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2008-14

A RESOLUTION

AUTHORIZING THE CITY OF LAKEWOOD TO ENTER INTO THE WEST CORRIDOR INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE REGIONAL TRANSPORTATION DISTRICT

WHEREAS, local governments that will benefit from and be affected by construction of the Regional Transportation District's (RTD) West Corridor Light Rail Transit Project have agreed to contribute to the cost of the project; and,

WHEREAS, the total cost estimate for the project has increased from $511.8 million to $635 million due to worldwide increases in commodities prices for items such as steel, concrete and copper; and,

WHEREAS, the total local agency contribution to be paid by the City of Lakewood, the City of Golden, Jefferson County and the City and County of Denver is $15.9 million; and,

WHEREAS, RTD, the City of Lakewood, the City of Golden, Jefferson County and the City and County of Denver have agreed that $4.4 million of the local agency contribution will be credited "off the top" for South Platte drainage improvements that reduce RTD's bridge construction costs and remove the light rail tracks from the 100-year flood plain, leaving a total local agency contribution of $11.5 million; and,

WHEREAS, it has been further agreed among Lakewood, Golden, Jefferson County and Denver that Lakewood's share of the remaining $11.5 million will be $5.166 million; and,

WHEREAS, RTD and the City of Lakewood have agreed that any work performed by the City that reduces RTD's project cost will be credited against the City's local match; and,

WHEREAS, it has been agreed that Lakewood will satisfy its share of the local agency contribution by: relocating a sewer line in 13th Avenue; building drainage improvements in Richey Park; exercising Lakewood's agreements with utilities to relocate said utilities; receiving a credit for staff time incurred in reviewing plans, inspecting construction, performing signal work and other similar items; and payment from the Capital Improvement Fund in the time period from 2008 to 2013; and,

WHEREAS, RTD and Lakewood have agreed that the City's total contribution of $5.166 million is a cap and will not change regardless of whether the actual project cost changes over time; and,

WHEREAS, the money for Lakewood's share is available from the Lakewood Sewer Utility Fund, Urban Drainage and Flood Control District, Lakewood Stormwater Management Utility, utility agreements, Lakewood staff time and the Capital Improvement Fund; and,

WHEREAS, the Federal Transit Administration has required RTD as part of the Full Funding Grant Agreement application to provide copies of any intergovernmental agreements proving that Local Agency commitments have been met; and,

WHEREAS, Lakewood desires to contribute to upgraded drainage facilities at two locations on Dry Gulch.

NOW, THEREFORE, BE IT RESOLVED by the City Council of Lakewood, Colorado, that:

SECTION 1. The City Manager is hereby authorized to execute, and the City Clerk to attest, an intergovernmental agreement with the Regional Transportation District, in a form approved by the City Attorney, for the City of Lakewood's share of the local agency contribution for the West Corridor Light Rail project and for upgraded drainage facilities on Dry Gulch. The City of Lakewood's local agency contribution shall not exceed five million one hundred sixty-six thousand dollars ($5,166,000) in cash and in-kind services. The City of Lakewood contribution for upgraded drainage facilities shall be provided by making available a temporary construction easement or a monetary sum as described in Article 5.B.1 of the Intergovernmental Agreement.

SECTION 2. The City is hereby authorized to provide its share of the local agency contribution and upgraded drainage facilities to the Regional Transportation District in accordance with this Resolution and the terms of said intergovernmental agreement.

INTRODUCED, READ AND ADOPTED by a vote of 10 For and 1 Against at a regular meeting of the City Council on January 14, 2008, at 7 o'clock p.m. at Lakewood Civic Center South, 480 South Allison Parkway, Lakewood, Colorado.

Bob Murphy, Mayor

ATTEST:
Margy Greer, City Clerk

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