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Home My WebLink About20180609.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR WELD COUNTY ROAD 29 ACCESS CONTROL PLAN BETWEEN STATE HIGHWAY 392 AND COUNTY ROAD 100 AND AUTHORIZE CHAIR TO SIGN - VARIOUS ENTITIES WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on January 8, 2018, the Board was presented with an Intergovernmental Agreement for the Weld County Road 29 Access Control Plan (State Highway 392 to County Road 100), among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Towns of Severance, Eaton, Ault, Pierce, and Nunn, commencing February 26, 2018, with further terms and conditions being as stated in said intergovernmental agreement, and WHEREAS, the Board deemed it necessary to continue this matter to hold another public meeting with the Mayors and the Town Managers, and WHEREAS, after review, the Board deems it advisable to approve said intergovernmental agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Intergovernmental Agreement for the Weld County Road 29 Access Control Plan (State Highway 392 to County Road 100) among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Towns of Severance, Eaton, Ault, Pierce, and Nunn be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said intergovernmental agreement. at.45.0.„2..,eccae.y-osi_a cc: PLoCzrc IFR(CH), CC-CBe. (Bc..) opt -04 - L8 2018-0609 EG0075 RE: INTERGOVERNMENTAL AGREEMENT FOR WELD COUNTY ROAD 29 ACCESS CONTROL PLAN BETWEEN STATE HIGHWAY 392 AND COUNTY ROAD 100 - VARIOUS ENTITIES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of February, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the B APP ED Coun y Attorney Date of signature: d3 -Z4 /X Steve Moreno, Chair arbara Kirkmeyer, ro-Tem Sean P. Conway Julie A. ozad Mike Freeman 2018-0609 EG0075 MEMORANDUM TO: Board of County Commissioners DATE: February 26, 2018 FROM: Jim Flesher, Transportation Planner , SUBJECT: Resolution Adopting Weld County Road 29 Access Control Plan Intergovernmental Agreement This IGA is with the towns of Severance, Eaton, Ault, Pierce, and Nunn with each party committing to the others that it will utilize the Weld County Road 29 Access Control Plan when reviewing proposed accesses and development on the corridor in their respective jurisdictions. The parties also commit to abide by the ACP in regards to future traffic signals, speed limits, weight limits, and road cuts. The intent is to protect the county's inventments in infrastructure on the corridor and maintain consistency regardless of which town annexes which portion. I'm available to answer any questions you may have. 2018-0609 MEMORANDUM TO: Board of County Commissioners DATE: December 20, 2017 FROM: Jim Flesher, Transportation Planner SUBJECT: Resolution Adopting Weld County Road 29 Access Control Plan The Weld County Road 29 Coalition, which includes the towns of Severance, Eaton, Ault, Pierce, and Nunn as well as the county, decided at their last meeting on July 25, 2017 that the towns would adopt the Access Control Plan and an intergovernmental agreement to implement it before we scheduled the resolutions for the Board of County Commissioners to do the same. The towns adopted the ACP and IGA on the following dates: • Ault: August 9, 2017 • Severance: September 18, 2017 • Eaton: September 27, 2017 • Nunn: October 9, 2017 • Pierce: December 11, 2017 The main objective of this Access Control Plan is to provide safe access to properties on the WCR 29 corridor between State Highway 392 and WCR 100, which can be accomplished through the following goals: 1. Improve corridor safety. 2. Coordinate construction improvements. 3. Promote economic vitality. 4. Protect infrastructure investments. 5. Maintain the functional integrity of the corridor (safety, mobility, and capacity). To accomplish these goals, the ACP contains requirements for access spacing, sight distance, auxiliary lanes, and width of accesses. It also contains policies on the width of the right-of-way for the corridor, addresses accesses with safety concerns, new accesses, and new road connections. Other policies address future traffic signals, speed limits, weight limits, road cuts, and school bus stops. The ACP states accesses that do not meet the criteria in the plan can remain as they are, but they should be addressed as soon as feasible, when development occurs, with change of use, or when the road is widened, whichever occurs sooner. Resolution Adopting Weld County Road 29 Access Control Plan Page 12 The ACP is intended to be used by Weld County Public Works staff when designing improvements on the corridor, by the towns as they annex portions of the road (the northernmost mile is already in the Town of Nunn), and by developers so that they will know the requirements for access onto the corridor. The ACP also contains a process for amending the plan in order for it to remain a "living document." The attached resolution adopts the Weld County Road 29 Access Control Plan and the policies it contains. An intergovernmental agreement among the county and the five towns follows this agenda item. Notice of this hearing was published December 29, 2017 in the Greeley Tribune, posted on the WCR 29 ACP webpage and on the county's legal notices webpage, and emailed to those who provided their emails at the public meeting held June 13, 2017. A newsletter was also emailed out to those signed up for those emails. The towns were notified by email as well. I'm available to answer any questions you may have. Acaits' 1 Esther Gesick ai --ibt e 4 law From: Sent: To: Cc: Subject: Avi: Bruce Barker Friday, September 8, 2017 11:19 AM Avi Rocklin Eits4r- 'Gary Carsten'; Mike Freeman; Elizabeth Relford; Esther Gesick RE: IGA for Crossing Closure and Road Improvements r The IGA was on the agenda for the BOCC on Wednesday and it was approved. Might be good for both the County and Eaton to have original signatures. I will check with Esther Gesick, Clerk to the Board, on how we may accomplish that. On another note, for the WCR 29 Access Control Plan, we are hoping to have original signatures for each entity who signs. So I asked Commissioner Freeman to pass the word along that we would like to get 6 signed originals of the signature page from each entity. We will collect them and then send to each entity a packet containing 6 original signatures. Ault has already sent 6 originals signed by Mayor White. Could Eaton do the same? Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Avi Rocklin [mailto:avi@rocklinlaw.com] Sent: Thursday, August 31, 2017 5:14 PM To: Bruce Barker <bbarker@weldgov.com> Cc: 'Gary Carsten' <gcarsten@eatonco.org> Subject: RE: IGA for Crossing Closure and Road Improvements Bruce - Attached is the final form of the agreement. Thanks much for your assistance getting this done — avi PLEAS,'. NOTE NEW ADDRESS 1 AN INTERGOVERNMENTAL AGREEMENT REGARDING AN ACCESS CONTROL PLAN FOR WELD COUNTY ROAD 29 BETWEEN STATE HIGHWAY 392 AND WELD COUNTY ROAD 100 AMONG THE TOWNS OF SEVERANCE, EATON, AULT, PIERCE, NUNN, AND WELD COUNTY THIS INTERGOVERNMENTAL AGREEMENT is entered into by and among the Town of Severance, a municipal corporation of the State of Colorado, whose address is PO Box 339, Severance, Colorado 80546, the Town of Eaton, a municipal corporation of the State of Colorado, whose address is 223 1st Street, Eaton, Colorado 80615, the Town of Ault, a municipal corporation of the State of Colorado, whose address is PO Box 1098, Ault, Colorado 80610, the Town of Pierce, a municipal corporation of the State of Colorado, whose address is PO Box 57, Pierce, Colorado 80650, the Town of Nunn, a municipal corporation of the State of Colorado, whose address is PO Box 171, Nunn, Colorado 80648 (all of which may be referred to collectively as "the Towns"), and the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is PO Box 758, Greeley, Colorado 80632. The parties hereto may be referred to herein collectively as "the Parties." WITNESSETH: WHEREAS, the Parties are authorized by the provisions of Article XIV, Section 18(2)(a), Colorado Constitution, and Sections 29-1-201, et. seq., C.R.S., to enter into contracts with each other for the performance of functions which they are authorized by law to perform on their own; and WHEREAS, Weld County has prepared an Access Control Plan for Weld County Road (WCR) 29 between State Highway 392 and WCR 100 with assistance from representatives from the Towns (the "WCR 29 Access Control Plan"), attached hereto and incorporated herein by reference, which each party hereto has adopted by resolution, and WHEREAS, the coordinated regulation of vehicular access to public roadways is necessary to maintain the efficient and smooth flow of traffic, to reduce the potential for traffic accidents, to protect the functional level and optimal traffic capacity, to provide an efficient spacing of traffic signals, and to protect the public health, safety and welfare; and WHEREAS, the Parties desire to provide for the coordinated regulation of vehicular access and other matters relating to WCR 29. NOW, THEREFORE, in consideration of the mutual promises and covenants stated herein, the parties hereto agree as follows: 1. WCR 29 ACCESS CONTROL PLAN: By and through their signatures hereunder, the Parties hereby adopt, accept and agree to the policies set forth in the WCR 29 Access Control Plan, as amended. The Parties shall regulate right-of-way, access, collector and arterial road spacing, traffic signals, speed limits, load limits, road cuts and school bus Page 1 of 8 Pages stops on any portion of WCR 29 under their respective jurisdictions in compliance with the policies set forth in the WCR 29 Access Control Plan, as amended. 2. POLICE POWER: This Agreement is intended to be in furtherance of the exercise of the general police power of each Party hereto, and nothing herein shall be construed to be a waiver by the Parties of their respective police power. 3. NECESSARY PROCEDURES: By signing this Agreement, the Parties acknowledge and represent to one another that all procedures necessary to contract and execute this Agreement have been performed, and that the persons signing for each Party have been duly authorized by his or her governing body to do so. 4. SEVERABILITY: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision to the extent that this Agreement is then capable of execution within the original intent of the parties hereto. 5. GOVERNMENTAL IMMUNITY: No portion of this IGA shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess under federal or state constitutional, statutory, or common law. 6. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 7. ENTIRE AGREEMENT: This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements, whether oral or written, concerning WCR 29. MODIFICATION: No modification, amendment, novation, renewal, or other alteration of or to this Agreement shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. Page 2 of 8 Pages IN WITNESS WHEREOF, the parties hereto have signed this Agreement thi2(4 day of , 2018. ATTEST: •COUNTY OF WELD, a political subdivision of the State of Colorado Weld County Clerk to the Board By: Deputy erk to the Bo By: Steve Moreno, Chair FEB 2 6 2018 Board of County Commissioners of the County of Weld Page 3 of 8 Pages ogD/f-d6.o9 (6) ATTEST: By: Date: 9'-/S -/9 Mauch, Town Clerk TOWN OF SEVERANCE, a municipal corporation of the State of Colorado By1/ --� Don Brookshire, Mayor � rofS0 0 cOWn 67110 �gliklin t) Sege co, % Page 4 of 8 Pages ATTEST: By: Date: G', Ba, Erika "Chris" Bagley, Tc vn Clerk TOWN OF EATON, a municipal corporation of the State of Colorado By: Kevin Ross, Mayor Page 5 of 8 Pages By: By: Deputy Clerk to the Board Julie Cozad, Chair Board of County Commissioners of the County of Weld ATTEST: TOWN OF SEVERANCE, a municipal corporation of the State of Colorado By: By: Betty Mauch, Town Clerk Don Brookshire, Mayor ATTEST: TOWN OF EATON, a municipal corporation of the State of Colorado By: By: Erika "Chris" Bagley, Town Clerk Kevin Ross, Mayor A OWN©At r#+R •ND gfee St v u. own Clerk RAN ATTEST: TOWN OF AULT, a municipal corporation of the State of Colorado By: Gary " tch" White, Mayor 8'-19-/7 TOWN OF PIERCE, a municipal corporation of the State of Colorado By: By: Pat Larson, Town Clerk ATTEST: M. Sue Spurgeon -Paris, Mayor TOWN OF NUNN, a municipal corporation of the State of Colorado By: By: Cathy Payne, Town Clerk Thomas Bender, Mayor Page 6 o f Date: Pat Larso on mi rk 1 TOWN OF PIERCE, a municipal corporation of the State of Colorado By: a.► -f M. Sue Spurgeon -Paris, Mayor Page 7 of 8 Pages ATTEST: By: L Date: Cathy Pay (i , Towi1 lerk Gti-eihtv k/ 7 TOWN OF NUNN, a municipal corporation of the State of Colorado Page 8 of 8 Pages Thomas Bender, Mayor Hello