HomeMy WebLinkAbout2000-33 Hwy 99/ODOT ExchangeRESOLUTION NO. 2000- ~,..~
A RESOLUTION AUTHORIZING THE AGREEMENT WITH
THE OREGON DEPARTMENT OF TRANSPORTATION
(ODOT) FOR JURISDICTIONAL EXCHANGE OF
HIGHWAY 99 (SlSKIYOU BOULEVARD) FROM 4TH TO
WALKER STREETS IN CONJUNCTION WITH THE
APPROVED STIP MODERNIZATION PROJECT
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The Abandonment and Retention Agreement #699 between ODOT and
the City of Ashland which provides for the jurisdictional exchange of Highway 99
(Siskiyou Boulevard) from 4th Street to Walker Street is approved.
SECTION 2. The Mayor and City Recorder are authorized to sign the agreement on
behalf of the City of Ashland.
This resolution was read by title only in accordance with Ashland Municipal Code
§~ASSED and ADOPTED this /9 dayof ~ , 2000.
Barbara Christensen, City Recorder
SIGNED and APPROVED this f~' day of J~¢'/'~'~ 2000.
Paul Nolte, City Attorney
Catherine M. Shaw, Mayor
1 - RESOLUTION G:\legal\PAUL~siskiyou jur ex reso.wpd
October 23, 2000
Abandonment & Retention
Agreement No. 699
Key No. 07200
ABANDONMENT AGREEMENT
Unit 1
Rogue Valley Highway No. 63 (Route 99) 4th Street - Walker Avenue
MP 19.5 to 20.8 (to the City)
City of Ashland
THIS AGREEMENT is made and entered into by and between the STATE OF
OREGON, by and through its Department of Transportation, hereinafter called "State",
and the City of Ashland, a municipal corporation of the State of Oregon, by and through
its City Officials, hereinafter called "City".
WITNESSETH
RECITALS
1. Rogue Valley HighwayNo. 63isunderthejurisdictionandcontrolofState.
2. Pursuant to ORS 373.010, whenever the route of any state highway passes through
the corporate limits of any city, State may locate, relocate, reroute, alter, or change
such routing when in its opinion the interests of the motoring public will be better
served.
3. Pursuant to ORS 366.395, the State may relinquish title to any of its property not
needed by it for highway purposes to any other governmental body or political
subdivision within the State of Oregon, subject to such restrictions, if any, imposed
by deed or other legal instrument or otherwise imposed by State.
'A&R 699
City of Ashland
NOW THEREFORE, the premises being in general as stated in the foregoing
RECITALS, it is agreed by the State and City as follows:
TERMS OF AGREEMENT
In recognition of mutual benefits which will accrue to the residents of the State of
Oregon and the City of Ashland, and for the purpose of furthering the development
of a State highway system adapted in all particulars to the needs of the people of
the State of Oregon, State and City have determined that a jurisdictional transfer of
right-of-way between the City and State within the City Limits of Ashland should be
accomplished.
2. State plans and proposes to relinquish State jurisdiction, control, and maintenance
responsibilities to the City in LJnit 1 of Rogue Valley Highway 63, as shown on
Exhibit A, attached hereto and by this reference made a part thereof. This unit of
highways is more fully described below.
This agreement and jurisdictional exchange of highway will become effective on the
date all required signatures are obtained, and shall remain in effect for the purpose
of on-going maintenance responsibilities for the useful life of the facilities referred to
in this agreement.
Upon jurisdictional transfer of right-of-way, State shall make a total payment to City
of $2,198,223 in State funds, as further described under "STATE OBLIGATIONS",
page 4, paragraph 4.
'A&R 699
City of Ashland
STATE'S OBLIGATIONS
1. State shall, by resolution, formally eliminate Unit 1 as a portion of the Rogue Valley
Highway No. 63 and the state highway system as shown in Exhibit A. All right, title,
and interest of State, including all jurisdiction, maintenance, and control shall pass
to and vest in City as described as follows:
Unit 1
All land within the right-of-way boundaries of the Rogue Valley Highway,
Highway No. 63 as presently located, beginning at the intersection with"
East Main Street at approximately M.P. 19.52; thence running
Southeasterly to its intersection with_ the west curb line of Walker Avenue
at approximately M.P. 20.84, lying in Sections 9, 10, and 15, Township 39
South, Range I East, W.M., Jackson County, Oregon. ..
' 2'. After October 1, 2001, State shail, upon receipt of monthly billings of project costs
from City, pay itemized amounts within 45 days of receipt of invoice up to
$1,500,000. Said funds will be paid from 2000 - 2003 STIP Modernization Program
(Key #07200) for project expenses as outlined and scheduled in paragraph 4 below.
3. State will pay $698,223 in State funds to the City as outlined and scheduled in
paragraph 4 below.
4. Payment Schedule/Funds
> November 30, 2000
> July 31, 2001
> October 1, 2001
> October 1, 2003 .
Total:
$ 100,000 (State funds)
$ 78,223 (State funds)
$1,500,000 (STIP, Per City's monthly billings)
$ 520,000 (State funds)
$2,198,223
3
· A&R 699
City of Ashland
CITY'S OBLIGATIONS
City agrees to accept all of State's right, title and interest in Unit 1;
to accept jurisdiction and control over the property; and to maintain the property as
part of its city street system as long as needed for the service of persons living
thereon or a community served thereby. Any right-of-way being transferred in which
State has any title shall be vested in City so long as used for public road purposes.
If said right-of-way is no longer used for public road purposes, it shall automatically
revert to State.
2. City agrees to dollar amounts and payment schedule as outlined in "STATE'S
OBLIGATIONS" paragraph 4.
3. Upon transfer of right-of-way, City agrees to reconstruct the roadway and add
bicycle lanes on the 4~ Street-Walker Avenue Section of the Rogue Valley Highway
as part of this jurisdictional exchange. City also agrees to bring existing sidewalks
into compliance with the Americans with Disabilities Act (ADA). This project is
scheduled for construction in 2002 and shall be completed by the end of calendar
year 2003. If City should not reconstruct this project as outlined in this agreement,
City shall reimburse State the $2,198,223 and return ownership of the right-of-way
as described in Unit 1 to the State.
City shall compile accurate project records. When the actual total City cost of the
project has been computed, City shall furnish State with an itemized statement of
said project costs. After October 1, 2001, City shall forward to State monthly-
itemized billings not to exceed $1,500,000 for City's project costs incurred to date.
4
A&R 699
City of Ashland
5. City shall pass an ordinance or resolution, as the case may be, authorizing
Mayor/Manager and Recorder to enter into the agreement on behalf of City.
GENERAL PROVISIONS
1. The properties above described are abandoned and transferred subject to the rights
of any utilities located within said properties and further subject to the rights of the
owners of said existing facilities, if any there be, to operate, reconstruct, and
maintain their utility facilities presently located within said properties. Nothing in this
paragraph shall be deemed, however, to relieve any utility or owner from complying
with the City's ordinances regulating the use of public rights-of-way; regulating the
operation, reconstruction and maintenance of utility facilities in public rights-of-way;
requiring the owner to obtain a franchise from the City to use such rights-of-way and
requiring payment to the City for such use. State shall use its best efforts to identify
all utilities located within the properties being transferred and shall cooperate with
City in notifying such entities as to City requirements.
Both parties, their consultants or subcontractors, if any; and all employers working
under this agreement are subject employers under the Oregon Workers
Compensation Law and shall comply with ORS 656.017, which requires them to
provide workers' compensation coverage for all their subject workers.
Both parties acknowledge and agree that each other and the Oregon Secretary of
State's office and the federal government and their duly authorized representatives
shall have access to such fiscal records and other books, documents, papers, plans
and writings of both parties that are pertinent to this agreement to perform
examinations and audits and make excerpts and transcripts.
A&R 699
City of Ashland
4. This agreement may be terminated by mutual written consent of both parties.
State may terminate this agreement effective upon delivery of written notice to City, or
at such later date as may be established by State, under any of the following
conditions:
a. if City fails to provide services called for by this agreement within the time
specified herein or any extension thereof.
b. If State fails to receive funding, appropriations, limitations or other expenditure
authority at levels sufficient to pay for the work provided in the agreement.
Any termination of this agreement shall not prejudice any rights or obligations accrued
to the parties prior to termination.
5. Both parties shall comply with all federal, state, and local laws, regulations,
executive orders and ordinances applicable to the work under this agreement,
including, without limitation, the provisions of ORS 279.312, 279.314, 279.316,
279.320 and 279.555, which hereby are incorporated by reference. Without limiting
the generality of the foregoing, City and State expressly agree to comply with (I)
Title VI of Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973;
(iii) the Americans with Disabilities Act of 1990 and ORS 659.425; (iv) all regulations
and administrative rules established pursuant to the foregoing laws, and (v) all other
applicable requirements of federal and state civil rights and rehabilitation statutes,
rules and regulations.
This agreement and attached exhibits constitute the entire agreement between the
parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this agreement. No
waiver, consent, modification or change of terms of this agreement shall bind either
party unless in writing and signed by both parties and all necessary approvals have
6
A&R 699
City of Ashland
been obtained. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The failure
of State to enforce any provision of this agreement shall not constitute a waiver by
State of that or any ether provision.
[SIGNATURE PAGE TO FOLLOW]
· A&R 699
City of Ashland
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals
as of the day and year hereinafter written.
The Oregon Transportation Commission approved this agreement on October 11,
2000, and authorized the Executive Deputy Director/Chief Engineer to execute the
agreement. Said authority is recorded in the Commission minutes.
CITY OF ASHLAND, by and
through its City Officials
~yor/Manager
Engineer
Date ~.fl~/~ ~/ff'~ .
City Recorder
Date
APPROVED AS TO LEGAL SUFFICIENCY
By
Assistant Attorney General
Date
STATE OF OREGON, by and through
its Department of Transportation
By__
Executive Deputy Director/Chief
Date
APPROVAL RECOMMENDED
By_
. Right-o~'-Way Manager"
Date
By
Region Manager
Date
Content review by ~°n-'-7-~''
Legal review by _~__un --
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