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HomeMy WebLinkAboutresolution.council.037A-92 ". Hi,. \:+ \\ ~ ,fu,'a,'" ~~. ~~ 'It' r,f, #~ \'1. ..-- RESOLUTION NO. 3:::r-A (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 CITY OF GLENWOOD SPRINGS. WHEREAS, the Roaring Fork Tranit Agency (RFTA) has presented to the Aspen City Council a proposed intergovernmental agreement allowing for the provision of transportation services by RFTA within the city of Glenwood Springs; 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 City of Glenwo6d Springs, the Board of County Commissioners of Pitkin County, and the City of Aspen, and which authorizes the provision of transportation services by RFTA within the city of Glenwood Springs, a copy of which is attached hereto as Exhibit "A" and incorporated herein, 1#'.," i~: '~~., Mll,IIt, ~. 'Co;" ,e" t'.i,. ''l! is hereby approved, ratified and adopted and the Mayor shall execute same on behalf of the City of Aspen. RESOLVED, APPROVED AND ADOPTED this 3O~day of ~ ' 1992, by the City Council for the city of Aspen, Colorado. ~e:~et?~ John 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 hd'7 , 1992. Clerk jc720.2 2 tA" ~~. tal 'Z',., "-. ~_., ~ . -'- INTERGOVERNMENTAL AGREEMENT FOR TRANSIT SERVICES THIS AGREEMENT made and entered as of the 18th day of June, 1992, by and between the ROARING FORK TRANSIT AGENCY (hereinafter "RFTA") and the CITY OF GLENWOOD SPRINGS, State of Colorado, a Colorado home-rule city, by and through the City Council of the City of Glenwood Springs (hereinafter "Glenwood"), with the approval of the City Council of the City of As~~n, and 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 Pitkin. WHEREAS, State Highway 82 runs from the City of Aspen to Glenwood Springs and is the only state highway providing access to the City of Aspen, which is the Pitkin County seat. Further, Pitkin County is geographically established such that State Highway 82 must traverse portions of Eagle County and Garfield County to provide access to the City of Aspen and to the City of Glenwood Springs from outlying areas of Pitkin County. WHEREAS, Glenwood 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 Glenwood, subject to the terms and conditions of this agreement. 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 seq., 30-11-101(1)(f), 31-1S-711(I)(g), Colorado Revised Statutes, 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 The purpose of this agreement is to set forth the understanding and intent of the parties with respect to the provision of transportation services by RFTA to the inhabitants and visitors of the City of Glenwood Springs. "1l~_~"_/lll,\!Il\\1II!._ ,....-.:: \ l ~ HA'~ t:;:.Xt1 \"~ \ \ ' ~. \\ ., , " e,:., ". 'q .' " . '\.~ . 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 term hereof, such Schedule of Services may be amended by written agreement of the manager of RFTA and the City Manager of Glenwood Springs. III. PUBLIC INPUT REGARDING SERVICE PLAN RFTA, through its manager and its board of directors, appropriate means to elicit public input regarding its policies and its service plan, rate structure, affairs and levels of service in Glenwood Springs. shall take procedures, the City of IV. FINANCIAL SUPPORT In consideration of the services provided herein, Glenwood agrees to contribute the following funds to RFTA on or before V. INTEGRATION OF OTHER AGREEMENTS The transportation services to be provided by RFTA shall be subject to the Intergovernmental Agreement bet\oJeen 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, and this agreement shall not take effect unless and until approved by the City Council of the City of Aspen and the Board of County Commissioners of Pitkin County, which approval shall occur on or before VI. TERMINATION This agreement shall be for December 31, 1993, unless earlier prior written notice to the other the term commencing June 18, 1992, and ending terminated by the parties on thirty (30) days or as provided in this agreement. VII. PUBLIC REGULATION It is the intent of the parties that the transportation services provided herein fall within the municipal exemption to regulation by the Public Utilities Commission. The parties agree that if it is determined that the services provided herein are to be regulated by the Public Utilities Commission or any other agency designated pursuant to Article Xl:V of the Colorado Constitution, this agreement shall terminate and be of no further force and effect. VIII. 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. 2 e:, \i;.",. B. Successors. This agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties. C . Severability. 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 seve=able 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. IN WITNESS lfflEREOF, the parties hereto have signed and executed this agreement effective as of the day and year first above written. ROARING FORK TRANSIT AGENCY By: Dan Blankenship By: INGS, COLORADO .. "5 a .t:;pd~/d;z ~_ . ity Clerk ' , .~ '\~ RATIFIED AND APPROVED: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: Chairman ATTEST: Pitkin County Clerk CITY OF ASPEN, COLORADO By: Mayor ATTEST: City Clerk 3 .1 \, '''' e . .. tlI18 DATE: July 20, 1992 TO: Mayor and City council FROM: Jed Caswall, City Attorney()~ Proposed Intergovernmental Agreement into Glenwood Springs. Extending RFTA Services RE: This matter is before you at RFTA's request pursuant to Ordinance No. 19 (Series of 1991), which authorizes the Mayor to execute intergovernmental agreements providing for the extension of RETA services to unserved jurisdictions within the Roaring Fork and Crystal River Valleys. Attached hereto is the proposed IGA and an explanatory cover memo prepared by RFTA that was forwarded to you on July 13, 1992. If approved, the IGA will facilitate the provision of RFTA services in Glenwood Springs. Please note that the term of the agreement expires on December 31, 1993. Please also note that Glenwood's financial contribution to RFTA to defray the cost of the services has not been identified. In accordance with Ordinance No. 19 (Series of 1991), the Mayor is authorized to execute IGA's extending RFTA's services provided that thirty days written notice of the proposed IGA has been given to Council, the city Manager and the City Attorney. If during the thirty-day time period no councilmember wishes for the matter to be brought before the entire Council, the Mayor may go ahead and sign the IGA. Assuming that Council will have no objection to the proposed IGA, I have prepared the attached resolution authorizing same consis- tent with Section 13.5 of the City Charter. REOUESTED ACTION: Approve Resolution No. authorizing execution of an IGA extending City of Glenwood Springs. ~~ (Series of 19Q2) RFTA services into the EMC/mc Attachment jc720.1 cc: City Manager Dan Blankenship Paul Taddune &.' (2e;sj fat Jo @ recycled paper '.'., , 10. \\ '''\~ ~e', lB.: <~\ ' "'<, (~ ., MEMORANDUM ~~l!llflh l:/1!!r It; I ~ CIJy ( " 4.; O~~Ot?, /.,.) 11" i'Ve,. ~~ '& DATE: July 13, 1992 TO: Mayor John Bennett Councilperson Rachael Richards Council person Frank Peters Council person Margot Pendleton Councilperson Augie Reno Amy Margerum, City Manager Jed Caswell, City Attorney Kathryn Koch, city Clerk Dan Blankenship, General Manager~'37, Intergovernmental Agreement for Transit Between RFTA, City of Glenwood Springs, Aspen and county of Pitkin services City of FROM: RE: Notice is hereby given pursuant to Ordinance No. 19 (Series. of 1991) of a proposed Intergovernmental Agreement between RFTA, the City of Glenwood Springs, the city of Aspen, and County of Pitkin, allowing for the piCk-Up and unloading of passengers by RFTA within the jurisdictions of the City of Glenwood Springs. This latest Agreement is similar to prior RFTA agreements for intergovernmental cooperation pursuant to the County Powers Act (Le. 30-11-101 (1) (F), C.R.S.) to provide public transportation services exempt from regulation by the Colorado Public utilities Commission. We assume, pursuant to Ordinance No. 19, that this Agreement which has been approved by the city of Glenwood Springs, may be executed by the Mayor without further involvement of the City Council, unless any Council member desires to bring it to the attention of the Council for approval. Please do not hesitate to call me at 920-1905 if you have any questions. pak