HomeMy WebLinkAboutbocc.ord.051.1998AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AMENDING ORDINANCE NO. 98-37
AUTHORIZING A CONVEYANCE OF THE EMMA BRIDGE TO THE TOWN
OF BASALT AND THE ENTRY OF AN INTERGOVERNMENTAL
AGREEMENT CONCERNING THIS CONVEYANCE.
Ordinance No. 98-S
Recitals
1. Pitkin County enacted Ordinance No. 98-37 by approval on second
reading on September 9, 1998, which Ordinance approved various conveyances and the
entry of an Intergovemmental Agreement with the Town of Basalt.
2. Subsequent to the approval of that Ordinance, the Town of Basalt notified
Pitkin County that it wished to change certain terms of the Intergovernment Agreement.
Basalt did not sign the Intergovemmental Agreement approved by Ordinance No. 98-37.
3. Pitkin County is willing to accept the proposed changes by the Town of
Basalt and an Intergovernmental Agreement incorporating such changes is attached
hereto as Exhibit A and incorporated by this reference.
NOW THEREFORE, be it ordained by the Board of County Commissioners of
Pitkin County, Colorado that the Board of County Commissioners does hereby authorize
the Chair to sign an Intergovernmental Agreement with the Town of Basalt in
substantially the terms set forth on Exhibit A and to execute such other documents as
may be necessary to finalize the transaction. Except as revised in this Ordinance,
Ordinance 98-37 remains in full force and effect.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON
THE 14th DAY OF OCTOBER, 1998.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND
EDITION OF THE ASPEN TIMES ON 17TH DAY OF OCTOBER, 1998.
APPROVED UPON SECOND READING AND PUBLIC HEARING ON
THE 28TH DAY OF OCTOBER, 1998.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE 7TH DAY OF NOVEMBER, 1998.
This Ordinance shall become effective thirty (30) clays after publication
following final adoption by the Board.
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Ordinance # 98 -
Page 2
ATTEST:
Je iette Jones
D uty Clerk
/a-9Y
APPROVED AS TO FORM:
Deborah Quinn
Assistant County Attorney
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BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
;l
Dorothea Farris
Chair
Date: //" a— 9r
Koncl>lan
Manager
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INTERGOVERNMENTAL AGREEMENT
THIS INTER OVERN ENTAL AGREEMENT (the "Agreement") is made this
day of , 1998 by and between the Board of County
Commissioners of itkin County, Colorado, whose address is 530 East Main Street,
Aspen, Colorado ("the County") and the Town of Basalt, Colorado ("Basalt"), whose
address is 101 Midland Avenue, Basalt, Colorado. The County and Basalt are sometimes
collectively referred to as the "Governments."
RECITALS
1. This Agreement is entered into pursuant to, inter alia, C.R.S. §29-1-201, et
seq. and Article XIV, Section 10 of the Colorado Constitution.
2. The Governments are duly constituted governmental entities, governed by
Boards or Councils elected by qualified electors of the County and Town mentioned
above, both of which are located in Colorado.
3. The purpose of this Agreement is to set forth the respective responsibilities
and obligations of the Governments relating to the transfer and conveyance of the old
Emma Bridge and that portion of the old Emma Road within Pitkin County, also known as
County Road No. 2, also known as Basalt Avenue, from its intersection with Two Rivers
Road to its intersection with the Colorado Department of Transportation Highway 82 Right -
of -Way.
4. Pitkin County has agreed to fund $85,000 to Basalt for the replacement for
the Emma Bridge, to be paid to Basalt upon its taking possession of the Emma Bridge.
5. The County and Basalt have agreed that the Town will accept conveyance of
the Bridge by a Quit Claim Deed in the form attached hereto as Exhibit A and incorporated
by this reference.
6. The County has authorized a total expenditure of $350,000 out of its
Highway 82 Use Tax revenues for the round -about and slip lane project. Pursuant to an
oral understanding between the County and Basalt, $175,000 of the funding is to be paid
in 1998, an additional $175,000 of the funding is to be paid in 1999. The terms and
conditions of such payments are set forth in this Agreement.
7. The terms and conditions for the Emma Bridge funding are set forth in the
Memorandum of Understanding dated November 21, 1997 between the County and
Basalt ("Emma Bridge MOU").
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8. The Governments are authorized to enter into this Agreement, and have
determined it is in the best interests of the citizens of Pitkin County and the Town of Basalt
to enter into this Agreement.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual promises and
agreements of the parties and other good and valuable consideration, the adequacy and
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Emma Bridge Project. The County shall fund the remaining $85,000 of
money it pledged for the Emma Bridge project, immediately upon Basalt's acceptance of
the Quit Claim Deed for the conveyance of the Emma Bridge to Basalt. Basalt agrees to
comply with all provisions of the State Bridge Grant and all other obligations of the Emma
Bridge MOU.
2. Round -about / Slip Lane Proiect:
A. Basalt shall:
(1) complete construction of the round -about and related
pedestrian bus stop and traffic improvements in 1998, and submit a
payment request to the County (attention of the County Engineer)
with copies of itemized bills for that work.
(2) build a westbound slip lane from Emma Road to Highway 82 in
1999 and submit a payment request to the County (attention of the
County Engineer) with copies of itemized bills received for all such
work.
B. The County shall:
(1) promptly review the itemized bills for the round -about work and
associated improvements. Payment to Basalt shall occur following
approval of the bills and payment request from Basalt by the County
Engineer.
(2) to the extent that the round -about and associated
improvements exceed $175,000, payment for amounts in excess of
$175,000, but less than $350,000, shall be made in the first quarter of
1999, after approval of the payment request by the County Engineer.
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(3) cooperate in good faith with Basalt to provide information to
Basalt concerning the status of the referenced portion of Basalt
Avenue as a public road. Such information shall include any Highway
User Tax Fund requests relating to that road, copies of maps
depicting the road, copies of deeds referring to the road, and such
other information as the County might have concerning its status as a
public highway pursuant to C.R.S. §43-2-201(1)(a) and/or (c). Such
information shall be provided to Basalt by the County Engineer no
later than December 31, 1998.
3. Future Agreement. Basalt and the County agree that prior to the County's
funding the slip lane project in 1999, Basalt and the County shall negotiate and agree
upon an amendment to this Intergovernmental Agreement which addresses the
conveyance and/or annexation of Basalt Avenue south of the Basalt Avenue Bridge to the
Highway 82 Right -of -Way, the annexation of the Roaring Fork Mobile Home Park and
addresses the approval by Basalt and the County of development and land use changes
within three (3) miles of the Town of Basalt.
4. Modification. This Agreement may be changed or modified only in writing by
an Agreement approved by the respective Boards of the Governments and signed by
authorized officers of each party.
•
5. Severability. Should any one or more sections or provisions of this
Agreement be judicially adjudged invalid or unenforceable, such judgment shall not affect,
impair or invalidate the remaining provisions of this Agreement, the intention being that the
various sections and provisions hereof are severable.
6. Notices. Any notice required or permitted under this Agreement shall be in
writing and shall be hand delivered or sent by registered or certified regular mail, postage
pre -paid to the addresses of the parties as follows. Either party by notice sent under this
paragraph may change the address to which future notices should be sent.
Notice to Town of Basalt:
Notice to Pitkin County:
Town of Basalt
c/o Town Administrator
101 Midland Avenue
Basalt, CO 81621
Pitkin County Board of County Commissioners
c/o Pitkin County Manager
530 East Main Street - Third Floor
Aspen, CO 81611
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The foregoing Agreement is approved by the Board of County Co
County at its regular meeting held on the St°' day of
and by the Board of Trustees of the Town of Basalt at a regular
�3 day of OCf bfr , 1998.
BOARD OF COUNTY COMMISSIONERS, ATTEST:
PITKIN COUNTY, COLORADO
By:
orothea Farris, Chair //-2 - fr
TOWN OF BASALT, COLORADO
By:
ATT
�mis�oners of Pitkin
IT , 1998
meeting held on the
ette Jones, Duty Clerk
T:
ichard P. Stevens, Mayor amela K. Schilling, Town
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OUITCLAIM DEED
THIS DEED made this 990,
ohot day of -t998; S�tit3 e/L, between the
Board of County Commissioners of Pitkin County, Colorado, a Colorado Home Rule
County ("Grantor"), whose legal address is 506 East Main, Aspen, Colorado 81611, and
the Town of Basalt, Colorado, a municipal corporation ("Grantee"), whose legal address
is 101 Midland Avenue, Basalt, Colorado 81621.
WTTNESSETH, that the Grantor, for mutual consideration, the receipt and
sufficiency of which is hereby acknowledged, has remised, released, sold, and
quitclaimed, and by these presents does remise, release, sell, and quitclaim unto the
Grantee, its successor and assigns, forever, all the right, title, interest, claim, and demand
which the Grantor has in and to the real property, together with improvements, if any,
situate, lying, and being in the County of Pitkin and the State of Colorado, described as
follows:
The Emma Bridge, PIT-002-00.1.
TO HAVE AND TO HOLD the same, together with all and singular the
appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,
and all the estate, right, title, interest, and claim whatsoever, of the Grantor, either in law
or equity, to the only proper use, benefit and behoof of the Grantee, its successors and
assigns, forever.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set
forth above.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
BY: //!/2asv��•
Dorothea Farris, Chair
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STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
Ni
aQ Thy foregoing instrument was acknowledged before methis � day of
1998 by Dorothea Farris, Chair of the Board
of County Commissioners
Pitkin County, Colorado.
Witness my hand and official seal.
My commissioner expires: /J —0 /" L Utz /
STATE OF COLORADO )
ss.
COUNTY OF PITKIN
Accepted by:
TOWN OF BASALT, COLORADO
By:
Theforegoinginstrup en was ac nowledged before me this C�3 day of
, 1998 by 4 iCi10. d Y S �1 II irU , ii') L)(lJ Mt of the Town of
Basalt; Colorado.
Witness my hand and official seal.
My commissioner expires:
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