* MEMORANDUM * <br /> December 1, 1997 <br /> To: Bob Hammitt, Maintenance Director <br /> Chris Andersen, Public Works Director <br /> Vicki Elmer, City Manager <br /> From: Fred McVey, Maintenance Planning Supervisor g1Y1 <br /> Subject: Bike Path Intergovernmental Agreement with ODOT /EWEB <br /> This memo provides background information on the attached intergovernmental agreement for <br /> construction and maintenance of the bike path along Beltline Hwy., north and south of Barger <br /> Drive. This bike path was proposed during discussions of project scope between the City and <br /> ODOT for construction of the Barger /Beltline project. Given the scope of widening and <br /> alteration of Beltline and Barger, ODOT had inadequate space to construct the bike path within <br /> the Beltline right -of -way. EWEB owns an adjacent right -of -way for electric and water <br /> transmission lines. Because of existing and proposed future facilities EWEB was unable to give <br /> up any of their property as right -of -way for the bike path. Through this intergovernmental <br /> agreement the State is allowed to construct, and the City to operate, the bike path on EWEB <br /> property. <br /> Because of these rather unique conditions, a couple of provisions in the agreement may raise <br /> questions upon review. One such provision is that, because of EWEB plans to construct a water <br /> transmission line parallel to the bike path and because EWEB did not want to incur additional <br /> cost when using their property, the City is required to repair unavoidable damage to the path <br /> caused by EWEB construction of the water transmission line. We were able to balance this <br /> provision with one that requires EWEB to exercise reasonable care to avoid damage to the path. <br /> Another provision is that, even though ODOT maintains the sound wall structures, the City is <br /> required to provide graffiti removal on the sound wall adjacent to the bike path. The rationale for <br /> this requirement is that the City bike path increases access to the wall and may create a higher <br /> incidence of graffiti. <br /> Although the agreement contains a couple of provisions which increase the City's potential <br /> maintenance responsibilities, on the whole staff feel this is a reasonable agreement which <br /> involved compromise and accommodation from all three parties; the objective of providing a <br /> bicycle facility in conjunction with the project is met through the agreement. Please let me know <br /> of any questions or concerns with the agreement. <br /> cc: Les Lyle <br /> VJohnny Medlin <br />