HomeMy WebLinkAboutbocc.res.011.2000 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHORIZING THE BOARD TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ASPEN AND THE TOWN OF
SNOWMASS VILLAGE FOR THE PURPOSE OF IMPLEMENTING A NOXIOUS WEED
MANAGEMENT PLAN
Resolution No./r 00
Recitals
1. The Board of County Commissioners of Pitkin County (the "County") under the
authority granted pursuant to C.R.S. § 29-1-201 and Article XIV, Section 10 of the Colorado
Constitution is hereby entering into an Intergovernmental Agreement, (the "Agreement") with
the City of Aspen (the "City") and the Town of Snowmass Village, (the "Town") for the purpose
of implementing a Noxious Weed Management Plan.
2. Pursuant to C.R.S. § 35-5.5-101, the Colorado Noxious Weed Act, mandates the
adoption by county and municipal governments of a noxious weed management plan within the
geographical boundaries of their respective jurisdictions.
3. The County, City and Town wish to cooperate with one another for purposes of
establishing a comprehensive, uniform and county-wide integrated weed management plan
4. The purpose of the Agreement attached as Exhibit A, is to set forth the respective
responsibilities and obligations of the parties relating to the Agreement.
5. The Board of County Commissioners has determined that it is in the best interest
of the citizens of Pitkin County to enter into this Agreement.
NOW THEREFORE, BE IS RESOLVED, by the Board of County Commissioners that is
does hereby approve the Intergovernmental Agreement between Pitkin County, the City of
Aspen and the Town of Snowmass Village, and authorizes the Chair to sign an agreement in
substantially the form attached as Exhibit A, as approved by the County Attorney.
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 9TH
DAY OF FEBRUARY, 2000.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF
THE ASPEN TIMES ON THE I ITH DAY OF FEBRUARY 2000.
APPROVED UPON SECOND READING ON THE 23RD DAY OF FEBRUARY,
2000.
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN
TIMES WEEKLY ON THE 3RD DAY OF MARCH, 2000.
Resolution#00-
Page 2
ATTEST: BOARD OF COUNTY
COMMISSIONERS OF PITKIN
COUNTY, COLORADO
/
Jea tte Jones Shellie Roy Harpe
De ty Clerk Chairperson
Date:
COUNTY MANAGER:
U`f1�V
S a ne Ko chap
APPROVED AS TO FORM:
Deborah Quinn
Assistant County Attorney
I/resos/2000/noxious weeds iga.doc
TOWN OF SNOWMASS VILLAGE
TOWN COUNCIL
RESOLUTION No. 11
SERIES OF 2000
A RESOLUTION APPROVING THE ENTRANCE INTO AN INTERGOVERNMENTAL
AGREEMENT WITH PITKIN COUNTY, COLORADO FOR NOXIOUS WEED
MANAGEMENT.
WHEREAS, provisions of the Colorado Noxious Weed Act, Section 35-5.5-106 (1)
C.R.S. require the Town to adopt a noxious weed management plan; and
WHEREAS, Section 35-5.5-106 (3) authorizes cooperation between Pitkin County
and the City of Aspen by intergovernmental agreement to carry out the powers and
authorities granted by the Colorado Noxious Weed Act; and
WHEREAS, WHEREAS, the Town is authorized to enter into this Agreement in
accordance with the terms and conditions of Section 1.4 of Article I of the Home Rule
Charter; and
WHEREAS, the Town Council finds that the entrance into an intergovernmental
agreement will promote efficiency in the carrying out the powers and authorities granted
by the Colorado Noxious Weed Act; and
WHEREAS, the Town Council finds and declares that all lands within the Town
should be protected from noxious weeds as they pose an threat to the environment and
that the entrance into the Pitkin County Noxious i Weed Management Plan
Intergovernmental Agreement will assist the Town in identifying noxious weeds and
establishing procedures for their control.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of
Snowmass Village, as follows:
1. Approval of Intergovernmental Agreement. The Pitkin County Noxious Weed
Management Plan Intergovernmental Agreement, attached hereto and incorporated herein
by this reference, is hereby approved and adopted by the Town.
2. Authorization to Mayor. The Mayor is hereby authorized and directed to execute
the Pitkin County Noxious Weed Management Plan Intergovernmental Agreement on
behalf of the Town.
3. Direction to Community Development Director. The Community Development
Director is hereby authorized and directed to take all actions necessary and proper to
perform the obligations of the Town under the Pitkin County Noxious Weed Management
Resolution No. 11, Series of 2000
Page 2
Plan Intergovernmental Agreement, including without limitation the appointment of the
Town representative on the Pitkin County Weed Advisory Board.
4. Prior Intergovernmental Agreement. It is the intention of the Town Council that
the Pitkin County Noxious Weed Management Plan Intergovernmental Agreement
approved by this Resolution shall supercede and replace the intergovernmental agreement
effective January 1, 1992 by and between the Town and Pitkin County, as approved by
Resolution No. 26, Series of 1992. The Community Development Director is authorized
and directed to take all actions that are necessary and proper to withdraw from the 1992
Intergovernmental Agreement, including without limitation the provision of notice of
withdrawal from the Agreement and the execution of an agreement rescinding and voiding
the Agreement.
5. Severability. If any provision of this Resolution or application hereof to any
person or circumstance is held invalid, the invalidity shall not affect any other provision or
application of this Resolution which can be given effect without the invalid provision or
application, and, to this end, the provisions of this Resolution are severable.
READ, APPROVED AND ADOPTED by the Town Council of the Town of
Snowmass Village on February 21, 2000 upon a motion by Council Member Mercatoris,
the second of Council Member Brady, and upon a vote A5 in favor and 0 against.
TOWN OF SNOWMASS VILLAGE
T. Mic ael Manchester, Mayor
ATTEST:
Trudi Worline, Town Clerk
PITKIN COUNTY
NOXIOUS WEED MANAGEMENT PLAN
INTERGOVERNMENTAL AGREEMENT
I. RECITALS
1.01 The Colorado Noxious Weed Act, Section 35-5.5-101, et sea.. of the Colorado Revised
Statutes (the "Act"), mandates the adoption by county and municipal governments of a
noxious weed management plan within the geographical boundaries of their respective
jurisdictions; and
1.02 The counties and municipalities may cooperate with one another through
intergovernmental agreement in the exercise of any and all of the powers and authorities
granted under the Act. This Intergovernmental Agreement is made and entered into
between Pitkin County, Colorado, by and through the County Commissioners for Pitkin
County (hereinafter "County"), the City of Aspen, Colorado, a municipal corporation
(hereinafter "City"), and the Town of Snowmass Village, a municipal corporation
(hereinafter "Town") pursuant to the authority and powers vested in them in accordance
with Sections 29-1-201, et sec.., 29-20-101 et sec., and 35-5.5-101 et SeMc., of the
Colorado Revised Statutes.
1.03 The County, City and Town wish to cooperate with one another for purposes of
establishing a comprehensive, uniform and county-wide integrated weed management
plan; and
1.04 It is the duty of all persons to use integrated methods to manage noxious weeds that are
damaging to the land of neighboring landowners; and
1.05 The County has adopted a weed management plan by Ordinance 999-48, which the City
and Town wish to use as their required weed management plan; and
1.06 It is in the best interest of the citizens of the City, Town and County to enter into this
agreement.
NOW, THEREFORE, in consideration of the mutual covenants as expressed below, the parties
do hereby agree as follows:
H. PURPOSE
This Intergovernmental Agreement is intended and designed to fulfill the mandates and
obligations imposed upon the County, City and Town by the Colorado Noxious Weed Act,
Section 35-5.5-101, et sec ., of the Colorado Revised Statutes, and it shall be liberally construed
to achieve such purpose.
M. PITKIN COUNTY WEED ADVISORY BOARD
3.01 The parties hereby authorize and establish the Pitkin County Weed Advisory Board
(`Board")which shall be comprised of residents of the County, City and Town.
3.02 The Pitkin County Weed Advisory Board ("Board") shall be comprised of one
representative from the City, one representative from the Town, and three representatives
from unincorporated Pitkin County. The County, City and Town representatives shall be
appointed by the governing bodies of their respective jurisdictions. The term of board
members shall be two (2) years, except that the initial appointments for the City and
Town members shall be one (1) year so as to provide for staggered member terms. Weed
Advisory Board members may serve no more than two(2) consecutive terms.
3.03 The Board shall have the following powers and duties:
a. The Pitkin County Noxious Weed Management Plan shall be reviewed at regular
intervals, but not less than once every three (3) years, by the Weed Advisory Board. The
management plan and all amendments made thereto shall be transmitted to the Board of
County Commissioners for Pitkin County for approval, modification, or rejection.
b. The Board may recommend designation of noxious weeds for integrated management in
addition to those as specified in the Act.
c. The Board shall submit all its recommendations to the state weed coordinator for review
pursuant to C.R.S. 35-5.5-107.
d. The Board shall identify landowners that should be required to submit individual
integrated management plans to control noxious weeds upon their property and forward
same to the County, City, or Town for approval.
e. The Board shall review the recommendations of any pest control committee as
established under C.R.S. Section 35-5.5-105 for consistencies between the plans activities
of the committee and the Board and make recommendations to the Board of County
Commissioners thereon.
f. The Board, through its chairperson or other designated representative, shall make itself
available and appear upon reasonable notice before the County, City or Town to discuss
or review any plan, recommendation or action of the Board.
1)
g. Powers and duties not specifically provided for herein and not otherwise delineated in
writing to the Pitkin County Weed Advisory Board shall be reserved to the County, City
and Town.
3.04 The County, City and Town may remove and replace their respective representatives on
the Board at any time with or without cause. The failure of any representative to attend
two (2) consecutive meetings may cause such representative to be removed and replaced
on the Board.
3.05 The Weed Advisory Board shall annually elect a chairperson and vice-
chairperson/secretary and adopt such procedural and meeting rules and it deems
necessary. A majority of the members of the Board shall constitute a quorum to conduct
all business. The Board shall meet no less than two (2) times per year and may convene
such other additional meetings, as it deems necessary.
IV. BOARD OF COUNTY COMMISSIONERS
4.01 The County, City and Town agree to designate and hereby authorize the Board of County
Commissioners for Pitkin County CSOCC") to act and perform the duties and functions
of the local governing body for purposes of overseeing and reviewing the operations of
the Pitkin County Weed Advisory Board. Pursuant thereto, the BOCC shall have the sole
and final authority to approve, modify, or reject the Pitkin County Noxious Weed
Management Plan ("Plan"), management criteria, management practices, undesirable
plants subject to management, and any other decision or recommendation of the Board.
4.02 Notwithstanding the BOCC's authority to finally adopt the Plan, management criteria,
and management practices as provided for herein, the County, City and Town shall
provide for the actual administration and enforcement of the Plan within their own
jurisdictions through the use of their respective agents or employees, and may enter into
contracts with qualified service providers, including each other,to effectuate the purposes
of the plan. Any agent, employee or contractor applying or recommending the use of
chemical control methods in the implementation of the Plan shall be certified by the
Department of Agriculture in the application and recommendation of such methods.
V. TERM
5.01 The initial term of this agreement shall be from its effective date through December 31,
2000. Thereafter, this agreement shall automatically renew on an annual basis for one-
year terms (January 1 through December 31), unless a party or parties withdraw
therefrom as provided below. This agreement shall also automatically terminate thirty
(30) days after the repeal of the Colorado Noxious Weed Act.
VI. WITHDRAWAL
6.01 The County, City and Town may withdraw from this agreement by providing written
notice to the other parties of their intent to do so ninety(90) days in advance of the date
each will withdraw. Any party withdrawing from this agreement shall not be entitled to
z
any rebate or refund of funds, if any, previously contributed hereunder to implement the
terms of the Plan.
VII, LIMITATION OF LIABILITY
7.01 The County, City and Town agree to hold each other harmless from any and all injuries,
claims or liabilities of any nature whatsoever that arise or may be caused as a result of the
execution of the terms of this agreement, or that arise from the design, implementation or
performance of any weed management plan as adopted pursuant to this agreement, and
each party shall only be responsible and held accountable for such injuries or liabilities
caused or created by its own individual acts, errors or omissions.
7.02 Nothing in this agreement is or shall be construed as a waiver or any immunities and
protections provided that parties under the Colorado Governmental Immunity Act, C.R.S.
Section 24-10-101, et sec ..
VIII. ADOPTION
8.01 The parties agree and acknowledge that this Intergovernmental Agreement must be
individually ratified, approved and adopted by their respective governing bodies in
accordance with each and parties' controlling legislative or administrative procedures,
and this agreement shall have not force or binding effect until it has been so approved and
executed.
IN WITNESS WHEREOF,the parties have executed this agreement by their duly authorized
representatives on the day and year as specified.
TEST: THE COUNTY OF PITKIN THROUGH THE
BOARD OF COUNTY COMMISSIONSERS
unty Clerk and corder Leslie+,�, Bnor Chairperson Date
Ui
-O °aZ0dd 4ee A" 7v/ Z 3 ,Y- ;?�o
ATTEST: CITY OF ASPEN
City Clerk Rac el E. Richards, Mayor Date
ATTEST: TOWN O NOWMASS VILLAGE
Town Clerk T. Michae Manchester, Mayor Date
99weed_iga.doc