HomeMy WebLinkAboutresolution.council.050-03 RESOLUTION ~ 50
(Series of 2003)
A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ASPEN, COLORADO, AND PARTICIPATING
GOVERNMENTAL JURISDICTIONS AND AGENCIES SETTING FORTH
THE TERMS AND CONDITIONS REGARDING WILDFIRE MITIGATION
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
MEMORANDUM OF UNDERSTANDING
WHEREAS. there has been submitted to the City Council a Memorandum
of Understanding between the City of Aspen, Colorado, and various governmental
agencies, a copy of which contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that
Memorandum of Understanding between the City of Aspen, Colorado, and various
governmental agencies regarding wildfire mitigation, a copy of which is annexed
hereto and incorporated herein, and does hereby authorize the City Manager of the
City of Aspen to execute said contract on behalf of the City of Aspen.
Dated: ~d.-' //J ~oc:>~
ayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resoluti~on adopted by the City
Council of the City of Aspen, Colorado, at a me~00, 3.~~
· Kathy' S. K~ch,'City Clerk~
DRAFT Pitkin Counb/Fire Mitigation MOU .... April 30, 2003
Memorandum of Understanding
For Multi-jurisdictional Cooperation Regarding Wildfire Mitigation *
· This Memorandum of Understanding: (1) is for the sole benefit of the Participating Parties and
shall not be deemed to benefit any other person or entity, and (2) does not grant or confer upon
any third party any right to claim damages or to bring any action or other proceeding against any
party to this Memorandum of Understanding.
Nothing in this Memorandum of Understanding will be construed as limiting or affecting in any
way the authority or legal responsibility of any of the Participating Parties or as binding on any of
the Parties to perform beyond the respective authority of each, or as requiring any Party to
assume to expend any sum in excess of appropriations available.
Each of the Parties shall use its best efforts to comply with the intent of this Memorandum of
Understanding through the procedures contained here within. However, failure of a Party to
exercise the procedures of this Memorandum of Understanding shall not be the basis for
challenging, invalidating or modifying any decision made by any Party.
A. Participating governmental jurisdictions and agencies together deemed the "Parties"
The following governmental jurisdictions and agencieslere signatories of this Memorandum of
Understanding:
· Pitkin County · White River National Forest, Forest
· City of Aspen Service, United States Department of
· Aspen Fire Protection District Agriculture
· Glenwood Springs Field Office, Bureau ·~ Colorado State Forest Service.
of Land Management, United States · Colorado Division of Wildlife
Department of the Interior · Northwest Colorado Council of
Governments*
*Northwest Colorado Council of Governments (NWCCOG), although not a governmental
jurisdiction or agency is also a participating entity and will serve in the capacity of coordinator of
information until such time an entity within Pitkin Cobnty shall be mutually designated by the
Parties to fulfill such coordinating responsibilities.
B. Introduction
All participating governmental jurisdictions and agencies have responsibilities for developing
and implementing land use management plans and/or protection of public health and safety and
have the ability to authorize actions under their respective jurisdictions.
The municipalities and counties have adopted plans and other land-use control regulations to
guide development of private lands within their respective jurisdictions.
The USDA Forest Service (FS) and the USDI Bureau of Land Management (BLM) have bodies
of legislation, regulations, and procedures for land-use planning and management on
designated federal lands.
The fire protection districts have adopted fire codes and regulations and are responsible for fire
mitigation and response planning and implementation.
DRAFT Pitkin County Fire Mitigation MOU .... April 30, 2003
The Colorado State Forest Service has responsibility for providing technical assistance to public
and private cooperators regarding fire wildfire mitigation and other forestry related topics.
The Colorado Division of Wildlife has statutory responsibility for the management of the wildlife
and fisheries resources of the State of Golorado.
The Parties recognize that wildfires often cross jurisdictional boundaries and as a result
effective wildfire mitigation and response require cross-boundary, multi-jurisdictional
cooperation.
The Parties also recognize that policy decisions related to wildfire by one Party may affect
decisions by the other or create impacts for another Party. The Parties further recognize the
need to involve, as a minimum, adjacent or nearby property owners, land managers, and
residents of the area in wildfire response and mitigation planning.
The Parties believe therefore, that it is in the best interest of the Participating Parties to work
together to establish an effective mechanism for meaningful cooperation in wildfire mitigation
and response planning.
C. Purpose
The purpose of this Memorandum is to establish a mechanism for mutual consultation of any or
all jurisdictions regarding the development, implementation, and revision of respective plans
pertaining to wildfire mitigation and response. Furthermore, it is the purpose of this
Memorandum to more efficiently utilize the existing review and decision processes of each
participating Party through cooperation and coordination, not to create new review and decision
processes.
D. Objectives
In recognition of the preceding conditions, the Parties agree to coordinate their respective
planning and decision making activities in a manner consistent with the respective
responsibilities and authorities assigned to each. The Parties agree to work together to achieve
maximum benefits from available resources, to reduce duplication of effort and length of
process time, and to attain better overall coordination throughout the area of mutual concern
regarding wildfire mitigation and response.
E. Authorities
The following laws, regulations or authorities supporting or requiring this course of action are
cited below.
The principal* Federal authorities pertaining to this Memorandum of Understanding are:
1. The Federal Land Policy and Management Act of 1976.
2. The National Environmental Policy Act of 1969.
3. The Forest and Rangeland Renewable Resources Planning Act as amended by the
National Forest Management Act of 1976.
4. The Alaska National Lands Conservation Act.
5. Organic Act
6. Multiple Use Sustained Yield Act
DRAFT Pitkin County Fire Mitigation MOU .... April 30, 2003
The Statutory Counties and Municipalities have the authority to enter into this Memorandum of
Understanding by the following principal* laws:
1. Article XlV, Section 18 of the Colorado State Constitution and legislation pursuant
thereto; namely, C.R.S., § 29-1-201, et. seq
2. The Local Government Land Use Enabling Act, C.R.S, § 29-20-106, et. seq.
3. C;.R.S., §-30-11-101 (1)(d), County Powers and Functions.
4. C.R.S. §-24-6§.1-101et seq. Areas and Activities of Statewide Interest.
The fire protection districts have authority to enter into this Memorandum of Understanding by
the following principal* laws and/or regulations:
The Colorado State Forest Service has the authority to enter into this Memorandum of
Understanding by the following principal* laws and/or regulations:
The Colorado Division of Wildlife has the authority to enter into this Memorandum of
Understanding by the following principal* laws and/or regulations:
*Together with amendments and supplements thereto.
F. Definitions
"Federal Lands" means any land and interest in land owned by the United States, administered
by the Secretaries of Agriculture (National Forest System lands) or Interior (Bureau of Land
Management lands) through their appropriate agencies.
"Wildfire Mitigation" means specific plans and actions to reduce the threats of negative impacts
of potential wildfire on identified community values.
"Wildfire Response" means specific plans and actions to protect identified community values
when wildfire events occur.
"Participating Parties" or "Parties" means the signatories to this Memorandum of Understanding
"Adjacent Jurisdictions" means any federal, state, county, municipal, or special district
jurisdictions sharing a contiguous boundary with any other jurisdictions who are signatories to
this Memorandum of Understanding.
DRAFT Pitkin County Fire Mitigation MOU .... April 30, 2003
G. Coordinating Entity
For the purposes of this Memorandum of Understanding, the Parties agree that NWCCOG shall
be the coordinating entity of this Memorandum of Understanding until such time an entity within
Pitkin County shall be mutually designated by the Parties to fulfill such coordinating
responsibilities.
H. Roles of Participating Parties
Now, therefore, it is agreed that:
I. All Parties will:
a. Cooperate in wildfire mitigation and response planning with the Participating
Parties.
b. Inform each other as far in advance as possible of anticipated wildfire mitigation
decisions and/or actions that might affect another Party.
c. Cooperate in the development and implementation of any supplements to this
Memorandum of Understanding
I. Effect on Prior Agreements
This Memorandum of Understanding is intended to work in concert with prior agreements. It is
not intended to preempt or supercede prior agreements,
J. Funding
The primary funding regarding the implementation of this Memorandum of Understanding wirl be
borne by the Participating Parties. However, NWCCOG wirl continue to search for and secure
additional funding from public and private grants to support coordination and imp ementat on
activities.
K. Administration
The following representatives or their designees have the authority to speak for their respective
jurisdictions and agencies for the purposes of this Memorandum of Understanding and
regarding actions undertaken under this Memorandum of Understanding.
Board of County Commissioners (970) 925-5532
Pitkin County
530 E. Main, 3rd Floor Forest Supervisor
Aspen, CO 81611 White River National Forest
(970) 920-5200 P.O. Box 948
Glenwood Springs, CO 81602
Mayor (970) 945-3200
City of Aspen
130 S. Galena Field Manager
Aspen, CO 81611 U.S. Dept. of Interior
(970) 920-5000 Bureau of Land Management
PO Box 1009
Chief Glenwood Springs, CO 81602
Aspen Fire Protection District (970) 262-947-2802
420 E. Hopkins Ave.
Aspen, CO 81611
4
DRAFT Pitkin County Fire Mitigation MOU .... April 30, 2003
District Forester Executive Director
Colorado State Forest Service Northwest Colorado Council of
Grand Junction, CO Governments
Box 2308
Colorado Division of Wildlife Silverthorne, CO 80498
50633 Hwy 6 & 24 (970) 468-0295
Aspen, CO
1. All Parties recognize that time is of the essence in performance under this
Memorandum of Understanding. In general, the representatives, their designees, or
appropriate staff specialists will contact one another, as necessary, subject to this
Memorandum of Understanding and any supplemental Agreements.
2. Nothing in this Memorandum of Understanding will be construed as limiting or
affecting in any way the authority or legal responsibility of any of the Participating
Parties or as binding on any of the Parties to perform beyond the respective authority
of each, or as requiring any Party to assume to expend any sum in excess of
appropriations available.
3. Failure, by any Party to exercise the provisions within this Memorandum of
Understanding will not be considered cause to invalidate, postpone, or delay
prescribed review, permitting, planning, or decision processes governing the
responsible jurisdiction.
4. This Memorandum of Understanding: (1) is for the sole benefit of the participating
parties and shall not be deemed to benefit any other person or entity, and (2) does
not grant or confer upon any third party any right to claim damages or to bring any
action or other proceeding against any party to this Memorandum of Understanding.
5. Amendments or supplements to this Memorandum of Understanding may be
proposed by any Party and shall become effective upon written approval by all
Parties of such amendments or supplements.
6. This Memorandum of Understanding shall become effective when signed by the
Parties hereto and is intended to remain in effect without termination. However, any
Party may formally terminate their participation in this Memorandum of
Understanding after 30 days notice in writing to the other Parties of the intention to
do so.
7. Each and every provision of this Memorandum of Understanding is subject to the
laws of the United States, the State of Colorad°, particiPating Local Governments
and the regulations of the Secretaries of the departments of Agriculture and the
Interior.
DRAFT Pitkin County Fire Mitigation HOU .... April 30, 2003
In Witness Whereof, the Parties herein have caused this document to be executed as of
the date of the last signature shown below:
Board of County Commissioners Date
Pitkin Co nt C Iorad
IVl~yof ~' \ ~' ~'( .... '~' DAte
City of Aspen, Colorac~o
Chief Date
Aspen Fire Protection District
Forest Supervisor Date
White River National Forest
Glenwood Springs Field Manager Date
Bureau of Land Management
District Forester Date
Colorado State Forest Service
Area Manager Date
Colorado Division of Wildlife
Executive Director Date
Northwest Colorado Council of Governments