File #: ID-402-18    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 11/21/2018 In control: City Council
On agenda: 12/4/2018 Final action:
Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, APPROVING THE THIRD AMENDED AND RESTATED ESTABLISHING CONTRACT FOR THE E-470 PUBLIC HIGHWAY AUTHORITY AND AUTHORIZING THE MAYOR TO SIGN THE SAME ON BEHALF OF THE CITY
Attachments: 1. Draft City Council Resolution, 2. Proposed Third Amended and Restated Establishing Contract, 3. Exhibit A to the Third Amended and Restated Establishing Contract, 4. Appendix A - Third Amendment (1989), 5. Appendix B - Fourth Amendment (1989), 6. Appendix C - Fifth Amendment (1990), 7. Appendix D to the Third Amended and Restated Establishing Contract, 8. Draft City Staff PowerPoint, 9. 402-18 PPT

Department of Community Development
Reference: Third Amended and Restated Contract for the E-470 Public Highway Authority

To: Mayor Kenneth J. Kreutzer and Members of City Council
Through: Philip A. Rodriguez, City Manager
Marv Falconburg, AICP, Assistant City Manager
Holly Prather, AICP, Community Development Director
Prepared By: Mike Tylka, AICP, Senior Planner
Date Prepared: November 20, 2018
PURPOSE
City staff requests that City Council approve the Third Amended and Restated Contract for the E-470 Public Highway Authority ("Contract"). City Council has the authority to authorize the Mayor to execute said Contract on behalf of the City via Resolution.

STRATEGIC FOCUS AREAS
1. Supportive, Sustainable Infrastructure
2. Strong Regional Relationships and Partnerships

BACKGROUND
The E-470 Public Highway Authority ("Authority") was created by the Establishing Contract for the Authority, dated January 13, 1988, by and among Adams County, Arapahoe County and Douglas County, and, by amendments to the Establishing Contract, the City of Aurora, the Town of Parker, the City of Thornton, the City of Brighton, and the City of Commerce City (the "Governmental Units"), to finance, construct, operate, or maintain E-470. The boundary of the Authority was set as following the proposed alignment and one and one-half miles on either side of that alignment.

CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
The execution of the Establishing Contract by the Governmental Units is permitted by Article XIV, Section 18(2) of the Colorado Constitution, Part 2 of Article 1, Title 29, C.R.S. and by the Public Highway Authority Law in Part 5 of Article 4, Title 43, C.R.S.

SUMMARY OF FINDINGS / STAFF ANALYSIS
The proposed amendment ("Amended and Restated Contract") expands the jurisdiction of the Authority to plan, design, construct, and maintain public highways both inside and outside of the established boundary of E-470. A public highway ...

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