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Home My WebLink Aboutresolution.council.009-00 ~ RESOLUTION #::t (Series of 2000) A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, PITKIN COUNTY, COLORADO AND THE TOWN OF SNOWMASS VILLAGE, COLORADO. SETTING FORTH THE TERMS AND CONDITIONS REGARDING ADOPTION OF A NOXIOUS WEED MANAGEMENT PLAN FOR THE PURPOSES OF ESTABLISHING A COMPREHENSIVE, UNIFORM AND COUNTY-WIDE INTEGRATED WEED MANAGEMENT PLAN. WHEREAS, there has been submitted to the City Council an intergovernmental agreement between the City of Aspen, Colorado, Pitkin County, Colorado and the Town of Snowmass Village, a copy of which agreement is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: ,~ Section I That the City Council of the City of Aspen hereby approves that intergovernmental agreement between the City of Aspen, Colorado, Pitkin County, Colorado and the Town of Snowmass Village regarding the adoption of the Noxious Weed Management Plan for the City of Aspen a copy of which is annexed hereto and incorporated herein. Dated: ~~ c2& ~ (/ / , Mayor ~. ( . I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution opted by the City Council of the city of Aspen, Colorado, at a meeting held ~ o PITKIN COUNTY NOXIOUS WEED MANAGEMENT PLAN INTERGOVERNMENTAL AGREEMENT L RECITALS 1.01 The Colorado Noxious Weed Act, Section 35-5,5-101, et ~ 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 o 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 seQ., 29-20-101~ seQ" and 35-5,5-101 et seQ., 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 #99-48, 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: ~" n. PURPOSE r 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 seQ., 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 (I) 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. r " ~ 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 ("BOCC") 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. r 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. VL 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 ~ ~. any rebate or refund of funds, if any, previously contributed hereunder to implement the terms of the Plan. VIL 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.RS. Section 24-10-101, et seQ. vrn. 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 umil it has been so approved and executed. o IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized representatives on the day and year as specified, ATTEST: THE COUNTY OF PITKIN THROUGH THE BOARD OF COUNTY COMMISSIONSERS County Clerk and Recorder Leslie Lamont, BOCC Chairperson Date ATTEST: CITY OF ASPEN ~)k ATTEST: Date TOWN OF SNOWMASS VILLAGE Town Clerk T. Michael Manchester, Mayor Date ~ 99weed_iga.doc A