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Home My WebLink AboutC03-081 The Town of Basalt IGA6 , "1 tl~m '®~ INTERGOVERNMENTAL AGREEMENT AMONG THE TOWN OF BASALT, THE COUNTY OF EAGLE COUNTY, AND THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION MAY Y °~ Z003 ~~~~~~~ THIS AGREEMENT (hereinafter referred to as the "Agreement") is entered into effective as of the 30 ~`'' day of ~ 2003, by and among the Town of Basalt and the County of Eagle County (hereinafter referred to collectively as the "City and County"), and the State of Colorado, Department of Transportation (hereinafter referred to as the "Department"), said parties being referred to collectively herein as the "Agencies." RECITALS: A. The Agencies aze authorized by the provisions of Article XIV, Section 18(2)(x), Colorado Constitution, and Sections 29-1-201, et. seq., C.R.S., to enter into contracts with each other for the performance of functions that they are authorized by law to perform on their own; and B. Each Agency is authorized by Section 43-2-147(1)(a), C.R.S., to regulate access to public highways within its jurisdiction; and C. 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 welfaze; and D. The Agencies desire to provide for the coordinated regulation of vehicular access for the section of State Highway 82, (From milepost 17.714 to milepost 21.470) (hereinafter referred to as the "Segment"), which is within the jurisdiction of the Agencies; and E. The Agencies are authorized pursuant to Section 2.12 of the 1998 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 recited above; and F. The development of this Access Control Plan adheres to the requirements of the Access Code, Section 2.12. • • NOW THEREFORE, for and in consideration of the mutual promises and undertakings herein contained, the Agencies agree as follows: 1. The Access Control Plan for the Segment (hereinafter referred to as the "Access Control Plan") is attached hereto as Exhibit A and incorporated herein. The Access Control Plan Illustration is attached hereto as Exhibit B, and is incorporated herein by this reference. 2. The Agencies shall regulate access to the Segment in compliance with the Access Control Plan, the Highway Access Law, section 43-2-147, C.R.S., (the "Access Law") and the applicable sections of the Access Code. Vehicular access to the Segment shall be permitted when such access is in compliance with the Access Control Plan, the Access Law and the applicable sections of the Access Code. 3. Accesses that 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 Control Plan or in the course of highway reconstruction. When closure, modification, or relocation of access is necessary or required, the Agency(ies) having jurisdiction shall utilize appropriate legal process to effect such action. 4. Actions taken by any Agency with regard to transportation planning and traffic operations within the areas described in the Access Control Plan shall be in conformity with this Agreement. Per section 2.12 (a) of the Access Code, 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. 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 that becomes effective after the effective date of this Agreement and that 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 fmancial obligation for either Agency. Any future financial obligation of either 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, however, notwithstanding any provision of this Agreement, neither 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 as provided by law. 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 supersedes and controls all prior written and oral agreements 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 either Agency. This Agreement may be amended or terminated only in writing executed by the Agencies on express authorization from their respective governing bodies or legally designated officials. 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. 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 that did not previously exist with respect to any person not a party to this Agreement. 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. IN WITNESS WHEREOF, the Agencies have executed this Agreement effective as of the day and year first above written. ~~ Town of Bas t, Colorado Mayor, -own Basalt APPROVED AS TO/^F'ORM^: ~~/ / ' To orney (' County of ommissioner, County of ATTEST: County Clerk APPROVED AS TO FORM: ~~ -- ~ ~ r~d~ County Attorney State of Colorado Department of Transportation ATTEST: C 'ef E ineer CONCUR: Regional sp tion Director J I ~.± { a: ~~ ~ .~ ~'~_~ : .w ' ~ ~ '•~a ~.. ~....,. ®~ ~~~~ ~~~_ Chief Clerk ` 1 1 • DRAFT EXHIBIT A SH 82 Access Control Plan Eagle/Garfield County Line to Emma Road Eagle County, Colorado The purpose of this Access Control Plan is to provide Eagle County, the Town of Basalt, and the Colorado Department of Transportation (Department) with a comprehensive roadway access control plan for State Highway 82 from Eagle/Garfield County Line to Pitkin/Eagle County Line. This Plan has been based on the standards contained in the Access Code II. Authority The development of this Access Control Plan was completed pursuant to the requirements of the 1998 State Highway Access Code (2 C.C.R. 601-1) Section 2.12., and adopted by the attached Agreement. III. Responsibilities Access segment shall only be in conformance with this Agreement. Responsibilities for the costs of access improvements, closures and modifications will be consistent with section 43-2- 147(6)(b) C.R.S., the Agreement, and this Access Control Plan. Responsibility for construction costs for roads, closures, traffic control and/or any other features covered by this Agreement and Access Control Plan shall be based on a fair and equitable allocation of the costs as agreed upon by the involved Agencies. IV. Access Revisions Accesses described in Section IV, below, may be closed, relocated, or consolidated, or turning movements may be' restricted, or the access may be brought into conformance with this Access Control Plan, when in the opinion of the Town and County with Department concurrence, or in the opinion of the Department, any of the following conditions occur: a) the access is determined to be detrimental b the public's health, safety and welfare, b) the access has developed an accident history that is correctable by restricting the access, or c) the access restrictions are necessitated by a change in road or traffic conditions, or d) there is a change in the use of the property that would result in a change in the type of access operation, or e) a highway reconstruction project provides the opportunity to make highway and access improvements in support of this access control plan. Access construction shall be consistent with the design and specifications of the Code. N. Access Locations The following is a description of all existing and future access points along the, Segment including their current status and agreed to changes and future conditions. All access locations is i ' defined by the approximate Department mile point (in hundredths of a mile) along State Highway 82, to the centerline of the access. Eastbound Direction 1. 17.978 -Existing public roadway (JW Drive) -This may remain as a full movement non -signalized access. 2. 18.791 -Existing private property access (Amoco Service Station), full movement access. This access will be closed when property is redeveloped or funding is available to close the access. Access will be available from Valley Road. 3. 18.849 -Existing private property access (Amoco Service Station), Currently, aright- in/right-out access. This access will be closed when the property is redeveloped or funding is available to close the access. Access will be available from Valley Road. 4. 19.006 -Existing public roadway (El Jebel Road), This may remain as afull-movement signalized access. 5. 19.437 -Existing public roadway (Willits Lane), This may remain as a full movement access with the potential of a future signal location, and the construction of a north leg resulting in a four- legged intersection. 6. 20.582 -Existing public roadway (Original Road), This may remain as a full movement with the potential of a future signal location. 7. 20.945 -Existing public roadway (Two Rivers Road/Willits Lane), This may remain as a full-movement signalized access. 8. 21.462 -Existing public roadway (Emma Road), This may remain as a full movement access. Westbound Direction Measured from Emma Road in a north and northwesterly direction toward City of Glenwood Springs. 1. 21.462 -Existing public roadway (Emma Road), This may remain as a full movement access. 2. 20.945 -Existing public roadway (Two Rivers Road/Willits Lane), This may remain as a full-movement signalized access. 3. 20.582 -Existing public roadway (Original Road), This may remain as a full movement with the potential of a future signal location. 4. 20.249 -Existing private access with right-in and right-out. The access will be closed, once there is a connection with Original Road. 5. 19.822 -Existing Frontage Road access allowance of right- in and right-out movement. The access will be closed for public use, once there is a connection with Original Road. This access may remain as an emergency access for the Basalt & Rural Fire Protection District. 6. 19.483 -Existing public roadway (Willits Lane), This may remain as a full movement access with the potential of a future signal location, and the construction of a north leg resulting in afour-legged intersection. 7. 19.437 -Exiting right in and right-out access. Once there is a connection with Blue Ridge Road the access will be close. 19.3147 -Existing right-in and right-out access. Once there is a connection with Blue Ridge Road, the access will be close. 9. 19.006 -Existing public roadway (El Jebel Road), This may remain as a full movement, signalized access. 10. 17.978 -Existing public roadway (JW Drive), This may remain as a full movement norr signalized access. V. Supporting Street System Generally, a parallel street system of local collector function streets will be constructed on both the north and south sides of State Highway 82 during the development process. This local parallel system of city streets and county roads will Delp distribute vehicles to and from the primary north/south streets that have signalized or right-turn only access locations on SH 82 and will help maintain the hierarchy of the supporting street system. EXHIBIT B Access Plan Illustrated Apri12002 The attached Exhibit B is for general illustration and only for the ease of identifying and locating access points. Refer to the text of the document for accurate access location information.