HomeMy WebLinkAboutbocc.res.015.2012 �;o�-rRa�r� b- � �-
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITHIN COUNTY, COLORADO,APPROVING AN INTERGOVERNMENTAL
AGREEMENT (IGA) WITH THE CITY Of ASPEN AND THE STATE OF COLORADO
DEPARTMENT OF TRANSPORTATI�N ADOPTING THE
STATE HIGHWAY 82 ACCESS CONTROL PLAN
Resolution No. G►{� - 2012
Recitals
1. The State Highway 82 corridor is an important transportation resource for the
communities of the Roaring Fork Valley.
2. The County, City of Aspen (City), and the Colorado Department of
Transportation identified a need to develop an Access Control Plan (ACP) for the
corridor between Smith Way and Maroon Creek Bridge in 2005.
3. The agencies contracted an engineering consulting firm to conduct a study and
develop a comprehensive roadway access control plan to manage existing and
future access points. The goal of the plan is to provide appropriate access to the
highway while maintaining the safety and efficiency of the facility.
4. An IGA was not signed from the original Access Management Plan completed in
2005. In 2008, the County identified a need to update the ACP between Service
Center Road and Owl Creek. The update area wili be incorporated into the
previous document to create one final ACP from Smith Way to Maroon Creek
Bridge.
5. The purpose of the ACP is to provide for greater safety for the traveling public,
more efficient highway operations, and to bring the corridor into compliance with
the assigned access category in the State Access Code.
6. Having a formalized ACP will allow for the control c`��ture demands for access
along SH 82.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of Commissioners
that it hereby approves an Intergovernmental Agreement with the City of Aspen and the State
of Colorado Department of Transportation adopting the State Highway Access Control Plan
dated January 2012 attached as Exhibit A and the associated maps described as Table of
Accesses and Map of Accesses attached as Exhibit B and C respectfully.
NOTICE OF PUBLIC HEARING PUBLISHED BY TITLE AND SHORT SUMMARY
IN THE ASPEN TIMES WEEKLY FEBRUARY 9,2012.
�
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON FEBRUARY
8,2012.
FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITHIN
COUNTY WEBSITE (aspenpitkin.com) ON FEBRUARY 9, 2012.
APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC
HEARING ON FEBRUARY 22,2012.
�
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO:
�
��%fL' /
Je tte Jones � .
� ,
D uty Clerk and Recorder c� P��f f��� � di�'� ��r
f�
Date: � � �Z---
�.--�. —
APPROVED AS TO FORM:
__._._....�...-
--�....�__._._------ ______
__._
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,_.___._. .._._�;r..-
JoYin�.�eun�y Att�e�"'�
MANAGER'S APPROVAL:
on eacoc , County Manager
3
SAP#331000612
CONTRACT#�'�L�1��-
INTERGOVERNMENTAL AGREEMENT
AMONG THE CITY OF ASPEN,
PITKIN COUNTY,
AND
THE STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION �J�� � � L�'�
THIS AGREEMENT is entered into effective as of the day of
2012, by and among the City of Aspen and Pitkin County (hereafter referred
to collectively as the "City and County"), and the State of Colorado, Department of
Transportation (hereafter referred to as the "Department"), 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 highways within its jurisdiction; and
WHEREAS, the coordinated regulation of vehicular access to public highways is
necessary to maintain the efficient and smooth flow of traffic, to reduce the potential for
traffic accidents, to protect the functional level and optimize the 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 section of State Highway 82 between Smith Way.(MP 34.454)
and the Maroon Creek Bridge (MP 39.202) (hereafter referred to as the "Segment"),
which is within the jurisdiction of the agencies; and
WHEREAS, the Agencies are authorized pursuant to Section 2.12 of the 2002
State Highway Access Code, 2 C.C.R. 601-1 (the "Access Code") to achieve such
objective by written agreement among themselves adopting and implementing a
comprehensive and mutually acceptable highway access control plan for the Segment for
the purposes above recited; and
WHEREAS, the development of this Access Control Plan adheres to the
requirements of the Access Code, Section 2.12; and
�
NOW THEREFORE, for and in consideration of the mutual promises and undertakings
herein contained, the agencies agree as follows:
l. This Agreement shall constitute an approved Access Control Plan for the
Segment, within the meaning of Section 2.12 of the Access Code. �
2. The agencies shall regulate access to the Segment in compliance with the
Highway Access Law, Section 43-2-147, C.R.S. (the "Access Law"), the Access
Code, and this Agreement including Exhibit A ("Appendix A. SH 82 Access
Control Plan") — which exhibit by this reference is hereby incorporated into this
document as though fully set forth herein. Vehicular access to the Segment shall
be permitted only when such access is in compliance with the Access Law, the
Access Code and this Agreement—including Exhibit A.
3. Accesses which were in existence in compliance with the Access Law prior to the
effective date of this Agreement may continue in existence until such time as a
change in the access is required by the Access Law, the Access Code or this
Agreement or in the course of highway construction. When closure, modification,
or relocation of access is required, the Agency(ies)having jurisdiction shall utilize
appropriate legal process to affect such action.
4. Actions taken by any Agency with regard to transportation planning and traffic
operations within the areas described in Exhibit A to this Agreement shall be in
conformity with this Agreement. As per Code Section 2.12 (a), design waivers
may be approved if agreed upon by the Agencies.
5. Parcels of real property created after the effective date of this Agreement that
adjoin the Segment shall not be provided with direct access to the Segment unless
the location, use and design thereof conform to the provisions of this Agreement.
6. This Agreement is based upon and is intended to be consistent with the Access
Law and the Access Code as now or hereafter constituted. An amendment to
either the Access Law or the Access Code which becomes effective after the
effective date of this Agreement and which conflicts irreconcilably with an
express provision of this Agreement may be grounds for revision of this
Agreement.
7. This Agreement does not create any current financial obligation for any Agency.
Any future financial obligation of any Agency shall be subject to the execution of
an appropriate encumbrance document, where required. Agencies involved in or
affected by any particular or site-specific undertaking provided for herein will
cooperate with each other to agree upon a fair and equitable allocation of the costs
associated therewith, but, notwithstanding any provision of this Agreement, no
Agency shall be required to expend its public funds for such undertaking without
the express prior approval of its governing body or director. All financial
obligations of the Agencies hereunder shall be contingent upon sufficient funds
therefore being appropriated,budgeted, and otherwise made available.
8. Should any one or more sections or provisions of this Ageement 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 constitutes the entire understanding and agreement between the
Parties regarding the subject rnatter hereof and supersedes and controls all prior
written and oral agreements and representations of the Agencies concerning
regulating vehicular access to the segment. No additional or different oral
representation, promises or agreement shall be binding on any Agency. This
agreement may be amended or terminated only in writing executed by the
Agencies with express authorization from their respective governing bodies or
legally designated officials. To the extent the Access Control Plan, attached as
Exhibit A to this Agreement, is modified by a change, closure, relocation,
consolidation or addition of an access, the Agencies may amend the attached
Exhibit A so long as the amendment to the Access Control Plan is executed in
writing and amended in accord with the Access Law and Access Code. The
Access Control Plan Amendment Process has been included in Exhibit B.
10. By signing this Agreement, the Agencies acknowledge and represent to one
another that all procedures necessary to validly 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.
11. . The parties agree and understand that both parties are relying on and do not
waive, by any provisions of this Agreement, the monetary limitations or terms or
any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from time to time
amended or otherwise available to the parties or any of their officers, agents, or
employees.
12. 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.
13. Any notice required or permitted under this Agreement shall be in writing and
shall be hand-delivered or sent by registered or certified regular mail, postage pre-
paid to the addresses of the parties as follows. Each party by notice sent under
this paragraph may change the address to which future notices should be sent.
To Pitkin County:
76 Service Center Road
Aspen, CO 816ll �
With a Copy to:
Pitkin County Attorney's Office
530 Main Street, Suite 302
�
Aspen, CO 81611
To City of Aspen:
C/O Transportation Department
215 North Garmisch St
Aspen, CO 81611
To Colorado Department of Transportation:
C/O Region 3
222 South 6th St
Grand Jct., CO 81501
14. The rights and obligations of the parties under this Agreement shall be binding
upon and shall inure to the benefit of the parties and their respective successors
and assigns.
�
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IN WITNESS WHEREOF, the Agencies have executed this Agreement effective as of
the day and year first above written.
City of Aspen, Colorado ATTEST:
.�:�/��f G" �'y- ���- -
Mayor, City of Aspen ity Clerk
APPROVED AS TO FORM:
�--�--�--� -
ity Attorney
Pitkin County, Colorado • TTEST:
,�jJ`��� r '
Commissioner, Pitkin County ty lerk
APPROVED AS TO FORM:
_— ______�
Count orne
State of Colorado
Department of Transportation ATTEST:
,-/�' ,�:^.,.�,-' � �-�C�c�-�.�5�z�., -
Chie Engineer ���� � 9 ��'� Chief Clerk
CONCUR:
Regi nal Transporta ion Director
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1�
EXHIBIT B: STATE HIGHWAY 82 ACCESS CONTROL PLAN AMENDMENT
PROCESS
1. Any request for amendment of the Access Control Plan must be submitted to and
agreed upon by the affected jurisdictions; the Colarado Department of
Transportation staff and/or the County/City of the Intergovernmental Agreement
depending on the property location. The amendment request shall include:
• Description of changes requested of the Access Control Plan
• Justification for Amendment
• Traffic Impact Study or analysis, depending upon the magnitude of the change
requested. Either party to the Access Control Plan can request this supporting
documentation.
2. The Department shall review the submittal for completeness and for consistency
with the access objectives, principles, and strategies described in the State
Highway 82 Access Control Plan report for this corridor and the State Highway
Access Code.
3. Once the appropriate local government approves the request for the amendment
with an ordinance, the amendment and all accompanying documentation shall be
submitted to CDOT for final review and approval.
f�
REG10�1 3
SEP 2 5 2012
A RESOLUTION OF THE CITY OF ASPEN,COLORADO,APPROV�J��7 F f(;
INTERGOVERNMENTAL AGREEMENT(IGA)WITH PiTKIN COUNTY AND THE ,
STATE OF COLORADO DEPARTMENT OF TRANSPOIiTATION ADOPTING THE
STATE ffiGHWAY 82 ACCESS CONTROL PLAN
Resolution No.�
Ser�es of 2Al2
Recitals
WHEREAS, The State Highway 82 corridor is an important transportation resource for
the communities of the Roaring Fork Valley.
WHEREAS, The County, City of Aspen (City), and the Colorado Depaztment of
Transportation identified a need to develop an Access Control PIan (ACP) for the
comdor between Smith Way and Maroon Cre�k Bridge ia 2005.
WHEREAS,The agencies contracted an engineering consulting firm to conduct a study
and develop a comprehensive roadway access control plan to manage existing and future
acc�ss points. The goal of the plan is to pmvide appropriate access to the highway while
maintaining the safety and efficiency of the facility.
WHEREAS, An IGA was not signed frorn the originat Access Management Plan
completed in 2005. In 2008, the County identified a ne.�d to update the ACP between
Service Center Road and Owl Creek. The update area will be incorporated into the
previaus docurnent to create one final ACP from Smith Way to Maroon Creek Bridge.
WHEREAS, The purpose of the ACP is to provide for greater safety for the traveling
public, more efficient highway operations, and to bring the corridor into compliance
with the assigned access category in the State Access Code.
� WHEREAS, Having a formalized ACP will allow for the control of future demands for
access along SH 82.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUCIL OF THE C1TY OF
ASPEN,COLORADO:
That it hereby approves an Intergovemmental Agreement with Pitkin County and the State of
Colorado Department af Transportation adapting the State Highway Access Control Plan
dated January 2012 with attachments hereto. '
Dated: ��r� ,2412
Michael . Ireland,Mayor
��
� . . ' • . �
A RESOLUTYON OF THE BOARD OF COUNTY COMMISSIUNER5 �
OF PITKIl�T COUNTY,COLORADO,APPROVING AN INTERGUVERNMENTAL
AGREEMENT(IGA}WITH THE CTTY Of ASPEN AND THE STATE OF COLORADO
DEPARTMEN'f`OF TRANSPORTATION ADOPTING THE .
STATE HIGHWAY 82 ACCESS C4NTROL PLAN
Resolution No. Q/5" -2012
' Recitals .
1. The State Highway 82 corridor is an important transporta�zon resource for the
� communities of the Roaring Fork Valley.
2. The County, City o£ Aspen (City), and the Colorado Department of -
Transportation identified a need to develop an Access Control Plan{ACP) for#he
coxxidor between Smith Way and Maroon Creek Bridge in 2005. . �
3. The agencies contracted an. engi.neering consulting firm to conduct a study and
develop a comprehensive roadway access contxol plan to manage e�tisting and
future access points. The goal of the plan is to provide appropriate access to the
highway while maintainiiig the safety and efficiency of the facility.
4. A�XGA�was not signed from the orig'inal Access Management Pian completed in
2005. In 2U08, the County identified a need to upda.te the ACP between Sezvice
� Center Road and Owl Creek. The update area will be incorporated into the -
previous document to create one fxnal ACP from Smith Way to Maroon Creek
Bridge. �
5. The purpose of the ACP is to provide for greater safety for the traveling public,
more efficient lughway operations, and#o bruig the coxridor into compliance with
the assi.gneti access category in the State Access Code.
6. Having a formaiized ACP will allow for tk�e contral of future demands for access
along SH 82. .
NUW,THEREFORE,BE IT RESOLVED by the Pitkin County Board of Cominissiozaers
that it hereby approves an Intergoveznmental Agreement with the City of Aspen and the State
of Colorado Department of Transportation adopting the State Highway Access Control Plan
dated January 2012 attached as Exhibit A and the assaciated maps descri.bed as Table of
Accesses and Map of Accesses aitached as Exhibit B and C respectfully.
NOTICE OF PUBLIC HEARING PUBLISAED BY TITLE AND SHORT S�Y
IN 1ZiE ASPEN TiMES WEEKLY FEBRUARY 9,2012.
�
. . /(,l .
(
INTRODUCED, FIRST READ AND SET FOR PUSLIC HEARING ON FEBRUARY
' 8,2012.
FULL TEXT OF THE RESOLUTION POSTED ON 7.`HE OFFICIAL PI'I'I�N
COUNTY WEBSTTE(aspenpitkin.com) ON FEBRUARY 9,201Z.
APPROVED AND ADOPTED AFT'ER SECOND READ'ING AND PUBLIC
HEARING ON FEBRUARY 22,2012• '
. � /
. ��
ATTEST: BOARD OF COUNTY C�IVAVIISSIONERS
OF PITKIN COU.�ITY,COLORAUO:
� .
\ � i �
Je tte Jones " . ,
. D uty Clerk and Recorder d pl.c�{,�e! � y1 G�c �w.1 r
. ff� ^
. Date: � �� �Z----
._,_.�.-- � -
APPR4VED AS TO FUR�VI: �
:._.--`�---
� �`, _.�.-.-�..- - ._
John El �� . .
MANAGER'S APPROVAL: � '
_____.-J
on eacoc , County Manager
�
� / �