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Home My WebLink Aboutbocc.con.126.1996 �.T.•. . . . , . � ' 1 Exhibit A � ; � . C-ac�-I�� zF�. INTERGOVERNMENTAL AGREEMENT BETWEEN � `'- THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY ; .� AND THC TOWN OF BASALT 1. PAR [ � , � . THIS INTERGOVERNMENTAL AGREEMENT(the"Agreement'�is made this ��day of I�e1J, 1996 by and between the BOARD OF COUNTY COMMISSIONERS OF PITKIN COLJNTY(hereinafter referred to as"County"),and the TOWN OF BASALT(hereinafter referzed to as"Town"). The County and town are °' � sometimes hereinafter collectively referred to as the"Governments". " . AUTHORITY ' This Agreement is entered into,9titer alj�,pursuant to C.R.S.29-1-201 gt�g�„and Article XIV,Section 10 of the Colorado Constitutioi�. RF_CITALS WHEREAS the Govenunents are duly constituted governmentai entities governed by ' Boazds or Councils elected by qualified electors of the county and town mentioned above, all o£which are located in Colorado;and WHEREAS,the purpose of this Agreement is to set fortli the respective responsibilities and obligations of the Governments regarding land iue planning in the vicinity of the Town. The Governments'agreement on planning and land use issues of mutual concern, �` within the urban growth boundaries of the Town and in unincorporated areas of Pitkin County,wil!sarisfy the interest of the Governments to promote the orderly development of the Town and its environs,including the preservation of open space and agricultural land,all of which will be of benefit to the public;and VJHEREAS,the governments initiated in 1995 a joint planning effoR,the Basalt Three Mile Plan,funded,in part,by the County and the Town and wish to begin the implementation phase of that Plan,which cails far the exploration and formalization of common understandings regazding land use;attd WHEREAS,the Govermnents have had preliminary public discussions regarding joint pianning efforts and have concluded that they will explore such efforts through the evolution of an Intergovernmental Agreement;and - WHEREAS,tiie Board and Commission of the tespective Governments aze authorized to execute this Agreement on behaif of the Governments;and WHEREAS,tl�e Governments have determined it is in the best interests of the citizens of `. Pitkin County and tl�e Town of Basalt to enter into this Agreement. I � (:�� - F ,.,. � ' r e ' .:.' Etry�.. t';�':..,i:��' , . , .`;r . AGREEMENT , - NOW,THEREFORE,for and in consideration of the mutual covenants and agreements ~: of the parties and other good and valuable consideration,the adequacy and sufficiency of ' ':.•;; which is hereby acknowledged,the parties agree as fotlows: '. 1. Joint Planning i � a. The County will express its support for the Basalt Three Mile Plan,as adopted by the Town,through a resolution adopting the Three Mile Plan,or by establishing such plan � r. as a component of the update of the County Down Valley Plan,or by some other . appropriate official measure. Such expressions of support will include suggested . amendments or revisions. b. The initial phase(inventory and mapping)of the update of the County Down Valley Plan will commence iii 1996 in coordination with the activities of the Agriculture Committee. � t;. c. The County will pursue an update of the Down Valley Plan and will establish a ` work plan and schedule for timely compietion of said Plan. The work plan and schedule ' will be produced by the County in cooperation with the Town within one month of the � execution of this Agreement. � d. The Town will appoint a staff representative to the couuty group responsible for r the update of the County Down Valley Plan. The town representative will attend staff and public meetings convened by the County for the purpose of updating the Down Valley Plan and will be considered,in all respects,a fully participating staff inember of tlie county group. The staff representative of the Town will keep the Town Board infonned about the Down Valley 9 Plan and will be responsible for facilitating two way communication between the County and the Town regarding the Plan. Additionally,the town staff person will be a �• Town/County liaison,expected to be familiar with the points of view and objectives of the County in planning matters pclssibly affecting Basalt and will be responsible for communicating,as appropriate,such views and objectives to the staffand elected officials of the Town. e. The County will designate a county staff person to be the county liaison to the Town regarding planning matters. Said person will be familiar with the points of view of the _ Town in planning matters possibly afFecting the County and will be responsible for � communicating,as appropriate,such views and objectives to the staff and elected , officials of the Counry. £ The Town will appoint a representative to the Agriculture Committee,who will ` attend the meetings of that Committee. The County will promptly provide to the Town , i, 2 � :�.�ri.. . `". . � ' � . a ..i w � .. .i�..: ....�. ��,;' .. . �•��. �'.' ". • . .• �'•T� . � . ...lbY.�:rlk.4i...�.]nil.wM7/I.'7�Kla'!:t:.�1Jf+".�Y"91.�4Mk4]Y4�� ' f. ��, 1';a•�I '.r�.'�•,�_' `; records of the previous meetings of the Committee so that the Town representative will "��- `•> be knowledgeable of tlie work and proceedings of tlie Committee to date. •�`� .Y'..' '- . � 2. Joint Revie�v � l `: a. The Govemments will formalize the existing referral process. Such formalization will include articulation of referral criteria and identification of specific individuals or positions to receive referrals and their reply responsibilities,including timeliness. Such . process will be established by mutual written agreement at the staff level no later than � . � ; November 30,1996. Formalizing the Agreement will require elected official approval ;�i � - 1nd may be incorporated in a subsequent IGA. Y� . b. The Governments'staff will consider and eva[uate the desirability and practicality of inte�rating the membership of their respective Planning and Zoning Commissions for tl�ose projects and functions of muh�al concern,perhaps defined geographically. A report '!-r from the joint staff effort will be submitted to the County Manager and to the Town � Administrator no later than March 1,1997. ��"�' � 3. Trs►nsfer of Development Rights � � - a. The Three Mile Plan envisions the institutionalization of the Transfer of � Development Rights as a helpful tool in tlie preservation of open space as well as in the realiza6on to a property owner of development value residual in agricultural or undeveloped land. The Governments will explore the development of joint policies and procedures regarding tlie Transfer of Development Rights. Staffs of the Govetnments will prepare proposals for work session comment by tUe Governments by April 1,1997. b. Transfer of Development Rights policies and procedures will be developed considering concepts presented in the Three Mile Plan,but may include other concepts. Draft amendments to the Tl�ree Mile Plan may be developed as pazt of the policies and T ' . procedures. c. Tl�e locations of areas sending and receiving development rights will be identified. The County recognizes that the Tovv�i will be cautious about the Mid-vafley becoming a receiving area for sending locations outside the Mid-valley area. i d. The Town of Basalt recognizes tl�at Pitkin County desires the transfer of development � riglits from outlying locations,including the upper Fryingpan Valley to the urban areas in �% and around the Town of Basalt. ��. �, 4. Miscellaneous ;i a. A joint work group will consider the desirability of common zoning standards, � "'-__ common development standards and standards of concurrence in specific areas near the i ,� 3 � , !.� . • � ., . � .a . ,, _tii,.._: r n :.�'� . . ....... .. . . . . . . . . .. �t:.�t},i 3:: N`i:- i-�� ,, F� �i� Town. An initial work group meeting will be held not later than April I5, 1997 to ' �' determitte f►n appropriate time line and work schedule. : ., i. b, A joint work groap,which may be the same as 4a above,will consider the ' possible utility and practicality of employing indicators of sustainability and concepts of '• '_ cartying capacity in the joi2rt planning and review procedures of the governments as part of the process of updating the Down Valley Plan. ; c. The Governments recognize that this Agreemenf is procedural and exploratory. It is intended to establish a basis of understandings and to be superseded by an agreement r � embodying substantive,definitive and comprehensive descriptions of responsibifities and • obligations of tUe parties,inctuding systems and procedures to be established and - maintained. It is anticipated that a second generation agreement,if mutuaily desired,wit! � be completed no later than October of 1997,with a first draft of such agreement to be produced for joint consideration no later than September 1,1997. Such an agreement may incorpora'te results of the iaquiries,studies,reports and findings which may emerge ' from tl�e work defined in tliis Agreement. d. In recognition of the priority the Govemments place on the.successful accomplishment of this Agreement,each entity specificaliy directs staff participation at ' joint staff ineetings of riva hours duration to be l�e1d twice monthly.Such meetings will be held at times of mutual convenience and location commencing the&rst week of November. 5. Modification. This Agreement may be changed or modified oniy in writing by aa agreement approved by the respective Boards of tl�e Governments,and signed by � - authorized officers of each party. G. Severability. Should any one or more sections or provisions of this Agreement be judicially adjudged invalid or unenforceable,such judgment shali not affect,impair,ar invalidate the remaining provisioizs of this Agreement,the intention being that the various sections and provisions hereof are sevetable. 7. Notices. Aiiy notice required or permitted uttder this Agreement shall be in writing and shall be hand delivered or sent by registered or certified regulaz mai1,postage prepaid,to the addresses of the parties herein seY forth. Al!notices so given shall be considered effective 72 hours after deposit in the United States mail with the proper addresses as set forth below. Either party by notice sent pursuant to this paragraph may cl�ange the address to which future notices shall be sent, • ; Notice to the Town: Town of Basalf c/o Town Administrator 101 Midland Avenue . Basalt,CO 81G21 i P 4 ;}� � �r•,�_.. - , n . , ,� ��;�� , h,�c i.: u��:Y� ��, SV•. Notice to County: Pitkin County Boazd of County Commissioners - " do Pitkin County ivlanager ':r•;= `,, 530 East Main Street-3rd Floor ' • .~� Aspen,CO 816ll :'� ''..:. . The foregoing Ageement is approved by the Board of Counry Commissioners of �� Pitkin County at its regulaz meeting held on the '1- �day of �L ,1996 and b the Boazd of Trustees of the Town of Basalt at a regulaz ':!''.'� meeting held on the�day ofg�1996. �,.:,';,r.�'< 'k'.: BOARD OF COUNTY COMMISSIONERS ;�., _ • PITKIN COUNTY,COLORADO ''�'� . BY 'rman �� ;�,;` A ST: Ia`syg�O :;:: ��rc.J /�plo�tuvzn 13Y � G � ` ��. .:;:r . � y. � ;+ , �•��.•• ' TOWN OF BASALT,COLORADO ' ��"�,,.•Q�N Op 'i - ;f" .•�� ,�. o,� { . ' tr'• . � :r- By ��i�4� _ �:. ►� �-i Mayor 'a. - ' ��'• �'n •:� ,�� , , •�.�... C erk 5r 4y U . � � � :�� :, 't ,�. . • ��: ��/Y �� - +J. :k�� :, 5 ,..a� . . i�, . r a . .S' • .y._. �:'� - �,,i