HomeMy WebLinkAboutbocc.res.236.2002 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 480590
III IIII /2 i of 24 RESOLUTION #02�1 L
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A RESOLUTION OF THE BOARD OF COUNTY COMMISIONERS OF PITKIN
COUNTY, COLORADO AUTHORIZING PITKIN COUNTY TO ENTER INTO
AN ITERGOVERNMENTAL AGREEMENT WITH THE TOWN OF BASALT
REGARDING REFERRAL OF LAND USE DEVELOPMENT APPLICATIONS
AND JOINT PLANNING ACTIVITIES
RESOLUTION # 112_)
Recitals
I . There are currently two Basalt/Pitkin County Intrgovermenlal Agreements
(hereinafter referred to as "IGAs") in eikct:
■ fhe 1996 IGA (attached as kxhibit "B") addresses the need to lormalize land use
referrals between Basalt and Pitkin County.
■ ']'lie 1998 IGA (attached as Exhibit "C") addresses Pitkin County's funding of the
Basalt slip lane and round-about project out of Highway 82 Use Tax revenues, and
Pitkin County's granting of a quit claim deed for Basalt Avenue. The 1998 IGA
contains the following agreement:
"Basalt and the County agree that prior to the County's funding the slip lane project in 1999,
Basalt and the Countv shall negotiate and agree upon an amendment to this
Intergovernmental Agreement which addresses the conveyance and/or annexation of Basalt
,9venue south of the Basalt-1 venue 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 miles of the Town of Basalt. -
2. The attached IGA (Exhibit "A") addresses several requirements contained within
the above-referenced 1996 and 1998 IGAs.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO, that the BOCC and the
"Town of Basalt enter into an Intergovernmental Agreement for the purpose of facilitating
coordinated and cooperative planning and decision making with respect to future
development within the portions of Pitkin County located within the Three Mile Area
identified in the Town of Basalt Master Plan of 1999, and authorizes the Chair to execute
the attached Intergovernmental Agreement on behalf of Pitkin County.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON
THE 24"' DAY OF JULY,2002.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND
EDITION OF THE ASPEN TIMES ON THE 30TH DAY OF JULY, 2002.
CONTINUED SECOND READING AND PUBLIC HEARING ON THE
I4rn DAY OF AUGUST, 2002 TO THE 25M DAY OF SEPTEMBER, 2002.
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CONTINUED SECOND READING AND PUBLIC HEARING ON THE
25th DAY OF SEPTEMBER, 2002 TO THE 9"" DAY OF OCTOBER, 2002.
REVIEWED AT THIRD READING AND PUBLIC HEARING ON THE 4r"
DAY OF DECEMBER 2002.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND
----—
EDITION OF THE ASPEN "TIMES ON TIRE 23eo M
DAY O1� NOVEBER, 2002.
M'PROVED UPON T1111tD READING AND PUBLIC H EARING ON THE
4rn DAY OF DECEMBER, 2002.
PUBLISHED AFTER ADOPTIO"N THE/�WEEKEND EDITION OF THE
ASPEN TIMES ON THE J DAY OF �d 2002.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
anette Jones Patti Kay-Cla per
eputy Clerk Chairman
Date: I J 05 1 C2—
APPROVED AS TO FORM:
�a
John ,�.n Hilary Smith
ty Attorney � ` County Manager
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INTERGOVERNMENTAL AGREEMENT
BETWEEN PITKIN COUNTY AND THE TOWN OF BASALT
REGARDING REFERRAL OF LAND USE DEVELOPMENT APPLICATIONS
AND JOINT PLANNING ACTIVITIES
THIS AGREEMENT is entered into this J?t day of _Lu�_,
2002, by and between PITKIN COUNTY, COLORADO, a Home Rule County,
hereinafter referred to as the "County," and the TOWN OF BASALT,
COLORADO, a statutory municipality, hereinafter referred to as the "Town."
Together, the County and Town are referred to herein as the "Governments."
WHEREAS, the Town and County acknowledge that future development
within the portions of Pitkin County located within the Three Mile Planning Area
identified in the Town of Basalt Master Plan of 1999 could result in substantial
impacts, both positive and negative, within the County and the Town. The
necessity exists for coordinated and cooperative planning and decision making
with respect to such development between the County and the Town as well as
the establishment of evaluation, design and mitigation standards for both direct
and indirect on-site and off-site impacts of such development; and
WHEREAS, the parties desire to enter into this Agreement at this time in
order to ensure and define Town involvement in the review of those development
proposals subject to County review hereunder, and to ensure and define County
involvement in the event of proposed annexation by the Town of any part of the
Town's Three Mile Planning Area. When used herein, the term "development
proposals" means either an application for development, an application for
rezoning of parcels within this area, a text amendment affecting development in
the Three Mile Planning Area; and any County proposal for rezoning of parcels
with this area; and
WHEREAS, Sections 29-1-201 and 29-20-105, C.R.S., as amended, inter
alia, authorize local governments to cooperate and contract with other
governments for the purpose of planning and jointly regulating the development
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of land with the goal of avoiding duplication of services and providing for quality
development affecting the governments.
NOW, THEREFORE, in consideration of the obligations, covenants and terms
expressed herein, the parties agree as follows:
1. Purpose and Intent
Of fundamental importance to the citizens of both the County and the
Town is the assurance that decisions of the County or the Town, in the event of
annexation, relating to the use of land within this area are made in a manner and
in accordance with a process which recognizes the need and right of all
interested parties to have a reasonable opportunity for participation in the
decision-making process. Although all such decisions must be consistent with
the Pitkin County Land Use Code, or, in the event of annexation, the state
annexation statutes and the Town of Basalt Municipal Code, the Town and the
County acknowledge that proposed uses necessarily involve direct and indirect
on-site and off-site impacts on the County and the Town. To that end, the
purpose and intent of this Agreement is to facilitate the cooperation between the
Governments to ensure that any development subject to a coordinated review
under this Agreement is undertaken in an orderly and efficient manner, fully
integrated with existing and contemplated land uses, in order to safeguard the
interests of the citizens of the County and the Town. This Agreement is intended
to foster the following principles and benefits:
a. To further the goals and intentions of the Town Master Plan
of 1999, as amended, and the relevant portions of the County Master Plan, as
amended;
b. To assure that urban scale development occurs within the
municipal limits of the Town of Basalt;
C. To preserve and protect natural wildlife habitats;
d. To maintain the natural beauty of the Three Mile Planning
Area by preserving, to the maximum extent possible, existing scenic views by
minimizing adverse visual impacts and protecting areas of historical importance;
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e. To facilitate and ensure fiscal planning for the adequate
provision of essential governmental services consistent and compatible with land
use and development decisions;
f. To require specific assurances of adequate provisions for
water, sewerage, drainage, air quality, open space, roads, parking,
transportation, public services, public facilities, and affordable housing;
g. To protect the environment and quality of life through
appropriate controls and standards designed to provide adequate open space; to
avoid unserviceable concentrations of populations; to avoid congestion on
roadways; to provide for clean air; to protect water quality and eliminate stream
pollution and excess sedimentation; and to prevent erosion and development on
any unstable slopes;
h. To protect life and safety due to flood hazards; and
i. To otherwise preserve, promote and protect the health,
safety and welfare of the citizens of and visitors to the Town and County.
2. Joint Planning Activities for Roaring Fork Mobile Home Park
a. The Town agrees to transmit any development application
and annexation request for the Roaring Fork Mobile Home Park in accordance
with the procedures established in Section 6 of this Agreement.
b. Upon receipt of an Official Joint Meeting Request from Pitkin
County for the Roaring Fork Mobile Home Park, the Town will schedule a joint
meeting between the two Governmental bodies to address concerns that are
raised in the County's request letter as provided in Section 6 of this Agreement.
3. Annexation of Basalt Avenue Properties
a. The Town will complete the annexation of Basalt Avenue as
soon as possible.
b. Once the annexation ordinance for Basalt Avenue is adopted
by the Board of Trustees, then the County will pay the Town of Basalt the
remaining $25,000 for the roundabout and slip lane improvements and will
execute the quit claim deed for Basalt Avenue granting the County's interest in
the right-of-way to the Town of Basalt.
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C. The Town of Basalt intends to annex the park-and-ride
owned by the Colorado Department of Transportation within five years from the
date of the execution of this Agreement.
4. Adoption of Urban Growth Boundaries and Master Plan
a. Pitkin County hereby supports the Town of Basalt Urban
Growth Boundaries ("UGB") as the UGB in the area around the Town.
b. Pitkin County hereby supports the Town of Basalt 1999
Master Plan which is the Three Mile Plan for the Town of Basalt (to the extent it
pertains to Pitkin County).
C. At pre-application conferences, Pitkin County will advise
property owners that their property is within the UGB, and recommend that they
consult with the Town regarding annexation prior to preparation of their
development application. If the applicant and Town wish to pursue annexation,
Town procedures for annexation and development will ensue, following the
procedures outlined in Section 6 of this document. If the applicant wishes to
develop in the County, County land use development application procedures will
be followed, subject to the procedures outlined in section 6 of this document.
d. As the County has no intention of providing urban services
within the UGB, the County will coordinate closely with the Town of Basalt as the
County prepares or reviews changes in zoning for areas within the Town of
Basalt's UGB.
e. The County affirms its best interests not to approve urban
level development, and in particular affordable housing, outside of the UGB and
inside the Three Mile Planning Area. The County will not approve such
development unless the Board of County Commissioners makes all of the
following findings:
(1) The development is necessary to remove households
from unsafe conditions;
(2) The development is consistent with the goals of
Basalt's Master Plan; and
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(3) The County has complied with the Joint Review
Procedures established in Section 6.
5. Support of Town of Basalt River Master Plan
a. To the extent that it is able, the County will support the Town
of Basalt's implementation of the River Master Plan.
b. The County may designate a representative or
representatives to participate in committees established by the Town to
implement the Basalt River Master Plan of 2002.
6. Coordinated Review and Approval of Development Proposals
With respect to development proposals outside of the Town Limits
and within the Three Mile Planning Area, the parties agree to the following:
a. The Town and the County agree that the entity which has
final jurisdiction and with which the application is filed ("Approving Entity") will
transmit land use applications in the Three Mile Planning Area to the other entity
("Reviewing Entity"). The applications will be sent to the other party no later than
the time the development proposal is transmitted to the other referral entities.
b. Upon receipt of a referral request, the Reviewing Entity will
review the request under the procedures established by that entity and will
determine the level of response (by way of example: no comment, staff
response only, response by the Planning and Zoning Commission, and/or
response by the governing body).
C. At any time before final action on the development
application, the Reviewing Entity may:
(1) Request copies of all documents submitted by the
applicant or comments or studies prepared by or for the Approving Entity, and
said request shall not be unreasonably denied and shall be complied with timely
to the review of the development application.
(2) Make a recommendation on the proposal.
d. At any time before final action on the development
application, either the Reviewing Entity or the Approving Entity may:
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(1) Submit a Joint Meeting Request. Said request can be
made by the respective Planning Director, the Town Manager or County
Manager, Mayor, or County Commission Chair. Upon receipt of such request,
the governing bodies shall schedule a joint meeting between the two Boards in a
timely manner to ensure adequate consideration of all concerns during the
approval process.
(2) Nothing shall prevent representatives of either
governing body from attending noticed meetings of the Approving Entity and
participating in that meeting under the rules of the governing body holding such
meeting.
e. Both entities agree to make every reasonable effort to give
consideration to the concerns raised by the other entity, to incorporate
recommendations made by that entity in the final action on the development
application, and to approve the application only when the other entity is
comfortable with the application along with any conditions of approval.
f. The Town agrees that annexation agreements shall require
property owners annexing and subsequently developing land to mitigate impacts
of said development on County Roads in the Three Mile Planning Area.
7. Master Plan Update
In addition to the coordinated review of development approvals
provided for in Section 6 hereof, the Governments agree to refer updates,
changes, amendments and revisions to the respective Master Plans of the
Governments (to the extent related to the Three Mile Planning Area) to the other
Government for review and comment. The Reviewing Entity shall be provided
adequate time within which to provide referral comments.
8. Other Joint Activities
The Town will work with the County to develop a workable TDR
program where the Town will take TDRs from Pitkin County within the Three Mile
Planning Area or the Frying Pan if deemed acceptable in the Town's adoption of
a TDR program.
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9. Enforcement
It is the intent of both the Town and the County that this Agreement
be binding upon both the Town and the County and that either party hereto shall
be permitted to enforce this Agreement in a court of competent jurisdiction by any
legal or equitable means, including specific performance, declaratory, and
injunctive relief.
10. Term
This Agreement shall become effective upon signature of an
authorized representative of the governing body of each party, and shall remain
in force and effect for five years from the effective date, unless terminated prior
thereto by agreement of the parties. The Agreement shall automatically continue
in effect for a second five-year term unless either party notifies the other not later
than ninety (90) days prior to expiration of the original term that such party elects
not to continue the Agreement.
11. Amendment
Any provision of this Agreement may be amended at any time
provided that prior written approval of the amendment has been obtained from
both the Town Board of Trustees and the Board of County Commissioners.
12. Other Agreements
Nothing in this Agreement shall prevent either party from entering
into specific study agreements with any private party or governmental entity.
Nothing in this Agreement is intended to abrogate, limit, amend or affect the
rights, remedies or equitable positions of the parties in and to any agreements or
actions relating to development within the Three Mile Planning Area in which the
Town or County are parties.
13. No Waiver of Jurisdictional Authority
The Reviewing Entity's agreement to participate in the manner
specified in this Agreement is not and shall not be interpreted as a waiver of its
jurisdiction under the Reviewing Entity's Code or as otherwise provided by law,
and is not and shall not be interpreted as a waiver of any rights it may have to
seek judicial review of a decision of the Approving Entity as provided by law. The
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Approving Entity's execution of this Agreement shall not be construed as an
admission of jurisdiction, standing or authority of the Reviewing Entity with
respect to land use or other action of the Approving Entity beyond those arising
from the specific rights granted in this Agreement
14, Severability
It is hereby declared to be the intention of the parties that the
sections, paragraphs, sentences, clauses and phrases of this Agreement are
severable and, if any phrase, clause, paragraph, sentence, or section shall be
declared unconstitutional, invalid or unenforceable by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality, invalidity
or enforceability shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Agreement.
Executed in duplicate originals on the day and year above first written.
BOARD OF COMMISSIONERS TOWN OF BASALT,
OF PITKIN COUNTY, COLORADO COLORADO
By By:
Patti-Kay Clapper, Chair Richard P. Stevens, Mayor
APPROVED AS TO FORM: APPROVED AS TO FORM:
)�4Vr 1)44-4
John-Ely,_C0 orney Joseph E. Edwards, III, Town
�- Attorney
112502dcandraftpitbasaltiga.doc
EXHIBIT"B„
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BOARD OF COMMISSIONERS TOWN OF BASALT, COLORADO
OF PITKIN COUNTY, COLORADO
By: By.
Patti-Kay Clapper, Chair RicArdevens, Mayor
APPROVED AS TO FORM: OVED AS W FORM:
John Ely, County Attorney In
dwards, III, Town Attorney
112502cleandraft5pitbasaltig a.doc
8
1
Exhibl
a fit y It
N INTERGOVERNMENTAL AGREEMENT BETWEEN
o ,m THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY
N COD AND THE TOWN OF BASALT
C N
V a m PAS
m
�® THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this
day of 1996 by and between the BOARD OF COUNTY
_ COMMISSIONERS OF PITKIN COUNTY (hereinafter referred to as "County"), and the
0
TOWN OF DASALT (hereinafter referred to as "Town"). The County and town are
sometimes lereinafter collectively referred to as the "Governments".
�z
AUTHORITY
NEW�
Y
H
NThis Agreement is entered into, inter alia, pursuant to C.R.S. 29-1-201 et u and Article
XIV, Section 10 of the Colorado Constitution.
wo o
RECITALS
WHEREAS the Governments are duly constituted governmental entities governed by
Boards or Councils elected by qualified electors of the county and town mentioned above,
all of which are located in Colorado; and
WHEREAS, the purpose of this Agreement is to set forth the respective responsibilities
and obligations of the Governments regarding land use 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. will satisfy 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
WHEREAS, the governments initiated in 1995 a joint planning effort, 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 calls for the exploration and formalization of
common understandings regarding land use; and
WHEREAS. the Governments have had preliminary public discussions regarding joint
planning efforts and have concluded that they will explore such efforts through the
evolution of an Intergovernmental Agreement; and
WHEREAS, the Board and Commission of the respective Governments are authorized to
execute this Agreement on behalf of the Governments: and
WHEREAS. the Governments have determined it is in the best interests of the citizens of
Pitkin County and the Town of Basalt to enter into this Agreement.
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AMEEMENT
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 follows:
1. Joint Planning
a. The County will express its support for the Basalt "I'hree Mile flan, as adopted by
the l'owu, through a resolution adopting the Three Mile [']an, or by establishing such plan
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 in 1996 in coordination with the activities of the Agriculture
Committee.
C. The County will pursue an update of the Down Valley Plan and will establish a
work plan and schedule for timely completion 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 county group responsible for
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 member of
the county group. The staff
representative of the Town will keep the Town Board informed about the Down Valley
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 possibly affecting Basalt and will be responsible for
communicating, as appropriate, such views.and objectives to the staff and 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 County.
f. 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
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records of the previous meetings of the Committee so that the Town representative will
be knowledgeable of the work and proceedings of the Committee to date.
2. Joint Review
a. The Governments 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 JO, 1996. Formalizing the Agreement will require elected ofticial approval
and may be incorporated in a subsequent IGA.
b. The Governments' staff will consider and evaluate the desirability and practicality
of integrating the membership of their respective Planning and Zoning Commissions for
those projects and functions of mutual concern, perhaps defined geographically. A report
from the joint staff effort will be submitted to the County Manager and to the Town
Administrator no Later than March 1, 1997.
3. Transfer of Development Rights
a. The Three Mile Plan envisions the institutionalization of the Transfer of
Development Rights as a helpful tool in the preservation of open space as well as in the
realization 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 the Transfer of Development Rights. Staffs of the Governments
will prepare proposals for work session comment by the 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 Three Mile Plan may be developed as part of the policies and
procedures.
C. The locations of areas sending and receiving development rights will be
identified. The County recognizes that the Town will be cautious about the Mid-valley
becoming a receiving area for sending locations outside the Mid-valley area.
d. The Town of Basalt recognizes that Pitkin County desires the transfer of development
rights from outlying locations, including the upper Frvingpan Valley to the urban areas in
and around the Town of Basalt.
4. Miscellaneous
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
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Town. An initial work croup meeting will be held not later than April 15, 1997 to
determine an appropriate time line and work schedule.
b. A joint work group, which may be the same as 4a above. will consider the
possible utility and practicality of employing indicators of sustainability and concepts of
carrying capacity in the joint planning and review procedures of the governments as part
of the process of updating the Down Valley Plan.
C. The Govermnents recognize that this Agreement is procedural and exploratory. It
is intended to establish a baSIS of understandings and to be superseded by an agreement
embodying substantive, definitive and comprehensive descriptions of responsibilities and
obligations of the parties, including systems and procedures to be established and
maintained. It is anticipated that a second generation agreement, if mutually desired, will
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 incorporate results of the inquiries, studies, reports and findings which may emerge
from the work defined in this Agreement.
d. In recognition of the priority the Governments place on the successful
accomplishment of this Agreement, each entity specifically directs staff participation at
joint staff meetings of two hours duration to be held twice monthly. Such meetings will
be held at times of mutual convenience and location commencing the first week of
November.
5. 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.
6. 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.
7. 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
prepaid, to the addresses of the parties herein set forth. All notices so given shah 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
change the address to which future notices shall be sent.
Notice to the Town: Town of Basalt
c/o Town Administrator
101 Midland Avenue
Basalt. CO 81621
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Notice to County: Pitkin County Board of County Commissioners
c/o Pitkin County Manager
530 East Main Street - 3rd Floor
Aspen, CO 81611
The foregoing Agreement is approved by the Board of County Commissioners of
Pitkin County at its regular meeting held on the '�- �day of
1996 and b the Board of Trustees of the Town of Basalt at a regular
meeting held on the day of1996.
BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY, COLORADO
By
A ST: /C1Yairman
6
TOWN OF BASALT, COLORADO
G'r- By
_ �: •cam
-' Mayor
.jj'��
Clerk /
5
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITICIN COUNTY, COLORADO, AUTHORIZING THE BOARD TO ENTER INTO
AN INTER-GOVERNMENTAL AGREEMENT WITH THE TOWN OF BASALT
Resolution No. 96-xly
RECITALS
1. The Board of County Commissioners of Pitkin County (hereinafter "Board") under the
authority granted pursuant to C.R.S. ?9-1-3U1 and _Article ,< V, Section 10 of the Colorado
Constitution is hereby entering into an Inter-governmental .-agreement with the Town of Basalt.
The primary purpose of this agreement is to set forth the responsibilities and obligations of these
government entities regarding land use planning in the vicinity of the Town of Basalt.
2. The Board considered this matter at worksessien meetings on September !0, September 24
and October 3, 1996. During these meetings, the Board and Staff in coordination with the Staff
and Board of Trustees of the Town of Basalt. reviewed and made revisions to the aizreement.
3. The Board has determined that it is in the best interest of the citizens of Pitkin Counry and
the Town of Basalt to enter into this agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that
it does hereby approve the Basalt Inter-gorn
vemental :agreement (attached as Exhibit A) and
authorize the Chair to sign the agreement on behalf of the Board.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING at the regular
mee*.ine on the 6th day of November 1996.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN T S on the ;:2/V/
day of
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APPROVED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS
AFTER SECOND READING at a duly noticed public hearing on December(, 1996.
PUBLISHED AFTER ADOPTION IN THE LVM�S V ON THE
DAY OFF /, 1996.
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Resolution No. 96- IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page:50 0f 24
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SILVIA DAVISPITKIN COUNTY IIII 00 11 .54P
Page` � N Y CO R 0.00 D 0.00
BOARD OF COUNTY COMMISSIONERS
OF PTTKIN COUNTY, COLORADO
By:
1aa . True, Chairman
HAVE ATTEST:
Je e Jones,
Deputy County Clerk
A=PAS TO FORM: APPROVED AS TO CONTENT:
John Eiv, Cindy Houben,
JC% \ County Attorney Community Development Director
/ c:`,hcmetimmlcountvlrl3milelreso.doc
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,NOV, 19. 200i .10„ 59AM _SPIT{ITV BnOUNTY PuBLiC 'NORKS._....•- 9667—IP. 4---�
G
0 � ^�m INTEROOYlRNMB.NTAL AGREEMENT ,
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0D THIS INTE OVERN ENTAL AGREEMENT (the "Agreement") is made this
`ram 11 Board of County
day of 19tie by and between the
CoMmissionen Itkin county, Colorado, whose address is 53 East Main Street,
Aspen, Colorado (,the Countyl and the Town of Basalt, Colorad ("Bassit'), whose
address Is 101 Midland Avenue, Basalt, Colorado. The County and B salt are sometimes
collectively referred to as the "Governments,"
MCITALA
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1. This Agreement is entered Into pursuant to, ip�-BIIp, .R,9. gz9.1-201, et
—�-Y seq. and Article XIV, Section 10 of the Colorado Constitution.
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2, The Governments are duly constituted governmental ntltles, governed by
Boards or Councils elected by quallited electors of the County a d Town mentioned
a above, both of which are located in Colorado,
3, The purpose of this Agreement is to set forth the respective responsibilities
and obligetions of the Governments reladng to the transfer and c veyence 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 in an with Two Rivers
Road to Its intersection with the Colorado Department of Transportst! Highway EZ Right-
of-Way,
4. PNkin County has agreed to fund $85,000 to Basalt the replacsrnant far
the Emma Bridge, to be paid to !Basalt upon its taking possession ofta Emma Bridge,
5. The County and Most have agreed that the Town will #Ooept conveyance of
the Bridge by a Quit Claim Deed In the form attached hereto as Exhi it A and Incorporated
by this reference. I
6. The County has authorized a total expenditure of i$350,000 out of its
Highway 82 Use Tax revenues for the round-about and slip lane pr ject. Pursuant to an
oral understanding between the County and Basalt, $175,000 of the funding is to be paid
in 1ss8, an additional $175,000 of the funding is to be paid in 1gg9, The terms and
conditions of such payments are set forth in this Agreement.
7. The terms and conditions for the lemma Bridge fundl g are am forth in the
Memorandum of Undemanding dated November 21, 1997 betvsen the County and
Basalt("Emma Bridge MOU").
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jNOV, 19. 200i 10: 59AM fPITKIN COUNTY PUBLIC WORKS .._...._ __..+__-.-�NO. 9667—'P, 5
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B. The oovernments are authorized to enter into this A memsnt, and have
determined it Is In the beast interests of the citizens of Pltkin County and the Town of Basalt
to enter into this Agreement.
I
NOW, THEREFORE, for and in consideration of the m tual 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, smu owes PEWO The County shall fund the maining 085,000 of
money it pledged for the Emma Bridge project, Immediately upon salts scosptsnce of
the Quit Claim Deed for the conveyance of the tllmms Bridge to flea It. Bssalt agrees to
comply with all provisions of the State Bridge Grant and all other obis salons of the lmma
Bridge MOu.
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2. lRg nd.about Win r G Prolect
A. 9essit shall;
i(1) complete construction of the round bout anal related
pedestrian bus stop and traffic improvements In 1995, and submit a
payment request to the County (attention of 00 County Engineer) {
with copies of itemised bills for that work,
(2) build a westbound Blip lans tom Emma R d to Highway 82 in
1999 and submit a payment request to the Co my (attention of the
County Engineer) with copies of Itemized bills Wed for all such
work.
B. The County shall; i
(1) promptly review the itemized bills for the r nd.abotk work and
associated Irnprovemanis. Payment to 9asalt hall occur following
approval of the bills and psyment request from eask by the County
Engineer.
(2) to the extent that the round-a'.-'.Aand associated
Improvements exceed $175,000, payment for mounts in excess of
$175,000, but leas then 2350,000, chi be mat! in the first quarter of
1000, after approval of the payment request by a County Engineer.
ow
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jhlOV, 19. 2601 1O:59AM FPITKIN COUNTY FU9LIC WORKS :_.�pNC. 9667—' P. 6+"!
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(3) cooperate in Hood fob with Basalt to 13 dvide Information to
Basalt concerning the status of the referen portion of Basalt
Avenue as a pubtie road. Such irftrmadon shall i clude any Highway
User Tax Fund requests relating to that ro coples of maps
depicting the road, copies of deeds referring to he road, and such
other Information so the County might have can
Ing Its status as a
public highway pursuant to C.R.S. 143-2-201(1)( ) anther (a). Such
infbrmation shall be provided to Basalt by the ounty Engineer no
�. later than December$1, 1g9l, i
�... 3, E&&= Aar!! . Basalt and the County agree that rior to the County's i
e slip tone project In 1099, Basalt and the County $hol ate and some
upon an amendment to this Intergovernmental Agreement ch addresses the
conveyance andlor annexation of Basalt Avenue south of the Basalt venue Bridge to the i
Highway dZ Right•of-Way, the annexation of the Roaring Pork Me fie Horne Park and
addresses the approval by Basalt and the County of development d land use changes
within three (3) miss of the Town of 8ssak.
4. Mo, Jpp, This Agreement may be changed or modi ad only In writing by
an Agreement approved by the respective Boards of the Govern ents and signed by
authorized officers of each party. j
$, ss)mmhar, Should any one or more sections O r provisions of this
Agreement be Judicially adjudged invalid or unenforceable, such judgnt shall not affect,
impair or invalidate the remaining provisions of this Agreement, the i ton being that the
various sections and provisions hereof are severable.
G. jygWn. Any notice required or permitted under this reament$hail be in
writing and shall be hand delivered or sent by registered or certified ular mail, postage
pro-paid to the addressee of the parties as follows. Either party by once sent under this
paragraph may change the address to which future notices should be sent.
Notice to Town of Basalt: Town of Basalt
do Town Administrator
101 Midland Avenue
Basalt, CO 81821
Notice to PHkIn County,,
Pitkin County Board of Cou ! Commissioners i
ato Pitkin County Manager
$30 East Main Street-Thi Floor
Aspen, CO 611111
GRA A 111
s .� eltew o •.s .sa NtitlitN eemsrrr oo �
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jNOV, 19. 2001 11 ; 00AM FP'7KJN MJNTv PUBLIC WORKS .. __.. .. ENO, 9667-- 7�
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The foregoing Agreement is approved by the 1300 of County s are of PMdn
County et its mQulsr meeting held on the day of logs
and by the Board of Trus eel of the Town of Basalt at a raguler oting held on the
�3 day of , �� by , 1gti8.
BOARD OF COUNTY COMMISSIONERS, ATTEST:
PITKIN COUNTY, COLORADO
By: Dorothea Ferris, Chair 11.2 -fr J efts Jonos, DWU V Clerk
I •
TOWN OF BASALT, COL.ORA00 ATT. 1: 71
of
..,..w P.HN
By: rA j A /dj -IJA
=chard Pr Stevens, Mayor amele K. Schilling, Town rk
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IIM71, pigAny lip
0 of a 0 0.M a 9r90 N 0." NlTN:N ORWY e0
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jNOV. 19. 2041 11 : 00AM FPITKIN COUNTY PUBLIC WORKS ENO. 9667 FP. 8
ll lull II 1 Npoll amIN 1
I of ! N0,Np I'm N0,NPITKIN000M00
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to N N0
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Too DM creeds 'this t�— day of � , between the �t a
Board of County Cotrunissionets of Piddu County, Colorado. a Col redo Home Rule
County clorange), whose legal sddre s is 506 Boa Main, Aspen, Coi ado glbl i, and
tits Town of.Rasslt, Colorado, a mmdcipd corporation ('.Drente,"). w on legal eddtess
Is 101 Midland Avenue,Basdt,Colorado ti 1611, `
wrr"ssaM, that the Grantor, for noted considerations the receipt and
suffiofency of which Is hereby acknowledged, has romised, d, sold, and
quitclaltnads And by areas presents don remise, release, 1e11, and itolaim unto the
Grantee, its successor and snips,forever, all the tight. title. Interest, aim, and demand
which the Grantor has in and to the red property, together with inn emenn, if any, Y
situate, lying, and being is the County of Piatin and the State of Col o, described as
follows;
�o
The aroma Bridge,M-W2.00.1,
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TO HAVE AND-TO HOLD the same,together with dt and sin ar the
appurtenances and privileges dtersunto belonging or in anyI 111ereu Appertaining,
and all the mete,right,title, Interest,and claim whatsoever,of the G tor,either in law
or equity,to the only proper use,benefit and bahoof of the Clrentee. its ueosssors and
assigns,forever.
DV WYfN6M9 WHMMOF,the Grantor has executed this dead I the date set
forth above.
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BOARD OF COUNTY Cg.MbQSSIaNM5
OF PIMIN COUNTY,C, LORADO
By, dAL
Dorothea Farris,Ch
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JNOV. 19. 2001 11 ; O0AM PPITKIN COUNTY PUBLIC WORKS ENO, 9667 fP. 9
N OEM Co! R !.N !1 !.N N !.N p[Slli
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sTATs OF COLORADO ) �g o gg
) � � NN!
COUNTY OF PrrW )
C N
TV foregcinj lutmment wn saMowiedded before ma this day of a
1"s by Dorothea Farris.Chadr of the DOW of Coetntlttlone>z f�-��
OW
Pltkin County,Colorado,
Witneas my hand ad of Wal ad,
My com wUloner expires: —d
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Cr
j6 Accepted by:
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ATE of dd` TOWN OF 8 SALT,C RADO —"
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STATE OF COLORADO )
COUNTY OF Prrm )
The foregodrag iao lodged be
was ao no fore metlsis day of
l"8 bay dRiCltll f�.S iLn_ , of the Town of
awl Colorado.
Witneso my hand and off dial seal.
My conamissioear expires: ,Q
No Public N r„ ` a
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