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RESOLUTION NO. .,:t
(Series of 1992)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
GRANTING A 160-DAY EXTENSION IN THE CONCEPTUAL DEVELOPMENT
APPROVAL FOR THE UTE PARK SUBDIVISION.
WHEREAS, on August 13, 1990, the City Council granted
conceptual development approval for the Ute Park SUbdivision/PUD,
including rezoning from Rural Residential (RR) to Affordable
Housing (AH); and
WHEREAS, Section 24-7-903(C) (1) (c) of the Municipal Code
provides that a development application for a final development
plan shall be submitted within one (1) year from the date of
approval of a conceptual development plan; and
WHEREAS, a failure by a development applicant to submit a
final development plan within one (1) year from conceptual
approval shall cause such conceptual approval to automatically
lapse unless an extension is granted by the City Council; and
WHEREAS, a request for an extension in the conceptual
approval for the Ute Park SUbdivision/PUD has been received by
the city Planning Department and forwarded to the city Council
with a recommendation for approval; and
WHEREAS, the City Council finds that an extension of the
conceptual approval for the Ute Park SUbdivision/PUD would be in
the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, that a 160-day extension in the concep-
tual development plan approval for the Ute Park SUbdivision/PUD
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be and is hereby granted, and that such extension is made retro-
active to August 13, 1991.
RESOLVED, APPROVED AND
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AS~, Colorado.
ADOPTED this 13~day of
, 1992, by the city council for the city of
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John S. Bennett, 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 adopted by the City Council of the city of Aspen,
Colorado, at a meeting held
/5
, 1992.
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Kathryn Koch, City Clerk
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December 12. 1991
Kim Johnson
Aspen/Pitkin County Planning Department
130 S. Galena
Aspen. CO. 81611
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RE: UTE PARK
Dear Kim.
On behalf of the Applicant I would like to request a time extension
of 120 days for the one year perioa of the Conceptual Submission
approval. The reasons for this request are two fold. The
financing of the project has become more complicated than
previously envisioned. The split program of affordable housing
with free market housing has been the complication. This has now
been worked out and the financing is in place. The second issue
has been the program for the deed restricted units. The Applicant
has been uncertain as to the marketability of two bedroom sale
.' nits as submitted at the Conceptual level. Since the sales of the
t illiams Woods deed restricted units, this uncertainty has been
\, einforced by the fact that the two bedroom units did not sell
while a waiting list was created for the three bedroom units. As
a result of this observation, the units were reconfigured to three
bedroom.
We would appreciate your cooperation in the matter of this request
as all issues have been resolved and the project is currently in
a position to proceed swiftly.
Sincerely,
Thomas G. Stevens
cc; Jim Martin
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Red Onion Offices, 418 E. Cooper Ave., Suite 205, Aspen, Colorarlo 81611
13031925.G717 FAX, 13031 925.G707
April 2, 1992
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51 Service Center Drive' Aspen, Colorado 81611 . (303) ~20.1905 . FAX: (303) 920.2864
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INTERGOVERNMENTAL AGREEMENT FOR TRANSIT SERVICES
THIS AGREEMENT, made and entered as of the 17th day of
February , 1992, by and between the ROARING FORK TRANSIT AGENCY
(hereinafter "RFTA"), the TOWN OF SNOWMASS VILLAGE, COLORADO, by and through
the Town Council of the Town of Snowmass Village (hereinafter "Snowmass"),
the CITY OF ASPEN, by and through the city Council of the city of Aspen, and
the COUNTY OF PITKIN, by and through the Board of county Commissioners of
Pitkin county.
WIT N E SSE T H:
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 (hereinafter all said Agreements and Amendments to be referred
to collectively as "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 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 Aspen and county of
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" WHEREAS, Snowmass is located within Pitkin County and provides a
transportation service to its visitors and citizens, involving the pick up
and unloading of passengers within the county of Pitkin and city of Aspen;
and
WHEREAS, RFTA and Snowmass find it to be in the best interests of the
citizens, visitors, and residents of Snowmass, the City of Aspen, and the
county of Pitkin to permit the interconnection and operation of the RFTA and
Snowrnass systems and may be deemed mutually advantageous in the respective
jurisdictions of the City of Aspen, Snowrnass, and the County of pitkin; 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 ~, 30-11-101(1) (f), 31-15-711(1) (g), Colorado Revised statues,
and Article XIV, Section 18 of the Colorado Constitution.
NOW, THEREFORE, in consideration of the mutual benefits to be
derived herefrom, the parties hereto agree as follows:
I. STATEMENT OF PURPOSE
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The purpose of this Agreement is to set forth the understanding and
intent of the parties with respect to the provision of transportion
services by RFTA within the Town of Snowmass Village and by Snowmass
,';'RANSIT IGA Page 2 of 3
\, within the County of pitkin and the City of Aspen.
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II. SCOPE OF SERVICES
The parties hereby agree that RFTA may operate and extend its service to
Snowrnass village and Snowrnass village may extend its service to the city
of Aspen and the County of Pitkin on such terms and conditions as may be
mutually agreed in writing by the General Manager of RFTA and the Town
Manager of Snowrnass.
III. PUBLIC INPUT REGARDING SERVICE PLAN
RFTA, through its Manager and its Board of Directors and Snowrnass,
through its Town Manager and Town council, shall take appropriate means
to elicit public input regarding their policies and procedures,service
plans, rate structures, affairs and levels of service as authorized and
permitted by this Agreement.
IV. TERMINATION OR DISSOLUTION
This Agreement shall be automatically renewed for successive one (1)
year terms on the anniversary date hereof. Either party hereto may
terminate this Agreement upon ninety (90) days prior written notice to
the other.
V. MISCELLANEOUS PROVISIONS
A. Amendments. 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.
B. Successors. This Agreement shall be binding upon and inure to the
benefit of any successors to or assigns of the parties.
C. Severabilitv. 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 otherwise 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.
Adoption. This Agreement
Town of Snowmass Village,
commissioners.
shall be approved by ordinance of the
city of Aspen, and Board of County
.ANS:: :::NE::g:H3ERoE:F3, the
Agreement effective as of the
ROARING FORK TRANSIT AGENCY
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DW-lgh't Shellman, Chairman
TOWN OF SNOWMASS VILLAGE
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Richard G. Wall, Mayor
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CITY OF ASPEN
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Frank .Pe'ters, Mayor Pro Tem
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parties hereto have signed and executed this
day and year first above written.
ATTEST:
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Amber Harmon, Town Clerk
ATTEST:
ATTEST:
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SUPPLEMENTAL PUBLIC FUNDING AGREEMENT
This Agreement is made and entered into as of the 27th day of
November, 1991, by and between the BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO ("County"), the TOWN COUNCIL OF THE TOWN OF
SNOWMASS VILLAGE, COLORADO ("Town"), the CITY COUNCIL OF THE .CITY
OF ASPEN, COLORADO ("city"), and the ROARING FORK TRANSIT AGENCY
(f1RFTAfI).
RECITALS
1. RFTA and the Aspen Skiing Company have entered into a
contract entitled "Roaring Fork Transit Agency - Aspen Skiing
Company Long Term Transit Service Contract", dated as of November
1, 1991, referred to herein as the "Long Term Transit Service
Contract" and incorporated herein by this reference.
2. Pursuant to the Long Term Transit Service Contract, RFTA
will provide long term transit services for the benefit of the
Aspen Skiing Company and the Aspen Skiing company will pay a
transit fee for such services as defined in the Long Term Transit
Service Contract. Since it is anticipated that funds in addition
to those to be paid by the Aspen Skiing Company may be required to
pay the entire cost of the service, the County, the Town, and the
City shall each be responsible for paying one-third of the
shortfall, which is referred to in the Long Term Transit Service
Contract and herein as "Supplemental Public Funding".
3. The parties hereto recognize that the potential adverse
consequences of an ineffective system of transporting skiers among
the ski areas operated by the Aspen Skiing company constitutes a
substantial risk to the public interest and, accordingly, the
public interest will best be served if the responsibility for the
effective and efficient transportation of skiers remains vested
with RFTA, and further, that the commitments of the County, the
Town, and the City to provide Supplemental Public Funding are
necessary to assure that RFTA can continue to provide such
services.
4. The county, the Town, and the city are authorized by
reason of Article XIV, Section 18, of the Colorado constitution,
Section 29-1-203, Colorado Revised statutes, and their respective
home rule charters to enter into contracts to provide for the joint
exercise of any function, service, or facility lawfully authorized
to each.
5. The County, the Town, and the city desire to set forth
herein binding commitments between themselves and to RFTA to
provide Supplemental Public Funding and to set forth herein the
methodology for accomplishing and assuring such funding.
NOW, THEREFORE, in consideration of the mutual promises and
obligations herein, the parties agree as follows:
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1. Commitment to Fund. The County, the Town, and the City
each hereby agree to annually pay to RFTA and appropriate, subject
to available revenues, their one-third (1/3) of the Supplemental
Public Funding as defined and described in the Long Term Transit
Service Contract and as projected on Exhibit "A" attached hereto.
Such payments and appropriations shall be in addition to and shall
supplement revenues collected by the County sales tax authorized by
Pitkin County Resolution 29 (Series of 1983) and allocated to RFTA
pursuant to that Amended Intergovernmental Agreement for Transit
Agency between the City and County made and entered into on June 9,
1986, which agreement is incorporated herein by this reference.
2. Timinq of Fundinq. The County, the Town, and the city
shall each undertake and accomplish, on an annual basis, such
actions as may be required to assure that Supplemental Public
Funding is authorized and available for payment to RFTA in
accordance with a budget and operating plan for skier
transportation services to be adopted on an annual basis by RFTA.
3. Lonq Term Transit service Contract.
Reference is hereby made to paragraph "9" of the Long Term
Transit Service Contract which provides as follows:
"9. Supplemental Public Fundinq Conditions.
A.
The parties acknowledge that the ASC Base
Transit Fee payable throughout the full term
of this Contract is not currently projected to
cover RFTA's full operating and capital costs
of providing the Base Transit Requirement.
Therefore, a contribution of supplemental
public funding by local governments, as set
forth on Exhibit "B-l" , is required to defray
the portion of RFTA's total projected cost of
providing the Base Transit Requirement not
covered by ASC's Base Transit Fee.
B.
This Contract shall be contingent upon the
execution of an agreement by and between the
City of Aspen, the County of Pitkin, and the
Town of Snowmass Village, Colorado (hereafter
"Participating Local Governments") and RFTA
for the provision to RFTA of the annual
supplemental public funding required to
provide transit services during the Contract
Per iod. Thereafter, if one or more of the
Participating Local Governments shall not
contribute its contemplated share of such
supplemental public funding, and such share is
not assumed and paid by the other
Participating Local Governments and/or ASC (it
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being understood that neither ASC nor RFTA is
obligated to assume and pay any such share),
RFTA may at its option terminate this Contract
upon 30 days written notice to ASC and the
Participating Local Governments.
C.
It is understood that such Participating Local
Governments will require, as a condition to
providing supplemental public funding, that
capital cost reductions (including state and
federal capital grants) realized by RFTA for
vehicles to be used under this Contract shall
inure exclusively to the benefit of RFTA and
said Participating Local Governments as they
shall agree, and shall not result in a
reduction of the Base Transit Fee payable by
ASC."
4. Effect of Federal Grants on Supplemental Public Fundinq.
4.1 Exhibit "A" attached hereto sets forth the amount of
Supplemental Public Funding to be provided annually by each of the
Participating Local Governments during the term of the Long Term
Transit Service Contract. In effect, the Supplemental Public
Funding contemplated by this Agreement is required to help defray
projected capital expenses for the purchase of five (5) new buses
in 1992 and five (5) new buses in 1995.
4.2 The parties anticipate that any federal grants obtained
to assist in purchasing such new buses should result in a reduction
of Supplemental Public Funding. If, during the term of the Long
Term Transit Service Contract, such federal grants are obtained,
the following methodology shall be used to reduce or refund the
Supplemental Public Funding contributions made by the Participating
Local Governments:
4.2. a.
Exhibit "B" attached hereto sets forth the
methodology for determining the prorated "Annual
Vehicle Use charge -10 New Buses" attributable to
the Long Term Transit Service Contract. The local
share of such federal grants shall be determined by
subtracting the federal share from the total cost
of the buses. For the example demonstrated .in
Exhibit "B", the federal share is assumed to be 65%
of the total cost of 10 new buses and the local
share is assumed to be 35%. The local share is
amortized over ten (10) years at an assumed
interest rate of 8%. The annual debt service is
prorated at the rate of 47.98% (the percentage of
mileage attributable to the skier shuttle).
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4.2.b.
Following the methodology set forth on Exhibit "B",
Exhibit "A" shall be revised to incorporate the
reduced "Annual Vehicle Use Charge - 10 New Buses",
resulting from federal grants.
4.2.c.
Following the methodology set forth in paragraphs
"4.a." and "4.b." above, the potential effect that
federal grants could have upon Supplemental Public
Funding is demonstrated by the example on Exhibit
"C". The scenario reflected on Exhibit "C"
incorporates the reduced "Annual Vehicle Use Charge
- 10 New Buses" ($59,288 - see Note "A") derived
from Exhibit "B" and assumes that 10 new buses are
purchased in the 1992/1993 Transit Year. By
incorporating the reduced amount of $59,288,
Supplemental Public Funding would be significantly
reduced in years 1993 - 1995, and would no longer
be required by 1996 (See Note "B"). The
participating Local Governments would contribute a
combined total of $125,117 from 1992 through 1995.
In 1996, the Ski Co Annual Payment would begin to
defray all operating and capital expenditures and
begin to generate surplus revenues for the balance
of the Long Term Transit Service Contract.
4.2.d.
Any surplus revenues in a Transit Year resulting
from federal grants for such new buses shall be
used to refund on a pro rata basis such sums of
supplemental Public Funding already contributed to
RFTA. The Participating Local Governments shall be
repaid from such surplus revenues for such Transit
Year until such time that the participating local
governments have been fully repaid for all
Supplemental Public Funding contributions
previously made. The balance of any such surplus
revenues after the Participating Local Governments
have been repaid in full for their Supplemental
Public Funding contributions previously made, shall
be used by RFTA to defray expenditures as RFTA
shall determine necessary.
5. Bindinq Effect. The effectiveness and enforceability of
'the terms hereof with respect to the County, the Town, and the city
are contingent upon ratification and authorization by the Board of
County Commissioners, the Snowmass Village Town council, and the
Aspen City Council. By executing this Agreement, the parties
acknowledge and represent to one another that all procedures
necessary to contract and execute this Agreement have been
performed and that the person signing for each party has been duly
authorized to do so.
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subject to ratification as provided above, the representatives
of the parties hereto have executed this Agreement in four
counterparts, each of which shall constitute an original Agreement,
the day and year above first written.
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BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO
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TOWN COUNCIL OF THE TOWN OF
SNOWMASS VILLAGE, COLORADO
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CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO
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ROARING FORK TRANSIT AGENCY
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