HomeMy WebLinkAboutresolution.council.098-01 RESOLUTION NO. ~ ~
SERIES OF 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AUTHORIZING THE DISSOLUTION OF THE ROARING FORK RAII,ROAD HOLDING
AUTHORITY AND AUTHORIZING THE ASSIGNMENT OF ALL OF THE HOLDING
AUTHORITY'S ASSETS, RIGHTS AND RESPONSIBILITIES TO THE ROARING FORK
TRANSPORTATION AUTHORITY.
WHEREAS, pursuant to title 29, article 1, part 2, Colorado Revised Statutes, as amended,
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, Pitkin County, Eagle County, Garfield County, the City of Glenwood Springs,
the City of Aspen, the Town of Carbondale, the Town of Basalt, and the Town of Snowmass Village
did enter into an Intergovernmental Agreement dated December 31, 1994, to create the Roaring Fork
Railroad Holding Authority ("RFRHA"); and
WHEREAS, on June 26, 1997, Pitkin County, Eagle County, Garfield County, the City of
Glenwood Springs, the City of Aspen, the Town of Carbondale, the Town of Basalt, and the Town of
Snowmass Village ("Cooperating Governments") entered into the First Amended and Restated
Intergovernmental Agreement Concerning the Purchase and Public Ownership of the Aspen Branch
of the Denver and Rio Grande Western Railroad Right-of-Way ("RFRHA IGA"); and
WHEREAS, among the purposes for which RFRHA was formed was to purchase, and
thereafter hold title to, manage and develop a comprehensive plan ("Comprehensive Plan") for the
use of the Aspen Branch of the Denver and Rio Grande Western railroad conddor between Glenwood
Springs and Woody Creek, Colorado (the "Property") for the benefit of the general public; and
WHEREAS, RFRHA completed the purchase of the Property on June 30, 1997 and adopted
the Comprehensive Plan on April 30, 2000; and
WHEREAS, on September 12, 2000, the Cooperating Governments, entered into an
Intergovernmental Agreement to create the Roaring Fork Transportation Authority ("Authority"), a
rural transportation authority formed pursuant to title 43, article 4, part 6, Colorado Revised Statutes;
and
WHEREAS, at the November 7, 2000 general election, the electors within the boundaries of
the Cooperating Governments approved the formation of Roaring Fork Transportation Authority;
and
WHEREAS, the IGA forming the Authority commits the Authority to assume responsibility
for, among other things, the completion of Corridor Investment Study/Environmental Impact Study
that RFRHA had formerly been responsible for; and
WHEREAS, the Authority and RFRHA have determined that the immediate reorgarfization
of RFRHA will result in the elimination of duplication of administrative activities, cost savings to
the members of the Authority and the members of RFRHA, and greater effectiveness in delivering
services and executing responsibilities,
WHEREAS, the RTA IGA was amended on June 25 2001 ("Amended RTA IGA") to
authorize, among other things, the merger of RFRHA with the Authority, provided that RFRHA
assign all of its assets, rights and privileges to the Authority and the Authority assume all of the
obligations and liabilities of RFRHA, that the Authority be responsible for the protection and
management of the Property, including the preservation, maintenance, and enhancement of the
conservation values described in the Agreement dated January 17, 2001 between RFRHA and the
State Board of the Great Outdoors Colorado Trust Fund, that the Authority provide funding for and
monitoring of enforcement of the conservation values through a specially created Covenant
Enforcement Commission, and that the Authority provide funding for and be responsible for
construction and maintenance of regional trails in cooperation with members of the Authority or
other persons.
WHEREAS, the City Council wishes to give its approval of the transfer of the assets and
obligations of RFRHA to the Authority as described above; and
WHEREAS, upon the happening of the last of two events:
(1) the completion of the transfer of all assets, duties and financial obligations from
RFRHA to the Authority; and
(2) the District Court Order extinguishing the Aspen Valley Land Trust Deed of
Conservation Easement and Deed of Trail Easement dated June 30, 1997,
recorded in the real property records of Garfield County Clerk and Recorder=s
Office at Book 1024 at Page 621, Reception No. 510446, in the real property
records oft he Eagle County Clerk and Recorder--s Office at Book 731, Page 637,
and in the real property records of the Pitkin County Clerk and Recorder=s
Office at Reception No. 405938.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, STATE OF COLORADO:
The City Council of the City of Aspen, Colorado, hereby consents to the dissolution of the
Roaring Fork Railroad Holding Authority, provided that first RFRHA assign all of its assets, rights
and privileges to the Authority and the Authority assume all of RFRHA's obligations and liabilities.
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and
accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a
meeting held on the day hereinabove stated.
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