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Home My WebLink Aboutresolution.council.020-92 ~.. t~ '<<,- ta (.' all,.' ,J?,,,, '-- '\ ..-.." RESOLUTION NO. ~ (Series of 1992) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN, THE COUNTY OF PITKIN, AND THE TOWN OF SNOWMASS VILLAGE PERTINENT TO THE COLORADO WEED MANAGEMENT ACT, AND APPOINTING MARIA CROOK AS THE CITY'S REPRESENTATIVE TO THE PITKIN COUNTY UNDESIRABLE PLANT MANAGEMENT ADVISORY COMMISSION. WHEREAS, the Colorado Weed Management Act (the "Act") imposes upon county and municipal governments statutory require- ments for the establishment and implementation of a plan for the control and management of undesirable plants; and WHEREAS, the Act authorizes and encourages integrated and comprehensive management plans between cooperating governmental entities; and WHEREAS, the city of Aspen, the Town of Snowmass Village and County of pitkin have agreed to cooperate with one another in the establishment of a county-wide weed management program, including the establishment of an undesirable plant management advisory commission that will report to the Board of County commissioners for Pitkin county; and WHEREAS, the city of Aspen is authorized to enter into intergovernmental agreements by resolution pursuant to Section 13.5 of the Home Rule Charter of the City; and WHEREAS, the city Council finds that a cooperative undesir- able plant management plan is in the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that the Intergovernmental Agreement attached hereto and incorporated fully herein as Exhibit "A", and 'It [;19,' " 'z1 "< ,a",' M l"\ 0"" "It ?~( 14 \. - which provides for the cooperation of the City of Aspen, the Town of Snowmass Village, and the county of Pitkin in the establish- ment of an undesirable plant management advisory commission and management plan, be and is hereby approved, and the Mayor and/or city Manager is authorized to execute same on behalf of the city of Aspen. IT IS FURTHER RESOLVED that Maria Crook of the Aspen/Pitkin county Environmental Health Department be and is hereby appointed by the City Council as the City's representative to serve on the Pitkin County Undesirable Plant Management Advisory Commission in accordance with those terms and conditions as specified in the Intergovernmental Agreement. RESOLVED, APPROVED AND ADOPTED this ~~ day of ~~~ , 1992, by the city Council for the City of Aspen, Colorado. John ~ ~~ :741 - /. I~ 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 Colorado, at a meeting held ~ ~~ of Aspen, , 1992. ~) 0"~ / Kathryn . Koch, city Clerk jc420.1 ~ \. ,-",,', <'1. ,.It: in: \~ INTERGOVERNMENTAL AGREEMENT 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, Colorado, a municipal corpora- tion (hereinafter "Town"), pursuant to the authority and powers vested in them in accordance with sections 29-1-201, et seq., and 29-20-101, et seq., of the Colorado Revised Statutes. R E C I TAL S WHEREAS, the Colorado Weed Management Act, section 35-5.5- 101, et seq., of the Colorado Revised Statutes (the "Act"), mandates the adoption by county and municipal governments of an undesirable plant management plan within the geographical bound- aries of their respective jurisdictions; and WHEREAS, 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 that Act; and WHEREAS, the County, city and Town wish to cooperate with one another for purposes of establishing a comprehensive, uniform and county-wide undesirable plant management plan; and WHEREAS, it is the duty of all persons to use integrated methods to manage undesirable plants that are damaging to the land of neighboring landowners; and NOW, THEREFORE, in consideration of the mutual covenants as expressed below, the parties do hereby agree as follows: PURPOSE This Intergovernmental Agreement is intended and designed to fulfill the mandates and obligations imposed upon the County, City and Town by the Colorado Weed Management Act, section 35- 5.5-101, et seq., of the Colorado Revised Statues, and it shall be liberally construed to achieve such purpose. UNDESIRABLE PLANT MANAGEMENT ADVISORY COMMISSION The parties hereby authorize and establish the Pitkin county Undesirable Plant Management Advisory Commission ("Commission") which shall be comprised of residents of the County, City and Town. The Commission shall have the following powers and duties. ,~ ^. ~", , ~" ~ tit if ~. 1. The Commission shall develop a recommended management plan for the integrated management of undesirable plants as such plants are defined in the Colorado Weed Management Act, and recommend management criteria for undesirable plants within the geographical boundaries of the County, City and Town. Such management plan shall be reviewed at regular intervals, but not less than once every three (3) years, by the Commission. The management plan and all amendments made thereto shall be trans- mitted to the Board of County Commissioners for pitkin County for approval, modification, or rejection. The Commission may designate undesirable plants for management in addition to those as specified in the 2 . integrated Act. 3. The Commission shall identify landowners that should be required to submit individual integrated management plans to control undesirable plants upon their property and forward same to the Board of County Commissioners for approval. 4. The Commission shall review the recommendations of any pest control committee as established under C.R.S. section 35-5- 105 for inconsistencies between the plans and activities of the committee and the Commission and make recommendations to the Board of County Commissioners thereon. 5. The commission, 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 Commission. Powers and duties not specifically provided for herein and not otherwise delineated in writing to the Commission shall be reserved to the County, City and Town. ADVISORY COMMISSION COMPOSITION The Undesirable Plant Management Advisory Commission ~hall be comprised of one representative from the City, one representa- tive 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 juris- dictions. The term of commissioners shall be two (2) years, except that the initial appointments for the city and Town members shall be one (1) year so as to provide for staggered member terms. commission members may serve no more than two consecutive terms. 2 ,~ 11"~".:,.,.,"",, H '< - \\. "".,It'.', ~ 1\", The County, city and Town may remove and replace their respective representatives on the Commission 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 Commission. The Commission shall annually elect a chairperson and vice- chairperson/secretary and adopt such procedural and meeting rules as it deems necessary. A majority of the members of the Commis- sion shall constitute a quorum to conduct all business. The Commission shall meet no less than two (2) times per year and may convene such other additional meetings as it deems necessary. BOARD OF COUNTY COMMISSIONERS 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 Undesirable Plant Management Advisory Commission. Pursuant thereto, the BOCC shall have the sole and final authority to approve, modify, or reject the undesirable plant management plan, management criteria, manage- ment practices, undesirable plants subject to management, and any other decision or recommendation of the Commission. Notwithstanding the BOCC's authority to finally adopt the Undesirable Plant Management 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 undesirable plant management plan within their own juris- dictions 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 undesirable plant management plan shall be certified by the Department of Agriculture in the application and recommendation of such methods. TERM The initial term of this agreement shall be from January 1, 1992, through December 31, 1992. 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 Weed Management Act. 3 'It' @ z;<. Me' eR" ~, ~-- e",., '1 \, WITHDRAWAL 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 they 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 undesirable plant management plan. LIMITATION OF LIABILITY 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 ca'used as a result of the execu- .tion of the terms of this agreement, or that arise from the design, implementation or performance of any undesirable plant 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. Nothing in this agreement is or shall be construed as a waiver of any immunities and protections provided the parties under the Colorado Governmental Immunity Act, C.R.S. section 24- 10-101, et seq. ADOPTION The parties agree and acknowledge that this Intergovernmen- .tal Agreement must be individually ratified, approved and adopted by their respective governing bodies in accordance with each parties' controlling legislative or administrative procedures, and this agreement shall have no force or binding effect until it has been so approved and executed. IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized representatives on the day and year as specified. THE COUNTY OF PITKIN THROUGH THE BOARD OF COUNTY COMMIS- SIONERS By: d.. cr"" ~irperson \<~~ Date 4 '~.'.,. ''\;.. (A" ~.. ~- ~- J ATTEST~ jk Kathryn S. Koch, City Clerk ATTEST: Town Clerk jc228.1 THE CITY OF ASPEN By: ~ 7, e~ John . Bennett, Mayor Date TOWN OF SNOWMASS VILLAGE By: Mayor Date 5 .: -\. "'- ATTEST: County Clerk and Recorder ATTEST: Kathryn S. Koch, City Clerk , "':r\ e. . :pFFICI~L!~J \~,. ~i~>\'-"" ':' ,I,. t ,I'. , \\", ,')~~,,. t;",I\'~_. ~ .:..' ,r '".. ~~ '>\", ":\-:'"j\f: ""', '...1 '-..~ ~. t, t.,... ..~ ," ;"~?\A:,::..',<-"'" .... ~~ 'l<i!pEs'j";:':'" (\",/ /"""'/', ."..,."" I' ~""" '% ~,~ '" ~\. Qlmloo lL..- t-J~ Town Clerk jC228.1 --- THE CITY OF ASPEN By: ~ 7, e......-.;?t- John . Bennett, Mayor Date TOWN OF SNOWMASS VILLAGE By: e2t/a// Mayor Date 5