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Memorandum Date: January 14, 2019 Order Date: February 5, 2019 TO Memorandum Date: January 14, 2019 Order Date: February 5, 2019 TO: Board of County Commissioners DEPARTMENT: Public Works/Engineering and Construction Services/Transportation Planning PRESENTED BY: Peggy Keppler, County Engineer AGENDA ITEM TITLE: ORDER I IN THE MATTER OF APPROVING THE JURISDICTIONAL TRANSFER OF TERRITORIAL HIGHWAY (OREGON ROUTE 200) FROM ODOT TO LANE COUNTY, AND GRANTING AUTHORITY TO THE COUNTY ADMINISTRATOR TO EXECUTE THE JURISDICTIONAL TRANSFER AGREEMENT. I. MOTION Move to approve the Order as outlined below. II. AGENDA ITEM SUMMARY The Board is being asked to approve an ODOT Jurisdictional Transfer Agreement No. 828 (Attachment A), for Territorial Highway (OR 200) from Mile Point 2.03 to Mile Point 42.08. The roadway is proposed to be transferred from Oregon Department of Transportation (ODOT) jurisdiction to Lane County jurisdiction. The Board is also being asked to authorize the County Administrator to execute Jurisdictional Transfer Agreement No. 828, hereinafter referred to as "Agreement" and accept "Jurisdictional Transfer & Quitclaim of Active Right of Way" as provided in Exhibit F of the Agreement. III. BACKGROUND/IMPLICATIONS OF ACTION A Board Action and Other History Lane County and ODOT staff has been in discussions to transfer jurisdiction of two sections of the Springfield-Creswell Highway (OR 222), and Territorial Highway (OR 200) to Lane County. In addition, Lane County proposes to transfer jurisdiction of Delta Highway, County Road No. 1354, to ODOT. Separate agreements are being prepared for each transfer, and as of this date, only the Page I of 5 agreement for the transfer of the Springfield-Creswell Highway has been executed. At this time, the Board is being asked to grant signing authority to the County Administrator for the Territorial Highway, Agreement No. 828, which approves the transfer and acceptance of the Territorial Highway only. The section of the Territorial Highway to be transferred is described and depicted as Unit A on page 14 of the Agreement. This section of highway lies between the Benton County and Douglas County boundaries at approximate mileposts 2.03 to 42.08. At the n01thern end, Territorial Highway crosses Ferguson Road near Junction City. At the southern end TetTitorial Highway crosses Gowdyville Road near Lorane. Under the provisions of ORS 366.290(3), upon Board approval of the Agreement, roadways automatically become county roads, and the construction, repair, maintenance or improvement, and jurisdiction over the roadways shall be vested to Lane County in the phases agreed to in said Agreement. A brief summary of the more important terms of the Agreement are listed below. For a complete list of obligations by both parties, please refer to the Agreement, Attachment A of this Order: Lane County will accept jurisdiction and maintenance responsibilities of Unit A, as described on page 14 of the Agreement, including all traffic signals, illumination, signs, and other appurtenances as part of its county road system. ODOT shall construct missing curb ramps and upgrade non-compliant curb ramps along Unit A at the locations identified in Exhibit C of the Agreement at State cost prior to January 1, 2033 as described in State Obligations, paragraph 3 of the Agreement. State Bridge 04037, State Bridge 04042, State Bridge 04049, State Bridge 04050A, State Bridge 01699A, State Bridge Ol 700A, State Bridge 07271, and State Bridge 04059 shall be eliminated from the state highway system at the time the state replaces or repairs each respective bridge to a condition described in State Obligations, paragraph 4 of the Agreement. At the time of replacement or repair, jurisdiction of the bridge shall pass to and vest to Lane County and Lane County shall control, operate, and maintain the bridge as a part of its county road system. ODOT shall maintain all highway appurtenances within OR 200 right of way between mile points 2.03 and 19.49 until July 1, 2022, as described in State Obligations, paragraph 5 of the Agreement. ODOT shall maintain all highway appurtenances within OR 200 right of way between mile points 19.49 and 32.06 until July 1, 2024, as described in State Obligations, paragraph 6 of the Agreement. Page2 of5 County shall perform routine highway maintenance and incident response of State Bridge number 04059 upon the effective date of the OTC resolution; of State Bridge numbers 04037, 04042, 04049, 04050A, 01699A, and Ol 700A after July I, 2022; and of State Bridge 07271 after July I, 2024. Said routine maintenance includes: patching, sweeping, striping, guardrail repair, winter operation activities, hazardous material spills, and incident response, as described in County Obligations, item 2 of the Agreement. B. Policy Issues By the authority granted in Oregon Revised Statute (ORS) 366.395, 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. By the authority granted in ORS 190.110, 366.572 and 366.576, State may enter into cooperative agreements with counties, cities, and units of local governments for the performance of work on ce1tain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting patties. Under the provisions of ORS 366.290(3) with the written consent of the county in which a particular highway or part hereof is located, the State may, when in its opinion the interest of the State will be best served, eliminate from the state highway system any bridge, road, or highway or pmt thereo[ Thereafter the bridge, road, or highway or pmt thereof eliminated shall become a county road, highway, or bridge, and the construction, repair, maintenance or improvement, and jurisdiction over such highway shall be exclusively under the county in which such road, highway or bridge is located. C. Board Goals This action is consistent with Strategic Priorities 3 and 4, Robust Infrastructure and People and Paitnerships, as outlined below: I. Safe Transpmtation - Approving the Order is consistent with Strategic Priority 3 by enabling Lane County to provide Safe Transportation through road improvement projects along Territorial Highway and Springfield-Creswell Highway. 2. Partnerships - Lane County and ODOT staff have negotiated this Agreement and future agreements to the benefit of both parties. Lane County will benefit by receiving roads that are more in line with what a county road should be, while trading Delta Highway, a high speed/capacity freeway to ODOT. Page 3 of5 D. Financial and/or Resource Considerations Lane County and ODOT staff has agreed to a phased payment of$30,000,000 in state funds to be paid by the State for future costs of preservation, improvements, and maintenance of Springfield-Creswell Highway and Territorial Highway. The majority of the $30,000,000 will be spent on road improvements for Territorial Highway between Lorane Highway and Gillespie Corners. Payments shall be made as follows: • Jurisdictional Transfer Agreement No. 829, transferring ODOT's interest in the Springfield-Creswell Hwy to Lane County, was executed by both parties on September 26, 2018. The first installment of$5,000,000 is scheduled to be paid into the Road Fund in Fiscal Year (FY) 2019. • $20,000,000, available to be paid in FY 2022, contingent upon the recordings of the Transfer Documents for both Springfield-Creswell Highway and Territorial Highway. • $5,000,000, available for payment in FY2024, contingent upon the recordings of the Transfer Documents for both Springfield-Creswell Highway and Territorial Highway. • A one-time payment of $2,372,341.32 after the sections of Territorial Highway are eliminated from the state highway system, and recording of the Transfer Document in completed. In addition to the above payments, Delta Highway, County Road No. 1354, will be transferred to ODOT's jurisdiction under the terms of a separate agreement. Transfell'ing Delta Highway to the State will eliminate a high capacity road from the county road system, relieving Lane County of future maintenance costs. E. Health Implications Approving the Order will allow Lane County to use the majority of the state payments for a planned road improvement project along Territorial Highway which includes shoulder widening, off-road bicycle/pedestrian paths, and other road safety improvements, making a high volume road safer for motorists, bicycle enthusiasts, and pedestrians. F. Analysis Approving the Order and authorizing the County Administrator to execute the Agreement will allow Lane County and ODOT staff to complete the Agreement for the jurisdictional transfer of the Territorial Highway. Approving the Order will ensure that the payments negotiated by staff will be transferred to Lane Page4 of5 County in a timely manner. G. Alternatives/Options The Board of County Commissioners has the following options: 1. Approve the Order transferring jurisdiction of the Territorial Highway to Lane County and authorize the County Administrator to execute Jurisdictional Transfer Agreement No. 828. 2. Deny the Order and authorization. 3. Continue the matter for further discussion. IV. RECOMMENDATION Staff recommends the Board choose Option 1, approving the Order transferring jurisdiction of the Territorial Highway to Lane County and authorizing the County Administrator to execute Jurisdictional Transfer Agreement No. 828. V. TIMING/IMPLEMENTATION Timing is critical, as the Agreement must be signed by early February to ensure that the Agreement goes before the Oregon Transpo1tation Commission for approval at their Februmy 21, 2019 meeting. VI. FOLLOW-UP Upon approval by the Board, the County Administrator will execute the Agreement on behalf of Lane County and the Agreement will be forwarded to ODOT for final execution. Lane County and ODOT staff will continue to fmalize the Agreements for the jurisdictional transfer of Delta Highway to ODOT.
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