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Council Communication

Title:	Resolution Authorizing Agreement No. 725 - Abandonment Agreement Siskiyou Boulevard at Lithia Way and E. Main Street Rogue Valley Highway No. 63 (OR99) MP 19.52 to 19.46 (to the City) City of Ashland with the Oregon Department of Transportation (ODOT)
Dept:	Public Works Department
Date:	July 16, 2002
Submitted By:	Paula Brown
Reviewed By: ........................	Greg Scoles, City Administrator

Synopsis:	City acceptance of the terms of Agreement No. 19489 - 2001 Oregon Transportation Initiative Act (OTIA) Agreement - Siskiyou Boulevard ~ Lithia Way & E. Main Street for $500,000 in construction funding to improve the E. Main / Gresham / Lithia Way / Siskiyou intersection requires that the City also accept jurisdiction of the project area. The attached resolution accepts the Oregon Department of Transportation (ODOT) Agreement No. 725 - Abandonment Agreement Siskiyou Boulevard at Lithia Way and E. Main Street Rogue Valley Highway No. 63 (OR99) MP 19.52 to 19.46 (to the City) City of Ashland. The abandonment agreement transfers jurisdiction from ODOT to the City of Ashland.
Recommendation:	It is recommended that Council approve the attached resolution to enter into "Agreement No. 725 - Abandonment Agreement Siskiyou Boulevard at Lithia Way and E. Main Street Rogue Valley Highway No. 63 (OR99) MP 19.52 to 19.46 (to the City) City of Ashland" with the Oregon Department of Transportation.
Fiscal Impact:	The acceptance of the OTIA project funds requires that the City accept jurisdiction of the project area. This section is just over 316 lineal feet on both Siskiyou and Lithia Way. The fiscal costs of this section of roadway are insignificant, however the project does include new signals (2) and significant landscaping that would have become the City's responsibility anyway. Assuming the cost to maintain roadways are $4,000 per lane mile per year, this jurisdictional exchange results in 0.3 lane miles of roadway at a total cost of $1,200 annually. The maintenance costs are not likely to be needed for the first 8-10 years as this facility will have a 12-15 year life with the new pavement overlay.
Background:	Similar to the discussion regarding Siskiyou Boulevard (Highway 99), the OTIA project extends the boundaries of the City's project to include the intersection of Third / Gresham and E. Main and Lithia Way to Third Street. This intersection will become the City's responsibility and 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. With each OTIA project, jurisdictional exchange was required. If the City does not accept ownership, then the project will not be funded by ODOT.

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RESOLUTION NO. 2002-

A RESOLUTION AUTHORIZING AGREEMENT NO. 725-
ABANDONMENT AGREEMENT SISKIYOU BOULEVARD AT LITHIA
WAY AND E. MAIN STREET ROGUE VALLEY HIGHWAY NO. 63
(OR99) MP 19.52 TO 19.46 (TO THE CITY) CITY OF ASHLAND WITH
THE OREGON DEPARTMENT OF TRANSPORTATION (ODOT)

THE CITY OF ASHLAND RESOLVES AS FOLLOWS:

SECTION 1. Agreement No. 725 - Abandonment Agreement Siskiyou Boulevard at Lithia Way and E. Main Street Rogue Valley Highway No. 63 (OR99) MP 19.52 to 19.46 (to the City) between the City of Ashland and the Oregon Department of Transportation (ODOT) provides for the jurisdictional exchange of Highway 99 between Third Street and E. Main and Third Street and Lithia Way to Siskiyou Boulevard and generally Fourth Street.

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

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

SIGNED and APPROVED this day of July, 2002.
Alan DeBoer, Mayor

Reviewed as to form:
Paul Nolte, City Attorney

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June 24, 2002  
Abandonment & Retention Agreement No. 725  Key No. 12382

ABANDONMENT AGREEMENT
Siskiyou Boulevard at Lithia Way and E. Main Street
Rogue Valley Highway No. 63 (OR 99) MP 19.52 to 19.46 (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 Highway No. 63 is a State Highway under the jurisdiction and control of State. Rogue Valley Highway is also designated as State Route OR 99.

2. By the authority granted in ORS 366.770 and 366.775, State may enter into cooperative agreements with the counties and cities for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties.

3. Pursuant to ORS 373.010, whenever a State highway passes through the corporate limits of any city, State may locate, relocate, reroute, alter, or change any State highway when in its opinion the interests of the motoring public will be better served.

4. 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.

5. Under the provisions of ORS 366.300, State and City may enter into agreements for the disposition of a section of any state highway that may be eliminated from the State highway system by reason of relocation or realignment of the highway where the section to be eliminated is needed for the service of a community served thereby.

6. The State maintains a State Route system to assist the motoring public in their travels. Designated routes may be composed of both State highways and Local roads. Designation and elimination of State Routes are under authority of the Oregon Transportation Commission

7. By agreement between the City and State, it is possible to eliminate from the state highway system a portion of the Rogue Valley Highway No. 63, and to transfer jurisdiction from State to City, Unit 1 for the service of persons living thereon or for a community served thereby. It is the purpose and plan of the parties hereto that Unit 1 be eliminated as a portion of the Rogue Valley Highway No. 63 and the state highway system; that the unit pass to and vest in City; and that City maintain the unit as a part of its city road system as long as needed for the service of persons living thereon or a community served thereby. This section of roadway shall retain the State Route OR 99 designation.

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 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 Unit 1 of Rogue Valley Highway No. 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.

3. This agreement 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.

4. In recognition of the benefits to the motoring public, this section of roadway will retain the State Route OR 99 designation.

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 in the Unit, 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 No. 63, as presently located, beginning on East Main Street at M.P. 19.52; thence Northwesterly on East Main Street to its intersection with the Northwesterly curb line of North 3RD Street at M.P. 19.46. ALSO beginning on East Main Street at M.P. 19.52; thence Northwesterly on Lithia Way to its intersection with the Northwesterly curb line of North 3RD Street at M.P. 19.46 and lying in Section 9, Township 39 South, Range 1 East, W.M., Jackson County, Oregon.

Any right-of-way being transferred in which State has any title shall be vested in City solong 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.

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 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 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.

2. 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.

3. 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.

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 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 State fails to correct such failures within 10 days or such longer period as State 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.

Any termination of this agreement shall not prejudice any rights or obligations accrued to the parties prior to termination.

5. If City fails to maintain facilities in accordance with the terms of this agreement, State, at its option, may maintain the facility and bill City, seek an injunction to enforce the duties and obligations of this agreement or take any other action allowed by law.

6. 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.

7. 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.

IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written.

The Director on January 31, 2002, approved Subdelegation Order No. 2, which grants authority to the Deputy Director for the Oregon Transportation Investment Act to approve and execute agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program, in the Oregon Transportation Investment Act project list, or in the approved biennial budget.

Pursuant to a Letter of Authority dated February 22, 2002, the Technical Services Manager/Chief Engineer authorized the Right of Way Manager to approve and execute agreements abandoning -owned right of way when the property is not required for future State use.

CITY OF ASHLAND, by and STATE OF OREGON, by and through through its City Officials its Department of Transportation

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