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Home My WebLink Aboutresolution.council.012-94 Ie.,. \\. { (- II' II fl.. \~, ~'" RESOLUTION NO. ill. Series of 1994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN AND THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY RELATIVE TO THE REUDI HYDROELECTRIC PLANT AND HYDROELECTRIC DEPARTMENT. WHEREAS, there has been submitted to the City Council an intergovernmental agreement between the City of Aspen and the Board of County Commissioners of Pitkin County, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that intergovernmental agreement between the City of Aspen and the Board of County Commissioners of Pitkin County, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Managcr of the City of Aspen to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the d</ day of .;1e'R.u~,J~^I/ , 1994. ~ '/. (;7~- J 1m 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 on the day hereinabove stated. iga.rcs ~ ., e e j ~ ;.:;,c; ((~J '~d:L 'tGf'>- . 'J' (7\-7 l../C....- 1"/'1/ INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF ASPEN AND PITKIN COUNTY THIS INTERGOVERNMENTAL AGREEMENT is adopted this ~j/ day of ;;J~. , 1994, by and between the city of Aspen, a home rule city of the State of Colorado (hereinafter the "city") and Pitkin county, a home rule county of the State of Colorado (hereinafter the "county"). WHEREAS, the parties to this agreement entered into an intergovernmental agreement dated October 11, 1983, for the purpose of establishing a city/County Hydropo~er Department to construct the Ruedi hydropower plant (hereinafter the "project"); and WHEREAS, said intergovernmental agreement set forth the manner in which net revenues from the project would be distribut- ed as follows: (1) 30% to the city; (2) 30% to the County; (3) 20% to the Ruedi Water and Power Authority; and (4) 20% to the joint city-County Water Trust; and WHEREAS, the parties to this agreement adopted a joint resolution (County Resolution No. 85-66, city Resolution No. 15 (Series of 1985)) on June 10, 1985, which set forth certain policies, procedures and formulas to be used for the determina- tion of the net revenues of the project and restated the distri- bution formula adopted by the October 11, 1993, intergovernmental agreement; and WHEREAS, the construction of the project has been completed and a city/county Hydropower Department is no longer required; and WHEREAS, the joint city-County Water Trust was terminated by mutual consent of the parties and formally repealed by the City Council of the city by adoption of Resolution No. 82 (Series of 1993); and WHEREAS, the parties desire to reallocate net revenues from the project and to formally terminate the City-County Hydropower Department. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows: -.. ~ ~ ~ e 1. Net revenues from the production of electricity at the Ruedi hydroelectric plant and subsequent sale by the city of Aspen shall be distributed as follows: 50% to the City; 30% to the County; and 20% to the Ruedi Water and Power Authority. 2. The city agrees to be amenable to the receipt of funding proposals from the Ruedi Water and Power Authority for projects as determined appropriate by that body; provided, however, that a funding request is accompanied by a funding commitment from other governmental entities cqmmensurate with the projected benefit to be received by those governmental entities. 3. The October 11, 1983, intergovernmental agreement is hereby superceeded by this agreement. The City-County Hydropower Department created by the October 11, 1983, intergovernmental agreement is hereby abolished and all duties relating to the operation and maintenance of the Ruedi Hydropower Plant shall be assumed by the City. 4. It is understood by the parties hereto that, notwith- standing anything contained herein to the contrary, the City shall retain its legislative authority to establish, alter or amend electric utility rates it charges to its residential and commercial electric utility customers. 5. This intergovernmental agreement may be terminated by either party upon ninety (90) days written notice to the other party. 6. The parties hereby agree that the distribution formula for net revenues set forth at section 1 hereinabove shall be annually reviewed by the City prior to the adoption of the City's annual budget. Amendments to the net revenue distribution formula shall be made no later than November 30 of the calendar year prior to the year of the proposed amendment. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. CITY OF ASPEN, COLORADO By: ~~~ ~~/ ATTEST: 2 fA - e ~ ,., , BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: ATTEST' -".,-~,~~ MUItIl",/t'./r"ltu,tlM tJM4 ill t:1",,",~ ~ ., - fa A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN AND THE BOARD OF PITKIN COUNTY COMMISSIONERS REGARDING THE RUEDI HYDROELECTRIC PLANT AND RELATED MATTERS Resolution # 94-~ RECITALS 1. Pitkin County and the City of Aspen are joint license- holders to the Ruedi Hydroelectric Plant and are therefore jointly responsible for decisions regarding the operation and maintenance of that facility. 2. The Pitkin County Commissioners, the Aspen City Council, and the Ruedi Water and Power Authority have discussed the operations and distribution of revenue from the Ruedi Hydroelectric Plant and have mutually determined to amend the Intergovernmental Agreement of October 13, 1983 which addresses matters relating to that facility. 3. The attached Intergovernmental Agreement reflects those amendments pursuant to the discussion and agreement of the parties: NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of pitkin County, Colorado, that the Inter- governmental Agreement between the City of Aspen and Pitkin County, a copy of which is attached hereto and incorporated herein, is hereby approved and authorized for execution by the Chairman of the Pitkin County Board of Commissioners. AND BE IT FURTHER RESOLVED that this Agreement supersedes and replaces all previous Agreements between the parties regarding these matters. 1 INTRODUCED, FIRST R.~AD, AND SE~\R \ PUBLIC HEARING AT THE REGULAR MEETING ON THE 'r \ DAY OF '. \. , 1994. \i'-" \:j. .VI, NOTICE OF P;t&l~&~1 HEARING PUBLISHED IN THE ASPEN TIMES ON THE I..:J-DAY OF ~ ' 1994. APPROVED AND AD~~~fD AFTER SECOND READING AND PUBLIC HEARING ON THE ~\\ DAY OF .Jl-l-t.t-' 1994. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES ON THE .~ DAY OF l\J.Y\~', 1994. ~ .' ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO BY~~z;;-z&~ Robert W. Child, Chairman Date: <-<<) ! I /9 f , I MANAGER APPROVAL: APPROVED AS TO FORM: r \ 'M\::S~' Mark W. Fuller, Director of Development " \ 7(6V\~ ~l:sl~'--\ Reid Haughey County Manager e Timothy E. Wh' County Attorne 2 e pcmwf:wp:rwapa.resp