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HomeMy WebLinkAboutresolution.council.037-01 RESOLUTION NO. ~.~ ~'~ SERIES OF 2001 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE INTERGOVERNMENTAL AGREEMENT REGARDING TRANSPORTATION SALES TAX DISTRIBUTION WHEREAS, the Rural Transportation Authority (RTA) Intergovernmental Agreement (IGA) and the successful November 2000 ballot question to create and fund the RTA commits Pitkin County to contribute a portion Of its existing transportation sales taxes to the RTA as its contribution in lieu of new RTA sales taxes; and WHEREAS, this contribution requires that the three jurisdictions (Pitkin County, Town of Snowmass Village and City of Aspen) adjust existing revenue sharing agreements established by earlier IGAs and resolutions; and WHEREAS, the attached new IGA Regarding Transportation Sales Tax Distribution specifies the terms and conditions of the reallocation as agreed upon by all three jurisdictions at public meetings held on September 20, 2000 and March 13, 2001; and WHEREAS, the ~,5 cent transit use tax is not affected by the RTA creation or by this new IGA; and WHEREAS, the one-percent transit sales tax was approved by County voters in 1983 and was intended to fund transit service in Pitkin County; and WHEREAS, the one-half percent transit sales tax was approved by County voters in 1993 and was intended to fund transit improvements in Pitkin County WHEREAS, the RTA IGA comm/ts an equivalent tax rate from the two Pitkin County sales tax measures of 0.7215 (of the existing 1.5 percent); and WHEREAS, the commitment of existing tax revenues to the RTA requires Pitkin County, the Town of Snowmass Village and the City of Aspen to reformulate the allocation of the remaining one-percent and one-half percent transit sales tax revenues; and WHEREAS, the attached new IGA formalizes this reformulation by dedicating to the RTA 48.131% of the proceeds of the one-cent transit tax (equivalent to a 0.48131% tax rate) and 48.04% of the proceeds of the one-half cent transit sales tax (equivalent to a 0.2402 tax rate); and WHEREAS, the remainder of the one-cent sales tax proceeds will be distributed to The City of Aspen and the Town of Snowmass Village based on the ratio of Aspen to Snowmass Village collections of the one-cent transit sales tax; and WHEREAS, the remainder of the one-half cent sales tax will be retained by the County only to be used for the transit purposes outlined in the 1993 ballot question and the Intergovernmental Agreement among all three parties; and WHEREAS, the Aspen City Council, the Pitkin County Board of County Commissioners and the Town Council of Snowmass Village (the "Parties") have previously identified general elements of their Comprehensive Valley Transportation Plan (the "Plan") which are eligible for funding from the Pitldn County one-half cent transit sales and use tax; and WHEREAS, by intergovernmental agreement dated September 14, 1993, the Parties agreed: a. to conduct regular public meetings to continue to refine and agree upon proposed projects and transportation elements consistent with or complimentary to the Plan; and b. that all expenditures and projects to be funded from the County-wide one- half cent transit sales and use tax shall be agreed upon by the Parties and evidenced by a resolution adopted by the governing body of each party; and WHEREAS, by adoption of this resolution, the City Council of the City of Aspen wishes to ratify the approvals given at the September 20, 2000 and March 13, 2001 meetings. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Aspen, Colorado, that the attached Intergovernmental Agreement Regarding Transportation Sales Tax Distribution is hereby approved. RESOLVED, APPROVED, AND ADOPTED this 26th day of March, 2001, by the City Council for the City of Aspen, Colorado. I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held March 26, 2001. Kathryn S. Koch, City Clerk INTERGOVERNMENTAL AGREEMENT TRANSPORTATION SALES TAX DISTRIBUTION THIS INTERGOVERNMENTAL AGREEMENT ("Agreement"), is made and entered into as of this day of _, 2001, by and among the CITY OF ASPEN, Colorado, a home-rule municipal corporation ("Aspen"), THE TOWN OF SNOWMASS VILLAGE, a home-rule municipal corporation ("TOSV"), and the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN, Colorado, a body corporate and politic ("County"). RECITALS 1. The Aspen City Council, the Pitkin County Board of County Commissioners, and the Town Council of Snowmass Village, are working together to solve common transportation problems. 2. County Resolution No. 29, Series of 1983 provided for a one-cent increase in the Pitkin County sales tax to fund mass transportation, subject to voter approval obtained May 3, 1983. The Resolution also specified a distribution formula between jurisdictions including distributions to Aspen for food tax refunds and maintenance of its mall and to TOSV the amount of the additional one-cent County sales tax collected within the TOSV corporate limits. The Resolution further specified that at least $300,000 annually of the one-cent transit sales tax retained by County should be deposited in its transit capital improvement fund with the remainder deposited in its transit operation and maintenance fund. 3. Aspen Ordinance 24, Series of 1985, TOSV Ordinance 14, Series of 1985, and County Resolution 85-45, collectively, (a) conditionally rescinded Aspen and TOSV one-cent sales taxes in favor of the county one-cent transit sales tax, (b) approved intergovernmental agreements that reaffirmed the County Resolution 29-1983 distribution formula between jurisdictions, and (c) further restricted the one-cent transit sales tax retained by County to be used solely to fund the Roaring Fork Transit Agency ("RFTA"). 4. The intergovernmental agreement between Aspen and County forming RFTA, as amended and restated on June 9, 1986, reiterated the one-cent transit sales tax authorized uses and distribution formula between jurisdictions of County Resolution 85-45. 5. Aspen, TOSV and County have previously adopted joint Resolution No. 61, Series of 1993, and Intergovernmental Agreement 93-120 which identified uses for a November 2, 1993 voter-approved County one-half cent transit sales tax and use tax (specifically, implementation of elements of the Comprehensive Valley Transportation Plan) and specified that all expenditures and projects to be funded with such revenues must first be agreed upon by all three parties as evidenced by a resolution duly adopted by the governing bodies of each party. 6. Aspen, TOSV and County adopted joint Resolution No. 1, Series of 2000 which establishes a funding commitment to the Roaring Fork Transportation Authority ("RTA") from the one-half cent transit sales and use tax. 7. Aspen, TOSV and County are parties to the Roaring Fork Transportation Authority Intergovernmental Agreement of September 12, 2000 ("RTA IGA"), which furthers the goals of the above recitals but also affects the uses and distribution of tax revenues listed above. The RTA IGA commits to the RTA an amount equal to the proceeds of a tax rate of 0.7215% from the proceeds of the County one-cent and one-half cent transit sales taxes. 8. Aspen, TOSV and County have collectively decided to meet the RTA IGA commitment with 48.131% of the proceeds of the County one-cent transit sales tax (equivalent to a 0.48131% tax rate) and 48.04% of the proceeds of the County one-half cent transit sales tax (equivalent to a 0.2402% tax rate). 9. On November 7, 2000, voters approved a ballot question authorizing the establishment of the RTA and the parties' pa~icipation therein including their commitment of a tax rate of 0.7215% from the proceeds of the County one and one-half cent transit sales taxes. PURPOSE This Intergovernmental Agreement is designed and intended to amend, define and clarify the uses and distribution of revenues from the County one and one-half cent transit sales taxes referenced in recitals 2-6 above so as to implement the Roaring Fork Transportation Authority Intergovernmental Agreement of 2000. USES AND DISTRIBUTION OF ONE AND ONE-HALF CENT TRANSIT SALES TAXES 1. The parties agree that the distribution of revenues in this Agreement amends the previous agreements referenced in recitals 2-6 above. 2. The parties agree to amend the County one-cent transit sales tax distribution according to the table beloW: RTA Aspen/TOSV Total Sales Tax Rate 0.48131% 0.51869% 1.00000% After 48.131% of the sales tax is distributed to RTA monthly pm'suant to the RTA IGA, the remainder ("Remainder") will be distributed and reported monthly to Aspen and TOSV based on the ratio of Aspen to TOSV monthly collections of the County one-cent transit sales tax. However, at year-end Aspen and TOSV distributions will be recalculated and adjusted using fiscal year Collection amounts. The formula below will determine Aspen and TOSV distributions: Aspen distribution= Aspen collections divided by (Aspen plus TOSV collections) times Remainder. TOSV distribution= TOSV collections divided by (Aspen plus TOSV collections) times Remainder. 3. The parties agree that 48.04% of the proceeds of the County one-half cent transit sales tax will be distributed to the RTA pursuant to the RTA IGA and that the remaining 51.96% will be retained by County only for use pursuant to joint Resolution No, 61, Series of 1993, and Intergovernmental Agreement 93-120 (recital 5 above). Thus the County one-half cent transit sales tax distribution is amended as follows: RTA County · Total Sales Tax Rate 0.2402% 0~2598% 0.5000% 4. The obligation of County hereunder to distribute a portion of its transit sales taxes to Aspen, TOSV and RTA shall be subordinate to any obligation County has or may have for debt secured by such transit sales taxes. However, County will only issue additional debt secured by the County one-half cent transit sales tax if the maximum annual debt service on all of the debt to be secured by such tax is less than the annual amount of such tax retained by Pitkin County after its payments to the RTA during the immediately preceding year. County will only issue additional debt secured by the County one-cent transit sales tax if (a) such debt is issued for the benefit of Aspen, TOSV or RTA and such party agrees with County that the debt service on such debt may be netted from the payments to be made by County to such party pursuant to this agreement and (b) the maximum annual debt service on such debt is less than the annual amount of such tax distributed to such party during the immediately preceding year. 5. In compliance with County Resolution 29-1983 (recital 2 above) County agrees to first deposit the portion of its one-cent transit sales tax retained for distribution to the RTA in its transit capital improvemen[ fund and transit operation and maintenance fund and then to distribute to the RTA solely for the purposes of such funds. 6. If for some reason the November 7, 2000 voter approval (recital 9) is not interpreted as voter approval of a change in the distribution formula between jurisdictions under County Resolution 29-1983 (recital 2 above), then (a) Aspen agrees that its distribution from the County one-cent transit sales tax pursuant to paragraph 2 above exceeds the required distributions for food tax refunds and maintenance of its mall and that such excess distribution will be used to fund transit service within the City of Aspen previously provided by RFTA, and (b) TOSV agrees that its distribution from the County one-cent transit sales tax pursuant to paragraph 2 above constitutes the full amount of the additional one-cent County sales tax collected within the TOSV corporate limits and against which it has authorized that its contribution to the RTA pursuant to the RTA IGA be netted. MISCELLANEOUS This Agreement may be modified only by written amendment approved by all parties acting separately. If any provision of this Agreement or the application thereof to any person, entity, or circumstance is held invalid, illegal, or unenfomeable for any mason, 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 thi~ end the provisions of the Agreement are declared to be severable. This 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 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, 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 Agreements. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF ASPEN, CO. LOR~~ FORM: TOWN OF SNOWMASS VILLAGE, COLORADO By:. ATTEST: APPROVED AS TO FORM: BOARD OF COUNTy COMMISSIONERS OF THE COUNTY OF PITK1N: By! ATTEST: APPROVED AS TO FORM: