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A RESOLUTION A°PROVIIN'C' AN INTERGOVERN- ENTrAL
AGREEMENT B ETWEE N THE CITY OF PUEBLO AND THE
STATE OF COLORADO DEP.MtTMENT OF TRANSPORTATION,
RELATING TO AIN ACCESS `wIA NArs%MEN'T PUS Nr FOR ES50A,
SH47 AND I -25
BE IT RESOLVED BY THE CITE' CUt. N I- Q.' i' %EBLO COLOlk.AIDQ, that:
SECTION 1.
An Intergovernmental Agreement between the City of Pueblo and the State of
Colorado Department of Transportation, a copy of which is on file in the office of the City
Clerk, and made a part hereof by reference, having beenn, approved as to form by the City
Attorney, relating to an Access ?�?a.nageme � I'`? .r. * �r U.S. I lghway 50A, State Hi h- -av -17,
and I-21. dated April 1995 is hereby approved.
S'E CT 10 '
Tile President of t C ity Council :s hereb a uthorized to execute Said on
benait of I' lel`lo, a N Lnicipal Corporat cm 4 :1d =:lie t, ity t_`.lerl, shall a; -Y the se =al Oi the C sfi'v
th reto and attest the saute.
IN T RODUCEID:_. April 22 , 1996
B
uv �S,a t_Garcia.__ .._-- -___ --
C o u n - i ip erson
APB RO % -D:
I i t of City Co�� :xci
City
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF PUEBLO
AND
THE STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
THIS AGREEMENT is entered into this 22 day of A r; , 1996 by and between
the City of Pueblo, a Municipal Corporation (hereafter referred to as the "City "), and the State
of Colorado, Department of Transportation (hereinafter referred to as the "Department ").
WITNESSETH:
WHEREAS, the Department and the City desire to enter into an agreement
regulating vehicular access for those sections of U.S. 50 -A, SH 47, I -25, adjacent frontage
roads and city roadways whose limits are described in the attached I -25 /SH 50 /SH 47 Access
Management Plan prepared by CH2M Hill, April, 1996, (hereafter referred to as the
"Sections ") which are within the City limits, in conformance with Section 2.12 of the State
Highway Access Code, 2 CCR 601 -1 as amended August, 1985 (hereafter referred to as the
"Code "); and
WHEREAS, regulation of vehicular access is necessary to maintain the efficient and
smooth flow of traffic, to protect the functional level and maximize the traffic capacity of
these roadways, to provide an efficient spacing of traffic control signals, and and to protect
the public health, safety and welfare; and
WHEREAS, the Department and City desire to reach a comprehensive and mutually
acceptable roadway access control plan for these roadways for the purpose of meeting
current and future capacity demands and safety requirements while also meeting the
reasonable access needs for local planned development to the extent feasible given existing
and future anticipated conditions along these roadways.
NOW THEREFORE, for and in consideration of the mutual promises herein contained, the
parties hereto agree as follows:
1. The City and Department hereby adopt the April 1996 edition
of the Access Management Plan prepared by CH2M Hill
(except those sections thereof relating to ownership and
maintenance and parcel acquisition) as the Access Control
Plan, and incorporate herein the report as "Exhibit A ".
2. The City and Department shall regulate access to the sections
to the extent of their jurisdiction and authority, in compliance
with the Access Control Plan and for State Highways, Code
Sections 2.4 and 2.12.
3. Each party shall allow access to the secitons in accordance with
the Access Control Plan. On State Highways those access
locations shall be consistent with Code Section 1.3.2 and
Section Four.
4. Driveways which were permitted or in legal existence prior to
the adoption of this Agreement may continue in existence until
such time as a change in use of the property results in the
occurrence of one or more "access change criteria" as provided
in code section 2.10.3 At such time, conformance with the
Code and Access Control Plan may be required as provided
therein.
5. Access and transportation engineering actions taken by the City
with regard to parcels adjoining the Sections shall not be
inconsistent with the Code, Section Four, and Exhibit "A ".
6. Each party agrees that parcels developed after the effective
date of this Agreement, which adjoin the Sections, shall not be
provided with direct access to the roadway, unless such access
is consistent with the Access Control Plan and, for State
Highways, Code Section Four.
7. This Agreement is based upon and is intended to be consistent
with the Highway Access Law, Section 43 -2 -147 CRS, and the
Code, both as from time to time amended. Any State Highway
access decision made on or after the effective date of any
amendment to the Code shall be governed by the Code as so
amended.
8. Should the Code be amended, any party may withdraw from
this Agreement due to specific and applicable revisions in the
amended Code effecting this Agreement and upon written
notification to all parties. If a party withdraws from this
Agreement, the Agreement becomes void. All subsequent State
Highway access decisions shall be made consistent with the
Code in effect at that time.
9. This Agreement supersedes all prior written and oral
agreements and representations of the parties regarding the
Sections and is the complete integrated agreement of the
parties regarding the subject matter hereof.
10. This Agreement may not be amended except by subsequent
written agreement of the parties.
11. By signing this Agreement, the parties acknowledge and
represent to one another that all procedures necessary to
validly contract and execute this Agreement have been
performed and the persons singing for each of the parties have
been duly authorized to do so.
State of Colorado City of Pueblo, a Municipal Corporation
Department of Transportation
r f Engineer for Engineering, Pre 'dent of City Council
esign & Construction
Region Transportation Director
ATTEST:
ATTEST:
Chief Cqtrk City Clerk