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Home My WebLink Aboutbocc.res.089.2006 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF SNOWMASS VILLAGE FOR MATTERS RELATING TO THE PERMITTING OF ONSITE WASTEWATER TREATMENT SYSTEMS RESOLUTION NO. c1i1 - 2006 RECITALS 1. WHEREAS, the Town of Snowmass Village ("TOSV") has two subdivisions within its jurisdiction (Wildcat Ranch and Cougar Canyon) with parcels that are currently served by, or will in the future be served by onsite wastewater treatment systems ("OWTSs"); and 2. WHEREAS, the TOSV has not adopted regulations governing the permitting, siting, construction, operation and maintenance of OWTSs, or governing licensing of systems contractors and systems cleaners, nor does the TOSV employ individuals with the expertise to administer such regulations; and 3. WHEREAS, the TOSV desires to endorse Pitkin County Code Title 6, Chapter 6.28 (the "OWTS Regulation"), and further desires to have the County's Environmental Health & Natural Resources Department ("EH/NR") administer such regulation in the TOSV; and 4. WHEREAS, Pitkin County desires to provide the services of its EH/NR personnel under the terms and conditions of the Intergovernmental Agreement attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that the Chair is authorized to execute the Intergovernmental Agreement with the Town of Snowmass Village attached hereto as Exhibit A. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON JULY 26, 2006. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON JULY 30, 2006. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON AUGUST 9,2006. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON AUGUST 13, 2006. 2 / ,%10' ClfY- ?d{ ATTE By: 1/ lJtt I anette Jones puty County lerk APPROVED AS TO FORM: .~~ ..,...-------.. John Ely, County Attorney , ----- COUNTY MANAGER APPROVAL: jjl~ Hilary FI c 3 BOARD OF COUNTY COMMISSIONERS: By: Date: B q / ~. 2006 / / , ~ INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN PITKIN COUNTY AND THE TOWN OF SNOWMASS VILLAGE FOR MATTERS RELATING TO THE PERMITTING OF ONSITE WASTEWATER TREATMENT SYSTEMS This Intergovernmental Agreement ("IGA") by and between the County of Pitkin, a body politic and corporate of the State of Colorado ("Pitkin County") and the Town of Snowmass Village, a body politic and corporate of the State of Colorado ("the TOSV") (hereafter collectively referred to as "the Parties") is made to be effective on this <(of/" day of fJUj t'S f ,2006. RECITALS WHEREAS, under Pitkin County Code Title 6, Chapter 6.28 (the "OWTS Regulation"), Pitkin County's Environmental Health & Natural Resources Department ("EH/NR") has the responsibility for, and is engaged in the permitting of onsite wastewater treatment systems ("OWTSs") and the licensing of systems contractors and systems cleaners in unincorporated Pitkin County; and WHEREAS, the TOSV has two subdivisions within its jurisdiction (Wildcat Ranch and Cougar Canyon) with parcels that are currently served by, or will in the future be served by OWTSs; and WHEREAS, the TOSV has not adopted regulations governing the permitting, siting, construction, operation and maintenance of OWTSs, or governing licensing of systems contractors and systems cleaners, nor does the TOSV employ individuals with the expertise to administer such regulations; and WHEREAS, the TOSV desires to endorse Pitkin County's OWTS Regulation, and further desires to have EH/NR administer such regulation in the TOSV; and WHEREAS, Pitkin County desires to provide the services of its EH/NR personnel on the terms and conditions of this IGA. NOW THEREFORE, in consideration of the above and the mutual covenants and commitments made herein, the Parties agree as set forth below. AGREEMENT 1. ENDORSEMENT OF OWTS REGULATION. The TOSV hereby endorses the OWTS Regulation, as it may be amended from time to time by J Pitkin County, and agrees that the requirements of such regulation shall be applicable to all parcels within its Wildcat Ranch and Cougar Canyon subdivisions. 2. ADMINISTRATION OF OWTS REGULATION IN TOSV. Subject to Paragraph 3 below, EH/NR shall administer the OWTS Regulation with respect to parcels in the Wildcat Ranch and Cougar Canyon subdivisions on the same basis that it administers such regulation within unincorporated Pitkin County. 3. ENFORCEMENT. In the event of a violation of the OWTS Regulation, EH/NR shall notify the Building Department for the TOSV and the Building Department shall provide EH/NR with all assistance reasonably requested to obtain compliance with the OWTS Regulation. The TOSV shall have ultimate responsibility for, and shall bear all costs associated with enforcement of the OWTS Regulation within its jurisdiction. 4. PERMITTING. The Building Department for the TOSV shall provide EH/NR with any information reasonably requested by EH/NR in order to review OWTS permit applications received for parcels within the Wildcat Ranch and Cougar Canyon subdivisions. EH/NR shall provide the Building Department for the TOSV with any information required for issuance of building permits on such properties (including but not limited to copies of OWTS permits). 5. FEES. Properties subject to the OWTS Regulation within the TOSV shall be subject to the same permit fees and hourly rates charged by EH/NR for properties in unincorporated Pitkin County. In order to compensate Pitkin County for the services of its EH/NR staff which are not included in the costs associated with issuance of an OWTS permit (e.g., administration of a contractor licensing program, public education on OWTSs, responding to complaints, etc.), an additional administrative fee of $175.00 shall be charged by EH/NR in connection with each OWTS permit application received from parcels within Wildcat Ranch and the Cougar Canyon subdivisions in the TOSV. 6. INDEMNITY & INSURANCE. TOSV agrees to defend and hold Pitkin County and its officials, employees, agents and representatives harmless, to the extent authorized by Colorado law, subject to the procedural requirements and monetary limits of the Colorado Governmental Immunity Act, Section 24-10- 101 C.R.S. et seq. for any and all injuries, claims or damages to any person or property arising out of or in connection with the provision of services contemplated by this IGA. TOSV further agrees to add Pitkin County as an additional insured on any policy of liability insurance carried by the TOSV and insuring against such claims or losses. 5 1 7. TERMINATION. Either of the Parties may terminate this IGA at any time, for any reason, by sending written notice of such termination to the other by U.S. Mail at least 30 days prior to the effective date of such termination. 8. AMENDMENTS. This IGA contains the entire agreement between the Parties with respect to its subject matter. No modification or waiver of this IGA, or any covenant, condition or provision contained herein shall be valid unless in writing and duly executed by both Parties. Any amendment of this IGA shall take place only upon approval by resolution adopted by the governing body of each Party, after notice and hearing as may be required by law. 9. SEVERABILITY. If any portion of this IGA is held by a court in a final, non-appealable decision to be per se invalid or unenforceable as to either of the Parties, the entire IGA shall be terminated, it being the understanding and intent of both Parties that every portion of this IGA is essential to and not severable from the remainder. 10. AUTHORITY TO ENTER IGA. The signatories to this IGA affirm and warrant that they are authorized to enter into and execute this IGA, and all necessary actions, notices, meetings and/or hearings pursuant to any law required to authorize execution of this IGA have been held and/or received. 11. NO THIRD PARTY RIGHTS. This IGA does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or in equity arising out of any term, covenant, or condition herein, or the breach thereof. 12. GOVERNING LAW AND VENUE. This IGA shall be governed by the laws of Colorado. Venue and jurisdiction for any dispute arising from or out of this IGA shall lie with the District Court in and for Pitkin County. THIS INTERGOVERNMENTAL AGREEMENT is made and entered into 6 .-/ (j . . so as to be effective on the date first set forth above. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO By: Date: .1 ..f ? By: Jette Jones Duty Clerk to t e Board of County Commissioners of' Pitkin County TOWN O~O COLORA~p j!. By: ~1/ Mayor i /) l,h ODC- Date: ATTEST: By f)~~;:::: ClerK to the 1 n of owma . y 7 ~ &