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HomeMy WebLinkAboutresolution.council.009-92 '....!.'... I{ ';% '. .\~.",.. . W, '< ". .(.'........ \;,.... RESOLUTION NO. ~ (Series of 1992) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, RATIFYING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF TRANSPORTATION SERVICES BY THE ROARING FORK TRANSIT AGENCY WITHIN THE TOWN OF SNOWMASS VILLAGE AND BY THE TOWN OF SNOWMASS VILLAGE IN THE CITY OF ASPEN. WHEREAS, the Roaring Fork Transportation Agency (RFTA) has presented to the Aspen city council a proposed intergovernmental agreement allowing for the provision of transportation services by RFTA within the Town of Snowmass Village, and for the provi- sion of transportation services by Snowmass Village within the City of Aspen; and WHEREAS, section 13.5 of the Aspen Home Rule Charter autho- rizes the city Council to enter into intergovernmental agreements by resolution; and WHEREAS, pre-existing agreements establishing RFTA and authorizing RFTA transportation services within multiple politi- cal jurisdictions require intergovernmental agreements between the several cooperating and participating jurisdictions; and WHEREAS, the city Council finds it is in the public interest to approve the proposed intergovernmental agreement as attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that the intergovernmental agreement as proposed by RFTA between RFTA, the Town of Snowmass Village, the Board of County Commissioners of Pitkin County, and the City of Aspen, and which authorizes the provision of transportation ',..'... tt' ! \, ...It....... ' 0: \., "e! (If.'.,' "\...... ___ -11I'11II services by RFTA within the Town of Snowmass Village and the provision of transportation services by the Town of Snowmass village in the city of Aspen, a copy of which is attached hereto as Exhibit "A" and incorporated herein, is hereby approved, rati- fied and adopted and the Mayor shall execute same on behalf of the City of Aspen. RESOLVED, APPROVED AND ADOPTED this ~~ day of ~~ , 1992, by the City Council for the City of Aspen, Colorado. Mayor, Pro Tem 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, --1'..',~ ,--1-/ Colorado, at a meeting held ~~ ~ , 1992. ~vI~ Kathryn . Koch, city Clerk jc219.5 2 ..'....'....' i~,.. 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 1(lItkin; and ! " 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 Snowmass systems and may be deemed mutually advantageous in the respective jurisdictions of the city of Aspen, Snowmass, 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 l,It".,. .' Ni h .)~ The purpose of this Agreement is to set forth the understanding and intent of the parties with respect to the provision of transport ion services by RFTA within the Town of Snowmass Village and by Snowmass (~~NSIT IGA Page 2 of 3 , within the county of Pitkin and the City of Aspen. -...... ~\. la... ~. II. SCOPE OF SERVICES The parties hereby agree that RFTA may operate and extend its service to Snowmass Village and Snowmass 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 Snowmass. III. PUBLIC INPUT REGARDING SERVICE PLAN RFTA, through its Manager and its Board of Directors and Snowmass, 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 Uni ted 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 shall be approved by ordinance of the Town of Snowmass Village, City of Aspen, and Board of county commissioners. (~\NSIT IGA Page 3 of 3 ~, IN WITNESS WHEREOF, the parties hereto have signed and executed this Agreement effective as of the day and year first above written. ROARING FORK TRANSIT AGENCY ~/r:;/' ~ DWlght Shellman, Chairman ' TOWN OF SNOWMASS VILLAGE ATTEST: ,."",,,,,.,.. \\\~"~'Y1 j0 I,;:; /~;p~~:~ ..<."~:......... '. ,: //tp~c:'~';.\\\ ~ ~-~! '.f~~_ ( ~..:~; ":~lVI::>I.:l.:lOl:::;g ... ..; /~~ '. .....~ ,." ,.' euJaL& Richard G. Wall, Mayor OJ"1Y'\hi ~ 1raNYn~ Amber Harmon, Town Clerk BOARD OF COUNTY COMMISSIONERS ~ PITKIN COUNTY" COLORADO ."?"''-\ , . (I u. ~, ,i I' ' )V 'I .. .1.... Wayne Ethridg~, C ATTEST: , \ ,-j l- CITY OF ASPEN ATTEST: ~ 1MJ vZ: Frank, ,Peters, Mayor Pro Tem ~ 4e..L- City Clerk "'.' %1 ~ ~\ ~