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Home My WebLink Aboutordinance.council.019-91 ORDIN CE NO. Iq (SERIES 1991) A~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEn, COLORADO, APPROVING THAT INTERGOVER/~MENTAL AGREEMENT FOR TP~-NSIT SERVICES BETWEEN THE ROARING FORK TRANSIT AGENCY AND THE TOWN OF CARBONDALE AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEPiALF OF THE CITY OF ASPEN, AND ACKNOWLEDGING AND DEFERRING TO PITKIN COUNTY'S REGULATORY AUTHORITY PURSUANT TO SECTION 30-11- 101(1) (F), COLORADO REVISED STATUTES, TO ESTABLISH FEES, RATES AND CHARGES OUTSIDE THE BOUNDARY OF THE CITY OF ASPEN, AND TO P~ECEIVE CONTRIBUTIONS AND OTHER SUPPORT FROM PUBLIC ENTITIES TO DEFRAY THE COSTS OF OPEI~ATING THE ROARING FOPJ{ TRA/~SIT AGENCY AND ITS MASS TRANSIT SYSTEM WHEREAS, by Intergovernmental Agreement dated November 21, 1983, as amended by that Supplemental Agreement dated November 21, 1983; as amended by that Amendment to Intergovernmental Agreement dated January 23, 1984; and as amended by that Amended Intergovernmental Agreement for Transit Agency dated June 9, 1986, (all said agreements and amendments to be referred to collectively as "RFTA Intergovernmental Agreement"), the City of Aspen, Colorado, and the Board of County Commissioners of Pitkin County, Colorado, formed and constituted the Roaring Fork Transit Agency ("RFTA") to establish an organizational framework to provide public transportation throughout Pitkin County and its environe, to provide an alternative to the private automobile, and to create and operate a viable transportation service to assist in carrying out environ~ental and conservation policies for the benefit of the inhabitants, visitors and environments of the City of Aspen and County of Pitkin; and WHEREAS, the Town of Carbondale is situated at the intersection of State Highway 133 and State Highway 82, which highways are utilized to travel to and from outlying areas of Pitkin County (such as Redstone), and to the City of Aspen, which is the county seat of Pitkin County; and WHEREAS, RFTA has entered into that Intergoverrunental Agreement for Transit Services with the Town of Carbondale, attached hereto and made a part hereof, whereby RFTA has agreed to provide transportation services on behalf of and for the Town of Carbondale, subject to the terms and conditions of the agreement; and WHEREAS, political subdivisions and governmental entities in the State of Colorado are authorized to contract and cooperate with one another to develop, maintain, and operate mass transit systems by virtue of Sections 29-1-201, et $$q., 30-11-101(1) (f), 31-15- 711(1) (g), Colorado Revised Statutes, and Article XIV, Section 18 of the Colorado Constitution; and WHEREAS, pursuant to Section 30-11-101(1) (f), Colorado Revised Statutes, Pitkin County has regulatory authority with respect to mase transportation systems; and WHEREAS, the City Council deems it to be in the best interests of the City of Aspen and its citizens and visitors to approve the Intergovernmental Agreement for Transit Services between RFTA and the Town of Carbondale, and to acknowledge and defer to Pitkin County's authority pursuant to Section 30-11-101(1) (f), Colorado Revised Statutes, as a constituent of RFTA, to establish fees, rates and charges outside the boundary of the city of Aspen and to receive contributions and other support from public entities to defray the costs of operating RFTA and its mass transit system; and WHEREAS, it is anticipated by RFTA and the City Council that RFTA's service area may, in the near future, expand to other communities and areas within the Roaring Fork and Crystal River Valleys, which expansion may necessitate additional Intergovernmental Agreements, in form similar to that approved hereby, with the political Jurisdictions of those communities; and WHEREAS, the City Council finds that it is in the best interest of the City and its citizens and visitors served by RFTA to provide approval of such Intergovernmental Agreements as are deemed necessary and appropriate by the RFTA Board of Directors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLOR_A/DO: Section 1 The City Council of the City of Aspen hereby approves that Intergovernmental Agreement for Transit Services between RFTA and the Town of Carbondale attached hereto and made a part hereof, and the Mayor is hereby authorized and directed to execute said agreement on behalf of the City of Aspen. Section 2 Recognizing the authority granted by Section 30-11-101(1) (f), Colorado Revised Statutes, the City Council hereby reaffirms the RFTA Intergovernmental Agreement and acknowledges and defers to Pitkin County's regulatory authority, as a constituent of RFTA, to establish fees, rates and charges outside the boundary of the City 3 of Aspen and to receive contributions and other support from public entities to defray the costs of operating RFTA and its mass transit system. Section 3 The City Council hereby authorizes the Mayor to execute on its behalf, without the necessity of further hearing, any proposed Intergovernmental Agreement between RFTA and any Jurisdiction within the Roaring Fork or Crystal River Valleys for the provision of RFTA bus service to those communities on such terms as the Board of Directors of RFTA has deemed to be reasonable and appropriate, provided that ~rior written notice has been Given to the Council, City ManaGer, and city Attorney in accordance with the following procedure: RFTA shall give thirty (30) days Prior written no,ice ~0 each member of the then sitting City Council, the City ManaGer, and the City Attorney, If no councilme~er requests that the matter be brought to a vote ~v the City Council durin* said thirty (30/ day oeriod, the Mayor shall execute the Intergovernmental Agreement, In the event a councilmem~er reGuest$ a vote ~v ~he Council as herein ~rovided, the City Clerk shall Dromotlv notify RFTA and refer the Intergovernmental Agreement to the City Council at its next regularly scheduled meeting, section 4 If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or 4 unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinances in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 6 A public hearing on the ordinance shall be held on the ~¥~day Cityof~~pen, Colorado.' 1991, in the City Council Chambers, Aspen INTRODUCED, REM MD O~ERED PUBLISHED as provided by law by the City Council of the City of Aspen on the ~day of FINALLY, adopted, passed and approved this /~ day of ~ , 1991. ATTEST: ~ch, City Clerk p\ms\rftaaspn.ord 5 INTERGOVERNMENTAL AGREE2~ENT FOR TRANSIT SERVICES THIS AGREEMENT made and entered as of the // day of December, 1990, by and between the ROA~RING FORK TP~ANSIT AGENCY (hereinafter "RFTA") and the TOWN OF CA_RBONDALE, a Colorado statutory town, by and through the Board of Trustees of the Tow~ of Carbondale (hereinafter "Carbondale"), with the approval of the City Council of the City of Aspen, and the Board of County Commissioners of Pitkin County. WITNES SETH: W-HEREAS, by Intergovernmental Agreement dated November 21, 1983, as amended by that Supplemental Agreement dated November 21, 1983; as amended by that A~mnd~ment to Intergovernmental Agreement dated January 23, 1984; and as amended by that Amended Intergovernmental Agreement for Transit Agency dated June 9, 1986 (hereinafter all said Agreements and Amendments to be referred to collectively as "Intergoverrnmental Agreement"), the city of Aspen, Colorado, and the Board of County Com~issioners of Pitkin County, Colorado, formed and constituted the Roaring Fork Transit Agency to establish an organizational framework to provide public transportation throughout Pitkin County and its environs, to provide an alternative to the private automobile, and to create and operate a viable transportation service to assist in carrying out environmental and conservation policies for the benefit of the inhabitants, visitors and environments of the City of Aepen and County of Pitkin. WI~EREAS, Carbondale is situated at the intersection of State Highway 133 and State Highway 82, which highways are utilized to travel to and from outlying areas of Pitkzn County (such as Redstone) to the City of Aspen, which is the county sea~ of Pitkin County. W~{EREAS, Carbondale does not currently operate a transportation service and desires to enter into this Agreement as a means of inducing RFTA to provide transportation services on behalf of and for Carbondale, subject to the tez-ms and conditions of this Agreement. k~HEREAS, political subdivisions and governmental entities in the State of Colorado are authorized to contract and cooperate with one another to develop, maintain and operate mass transit systems by virtue of Sections 29-1-20! et ssq., 30-11-101(1) (f), 31-15-711(1) (g), Colorado Revised Statues, and ~_rticle XIV, Section 18 of the Colorado Constitution. ~EREAS, pursuant to Section 30-11-101(1)(f), Colorado Revised Statutes, Pitkin County has regulatory authority with respect to mass transportation systems. By entering into this 1 Agreement with RFTA, Carbondale desires to acknowledge and defer to such regulatory authority as set forth in this Agreement including, but not limited to, Pitkin County's authority to establish fees, rates and charges and to receive contributions and other support from public entities to defray the operating costs of such systems. Further, by approving this Agreement, the city of Aspen also desires to acknowledge and defer to Pitkin County's authority pertaining to the provision of transportation services to Carbondale by RFTA as set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the parties hereto agree as follows: I. Statement of Purpose The purpose of this Agreement is to set forth the under- standing and intent of the parties with respect to the provision of transportation services by RFTA to the inhabitants and visi- tors of Carbondale. II. ScoPe Of Services RFTA agrees to provide the level of service outlined and described on the Schedule of Services attached hereto and made a part hereof as Exhibit "A". During the tern hereof, such Schedule of Services may be amended by written agreement of the manager of RFTA and the Board of Trustees of the Town of Carbondale. III. Public Input Re~ardin~ Service Plan RFTA, through its manager and its board of directors, shall take appropriate means to elicit public input regarding its policies and procedures, its service plan, rate structure, affairs end levels of service in the Town of Carbondale. IV. Financial SupPort Carbondale agrees to contribute to RFTA such sums as mutually agreed to by Carbondale and RFTA for services provided during 1991. Contributions for future years shall be as deternined in the course of Carbcndale's budget approval process as agreed upon by RFTA. InteGration of Other AGreements The transportation services to be provided hereunder by RFTA shall be subject to the Intergovernmental Agreement between the City of Aspen and the Board of County Commissioners of Pitkin County as hereinabove referenced, and subject to and in compliance with the terms and conditions of the Urban Mass Transit Agency (UMTA) grant to RFTA referred to in said Intergovernmental Agreement. Asuen/Pitkin APProval: AcknowledcFment of County Powers This Agreement shall be effective as of January 1, 1991, upon approval by the City of Aspen pursuant to Section 13.5 of the Aspen City Charter and upon approval by the County of Pitkin, by Ordinance, pursuant to Section 30-11-101(1) (f), Colorado Revised Statutes. To the extent set forth in this Agreement, Carbondale (as a party hereto) and the City of Aspen (by its approval hereto) acknowledge and defer to Pitkin County's regulatory authority (as a constituent of RFTA) to establish fees, rates and charges and to receive contributions and other support from public entities to defray the costs of operating RFTA and its mass transit system. Tez-m The term of this Agreement shall be for a one (1) year period, beginning on the effective date hereof and terminating December 31, 1991. This Agreement shall be automatically renewed for successive one (1) year terns on the anniversary date hereof, provided that funds for financial support in such sums as agreed to by RFTA (as set forth in paragraph IV) are appropriated by Carbondale for the year in which services are to be provided. Either party hereto may terminate this Agreement upon ninety (90) days prior written notice to the other. Miscellaneous Provisions A. Amendment. This Agreement may only be amended by a written agreement signed by the parties hereto and approved by the City Council of the City of Aspen and the Board of County Commissioners of Pitkin County as provided in this Agreement. B. Successors. This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties. C. Sev~rabilitv. Should any part, term, portion or provision of this Agreement be finally decided to be in conflict with any law of the United States or of the State of Colorado, or other-wise be unenforceable or ineffectual, the validity of the remaining parts, terms, portion or provision shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the agreement which the parties intended to enter into in the first instance. D. Adogtion. This Agreement shall be approved by ordinance of the Tow~ Council of the Town of Carbondale. IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement effective as of the day and year first above written. ROARING PORK TRANSIT AGENCY C~-~irman ~f the RFTA Board of Directors TOWN OF CA_RBONDALE ATTEST: ~:ayor Town o~f Carbondale Clerk RATIFIED AND APPROVED: BOA_RD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLOP~tDO ATT~: /~ By: ~kin County CITY OF ASPEN, COLORADO ATTEST: Mayor ~ Kathryn K~h, City Clerk p\ms\rftacarb.ia 4 CA£HORDALE ,''::':. TO ~S ~ TOTA( /: ~,L. IOIAL TOIAL TOTAL TOTAL -. , ,DEL TIRE ';: REYEHUE'UEAOHH~U.-, CD ?DER. ~EYEHUE )EADREAO ' CD CO 4:HEal -~. "~;~" ' :, 6:HO zm" m~S2 '. ~?i' :9,00 R.O0 ~.00 LES ;.~ ;_...~. H:~5 at .'~,-,7:!5 ~m ';' '~ ' 9.00 O.CO'~:' 9.C0 ~: 54.00 27.00 ll. O0 3.25 TOYALH TOTALS ,:;.' .., ~er~daT ~O~AL WIRIER CAReO~UALE~IL.: ROHRINTER C~RRORUALE'$ERVICE HCRHUULE ~ - ~' - CAAUOROAL£ DEPARTURES :3 ' ' .,, :' IOTAL~ IOIAL TOTAL' ,' TOTAL TOTAL OEP. REVENUE: OEADRERU. OEP. OEADHEAO CD CAH80~OAL£ SHIFT 2~',~ RILES '2/. HIL£E "::~-: NILES HOURS · ,~:... L75! IOTALE 34.80 " 1.75 IOTALS ADDENDUM TO INTERGOV~P~ENTAL AGREEMENT FOR TR/tNSIT SERVICES The following changes are hereby added to and made a part of the Intergovernmental Agreement for Transit Services: Section IV "Financial Support" is hereby changed and amended to read in its entirety as follows: Carbondale agrees to contribute to RFTA $10,000 during 1991 for services provided during 1991 by R~TA. Contributions for future years shall be as determined by Carbondale, and nothing herein ahall be deemed to be a call or demand on ~ future budget of Carbondale. Section VII "Te~" is hereby changed and amended to read in its entirely as follows: ' The te~ of this agreement shall be for not more than one year beginning on the effective date hereof and ending on DecaYer 31, 1991. This agreement shall be automatically renewed for successive te~s of one year each, unless ~TA gives Carbondale notice on or before DecaYer 15 of the then current te~ that Carbondale's financial contribution to ~TA for the following year is not acceptable to ~TA. The following ts added to ~e Agreement: E. Nothing herein shall constitute a franchise, license, or other right in favor of ~TA to have the exclusive right to use' any p~lic street, right-of-way or other public area in the To~ of Carbondale. F. Ail of Carbondale's obligations hereunder shall be s~Ject to its future budget appropriations, except for the contr~ution of $10,000 referred to in Section IV above. Chai~an of the RFTA Board of Director~ ~-~'.~ TO~ OF C~ONDALg '-~ A~EST: William Gray, Mayor . ~ Suzan~ Cerise, Town Clerk RATIFIED AND APPROVED: BOARD OF COUNTY COM]~ISS!ONERS OF PITKIN COUNTY, COL.O. RADO ATTESt. Ka City Clerk