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HomeMy WebLinkAboutresolution.council.006-94 'It.'..,. . \\ >,,, \.,'. "<. ~.,:,....,'.'" {\",. RESOLUTION NO. ~ (Series of 1994) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, GRANTING CONCEPTUAL APPROVAL TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MEMBERS OF THE ROARING FORK FORUM AND THE COLORADO TRANSPORTATION COMMISSION CONCERNING THE PURCHASE AND PUBLIC OWNERSHIP OF THE ASPEN BRANCH OF THE DENVER AND RIO GRANDE WESTERN RAILROAD RIGHT-OF-WAY AND SUBMISSION OF AN APPLICATION FOR THE ENERGY IMPACT ASSISTANCE GRANT PROGRAM WHEREAS, in 1992, the counties of pitkin, Garfield and Eagle, and the cities and towns of Aspen, Snowmass Village, Basalt, Carbondale, Glenwood Springs, Rifle, New Castle and Silt, collectively members of an informal consortium of governments located within and near the Roaring Fork Valley known as the "Roaring Fork Forum" (hereinafter the "Governments"), did adopt resolutions in support of purchasing the Aspen Branch of the Denver and Rio Grande Western Railroad right-of-way (hereinafter the "Right-of-Way"); and WHEREAS, the Governments worked closely through their respective staff members to develop an Intergovernmental Agree- ment for the purchase and public ownership of the right-of-way which is attached as Exhibit "A"; and WHEREAS, the Governments believe that the Intergovernmental Agreement adequately addresses most of the issues concerning the purchase, management and planning of the right-of-way and that the Intergovernmental Agreement may be in the best interests of the health, safety and welfare of the residents and visitors of the Roaring Fork Valley; and tA, ~., ~ ., e WHEREAS, the Governments also worked through their respec- tive staff members to draft and submit an application for the state of Colorado's Energy Impact Assistance grant program (hereinafter known as the "EIAP grant") for assistance in pur- chasing the right-of-way. This grant application was accepted by the state of Colorado and will be presented to the EIAP commis- sion during their upcoming meeting of February 10 and 11, 1994, for consideration. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Conceptual approval of the Intergovernmental Agreement as attached within Exhibit "A" is hereby given. conceptual approval recognizes that the Intergovernmental Agreement appears to adequately address most of the issues surrounding the purchase, management and planning of the right-of-way. It is understood, however, that some revisions may need to occur before the docu- ment is formally approved, including, but not limited to, lan- guage which reflects compliance with Article X, section 20 of the Colorado Constitution. Approval of the Resolution in no way binds the city of Aspen to enter into the Intergovernmental Agreement if it is not satisfied with final terms of said agree- ment. The submission of an application by the Roaring Fork Forum under the EIAP grant program, is hereby endorsed with the follow- ing condition: 2 ~ '. e lei. " , -- 1. Because of the significant financial burden placed on Garfield County by the impacts of dwindling commercial activity in the energy industry, the proceeds from the EIAP grant shall first be used to fulfill Garfield County's share of the local funding required to purchase the right-of-way as defined within the Intergovernmental Agreement. Any monies remaining from the EIAP grant will be included as non-local funding and will accrue to the benefit of the governmental as a whole. RESOLVED, APPROVED AND ADOPTED this ~ day of ~ , 1994, by the city Council for the City of Aspen, Colorado. (it- 7. (7- -.4 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 Colorado, at a meeting held ~~ city of /1- , Aspen, , 1994. Clerk jw22.1 3 - - FEE 01 '94 03:39PM PITKIN COUNTY RDMIN P.2 ~e{.. ,'. " EXHIBIT A THE INTERGOVERNMENTAL AGREEMENT BETWEEN PITKIN COUNTy, EAGLE COUNTY, GARFmLD COUNTY THE CITY OF GLENWOOD SPRINGS. THE CITY OF ASPEN THE TOWN OF CARBONDALE. THE TOWN OF BASALT, THE TOWN OF SNOWMASS VILLAGE, AND THE COLORADO TRANSPORTATION COMMISSION ) CONCERNING THE PURCHASE AND PUBLIC OWNERSHIP OF THE ASPEN BRANCH OF THE DENVER AND RIO GRANDE WESTERN ;' RAILROAD RIGHT-OF-WAY PARTIES THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this_ day of , 1994, by and between Pitkin County, Eagle County, Garfield County, the City of Glenwood Springs, the City of Aspen, the Town of Carbondale, the Town of Basalt, the Town of Snowmass Village, and the Colorado Transportation Coxnmission (the "Governments"). AUTHORITY This Agreement is entered into, inter alia. pursuant to Section 29-1-201, et seq., C,R.S., and Article XIV, Section 10, of the Colorado COIllltitution. RECITALS ,. WHEREAS, the Governments are duly cOIllltituted governmental entities governed by _ Boards or Councils elected by qualified electors of the counties, cities and towns mentioned above, or is a Commission appointed by the Governor of the State, all of which are located in Colorado; and, WHEREAS, the Governments are desirous of cooperating in the purchase and ownership of a portion of what is known as the Aspen Branch of the Denver and Rio Grande Western Railroad right-of-way (the "Property"). Said purchase will satisfy the mutual, immediate goal of retaining the Property for the good of the general public, and will allow for the development of a comprehensive plan for the highest and best public use of the Property, Public uses of the Property under this future plan shall be as a transportation corridor and can also include recreational opportunities and access to adjacent publ1c lands; and, WHEREAS, The Boards, Councils and Commission of the respective Governments are authorized to execute this Intergovernmental Agreement on behalf of the Governments; and, WHEREAS, the Governments have determined it is in the best interests of the citizens of the Roaring Fork Valley to enter into this Intergovernmental Agreement. OBLIGATIONS OF PARTIES NOW, THEREFORE, the Governments do hereby approve of the Intergovernmental Agreement as follows: '~II {)i., . t' '\ '~" 1 k.,'.. ''II' lA.,. ., ',',It.,',',' 1\ \,' FEE 01 '94 03:39PM PITKIN COUNTY RDMIN P.3 1. Purnose. The purpose of this Intergovenunental Agreement is to establish a cooperative agreement between the Govenunents that will result in the purchase of the Property from the current owner for the benefit of the general public. The Govenunents realize that the best and highest public use of the property is yet to be determined, and can include but is not limited to such improvements necessary to place and operate a public transportation system, public trail, access to public lands, or any combination of these uses. Purchase of the property under this Agreement will in no way preclude any of the potential uses listed above. 2. Participation in the Purchase. The Govenunents agree that participation in the local funding of the ultimate purchase of the Property will be split based equally upon the assessed valuation of property, length of track, the population of people, and the peak: tourist population in each of the Govenunent's area of jurisdiction, Population splits will be based upon the 1990 U.S. Census figures developed by the federal government. The Governments recognize that this cost-sharing arrangement will provide for local participation in the purchase J of the Property, and that significant participation from other sources, such as state and federal . budgets allocations, grant programs, or land exchanges is required to fund the total purchase of the Property, Because of this, tile Colorado Transportation Commission will be excluded from the local funding and ownership formula described above. The si?lit of local financial and ownership participation between the Govenunents is defined, within Exhibit "A" of this document. The cost-sharing arrangement defined within Exhibit "A" applies to the purchase of the Property only, and mayor may not be urilized for future expenditures regarding the Property . The Govermnents, by separate agreement, shall establish the details of financing the purchase of the Property, Such agreement shall comply with Article X, Section 20 of the Colorado Consritution subject to the availability of funds and the lawful appropriation of said funds. :3, Ownership of the Propertv. The Govenunents shall purchase the Property from the current owner based on the level of participation defined above. Ownership in the property shall be an undivided percentage of ownership equal ro the amount of contribution towards the purchase of the property as defined within Exhibit "A", No one Govenunent shall act as the Lead Party in developing and carrying our the purchase of the Property. However, the Governments shall have the authority ro appoint a Lead Party if it is determined that such an appointment is in the best interests of those involved. The Governments are required to conducr ll'Js ownership of the property on behalf of the Govenunents, and will not sell, liquidate or otherwise compromise the existing nature of the property without the approval of the Governments through the managing Board of Directors as defined below. The Governments shall continue to recognize any and all existing easements and licenses granted by the existing Owner upon purchase of the Property. All encroachments on the property shall not be recognized by the GoverIl!llents upon purchase of the Property. 4. M~n~l!ement of the PropertY. a. Board of Directors. The Property shall be managed by the Governments through a Board of Directors (the "Board"). Said Board shall oversee the use and ownership of the property, The Board shall consist of twelve (12) Directors, one (1) each from the nine (9) Govenunents participating in this Intergovenunental Agreement, ~nd three (3) citizen at- large, non-voting members elected by the Board of Directors, Each of the three at-large, non- voting members shall reside in and therefore represent the three counties participating in this Agreement. 2 ,e" (f . '" " (- 'II' ,$...-...,. I '\:! FEE 01 '94 03:40PM PITKIN COUNTY ADMIN P.4 b. Powers and Responsibilities of the Board of Directors, The Board shall meet regularly to discuss matters concerning the management and operation of the Property, and will make decisions effecting this management and operation by majority vote, A majority voter is defmed as comprising at least two-thirds (2/3rds) of the voting members in attendance at the meeting or voting by proxy on a given issue. Each Director representing one of the Governments which have contributed to the purchase of the Property shall have voting privileges, Directors from Governments which have not directly contributed to the purchase of the Property shall have no voting privileges, At large Directors shall have no voting privileges. Each voting Director shall have one vote, and shall be bound to cast votes on issues pursuant to the direction of their respective government body. Provisions will be allowed to enable the governments to cast written proxies when voting on matters of interest to the management of the property. A quorum of at least seven (7) voting Directors will be required to conduct a meeting of the Board. As required by the Colorado Open Meetings Act, meetings of the Board will be adequately noticed in local publications and will be open to the public to attend. Time will be allotted during each meeting for public comment. Management of the Property, and the work or services required to manage the property, will be the responsibility of the Board of Directors, and will not the responsibility of the Governments or their staff. The Board of Directors shall have tJ:Ie ability, if adequately funded, to contract professional services and procure materials and services as necessary to adequately manage the property. The Board of Directors will not have the authority to hire full-time staff J for the management or planning of the Property, j c. Limitations of the Board of Directors. The Board of Directors has no power to levy taxes, charge user fees, or negotiate use agreements for the benefit of Property, The Board of Directors can not bind any of the Governments to actions required under decisions, recommendations or resolutions that are outside of the powers and responsibilities of the Board of Directors. d. Stewardship of the PropertY, The overall goals of the management of the Property are three-fold: i) to negotiate for the purchase of the Property on behalf of the Governments and to act as the Owner of the Property until the termination of this Agreement; ii) to operate the Property in it's existing condition until a comprehensive plan of action is developed to implement a use or uses appropriate and agreeable to all of the Governments. and iii) to develop and have approved such a comprehensive plan. i. The Directors shall appoint a negotiating team for acquisition of ) the Property, The team shall be made up of at least three individuals and shall include at least one elected official. The Negotiating Team shall act as the buyer.> representative and work directly with the Owner to determine the nature of the Property prior to developing agreeable terms for the purchase of the Property. . Once an ownership and ell1CUmbrance evaluation, an opinion of the rights to the Property held by the present owner, and an environmental audit of the Property is conducted and any other terms as defmed by the negotiating team have been met to the satisfaction of all parties, the Property shall be sold to the Directors and retained in the Directors undivided ownership until the termination of this agreement. ii. The Governments agree that, after purchase of the Property has been completed, the Property will be managed to allow for uses now in place. If anyone Government wishes to utilize all or a portion of the Property for a new or different use within the jurisdiction of that Government, it may do so provided that such a use does not preclude the desired future uses as determined by the Board of Directors. It is the responsibility of the Government proposing this new or different use to prove and otherwise insure that the use will 3 I e'e- V' "~ , "e' h ~ \'" .,... l;_ FEE 01 '94 03:41PM PITKIN COUNTY ADMIN P:S I not preclude any desired future use from occurring to the satisfaction of the Board of Directors: The Governments recognize the potential issues surrounding certain existing physical conditions of the Property, in particular existing and proposed at-grade crossings by public rights-of-way and accesses. Placement, modification, improvement and/or relocadon of at-grade crossings will be allowed provided that these improvements follow generally accepted standards and do not result in negatively impacting the preferred future use of the Property. Attached as Exhibit "B" is an inventory of the Property identifying and locating these at-grade crossings and specific standards to be required of possible improvements. lll, The Governments understand that a Comprehensive Plan for the property (hereinafter the "Plan") must be approved prior to development of the property for preferred uses. The Plan shall include the following: Ii A listing and description of possible uses for the property, including but not limited to such improvements necessary to' place and operate a public transportation system, public trail, and/or access to public lands; , - A detailed improvements and op,erations plan for the ultimate preferred use(s) on the property, including a recommended management and funding strategy. The Plan shall be integrated and developed in conjunction with other, eXIstmg planning processes evolving in the valley, including but not limited to the Basalt to Buttermilk Environmental Impact Statement Transit Feasibility Study, the Snowmass to Aspen Transportation Plan, the Mount Sopris Transportation Project, the Buttermilk to Aspen Environmental Impact Statement and the Glenwood Springs Alternate Route Environmental Assessment. The Governments further recognize that Pitkin County presently owns approximately eight (8) miles of the Property as described within Exhibit "C", Currently, this portion of the Property is used by the public as a trail and for recreational access, and has been preserved by Pitkin County as a potential transportation corridor, Pitkin County agrees to bind this portion of the Property to the conditions of this Agreement provided that the existing conditions and policies concerning this ponion of the Property are kept in force until such a time that the Agreement expires or a comprehensive plan for the Property is approved, The Governments shalI develop, consider and approve the Plan for the Property within thirty- six (36) months of the date this Agreement is signed, S. Liouidation of Propenv, It is understood that liquidation or sale of the property will not occur under this Agreement, However, this Agreement recognizes that liquidation of some or all of the Property may occur and allows for this sale only if determined necessary by the Governments as a part of the Plan for the ultimate preferred use of the Property. 6, Entire Atn'eement. This Agreement and the exhibits attached hereto contain the entire understanding of the parties. There are no representations, warranties, covenapts or undertakings other than those expressly set forth herein. This addendum may not be modified or amended except by writing signed by both of the parties hereto, 7. Counterparts. This Agreement may be executed in counterparts and, as executed, shall constitute one addendum binding on all parties hereto notwithstanding that all said parties are not signatory to the original or same Agreement, 4 !I-, '. (-, .. 'It i!' " \, - - FEE 01 '94 03:41PM PITKIN COUNTY RDMIN P.6 8, Recordation. Upon full execution of this Agreement, the Agreement shall be placed of record in the real property records of the Clerk and Recorder of Pitkin County, Eagle County and Garfield County, Colorado, 9. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the panies hereto and their respective heirs, successors and assigns. 10. Unenforceable Provision. If any provision of this Agreement shall be determined [0 be void by any court or competent jurisdiction, such determination shall not effect any .other ' provision hereof, all of which other provisions shall remain in fUll force and effect so long as all the material provisions hereof can be performed. It is the intention of the panies hereto [hat, if any prOVision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, the provision will have the meaning which renders it valid. 11. GoveminlZ Law, The interpretation, construction and performance of the Agreement shall be governed by the laws of the State of Colorado. In the event of any litigation, jurisdiction and venue shall be with the Courts of Pitkin County. Eagle County, or Garfield County, Colorado, 12. Caotions. Paragraph headings are inserted for convenience only and they shall in no way defme, limit or prescribe the scope or intent of this Agreement. TERM OF AGREEMENT This agreement shall remain in full force and effect for thiny-six (36) months, and can be renewed for mutually accepted, subsequent terms until the underlying purposes of this Agreement are met. If any or all of the Governments intend not to renew the Agreement, they shall notify the Board of the intent no to renew. Such notification shall be made in writing at least ninety (90) calendar days prior to the end of any term of the Agreement. AI1y Government choosing not to new the Agreement for an additional term shall forfeit any rights [0 property ownership and control given by this Agreement. EXECUTION EXECUTED the date first written above. BOARD OF COUNTY COMMISSIONERS PITKIN COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS EAGLECOUNTY,COLORADO Bob Child, Chairman Chairman BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO CITY COUNCIL GLENWOOD SPRINGS, COLORADO 5 'e ~, ".... FEB 01 '94 03:42PM PITKIN COUNTY ADMIN P.? I J Chairman Mayor CITY COUNCIL CITY OF ASPEN, COLORADO TOWN COUNCIL CARBONDALE,COLORADO Mayor TOWN COUNCIL TOWN OF BASALT, COLORADO Mayor TOWN COUNCIL SNOWMASS VILLAGE, COLORADO , Mayor Mayor COLORADO DEPARTMENT OF TRANSPORTATION COLORADO TRANSPORTATION COMMISSION (e Chairman tA, ~'. ATTEST: APPROVED AS TO FORM: Jeanette Jones, Deputy County Clerk 101m Ely, Assistant County Attorney 6 ",-,',., ~1., ,'e., ~f \ "~, ...'".. \\., - -- FEE 01 '94 03:42PM PITKIN COUNTY ADMIN P,S .," EXHIBIT . A" Formula to Split Financial and Ownership Participation % Aspen Snowmass Village 23% 13% Pitkin County (unincorporated) 20% Basalt 1% Eagle County (Unincorporated) 6% Carbondale 4% Glenwood Springs 17% Garfield County (unincorporated) 16% TOTAL 100% , .". ........,.... ...' ~. '_,II_""".==-->'", 7 ) I - ~l\ '.' '. '\<. Ile,! \,';. "< a (. FEE 01 '94 03:42PM PITKIN COUNTY ADMIN P.9 . '.. EXHIBIT "B" Existing Inventory of the Property Standards and Specifications for Improvements to At-Grade Crossings 8 .III a..I:Q' ~/ " (e, '\<.. FEB 01 '94 03:42PM PITKIN COUNTY RDMIN P.10 -, "'" EXHlliIT "C" ......... ". l.egalDl:sc:tiption of the Portion of the Property Owned by Pitkin County . ~-_..,"" "_.'--e,.~__"'__'__"__ ..... ,,- 9 -