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Council Communication

Title:	Resolution Authorizing "Jurisdictional Transfer Agreement No. 707 - Rogue Valley Hwy. 63 To UPRR Overcrossing Section Green Springs Highway No. 21 (State Hwy. No 21, Or Route 66) City of Ashland" with the Oregon Department of Transportation (ODOT)
Dept:	Public Works Department
Date:	November 19, 2002
Submitted By:	Paula Brown
Reviewed By: ........................	Brian Almquist, Interim City Administrator

Synopsis:	At the September 3, 2002 meeting, Council approved staff's recommendation for conceptual acceptance of the draft agreement for jurisdictional transfer of Ashland Street from Siskiyou to the railroad overpass. Staff entered into additional negotiations to determine the timing of the funds to be paid to the City. The attached resolution finalizes that agreement and authorizes the City to enter into "Jurisdictional Transfer Agreement No. 707 - Rogue Valley Hwy. 63 To UPRR Overcrossing Section Green Springs Highway No. 21 (State Hwy. No 21, Or Route 66) City of Ashland" with the Oregon Department of Transportation (ODOT); MP 0.00 to MP 0.73 (Ashland Street from Siskiyou Boulevard to Faith Avenue).
Recommendation:	It is recommended that Council approve the attached resolution to enter into "Jurisdictional Transfer Agreement No. 707 - Rogue Valley Hwy. 63 To UPRR Overcrossing Section Green Springs Highway No. 21 (State Hwy. No 21, Or Route 66) City of Ashland" with the Oregon Department of Transportation (ODOT), and direct the Mayor and City Recorder to sign the resolution.
Fiscal Impact:	The agreement transfers jurisdiction of Ashland Street between Siskiyou Boulevard to the railroad overpass just south of Faith Avenue. ODOT will pay the City of Ashland $748,000 for this exchange. Staff negotiated with ODOT for the final terms of the agreement and although slightly different from the suggested amounts presented in September, staff is pleased with the final arrangement. ODOT will provide the City with $200,000 by December 31, 2002; $181,750 by November 30, 2003, and the final $366,250 by November 30, 2004. There was concern that the City looses revenue if funds are not received immediately upon transfer. For discussion, the $181,750 to be received in one year (November 2003) instead of right now, assuming a rate of 2.4%, the City's revenue loss is $4,362. For the remaining $366,250 to be received in two years (November 2004), the additional loss is $17,600. However, the City is benefiting by getting the overlay completed earlier than programmed (2007), and that provides a better, longer life on the road, which should be substantially equal to the loss in revenue.
Background:	Similar to the discussion regarding Siskiyou Boulevard (Highway 99), Ashland Street does not act like a state highway, but more like a city street. The Oregon Highway Plan requires ODOT to negotiate with local jurisdictions to transfer ownership on major improvements of state projects that affect local jurisdictions. The City has provided a certain level of maintenance along Ashland Street even though it has been a State District Level Highway. The City maintains the trees in the park row, provides snow removal and is the primary responder for storm drain concerns. The long-term maintenance costs have been fairly evaluated by ODOT and the jurisdictional exchange funds will provide a good source of revenue for the City. The acceptance of the access management project funds ($550,000) required that the City agree to discuss jurisdiction of the project area. This section is just over three-quarters of a mile on Ashland Street between Siskiyou and the railroad overpass. ODOT has an elaborate formula for maintenance costs within the project area. Included in this section is the need for an overlay, which was programmed by ODOT for FY07. Because a signal is programmed for the intersection of Ashland and Normal and is documented in the City's Transportation System Plan for 2008, ODOT has agreed to provide additional funding for that future signal project. ODOT looks at the jurisdictional exchange on a 20-year basis and brings all the costs to a present value cost. In general, staff is very pleased with the results of the jurisdictional exchange offer from ODOT. ODOT has been fair with the City's needs, and realistic with the maintenance costs. The City has completed the overlay of this section during the current project. Having the $200,000 available in December 2002 was a critical concern to staff so that those funds would be available to help offset paving costs that are not eligible for the Access Management grant reimbursement. Additional Update on the Siskiyou / Ashland Street Projects: Ashland Street - Is basically complete with the exception of final pavement striping (which really should be completed by the Council meeting on November 19th) and the shrubs and plantings that should be completed by mid to late December. LTM ended up being about 2 weeks ahead of schedule and although final costs have not been tabulated, it is anticipated they will be significantly lower than the bid amount. Staff has worked primarily with the businesses along Ashland Street to identify and resolve details of driveway closures or relocations. The business owners have been very helpful and generally supportive of these changes. We are extremely grateful for the community's patience and acceptance of these changes. Siskiyou Boulevard - This is the next phase of the work. It is anticipated that LTM will begin the project at the southern end (down toward Walker Avenue and SOU) and will work from the inside out; meaning from the medians to the outside parkrows. The plan is to complete the medians first and have the majority of the planting completed by May 2003. During the winter months, the contractor can easily work on all of the concrete and landscaping. Paving will not start again until mid April. The whole project will be completed by December 2003. Staff will have a more detail schedule for discussion at a future Council meeting. Gresham / E. Main /Lithia Way Intersection - It is staff's desire to get the sidewalk and curb alignment in front of the Library completed by the end of the year. We were hoping to complete this work before Thanksgiving, but as that would not give enough time to fully complete the work prior to the Holiday parade, our revised plan is to begin the first of December. There are considerable utilities that need to be moved or worked around and this will give time for the Library landscape contractor to complete his work, utilities to be adjusted and then have LTM jump in and complete the parking bay, crosswalks and sidewalk work in December to early January. The remaining part of the intersection work will be completed toward the end of the project and will be totally complete by December 2003. Staff will have a more detail schedule for discussion at a future Council meeting.

End of Document - Back to Top

RESOLUTION NO. 2002- _______

RESOLUTION AUTHORIZING JURISDICTIONAL TRANSFER AGREEMENT NO. 707 - ROGUE VALLEY HWY. 63 TO UPRR OVERCROSSING SECTION GREEN SPRINGS HIGHWAY NO. 21 (STATE HWY. NO 21, OR ROUTE 66) CITY OF ASHLAND

THE CITY OF ASHLAND RESOLVES AS FOLLOWS:

SECTION 1. Jurisdictional Transfer Agreement No. 707 - Rogue Valley Hwy. 63 To UPRR Overcrossing Section Green Springs Highway No. 21 (State Hwy. No 21, OR Route 66) City of Ashland; provides for the jurisdictional exchange of Highway 66 (Ashland Street) between Siskiyou Boulevard and a section just south of Faith Avenue; MP 0.00 to MP 0.73.

SECTION 2. The Mayor and City Recorder are authorized to sign the agreement on behalf of the city.

SECTION 3. This resolution takes effect upon signing by the mayor.

This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this _____day of _________, 2002.
Barbara Christensen, City Recorder

SIGNED and APPROVED this _____day of _________, 2002.
Alan DeBoer, Mayor

Reviewed as to form:
Paul Nolte, City Attorney

End of Document - Back to Top

November 8, 2002 Jurisdictional Transfer Agreement No. 707

JURISDICTIONAL TRANSFER AGREEMENT

Rogue Valley Hwy. 63 to UPRR Overcrossing Section
Green Springs Highway No. 21 (State Hwy. No 21, OR Route 66)
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".

W I T N E SS E T H

RECITALS

1. Green Springs Highway, State Hwy. No. 21 (OR Route 66) is a part of the state highway system under the jurisdiction and control of State. This portion of the highway is also designated OR Route 66.
   
   
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, abandon, 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.
   
   
4. By agreement, City and State, shall eliminate from the state system a portion of the Green Springs Highway from MP 0.00 to MP 0.73, hereinafter referred to as "Unit 1". It is the purpose and plan of the parties hereto that Unit 1 be eliminated as a portion of the Green Springs Highway No. 21 (OR 66) and the state highway system; that the unit pass to and vest in the City, and that City maintain the unit as a part of its city street system as long as needed for the service of persons living thereon or a community served thereby.

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

1. In recognition of mutual benefits which shall accrue to the residents of the State and the City, 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, State and City have determined that a jurisdictional transfer of right-of-way between the City and State within the city limits of City, shall be accomplished.
   
   
2. It is the purpose and plan of the parties hereto that Unit 1 be eliminated as a portion of the Green Springs Highway No. 21 (OR 66) and the state highway system. Jurisdiction, control and maintenance responsibilities of said unit shall pass to and vest in the City. City shall maintain Unit 1 as a part of its city street system as long as needed for the service of persons living thereon or a community served thereby. Unit 1 is shown on Exhibit A attached hereto and by this reference made a part hereof.
   
   
3. This roadway shall retain the designation as OR Route 66.
   
   
4. This agreement covering the jurisdictional exchange of highways shall 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.

STATE'S OBLIGATIONS

1. State shall, by resolution, formally eliminate Unit 1 as a portion of the Green Springs Highway and the state highway system. All right, title, and interest of State, including all jurisdiction, maintenance, and control in said unit shall pass to and vest in City. Unit 1 is described as follows:

   Unit 1
   All land within the right-of-way boundaries of the Green Springs Highway No. 21 as presently located from approximately MP 0.00 opposite the intersection of Rogue Valley Highway No. 63 (OR 99) easterly to MP 0.73 located at the Union Pacific Railroad (UPRR) overcrossing, Bridge No. 0406A. Sections 10, 11, 14 and 15, Township 39 South, Range 1 East, Willamette Meridian; Jackson County, Oregon.
   
   

2. State agrees to reimburse the City, an amount not to exceed $748,000 in accordance with the following payment schedule:

   $200,000 State Funds (Key No. 12687) December 31, 2002
   $181,750 State Funds (Key No. 12743) November 30, 2003
   $366,250 State Funds (Key No. 12687) November 30, 2004
   
   

3. State shall retain any and all access rights in Unit 1 previously acquired by State.

CITY'S OBLIGATIONS

1. 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 a portion 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 overlay Unit 1 in conformance to the American Association of State Highway and Transportation Officials (AASHTO) standards.
   
   
3. City agrees that State shall retain any and all access rights in Unit 1 previously acquired by State, and shall preserve the control of access by State.
   
   
4. City shall pass an ordinance or resolution, as appropriate, authorizing Mayor/Manager and Recorder to enter into the agreement on behalf of City.
   
   
5. City shall retain the road designation as OR Route 66 and maintain the route signs.

GENERAL PROVISIONS

1. The properties above described are relinquished 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.
   
   
2. 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 City, 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 City fails to perform any of the other provisions of this agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from fails to correct such failures within 10 days or such longer period as may authorize.

   c. If State fails to receive funding, appropriations, limitations or other expenditure authority at levels sufficient to pay for the work provided in the agreement.

   d. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this agreement is prohibited or if State is prohibited from paying for such work from the planned funding source.
   
   

3. Any termination of this agreement shall not prejudice any rights or obligations.
   
   
4. 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.
   
   
5. City and State 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 659A.142; (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.
   
   
6. 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 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 other provision.

SIGNATURE PAGE TO FOLLOW

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 March 8, 2000 and authorized the Executive Director/Chief Engineer to execute the agreement. Said authority is recorded in the Commission minutes.

The Oregon Transportation Commission on January 16, 2002, approved Delegation Order No. 2, which authorizes the Director to approve and execute agreements for day-to-day operations when the work is related to a project included in the Statewide Transportation Improvement Program or a line item in the biennial budget approved by the Commission.

On January 31, 2002, the Director of the Oregon Department of Transportation approved Subdelegation Order No. 2, in which the Director delegates authority to the Executive Deputy Director for Highways, to approve and execute agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program.

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