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HomeMy WebLinkAboutbocc.con.117.21 - BOCC1 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS (“BOCC”) OF PITKIN COUNTY, COLORADO, APPROVING AN AMENDED INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, THE CITY COUNCIL OF THE CITY OF ASPEN, AND THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE (“ELECTED OFFICIALS TRANSPORTATION COMMITTEE”) RESOLUTION NO. 033-2021 RECITALS WHEREAS, Pursuant to Title 29, Article 1, part 2, Colorado Revised Statutes, as amended (the “Intergovernmental Relations Statutes”) and Article XIV, Section 18 of the Colorado Constitution, governments may contract with one another to provide any function, service or facility lawfully authorized to each of the contracting units and any such contract may provide for the joint exercise of the function, service or facility, including the establishment of a separate legal entity to do so, and; WHEREAS, Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter (“HRC”) official action by formal resolution shall be required for all actions of the Board not requiring ordinance power on matters of significant importance affecting citizens, and; WHEREAS, Pitkin County (“Pitkin”), the City Council of the City of Aspen (“Aspen”), and the Town Council of the Town of Snowmass Village (“Snowmass”) wish to enter into an amended intergovernmental agreement for the purposes of identifying the governance and decision-making processes for the Elected Officials Transportation Committee (“EOTC”), and; WHEREAS, Pitkin, Aspen, and Snowmass previously entered into the “Comprehensive Valley Transportation Plan” Intergovernmental Agreement (IGA) authorized under Resolution 162.1993 on September 14th, 1993 that initially created the EOTC; and, WHEREAS, Pitkin, Aspen, and Snowmass desire to update the IGA dated September 14th, 1993 and authorized under Resolution 162.1993; and, WHEREAS, at the EOTC meeting held on March 25, 2021, Pitkin, Aspen, and Snowmass considered and approved the attached amended IGA with certain changes; and WHEREAS, Pitkin, Aspen, and Snowmass are governments authorized to enter into agreements pursuant to C.R.S. § 29-1-203 for purposes including the provision of any function, service, or facility lawfully authorized to each, and; Contract No. 117.2021 (Attached) WHEREAS, the BOCC finds that it is in the best interests of the citizens of Pitkin, Aspen and Snowmass to enter into this agreement in order to ensure collaboration and transparency in the expenditure of the countywide ½ cent transit sales and use tax. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that Pitkin County is authorized to enter into an Intergovernmental Agreement with Aspen and Snowmass as attached hereto as Attachment “A” in substantially the same form satisfactory to the County Attorney, and authorizes the Chair or designee, to sign the resolution and the agreement on behalf of Pitkin County. INTRODUCED AND FIRST READ ON THE 12th DAY OF May, 2021 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 26th DAY OF May 2021. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 13th DAY OF May, 2021. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 13th DAY OF May 2021. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 26th DAY OF May 2021. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 27th DAY OF May 2021. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 3rd DAY OF June, 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS By _________________________ By: _____________________________ Jeanette Jones Kelly McNicholas Kury, Chair Deputy County Clerk Date: ______________ APPROVED AS TO FORM: ___________________________ John Ely, County Attorney MANAGER APPROVAL _________________________________ Phylis Mattice for Jon Peacock, County Manager 2 Revised  01/01/2021  Jun-02-2021 DocuSign Envelope ID:1E61DDDC-CA11-417D-AC51-45041E712F01 INTERGOVERNMENTAL AGREEMENT ELECTED OFFICIALS TRANSPORTATION COMMITTEE THIS INTERGOVERNMENTAL AGREEMENT (this"Agreement'), is made and entered into as of this 3rd day of May, 2021, by and among the CITY OF ASPEN, Colorado, a home-rule municipal corporation (the"City"), THE TOWN OF SNOWMASS VILLAGE, Colorado, a home-rule municipal corporation (the "Town"), and the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN, Colorado, a body corporate and politic (the "County"). i WITNESSETH: WHEREAS, the parties to this Agreement have the authority pursuant to Article XIV, Section 18 of the Colorado Constitution and Section 29-1-201, et seq., of the Colorado Revised Statutes, to enter into intergovernmental agreements for the purpose of providing any service or performing any function which they can perform individually; and WHEREAS, on September 14"', 1993 the parties entered into an Intergovernmental Agreement(the "1993 IGA")establishing a committee made up of the elected officials from the City, the Town, and the County that has become known as the Elected Officials Transportation Committee (the "EOTC"), and WHEREAS, in 1993 the parties adopted Joint Resolution No. 61 adopting a Comprehensive Valley Transportation Plan (the "Plan")establishing an initial framework for a comprehensive mass transportation strategy for the Roaring Fork Valley; and WHEREAS, on July 16, 2020 the EOTC approved by separate resolutions an updated Plan that is to be updated from time to time; and WHEREAS, in 1993 the parties adopted Joint Resolution No. 62 which adopted specific elements to be funded from the proceeds of transportation revenue bonds; and WHEREAS, on November 2, 1993 the County electorate approved a County-wide one- half(1/2) cent sales tax and one-half(1/2) cent use tax(collectively, the"one-half cent sales and use tax")to fund the Plan, as amended, and other elements for the purpose of increasing and improving the public mass transportation system within the Roaring Fork Valley; and WHEREAS, on September 12, 2000, the City, the Town, the County and certain other municipalities and counties in the Roaring Fork Valley entered into the Roaring Fork Transportation Authority Intergovernmental Agreement (the"Authority IGA"), forming the Roaring Fork Transportation Authority(the "Authority"); WHEREAS, the Authority IGA furthered the goals set forth in the 1993 IGA and Joint Resolutions 61 and 62, but also amended the uses and distribution of the revenues of 1 Contract No. 117.2021 DocuSign Envelope ID:1E61DDDC-CA11-417D-AC51-45041E712F01 the one-half cent sales and use tax and of the one cent mass transportation sales tax and one cent mass transportation use tax (collectively, the "one cent sales and use tax") approved by County voters at the County-wide election on May 3, 1983, (together with the one-half cent sales and use tax, the "sales and use taxes"); and WHEREAS, in connection with execution of the Authority IGA and the formation of the Authority, the City, the Town and the County adopted joint Resolution No. 1, Series of 2000, which established a funding commitment to the Authority from the one-half cent sales and use tax; and WHEREAS, to effectuate such funding commitment, the City, the Town and the County entered into the Intergovernmental Agreement—Transportation Sales Tax Distribution dated as of April 25, 2001 (the "Distribution IGA"), which specified the distribution of(a) the one-half cent sales and use tax between the County and the Authority, and (b)the one cent sales and use tax among the City, the Town and the Authority; and WHEREAS, as of the date of the Distribution IGA, there were outstanding certain County revenue bonds secured by the County's share of the revenues of the one-cent sales and use tax issued that were issued pursuant to the County's Resolution No. 92- 392 and certain subsequent County resolutions supplemental thereto (collectively, the Bond Resolution"), with voter-approved authority to issue additional such bonds collectively with such then-outstanding bonds, and together with any bonds or other debt issued thereafter or hereafter that are payable from or secured in whole or in part by the one cent sales and use tax, the one-half cent sales and use tax, or any portion of either such tax, the "Sales and Use Tax Bonds"); and WHEREAS, accordingly, Section 4 of the Distribution IGA contains certain protections with respect to the sales and uses taxes for the holders of any such Sales and Use Tax Bonds, and additionally contains certain protections for the City, the Town and the Authority with respect thereto; and WHEREAS, at a County-wide election held on November 2, 2004, the voters of the County approved a multiple fiscal year financial obligation of the County to contribute a portion of the one-half cent sales and use tax to the Authority (the "2004 Ballot Issue") in connection with the approval by the members of the Authority other than the County, the City and the Town of separate sales and uses taxes in their respective jurisdictions to provide funding to the Authority; and WHEREAS, the purpose of this Intergovernmental Agreement is to update, amend and restate the provisions of the 1993 IGA, Joint Resolution No. 61 and Joint Resolution No. 62 with respect to the EOTC and the Plan; and WHEREAS, the parties hereto wish to further define and clarify the method and process by which the implementation of the Plan will be funded; and 2 DocuSign Envelope ID:1E61DDDC-CA11-417D-AC51-45041E712F0l WHEREAS, it is not the desire or intention of the parties to modify or amend the distribution described above of the sales and uses taxes or any portion thereof, or to modify,amend or impair any of the protections with respect to the sales and use taxes currently in place in the documents described above for the benefit of the holders of the Sales and Use Tax Bonds, the City,the Town or the Authority; 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: Purpose. 1. This Agreement is designed and intended to define and clarify the method and process by which the parties have agreed to fund and implement the Plan. Elected Officials Transportation Committee 2. Organization and Decision Making a. The EOTC shall consist of the elected officials representing the parties to this Agreement (the Pitkin County Board of County Commissioners, the Town of Snowmass Village Town Council, and the City of Aspen City Council). EOTC meetings shall be noticed special meetings for each party. Votes tallied at an EOTC meeting shall be final. A quorum, defined as a majority of the membership from each of the parties, must be in attendance to officially act at an EOTC meeting. In the event that quorum cannot be established at a regularly scheduled EOTC meeting then the meeting may be continued or rescheduled to a date where a quorum can be achieved. In the event a business decision needs to be acted upon sooner than a quorum can be achieved, then the subject matter(s) may be rescheduled by the individual parties for consideration at their respective regular meetings. b. The parties hereby agree to conduct regular meetings including other invited members of the public to continue to refine and agree upon proposed projects and transportation elements consistent with or complementary to the Plan, as may be amended from time to time. c. The parties shall adopt a Plan as is further outlined in Section 3 of this Agreement. The Plan or amendments thereto should be agreed upon by all three parties at a regular scheduled meeting of the EOTC, but may be acted on by the individual parties at their respective regular meetings.This agreement shall be evidenced by individual resolutions signed by the authorized representative for each party. 3 DocuSign Envelope ID:1E61DDDC-CA11-417D-AC51-45041E712F0l d. The parties further agree that the amount of all expenditures and all projects to be funded with revenues derived from the one-half cent sales and use tax shall be consistent with and/or complementary to the Plan and applicable Colorado Revised Statutes. All expenditures, budgets and amendments thereto should be agreed upon by all three parties at a regular scheduled meeting of the EOTC in advance of any such expenditure and/or project, but may be acted on by the individual parties at their respective regular meetings. This agreement shall be evidenced by individual resolutions signed by the authorized representative for each Party e. The EOTC may adopt supporting documents including but not limited to a strategic plan, work plan and capital plan in order to help guide implementation and/or development of the Plan. All supporting documents or amendments thereto should be agreed upon by all three parties at a regular scheduled meeting of the EOTC, but may be acted on by the individual parties at their respective regular meetings. This agreement shall be evidenced by individual resolutions signed by the authorized representative for each party. f. The parties may provide administrative direction to staff that advance the implementation of the Plan. Any administrative direction thereto should be agreed upon by all three parties at a regular scheduled meeting of the EOTC, but may be acted on by the individual parties at their respective regular meetings. EOTC Decision Makinq Process Overview Comprehensive Expenditure / Supporting Administrative Valley Budget Document or plan Direction Transportation Plan Agreed upon by -Agreed upon by -Agreed upon by -Agreed upon by all three parties all three parties all three parties all three parties Resolution Resolution Resolution signed by signed by signed by authorized authorized authorized representative representative representative from each party from each party from each party 3. Comprehensive Valley Transportation Plan The parties hereby agree to adopt a Plan that is to be updated from time to time for addressing mass transportation problems and issues in the Roaring Fork River Valley. 4 i DocuSign Envelope ID:1E61DDDC-CA11-417D-AC51-45041E712F01 a. Adoption or amendment to the Plan shall be approved in accordance with Section 2.c. of this Agreement. b. The parties hereto agree to utilize their best efforts to seek and obtain funding from local, state,federal, and private sources to finance the various elements of the Plan. These efforts shall include, when deemed necessary, seeking voter approval for increased sales and use taxes as well as bonding authority for specific projects as they are developed and agreed upon by unanimous consent of the parties hereto. Annual Renewal and Termination. 4. This Intergovernmental Agreement may not be terminated unless and until such time as the one-half cent sales and use tax referenced above have been rescinded, whereupon any party may terminate the agreement upon ninety(90)days written notice to the other parties. Miscellaneous. i 5. This Agreement shall amend and supersede the 1993 IGA, Joint Resolution No. 61 and Joint Resolution No. 62, but solely to the extent necessary to effectuate the provisions hereof. Notwithstanding anything to the contrary contained in this Agreement or in the Plan, any supporting documents with respect thereto and hereto, or any amendments thereof or hereof: (a) nothing contained in this Agreement, the Plan, or any such supporting documents or amendments is intended to modify or amend, and the same shall not modify or amend, the distribution of the sales and uses taxes set forth in the Distribution IGA and the 2004 Ballot Issue; and (b) nothing contained in this Agreement, the Plan, or any such supporting documents or amendments is intended to modify, amend or impair, and the same shall not modify, amend or impair, any of the protections granted by the 1993 IGA, Joint Resolutions 61 and 62, the Bond Resolution, the Distribution IGA, the 2004 Ballot Issue or any of the other agreements or other documents described in the recitals hereto to or for the benefit of(i)the holders of any Sales and Use Tax Bonds, so long as any Sales and Use Tax Bonds remain outstanding, or(ii)the City, the Town and the Authority. 6. Nothing contained in this Agreement shall mean or be construed to mean that an individual party to this Agreement may not independently fund or implement a specific element of the Plan or some other transportation related project without the consent of the other parties. 5 DocuSign Envelope ID:1E61DDDC-CA11-417D-AC51-45041E712F01 7. If any provision of this Agreement or the application thereof to any person, entity, or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provisions or application, and to this end the provisions of this Agreement are declared to be severable. 8. This I ntergovem mental Agreement is not intended to create any right in or for the public, or any member of the public, including any contractor, supplier or any other third party, or to authorize anyone not a party to this Intergovernmental Agreement to maintain a suit to enforce or take advantage of its terms.The duties, obligations and responsibilities of the parties with respect to third parties shall remain as imposed by law. 9. This Agreement is not assignable by any party. 10. This Agreement constitutes the entire agreement between the parties and all other promises and agreements relating to the subject of this Agreement,whether oral or written, are merged herein. 11. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To: Pitkin County: With copies to: Board of County Commissioners Pitkin County Attorney's Office 530 E. Main Street, Suite 302 530 E. Main Street, Suite 301 Aspen, CO 81611 Aspen, CO 81611 c/o:bocc@pitkincounty.com attorney(a)pitkincounty.com To: City of Aspen: With copies to: 130 S. Galena St. City Attorney's Office Aspen, CO 81611 130 S. Galena St. c/o City Manager Aspen, CO 81611 sara.ott(a)cityofaspen.com iim.true(a)cityofaspen.com 6 DocuSign Envelope ID:1E61DDDC-CA11-417D-AC51-45041E712F01 To: Town of Snowmass Village: With copies to: P.O. Box 5010 Town of Snowmass Village 130 Kearns Road 130 Kearns Road Snowmass Village, CO 81615 P.O. Box 5010 Attn: Rhonda B. Coxon, Town Clerk Snowmass Village, CO 81516 Council(cb,tosv.com Attn: John Dresser,Town Attorney idresser(cr.tosv.com ckinnevatosv.com 12. The parties agree and understand that the parties are relying on and do not waive, by any provisions of this Agreement, the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from time to time amended or otherwise available to the parties or any of their officers, agents, or employees. 13. The rights and obligations of the parties under this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 14. This Agreement shall be construed according to the laws of the State of Colorado,and venue for any action shall be in the District Court in and for Pitkin County, Colorado. 15. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the substantially prevailing party,whether by final judgment or out of court settlement, shall recover from the other party all costs and expenses of such action or suit including reasonable attorney fees. 16. The waiver by any party to this Agreement of any term or condition of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 17. Each party represents that it has the specific power and authority to enter into and consummate this Agreement according to law and that it has followed the proper legal procedures to authorize those persons whose names are subscribed below to execute this Agreement and obligates that party to perform this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Agreement on the day and year first above written. i i DocuSign Envelope ID:1E61DDDC7CA11-417D-AC51-45041E712F01 City of Aspen, Colorado Doeuftn*d By: test< Approved as to Form: i i Board of County Commissioners of the County of Pitkin: 1 By. Attest: i t Approved as to Form: 9 i Town of Snowmass Village, Colorado: i i By: Attest: j Clinton M . Kinney, Town Manager i y Rhonda Coxon, Town Clerk Approved as tR Form: s John Dresser,Town Attorney John Ely, County Attorney May-31-2021 Chair Jeanette Jones, Deputy County Clerk