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HomeMy WebLinkAboutC01-304 MOU with CDOT for road impact feesMEMORANDUM OF UNDERSTANDING between the COLORADO DEPARTMENT OF TRANSPORTATION and EAGLE COUNTY for ROAD IMPACT FEES a • Memorandum of PURPOSE The purpose of this Memorandum of Understanding is to express and memorialize the agreements of the parties set forth herein concerning providing supplemental funding for certain state highway construction projects in Eagle County. This supplemental funding, to be provided by Eagle County, shall be frommonies maintained in one or more county funds generated from Road Impact Fees or other sources identified by Eagle County for highway construction projects. PARTIES The parties to this Memorandum are: Board of County Commissioners of Eagle County, State of Colorado, a body corporate and politic ("County"); and The Colorado Department of Transportation ( "the Department' POINTS OF UNDERSTANDING Eagle County, in cooperation with municipalities located in the County, has prepared a Transportation Plan and Road Impact Fee Study for the county, The Transportation Plan and Road Impact Fee Study indicate that there will be a significant amount of new growth and development in the county over the next ten (10) years; The Transportation Plan and Road Impact Fee Study have determined that the new growth and development in the county will require a substantial expansion in capital road facilities if an adequate Level of Service (LOS) is to be maintained; The Transportation Plan and Road Impact Fee Study have identified the improvements required to maintain adequate LOS on the Major Road System, The Road Impact Fee Study demonstrates that the existing revenue generated by the new growth and development will not be adequate to fund the needed Road Capital Improvements necessary to accommodate new growth and development in this area if the desired LOS on the Major Road Systems is to be maintained, To address this problem, the County and the participating municipalities have determined that new Traffic- Generating Development in the county shall bear a proportionate share of the cost of the provisions of new Road Capital Improvements required by such development, The County and the participating municipalities have determined that the imposition of a road impact fee is an equitable means of ensuring that new development bears a proportionate share of the costs of the Road Capital Improvements necessary to accommodate new development while at the same time maintaining adopted LOS on Page 2 of 5 Memorandum the Major Road System and promoting and protecting the public health, safety and welfare; The County has the authority to adopt a road impact fee pursuant to the Colorado Constitution and the Colorado statutes, and Eagle County has adopted road impact fee regulations; The Transportation Plan and road impact fees will assist in the implementation and is consistent with the Eagle County Master Plan, It is the objective of the County to make the most efficient use of their powers by jointly implementing a road impact fee program for the provision of Road Capital Improvements in order to maintain an adopted level of service on those roads; Many of the growth- impacted roads in the County are state roads, controlled by the Department as part of the State Highway System, for which the Department has responsibility under Colo. Rev. Stat. §43 -2 -102; The County and the Department have determined that full implementation of the County Transportation Plan, and the policies set forth in the ordinance adopting the Road Impact Fee, can be best fulfilled through specific Intergovernmental Agreements. Specific projects and funding agreements for such, will have an Intergovernmental Agreement (IGA) under which the County will transfer funds received through the Road Impact Fee to the Department for the construction of growth - related improvements to state highways; In the authorization acts for the Colorado Highway Users Tax Fund, the Colorado General Assembly has treated the system of state, county and municipal highways as an integrated system, providing for example in Colo. Rev. Stat. §43 -4 -204 that: All monies in the highway users tax fund are appropriated for the acquisition of rights -of -way for, and the construction, engineering, safety, reconstruction, improvement, repair, maintenance, and administration of, the state highway system, the county highway systems, the city street systems, and other public roads and highways of the state in accordance with the provisions of this part 2; Through the use of Road Impact Fees, the County will generate new revenue, available to address growth- related road and highway needs in Eagle County, In the interest of highway and fiscal efficiency, the County believes that such additional funding should be spent on construction projects carried out by Eagle County in the case of County roads identified for reconstruction, or by and in cooperation with the Department in the case of state highways. In the interest of highway and fiscal efficiency, the Department finds that entering into specific Intergovernmental Agreements for the expenditures of such funds on growth- related state highway construction in Eagle County will help it to fidfill its legislated duties for road and highway construction and funding. Page 3 of 5 A' Memorandum POINTS OF ACCORD The County and the Department agree: 1. PURPOSE. The purpose of this Memorandum of Understanding is to provide a framework_ for future IGAs to allow for supplemental county funding for certain state highway construction projects within Eagle County, Colorado, including roads within the unincorporated portion of the County. 2. SOURCE OF MONEY. The money which is the subject of this MOU and subsequent IGAs shall be money maintained in one or more county funds generated from road impact fees or other sources identified by the County. 3. POWERS. There shall be no change in the powers of the Department and the County under this MOU, except as to specific projects, as described in Section 6. 4. OBLIGATIONS. The obligations of the parties to this agreement shall relate only to specific projects as described in Section 6, and shall be as follows: a. When a specific project is identified, the County and the Department will develop an Intergovernmental Agreement (IGA) which will identify the obligations of the parties defined in Section 4 (b and c), as described below. b. It shall be the obligation of the County to pay to the Department such sums as the County commits in the IGA for a particular project under Section 6, provided that any funds tendered by the County will not exceed the cost of the particular project. c. It shall be the obligation of the Department to use the sums provided by the County for the project(s) for which such funds are designated, in accordance with Section 6; if the parties jointly agree that for any reason completion of such project has become impracticable; the Department may be released from such obligation by refunding all sums paid by the County to the Department for such project. While it is anticipated that any sums refunded to the County will not include interest, to the extent that County funds have been held by the Department in an interest bearing, account such refund shall then include any accrued interest. 5. RIGHTS. Each party shall have the right to seek specific performance of the obligations set forth in Section 4; otherwise, each party shall retain all rights and privileges to which it is otherwise entitled under the Colorado Constitution and Colorado law. 6. PROJECTS. The County may from time to time approve by the execution of an Intergovernmental Agreement (IGA) with the Department the commitment of specific monies from the road impact fee funds or other sources identified by the County to be used on specific projects included in the Department's Statewide Transportation Improvement Plan (STIP). In each case, the IGA shall: a. identify such project by name and location, b. give the project or program number used by the Department in the STIP to identify such project, c. identify the amount of funding to be conmiitted to such proj ect by the County from the road impact fee funds, or other sources identified by the County, or alternatively, identify a formula for the computation of such funding amount and a ceiling above which such funding may not go without further authorization, and d. the IGA at the option of the County, may also include a date by which construction work on the project must be begun for the County funding to be available; in case the IGA contains such a date, if construction has not begun by such date, the County shall have no further obligation to provide funding to such project under this agreement. Page 4 of 5 , Memorandum of 7. FUNDING REPORTS. For any project to which the County provides any funding under this agreement, the IGA with the Department shall include a provision to provide reports at least annually specifying: a. a general description of the project and its construction status; b. total project costs; c. share of the costs paid from the County funds under this agreement, d. share of the costs paid by the County from other funds; and e. share of the costs paid by any entities, public or private, other than the Department. 8. OTHER PROJECTS- STATE HIGHWAYS "ON SYSTEM ". The County may, by resolution or informal communication, suggest to the Department the construction of projects not included in current Department plans and programs. However, the Department will not enter into an IGA with the County or accept any funds under this Memorandum of Understanding from the County for any project until such time as the Department has through its normal'planning processes, added such project to its Statewide Transportation Plan and STIP. 9. OTHER PROJECTS- "OFF SYSTEM ". It is specifically agreed that the foregoing paragraph 8 will not preclude the County from utilizing its resources to identify and complete highway and road improvements which are "off system "(those roads other than state highways) within Eagle County. 10. TERM. This Memorandum of Understanding shall be in effect until further agreement of the parties unless terminated earlier for any reason. Termination may occur upon thirty (3 0) days written notice to the other party. If at any time this Memorandum of Understanding shall be terminated, and if there are at such time any pending IGAs to which the County has committed funding under this Memorandum of Understanding, such funding shall be paid by the County and the agreement shall remain as to such pending IGAs until the Department has provided the final required Funding Report due to the County under Section 7. AMENDMENTS This Memorandum. of Understanding may only be amended upon written agreement of all the parties. IN WITNESS WHEREOF, the parties have placed their signatures by and through their duly authorized representatives on the date(s) as indicated. COLORADO DEPARTMENT OF TRANSP RTA N By: Executive Director Date COUNTY OF EAGLE, STATE OF COLORADO, acting through its Board of County Commissioners 0 ATTEST: Page 5 of 5 Efate �rt „ Memorandum of Clerk to the Board Page 6 of 5