HomeMy WebLinkAboutbocc.res.063.2019 RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO
APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH THE CITY OF ASPEN FOR THE
CASTLE CREEK TRAIL FINAL DESIGN AND
CONSTRUCTION
CONTRACT
RESOLUTION NO. Ofc? -2019
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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") and City of Aspen wish to enter into an
intergovernmental agreement for the purposes of design and construction of the Castle
Creek Trail and road improvements, and
WHEREAS, Both Pitkin and City of Aspen 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
WHEREAS, The BOCC finds that it is in the best interests of the citizens of Pitkin and
City of Aspen to enter into this agreement in order to ensure safety improvements are
made for pedestrians and cyclists along Castle Creek Road.
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 City of Aspen 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.
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INTRODUCED AND FIRST READ ON THE /. DAY OF if , 2019
AND S T FOR SECOND READING AND PUBLIC HEARING ON THE, v DAY
OF 5F 2019.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RES UTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE P-fl DAY
OF ' v 1 f- , 2019.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ON THE OFFICI PITKIN COUNTY WEBSITE (www.pitkincounty.com )
ON THE %/4 DAY OF v v F 2019.
ADOPTED AF ER FINAL READING AND PUBLIC HEARING ON THE f Lf �''
DAY OF gvi ,:—F 2019.
PUBLISHED BY TITLE AND SHORT SUMMARY, AF ER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE `'`kDAY OF • f, 2019.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com ) ON THE 1,-;(,. DAY OF A-v8ab F 2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
I
By v J:IO. By:
Jeane' • Jones re 'oschman, Chair
Depu County Clerk Q
Date: 9/Zd
APPROVED AS--TO--FEB VAI: MANAGER APPROVAL
ohn Ely, County Attorney Jon Pea ock, County Manager
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CONTRACT
AMENDMENT TO # �5 -/` -66 t.-t
INTERGOVERNMENTAL AGREEMENT
CREEK TRAIL FINAL DESIGN AND CONSTRUCTION
THIS AMENDMENT TO INTERG VERNMENTAL AGREEMENT (the
"Amendment") is made this /'1 day of , 2019 by and between the
Board of County Commissioners of Pitkin County, d olorado, whose address is 530 East
Main Street, Suite 302, Aspen, Colorado 81611 ("County") and the City of Aspen
("City"), whose address is 130 South Galena Street, Aspen, Colorado 81611. The County
and City are sometimes collectively referred to as the "Governments."
RECITALS
1. The Intergovernmental Agreement was entered into pursuant to, inter alia,
C.R.S. §29-1-201, et seq. and Article XIV, Section 18 of the Colorado Constitution on or
about Pursuant to paragraph 4 of the Intergovernmental Agreement the
Agreement can be amended upon the approval of respective Boards of the Governments
and signed by authorized officers of each party.
2. The Governments are duly constituted governmental entities, governed by
Boards or Councils elected by qualified electors of the County and City mentioned above,
both of which are located in Colorado.
3. The purpose of this Amendment is to modify the City's contribution to the
the funding of the final design and construction of the Castle Creek Trail.
4. The City has previously authorized expenditures of $875,000 from their
parks and open space funds. This Amendment increases the City's expenditures by
$234,000 to a total not to exceed$1,109,000.
5. The Governments are authorized to enter into this Amendment and have
determined it is in the best interests of the citizens of Pitkin County and the City of Aspen
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:
Paragraph 1., of the Intergovernmental Agreement is hereby amended to read as follows.
1. The County shall manage the project and the contracts for the design and
construction of the Castle Creek Trail. The City shall reimburse the County for the cost
of the portion of the trail within City limits, total not to exceed $1,109,000.
All other provisions of the Intergovernmental Agreement shall remain in full force and
effect.
This Amendment may be executed in counterparts, the sum of which shall constitute the
whole of this Amendment.
BOARD OF COUNTY COMMISSIONERS, ATTEST:
PlIKIN COUNTY, COLORADO
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By:
Greg Ps),7‘, Chair Jeari;tte Jones, Deputi Clerk
John El , ount limey Jort.Reacock, Count Manager
CITY OF ASPEN ATTEST:
By: in,2-4-• Ok •-c
Steven Skadron, Mayor Linda Manning, City elerZ
nalet
James R. True, City Attorney Sara Ott, City Manager
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By:
Greg schman, Chair , Ce,_ ,e,..1-4-e_ .., - .5
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JohriEly e. y Attorney JAn p 2ock*Count Manager
CITY OF ASPEN ATTEST:
By: rev/
Steve Skadrion, Mayor Linda Ma ning, City Clerk
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Jim True, City Attorney 1 Sara Ott, terim City MariAger
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