HomeMy WebLinkAbout20153368.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR COUNTY ROAD 49 ACCESS
CONTROL PLAN AND AUTHORIZE CHAIR TO SIGN -THE TOWN OF HUDSON, THE
TOWN OF KEENESBURG, AND THE TOWN OF KERSEY
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, the Board has been presented with an Intergovernmental Agreement for the
County Road 49 Access Control Plan between 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 Town of Hudson, the Town of Keenesburg, and the Town of Kersey,
commencing upon full execution of signatures, and with terms and conditions being as stated in
said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said 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 County Road 49 Access Control
Plan between 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 Town of
Hudson, the Town of Keenesburg, and the Town of Kersey be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of October, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ATTEST:ei7�l�LtK(AIL
km �4/2A--
arbara lreyer Chair h
Weld County Clerk to the Board
Mike Freeman, Pro-Tern BY: D-.�ty Clerk t• the B•ar.1� ` '� _���
,ter.n P. Conway
1861 t O tv
APPROVED AS TO FORM:
J ie . Cozad
•
County Attorney
Steve Moreno
Date of signature: ail
2015-3368
�,:��(6R1Fc, 1 -1`I EG0072
WCR 49 ACCESS CONTROL PLAN
INTERGOVERNMENTAL AGREEMENT
AMONG
THE TOWN OF HUDSON,
THE TOWN OF KEENESBURG,
THE TOWN OF KERSEY,
AND
WELD COUNTY
MI
HIS AGREEMENT is entered into effective as of the day of
2015, by and among the County of Weld, State of Colorado, by and through the
Board of County Commissioners of the County of Weld ("County"), whose address is 915 Tenth
Street, Greeley, Colorado 80631; the Town of Hudson, Colorado ("Hudson"), whose address is
557 Ash Street, Hudson, Colorado 80642; the Town of Keenesburg ("Keenesburg"), whose
address is 140 South Main, Keenesburg, Colorado 80643, and the Town of Kersey ("Kersey"),
whose address is 332 3rd Street, Kersey, Colorado 80644 all of said parties being referred to
collectively herein as the "Agencies."
WITNESSETH:
WHEREAS, the Agencies 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, each Agency is authorized by Section 43-2-147(1) (A), C.R.S., to regulate
access to public roadways within its jurisdiction; and
WHEREAS, the Agencies entered into an Intergovernmental Agreement dated June 29,
2011 for the purpose of developing a comprehensive and mutually acceptable Access Control
Plan for the section of Weld County Road 49, between Interstate 76 and State Highway 263
(hereafter referred to as the "Segment"); and
WHEREAS, said Access Control Plan has been adopted by each Agency 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 Agencies desire to provide for the coordinated regulation of vehicular
access for the Weld County Road (WCR) 49 Corridor from 1-76 to US 34; and
WHEREAS,the Agencies are authorized, by their respective governing bodies, to achieve
written agreement among themselves by adopting and implementing a comprehensive and
mutually acceptable Access Control Plan for the Corridor for the purposes above recited.
2015-3368
1
NOW THEREFORE, for and in consideration of the mutual promises and undertakings
herein contained, the Agencies agree as follows:
1. The Agencies shall regulate access to the Segment in compliance with the Weld County
Road 49 Access Control Plan (the "Access Control Plan") attached hereto and
incorporated herein by reference. Vehicular access to the Segment shall be permitted
only when such access is in compliance with the goals, objectives and policies (as set
forth Section I, subsection D of the Access Control Plan), and the technical standards set
forth in the Access Control Plan and this Agreement.
2. Existing accesses which were in existence prior to the adoption of the Access Control Plan
and this agreement may continue in existence if the access point complies with the Access
Control Plan. If there is a change of use of an existing access point the Agencies may
require closure, consolidation, modification, or relocation of an access point in accordance
with the Access Control Plan and this Agreement. Provided however, nothing in this
Section 2 shall be deemed to authorize the Agencies to deprive access to a property in
violation of Colorado law.
3. Actions taken by any Agency with regard to transportation planning and traffic operations
within the Corridor shall be in conformity with the Access Control Plan.
4. When any determination is required by the Agencies in accordance with the Access
Control Plan, which determinations include, but are not limited to, consideration of new
access points, changes of use or access, or traffic signals, such determination by the
Agencies shall be accomplished as follows:
a. If the determination involves property located within a municipality that is a party
to this Agreement, such determination shall be accomplished by the governing
body of the municipality making a request of the County, after consultation with the
other Agencies to this Agreement. Determination by the County shall not be
unreasonably withheld. Such determinations by the municipality and by the
County shall be based upon an application of the goals, objectives, policies (as set
forth Chapter 7 of the Access Control Plan) and technical standards in the Access
Control Plan, which may include consideration of stamped recommendations of a
Colorado licensed professional engineer.
b. Any request made for a determination under this Agreement shall require
consideration by the governing body of the respective Agency, and such
consideration shall occur within thirty (30) days of a written request for such a
determination by the Agency having jurisdiction over the segment for which an
approval is sought. Such determination shall not be unreasonably withheld, and
determinations hereunder shall be based on application of the goals, objectives,
policies (as set forth Chapter 7 of the Access Control Plan) and technical standards
in the Access Control Plan, which may include consideration of stamped
recommendations of a Colorado licensed professional engineer. The failure to
act by an Agency within thirty (30) days of the written request shall be deemed an
approval.
c. If the determination involves property in the unincorporated area of Weld County,
such determination shall be made in accordance with the Access Control Plan.
2
5. Parcels of real property created after the effective date of this Agreement, which adjoin
the Corridor, shall not be provided with direct access unless the location, use and design
thereof conform to the provisions of the Access Control Plan.
6. In the event the County acquires for the purpose of widening or realignment, additional
rights-of-way that are contiguous to any section of WCR 49 that is within the boundaries
of a municipality that is a party to this Agreement, the County may, within thirty (30) days
of completing said acquisition, consider petitioning to annex such rights-of-way to the
municipality in order to avoid the creation of enclaves or slivers of unincorporated right-of-
way contiguous to the municipalities hereto. Such consideration by the County shall not
occur without the prior completion of an annexation agreement with the municipality,which
shall include a requirement that the municipality assume all maintenance and operations
costs associated with the right-of-way to be annexed by the municipality.
7. This Agreement is based upon and is intended to be consistent with the Access Control
Plan as now or hereafter constituted. Any amendments to the Access Control Plan will be
in accordance with Exhibit A of this Agreement.
8. Should any one or more sections or provisions of this Agreement be judicially determined
to be invalid or unenforceable, such judgment shall not affect, impair or invalidate the
remaining provisions of this Agreement, the intention being that the various provisions
hereof are severable.
9. This Agreement is intended to be in furtherance of the exercise of the general police power
of each Agency hereto, and nothing herein shall be construed to be a waiver by the
Agencies of their respective police power.
10. This Agreement supersedes and controls all prior written and oral agreement and
representations of the Agencies and constitutes the whole agreement between them with
respect to the subject matter of this instrument. No additional or different oral
representation, promise or agreement shall be binding on any Agency. This Agreement
may be amended only in writing executed by all Agencies on express authorization from
their respective governing bodies. While the Access Control Plan recommends updating
the Plan every five years, the Agencies agree to meet annually and discuss whether a
necessity exists to amend an access or termination of this Agreement. Notwithstanding
the foregoing, however, this Agreement shall remain in force until terminated by written
agreement of all the Agencies.
11. By signing this Agreement, the Agencies 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 Agency have been duly authorized by such Agency
to do so.
12. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the
parties or their officers or employees may possess, nor shall any portion of this Agreement
be deemed to have created a duty of care which did not previously exist with respect to
any person not a party to this Agreement.
13. It is expressly understood and agreed 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
3
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.
14. Any Agency hereto may terminate this Agreement with or without cause upon ninety (90)
days prior written notice to each of the other Agencies to this Agreement. However, upon
termination, the terminating Agency shall be obligated to pay to the County the costs
incurred (depreciated) by the County (through the intended date of termination) for the
acquisition of right-of-way, construction and maintenance of the roadway located within
the terminating Agency's jurisdiction. In the event of such a termination, to the extent
permitted by law, the remaining Agencies hereto shall retain the ability to enforce the
provisions of the Access Control Plan.
15. In the event of an inconsistency in the provisions of the Access Control Plan and those of
this Agreement, then the provisions of this Agreement control.
IN WITNESS WHEREOF, The Agencies have executed this Agreement effective as of the
day and year first written.
Weld County, Colorado ATTEST:
dirdfsiti ;&k.
•
eld County, hair OC 1 9 2015 Clerk to th-'Board of C'' my Co •c4y
APPROVED AS TO FUNDING: , .11
,.,,,, *l
APPROVED AS TO " � :•TA � (t41.42
Controller El=c -• ial or Department H
APPROVED AS TO FORM:
Co A orne 1.
Y
4
D/533 (/)ozo
Town of Hudson, Colorado ATTEST:
L��
Mayor,Crown of Hudson T wn Clerk
APPROVED AS TO FORM:
Town Attorney
5
Town of Keenesburg, Colorado ATTEST:
jiikt
Mayor,Town of Keenesburg Town Clerk
APPROVED AS TO FORM:
Town Attorney
6
Town of Kersey, Colorado ATTEST:
( ,........ )6.4.L.C._ .::: : covt.POR, „ . {
SEM,
Mayor, Town of Kersey - vI: Tow Jerk
APPROVED AS TO FORM:
Town Attorney
7
Exhibit A
Plan Amendment Process
Since conditions may change over time, it is important to specify a process for modifying the
access control plan (ACP). The ACP recommends creation of a Plan Advisory Committee(PAC)
comprised of one elected official representative from each of the signatories on the
Intergovernmental Agreement (IGA).
This group would meet, as needed, to process any ACP amendment requests. ACP
amendment requests will be submitted to and processed by Weld County to be reviewed by
the PAC. ACP amendments shall be presented to the PAC within 60 days of submittal.
Applications for amendment should include a letter explaining why an access amendment is
being requested and what the proposed changes would be, which shall be supported with
enginnering solutions. Approval of any plan amendment shall require three quarter (3/4)
majority votes to be approved. The PAC agrees that any inadvertent access mislabeling or
typos can be fixed by Weld County without needing a vote of the PAC.
It is recommended the PAC update the Access Control Plan every five years, but the PAC meet
annually to discuss whether any amendments are warranted. Most importantly,this process
would ensure continuing coordination between the corridor agencies.
8
Hello