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RESOLUTION NO. 64 <br /> SERIES 2012 <br /> A RESOLUTION APPROVING THE CDOT US 36 MANAGED LANE PROJECT — <br /> PHASE II UTILITY RELOCATION AGREEMENT <br /> WHEREAS, the Colorado Department of Transportation ("CDOT") and the Colorado High <br /> Performance Transportation Enterprise ("HPTE"), a government-owned business within CDOT, are <br /> undertaking to construct, design, build, operate, maintain and finance the project identified as the <br /> US 36 Managed Lane Project — Phase II ("Project"), which will require certain utility relocation <br /> work; and <br /> WHEREAS,the City, CDOT and HPTE recognize that increased coordination among them <br /> regarding Project utility relocation work, and prompt performance of such work within an adopted <br /> plan schedule, is in the public interest and will reduce delays and costs of construction for all <br /> parties; and <br /> WHEREAS, to accomplish such purpose, there has been proposed among the City, CDOT <br /> and HPTE a Utility Relocation Agreement which provides for the scheduling and timely <br /> performance of the Project construction and utility relocation work necessitated by construction of <br /> the Project; and <br /> WHEREAS, the City is authorized by law to enter into the Utility Relocation Agreement, <br /> and the City Council finds and determines that execution of such Agreement in the best interest of <br /> the City and its citizens; <br /> NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br /> OF LOUISVILLE, COLORADO: <br /> 1. The City Council hereby approves that certain CDOT US 36 Managed Lane Project <br /> — Phase II Utility Relocation Agreement among the City of Louisville, the Colorado Department of <br /> Transportation, and the Colorado High Performance Transportation Enterprise (the "Agreement"), <br /> in substantially the same form as the copy of such Agreement accompanying this Resolution. <br /> 2. The Mayor is hereby authorized to execute the Agreement on behalf of the City <br /> Council of the City of Louisville, except that the Mayor is hereby further authorized to negotiate <br /> and approve such revisions to the Agreement as the Mayor determines are necessary or desirable for <br /> the protection of the City, so long as the essential terms and conditions of the Agreement are not <br /> altered. <br /> 3. The Mayor, City Manager, City Clerk, Director of Public Works and City staff are <br /> hereby authorized and directed to execute all documents and do all other things necessary on behalf <br /> Resolution No. 64, Series 2012 <br /> Page 1 of 2 <br />