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• 0 <br />* 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 Supervisorim <br />Subject: Bike Path Intereovernmenta' 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 andi 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 struciures, 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 />Johnny Medlin <br />