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HomeMy WebLinkAboutresolution.council.077-93 'ft .~. \\, "'<. 0i8'... ~~ ~ "< e../.' i~ ~ RESOLUTION NO. /'f /f Series of 1993 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN, THE TOWN OF SNOWMASS VILLAGE AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN RELATING TO A COMPREHENSIVE V ALLEY TRANSPORTATION PLAN, AND AUTHORIZING THE CITY MANAGER AND MA YOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an intergovernmental agreement between the City of Aspen, the Town of Snowmass Village and the Board of County Commissioners of the County of Pitkin relating to a Comprehensive Valley Transportation Plan, 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, the Town of Snowmass Village, and the Board of County Commissioners of the County of Pitkin relating to a Comprehensive Valley Transportation Plan, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager and the Mayor 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 :25 day of tJc!-'I!-t..e/L.-_ . 1993. ~t;~ 5. (7~ John S. Bennett, Mayor '~e... '\l " - ,\II' "ft'. ~: ~. 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. slark.rcs ~'.e'... " \\,~ e' ~ . f. '01 - INTERGOVERNMENTAL AGREEMENT COMPREHENSIVE V ALLEY TRANSPORTATION PLAN THIS INTERGOVERNMENTAL AGREEMENT ("Agreement"). is made and entered into as of this ;2.b day of Oc-!z:,bz.r- , 1993, by and among the CITY OF ASPEN, Colorado, a home-rule municipal corporation ("City"), THE TOWN OF SNOWMASS VILLAGE, Colorado, a home-rule municipal corporation ("Town"), and the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN, Colorado, a body corporate and politic ("County"). WIT N E SSE T H: WHEREAS, the parties to this Agreement have the authority pursuant to Article XIV, Section 18, of the Colorado Constitution and Section 29-1-201, et seq., of the Colorado Revised Statutes, to enter into intergovernmental agreements for the purpose of providing any service or performing any function which they can perform individually; and WHEREAS, the Aspen City Council, the Town Council of the Town of Snowmass Village, and the Pitkin County Board of County Commissioners adopted Joint Resolution No. 61 (Attached hereto as Exhibit "A") which: .. Adopted a Comprehensive Valley Transportation Plan ("Plan") establishing a framework for a comprehensive mass transportation strategy for the Roaring Fork River Valley, appended hereto as Exhibit "B" and incorporated herein by this reference; .. Set forth procedural steps to be taken by the parties to implement the Plan, including the execution of this intergovernmental agreement; and. .. Set forth the parties' mutual understanding for a specific process for funding the Plan and other mass transportation elements; and WHEREAS, the Aspen City Council, the Town Council of the Town of Snowmass Village, and the Pitkin County Board of County Commissioners adopted Joint Resolution No. 62 (Attached hereto as Exhibit "C") which adopted specific elements to be funded from the proceeds of transportation revenue bonds as issued' at such times and in such amounts as the parties may from time to time agree, subject to the approval by the electorate of all proposed bonds at a county-wide election(s); and WHEREAS, in accordance with said Joint Resolution No. 61 the County has submitted to the Pitkin County electorate a proposed county-wide one-half (112) cent sales tax and one-half (112) cent use tax to fund the Plan and other mass transportation elements to be voted upon at a county-wide election to be held on November 2, 1993 (a copy of the ballot question is appended hereto as Exhibit "D" and by this reference incorporated herein); and - ~ -\"'. -" ~ ''II' e WHEREAS, in accordance with said Joint Resolution No. 61 the County has submitted to the Pitkin County electorate a ballot question at the November 2, 1993, election seeking authority to increase County debt by a principal amount of up to $13,650,000.00 by the issuance of revenue bonds for the purpose of financing improvements in the p\Jblic mass transportation system within the Roaring Fork River Valley consistent with the Plan (a copy of the ballot question is appended hereto as Exhibit "E" and by this reference incorporated herein.) WHEREAS, the City and Town have urged and will continue to urge their respective constituent electors to vote in favor of the above referenced ballot questions; and WHEREAS, the parties hereto wish to further define and clarify the method and process by which the implementation of the Plan will be funded. NOW, THEREFORE, for and in consideration of the niutual covenants and agreements of the partics, and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: Purpose. I. This Intergovernmental Agreement is designed and intended to define and clarify the method and process by which the parties have agreed to fund and implement the Plan. Comprehensive Valley Transportation Plan. 2. The parties hereby reaffirm by this Intergovernmental Agreement that Exhibit "B" as attached hereto shall be and is hereby adopted as the Comprehensive Valley Transportation Plan for addressing mass transportation problems and issues in the Roaring Fork River Valley. 3. The parties hereby agree to conduct regular public meetings of representatives of the three jurisdictions and other invited members of the public to continue to refine and agree upon proposed projects and transportation elements consistent with or complementary to the Plan, as may be amended from time to time. 4. Amendments to the Plan shall become effective only upon the adoption of a joint resolution approved by each of the governing bodies of the parties to this Agreement formally amending relevant portions of Joint Resolutions No. 61 and 62. 5. The parties hereto agree to utilize their best efforts to seek and obtain funding from local, state, federal, and private sources to finance the various elements of the Plan. These efforts shall include, when deemed necessary, seeking voter approval for increased sales and use taxes as well as bonding authority for specific projects as they are developed and agreed upon by unanimous consent of the parties hereto. Approval of One-Half Cent Sales and Use Taxes. 6. In the event that the above referenced county-wide one-half (1/2) cent sales tax and use tax increase is approved by the electors of Pitkin County at the November 2, 1993, election, the 2 -, t}ic Ii" ~.. '. ~.. . County hereby agrees to annually fund or finance the following elements of the Plan in amounts equal to the annual revenue generated by the aforementioned sales taxes: a. Improvement and enhancement both of hours and frequency of down-valley bus transportation by the purchase and operation of five (5) additional buses (2 buses for Aspen to Snowmass and 3 buses for down-valley commuter service (the B-line identified in the Plan)). b. Construction and operation (including associated design, engineering and feasibility studies) of a separate, dedicated transit-way between downtown Aspen and the airport ( the A-line identified in the Plan), and between the Aspen and Snowmass (the C-line identified in the Plan). c. Acquisition and operation of park-n-ride or intercept lots in the general area of the Brush Creek intersection with Highway 82 and the Airport/Buttermilk Ski area. d. Any additional elements of the Plan as identified by the unanimous consentofthe parties following a regular public meeting as contemplated by Section 3 hereinabove. 7. In the event that the above referenced county-wide one-half (112) cent sales tax and use tax increase is approved by the electors of Pitkin County at the November 2, 1993, election, the County hereby agrees to annually fund or finance the following elements of the Plan in amounts eqllal to the annual revenue generated by the aforementioned use taxes: a. Any share attributable to the City, the Town, and the County, for the purchase of the Denver & Rio Grande right-of-way for trails or other mass transportation purposes. b. Any additional elements of the Plan as identifIed by the unanimous consent of the parties following a regular public meeting as contemplated by Section 3 hereinabove. Annual Renewal and Termination. 8. The term of this Intergovernmental Agreement shall be from the date first stated above through December 31, 1994. and shall automatically be renewed for successive one-year periods thereafter. This Intergovernmental Agreement may be terminated for any reason by any party upon ninety (90) days written notice to the other parties; provided, however, that the one-half (1/2) cent sales and use taxes referenced above have not been rescinded and the County continues to receive revenues from said taxes. Miscellaneous. 9. This Intergovernmental Agreement may be modified only by written amendment approved by all parties acting separately. 3 (A. ~. tit, \- '\:~. e,; ~ ~ 10. Nothing contained in this Agreement shall mean or be construed to mean that an individual party to this Agreement may not fund or implement a specific element of the Plan or some other transportation related project without the consent of the other parties; provided, however, that such an independent action will not delay or frustrate the implementation of other elements of the Plan. II. [f any provision of this Agreement or the application thereof to any person, entity, or circulTlstances is held invalid, such invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provisions or application, and to this end the provisions of this Agreement are declared to be severable. 12. The parties agree that in the event of a breach or default by any party under any provision of this Agreement they shall be entitled to an injunction to prevent default or further default, damages, and attorneys' fees, as the case may be, and also to a decree for specific performance of any of the obligations hereunder. 13. This Intergovernmental Agreement is not intended to create any right in or for the public, or any me:nber of the public, including any contractor, supplier or any other third party, or to authorize anyone not a party to this Intergovernmental Agreement to maintain a suit to enforce or take advantage of its terms. The duties, obligations and responsibilities of the parties with respect to third parties shall remain as imposed by law. 14. Each party represents that it has the specific power and authority to enter into and consummate this Agreement according to law and that it has followed the proper legal procedures to authorize those persohs whose names are subscribed below to execute this Agreement and obligates that party to perform this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Agreement on the day and year first above written. CITY OF ASPEN, COLORADO: By: ) 'I. (7~- v..... , ATTEST: / ,j~ " ,.' ~^-" I; J~ . . APPROVED AS TO FORM: .-'-",\ /~/ ,,-,9-. i/ /.V![ /?&'(I~.-/;:(A" r" 4 (Il. d\.... ' "'. ..... ...... y ~\~ "'" Ie.. " ~. ATTEST: APPROVED AS TO FORM: ATTEST: APPROVED AS TO FORM: TAXES.]G/\ - -..-. - BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN: By: TOWN OF SNOWMASS VILLAGE: By: 5 ~.' \W "e (1.. %--, ~ - C 13 - / ::lO INTERGOVERNMENTAL AGREEMENT COMPREHENSIVE V ALLEY TRANSPORT A TION PLAN THIS INTERGOVERNMENT~AGREEMENT ("Agreement"), is made and entered into as of this 1'1#1. day of 0. J': L. , 1993, by and among the CITY OF ASPEN, Colorado, a home-rule municipal corporation ("City"), THE TOWN OF SNOWMASS VILLAGE, Colorado, a home-rule municipal corporation ("Town"), and the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN, Colorado, a body corporate and politic (" County"). WIT N E SSE T H: WHEREAS, the parties to this Agreement have the authority pursuant to Article XIV, Section 18, of the Colorado Constitution and Section 29-1-201, e[ seq., of the Colorado Revised Statutes, to enter into intergovernmental agreements for the purpose of providing any service or performing any function which they can perform individually; and WHEREAS, the Aspen City Council, the Town Council of the Town of Snow mass Village, and the Pitkin County Board of County Commissioners adopted Joint Resolution No. 61 (Attached hereto as Exhibit" A") which: . Adopted a Comprehensive Valley Transportation Plan ("Plan") establishing a framework for a comprehensive mass transportation strategy for the Roaring Fork River Valley, appended hereto as Exhibit "B"; . Set forth procedural steps to be taken by the parties to implement the Plan, including the execution of this intergovernmental agreement; and . . Set forth the parties' mutual understanding for a specific process for funding the Plan and other mass transportation elements; and WHEREAS, the Aspen City Council, the Town Council of the Town of Snowmass Village, and the Pitkin County Board of County Commissioners adopted Joint Resolution No. 62 (Attached hereto as Exhibit "C") which adopted specific elements to be funded from the proceeds of transportation revenue bonds as issued at such times and in such amounts as the parties may from time to time agree, subject to the approval by the electorate of all proposed bonds at a county-wide election(s); and WHEREAS, in accordance with said Joint Resolution No. 61 the County has submitted to the Pitkin County electorate a proposed county-wiele one-half (1/2) cent sales tax and one-half (112) cent use tax to fund the Plan and other mass transportation elements to be voted upon. at a county-wide election to be held on November 2, 1993 (a copy of the ballot question is appended hereto as Exhibit" D" and by this reference incorporated herein); and WHEREAS, in accordance with said Joint Resolution No. 61 the County has submitted to the Pitkin County electorate a ballot question at the November 2, 1993, election seeking authority 'e'. ~ ~~- e e' '2 :t'c;J . to increase County debt by a principal amount of up to $13,650,000.00 by the issuance of revenue bonds for the purpose of financing improvements in the public mass transportation system within the Roaring Fork River Valley consistent with the Plan (a copy of the ballot question is appended hereto as Exhibit "E" and by this reference incorporated herein.) WHEREAS, the City and Town have urged and will continue to urge their respective constituent electors to vote in favor of the above referenced ballot questions; and WHEREAS, the parties hereto wish to further define and clarify the method and process by which the implementation of the Plan will be funded. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements of the parties, and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: PUI)2ose. I. This Intergovernmental Agreement is designed and intended to define and clarify the method and process by which the parties have agreed to fund and implement the Plan. Comprehensive Valley Transportation Plan. 2. The parties hereby reaffirm and incorporate herein as Exhibit "B" the Comprehensive Valley Transportation Plan for addressing mass transportation problems and issues in the Roaring Fork River Valley. 3. The parties hereby agree to conduct regular public meetings of representatives of the three jurisdictions and other invited members of the public to continue to refine and agree upon proposed projects and transportation elements consistent with or complementary to the Plan, as may be amended from time to time. 4. The parties further agree that the amount of all expenditures and all projects to be funded with revenues derived from the county-wide one half (1/2) cent sales and one half (1/2) cent use tax as described in paragraphs 7 & 8 below shall be agreed upon by all three parties in advance of any such expenditure andlor project as evidenced by a resolution duly adopted by the governing bodies of each party, 5. Amendments to the Plan shall become effective only upon the adoption of a joint resolution approved by each of the governing bodies of the parties to this Agreement formally amending relevant portions of Joint Resolutions No. 61 and 62. 6. The parties hereto agree to utilize their best efforts to seek and obtain funding from local, state, federal, and private sources to finance the various elements of the Plan. These efforts shall include, when deemed necessary, seeking voter approval for increased sales and use taxes as well as bonding authority for specific projects as they are developed and agreed upon by unanimous consent of the parties hereto. 2 ~ \11' ~ '. e Approval of One-Half Cent Sales and Use Taxes. 7. In the event that the county-wide one-half (1/2) cent sales tax and use tax increase is approved by the electors of Pitkin County at the November 2, 1993, election, the County. with the advice and consent of the City and Town, hereby agree to annually fund or finance from sales tax revenues the following elements of the Plan: a. Improvement and enhancement both of hours and frequency of down-valley bus transportation by the purchase and operation of five (5) additional buses (2 buses for Aspen to Snowmass and 3 buses for down-valley commuter service (the B-line identified in the Plan)). b. Construction and operation (including associated design, engineering and feasibility studies) of a separate, dedicated transit-way between downtown Aspen and the airport ( the A-line identified in the Plan), and between the Aspen and Snow mass (the C-line identified in the Plan). c. Acquisition and operation of park-n-ride or intercept lots in the general area of the Brush Creek intersection with Highway 82 and the Airport/Buttermilk Ski area. d. Any additional elements of the Plan as identified by the unanimous consent of the parties following a regular public meeting as contemplated by Section 3 hereinabove. 8. In the event that the above referenced county-wide one-half (112) cent sales tax and use tax increase is approved by the electors of Pitkin County at the November 2, 1993, election, the COllnty, with the advice and consent of the City and Town, hereby agrees to annually fund or finance from use tax revenues the following elements of the Plan: a. Any share attributable to the City, the Town, and the County, for the purchase of the Denver & Rio Grande right-of-way for trails or other mass transportation purposes. b. Any additional elements of the Plan as identified by the unanimous consent of the parties following a regular public meeting as contemplated by Section 3 hereinabove. Annual Renewal and Termination. 9. This Intergovernmental Agreement may not be terminated unless and until such time as both the one-half (1/2) cent sales and use taxes referenced above have been rescinded, whereupon any party may terminate the agreement upon ninety (90) days written notice to the other parties. J tA. 1\. e .'" ~ Miscellaneous. 10. This Intergovernmental Agreement may be modified only by written amendment approved by all parties acting separately. II. Nothing contained in this Agreement shall mean or be construed to mean that an individual party to this Agreement may not independently fund or implement a specific element of the Plan or some other transportation related project without the consent of the other parties. 12. If any provision of this Agreement or the application thereof to any person, entity, or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provisions or application, and to this end the provisions of this Agreement are declared to be severable. 13. This Intergovernmental Agreement is not intended to create any right in or for the public, or any niember of the public, including any contractor, supplier or any other third party, or to authorize anyone not a party to this Intergovernmental Agreement to maintain a suit to enfOrce or take advantage of its terms. The duties. obligations and responsibilities of the parties with respect to third parties shall remain as imposed by law. 14. Each party represents that it has the specific power and authority to enter into and consummate this Agreement according to law and that it has followed the proper legal procedures to authorize those persons whose names are subscribed below to execute this Agreement and obligates that party to perform this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Agreement on the day and year first above written. CITY OF ASPEN, COLORADO: ~:5 (3~ By: ATTEST: APPROVED AS TO FORM: 4 . .' \~,- ,....... \- ~ ATTEST: APPROVED AS TO FORM: TAXES.lGA BOARD OF COUN COMMISSIONERS OF THE COUN PITKIN: By: TOWN OF SNOWMASS VILLAGE: By: 5 ft', '~ ,-i',-,_.. /' e, "l .'..,. .~,. .)':..; ..'~- CtJ3-1 ;lcJ INTERGOVERNMENTAL AGREEMENT COMPREHENSIVE VALLEY TRANSPORTATION PLAN THfS INTERGOVERNMEN~;' AGREEMENT ("Agreement"), is made and entered into as of this /'1ti day of 0-' ...:C. i. . , 1993, by and among the CITY OF ASPEN, Colorado, a home-rule municipal corporation ("City"), THE TOWN OF SNOWMASS VILLAGE, Colorado, a home-rule municipal corporation ("Town"), and the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN, Colorado, a body corporate and politic ("County"). WIT N E SSE T H: ----------- WHEREAS, the parties to this Agreement have the authority pursuant to Article XIV, Section 18, of the Colorado Constitution and Section 29-L201, er seq., of the Colorado Revised Statutes, to enter into intergovernmental agreements for the purpose of providing any service or performing any function which they can perform individually; and WHEREAS, the Aspen City Council, the Town Council of the Town of Snowmass Village, and the Pitkin County Board of County Commissioners adopted Joint Resolution No. 61 (Attached hereto as Exhibit "A") which: . Adopted a Comprehensive Valley TTansportation Plan ("Plan") establishing a framework for a comprehensive mass transportation strategy for the Roaring Fork River Valley, appended hereto as Exhibit "B"; . Set forth procedural steps to be taken by the parties to implement the Plan, including the execution of this intergovernmental agreement; and . Set forth the parties' mutual understanding for a specific process for funding the Plan and other mass transportation elements; and WHEREAS, the Aspen City Council, the Town Couilcil of the Town of Snowmass Village, and the Pitkin County Board of County Commissioners adopted Joint Resolution No. 62 (Attached hereto as Exhibit "C") which adopted specific elements to be funded from the proceeds of transportation revenue bonds as issued at such times and in such amounts as the parties may from time to time agree, subject to the approval by the electorate of all proposed bonds at a county-wide election(s); and WHEREAS, in accordance with said Joint Resolution No. 61 the County has submitted to the Pitkin County electorate a proposed county-wide one-half (1/2) cent sales tax and one-half (112) cent use tax to fund the Plan and other mass transportation elements to be voted upon at a county-wide election to be held on November 2, 1993 (a copy of the ballot question is appended hereto as Exhibit "D" and by this reference incorporated herein); and WHEREAS, in accordance with said Joint Resolution No. 61 the County has submitted to the Pitkin County electorate a ballot question at the November 2, 1993, election seeking authority e;" 'i " e ~ ~- to increase County debt by a principal amount of up to $13,650,000.00 by the issuance of revenue bonds for the purpose of financing improvements in the public mass transportation system within the Roaring Fork River Valley consistent with the Plan (a copy of the ballot question is appended hereto as Exhibit. "E" and by this reference incorporated herein.) WHEREAS, the City and Town have urged and will continue to urge their respective constituent electors to vote in favor of the above referenced ballot questions; and WHEREAS, the parties hereto wish to further define and clarify the method and process by which the implementation of the Plan will be funded. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements of the parties, and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: Purpose. 1. This Intergovernmental Agreement is designed and intended to define and clarify the method and process by which the parties have agreed to fund and implement the Plan. CompTehensive Valley Transportation Plan. 2. The parties hereby reaffirm and incorporate herein as Exhibit "B" the Comprehensive Valley Transportation Plan for addressing mass transportation problems and issues in the Roaring Fork River Valley. 3. The parties hereby agree to conduct regular public meetings of representatives of the three jurisdictions and other invited members of the public to continue to refine and agree upon proposed projects and transportation elements consistent with or complementary to the Plan, as may be amended from time to time. 4. The parties further agree that the amount of aU expenditures and all projects to be funded with revenues derived from the county-wide one half (112) cent sales and one half (112) cent use tax as described in paragraphs 7 & 8 below shall be agreed upon by all three parties in advance of any such expenditure and/or project as evidenced by a resolution duly adopted by the governing bodies of each party. 5. Amendments to the Plan shall become effective only upon the adoption of a joint resolution approved by each of the governing bodies of the parties to this Agreement formally amending relevant portions of Joint Resolutions No. 61 and 62. 6. The parties hereto agree to utilize their best efforts to seek and obtain funding from local. state, federal, and private sources to finance the various elements of the Plan. These efforts shall include, when deemed necessary, seeking voter approval for increased sales and use taxes as well as bonding authority for specific projects as they are developed and agreed upon by unanimous consent of the parties hereto. 2 ~ 'II' - e Approval of One.Half Cent Sales and Use Taxes 7. In the event that the county-wide one-half (1/2) cent sales tax and use tax increase is approved by the electors of Pitkin County at the November 2. 1993, election, the County. with the advice and consent of the City and Town, hereby agree to annually fund or finance from sales tax revenues the following elements of the Plan: a. Improvement and enhancement both of hours and frequency of down- valley bus transportation by the purchase and operation of five (5) additional buses (2 buses for Aspen to Snowmass and 3 buses for down-valley commuter service (the B-line identified in the Plan)). b. Construction and operation (including associated design, engineering and feasibility studies) of a separate, dedicated transit-way between downtown Aspen and the airport (the A-line identified in the Plan), and between Aspen and Snowmass (the C-line identified in the Plan). c. Acquisition and operation of park-n.ride or intercept lots in the general area of the Brush Creek intersection with Highway 82 and the AirportlButtermilk Ski area. d. Any additional elements of the Plan as identified by the unanimous consent of the parties following a regular public meeting as contemplated by Section 3 hereinabove. 8. In the event that the above referenced county-wide one-half (1/2) cent sales tax and use tax increase is approved by the electors of Pitkin County at the November 1, 1993. election, the County, with the advice and consent of the City and Town, hereby agrees to annually fund or finance from use tax revenues the following elements of the Plan: a. Any share attributable to the City, the Town, and the County, for the purchase of the Denver & Rio Grande right-of-way for trails or other mass transportation purposes. b. Any additional elements of the plan as identified by the unanimous consent of the parties following a regular public meeting as contemplated by Section 3 hereinabove. Termination 9. This Intergovernmental Agreement may not be terminated unless and until such time as both the one-half (1/2) cent sales and use taxes referenced above have been rescinded, whereupon any party may terminate the agreement upon ninety (90)days written notice to the other parties. 3 t,~ 0. e ~,'.8 ~'fI \I~ . '" .....-.- Miscellaneous. 10. This Intergovernmental Agreement may be modified only by written amendment approved by ail parties acting separately. II. Nothing contained in this Agreement shall mean or be construed to mean that an individual party to this Agreement may not independently fund or implement a specific element of the Plan or some other transportation related project without the consent of the other parties. 12. If any provision of this Agreement or the application thereof to any person, entity, or circumstances is held invalid, such invalidity shall not aifect other provisions or applications of the Agreement which can be given effect without the invalid provisions or application, and to this end the provisions of this Agreement are declared to be severable. 13. This Intergovernmental Agreement is not intended to create any right in or for the public, or any member oi the public, including any contractor. supplier or any other third party, or to authorize anyone not a party to this Intergovernmental Agreement to maintain a suit to enforce or take advantage oi its terms. The duties. obligations and responsibilities oi the parties with respect to third parties shail remain as imposed by law. l4. Each party represents that it has the specific power and authority to enter into and consummate this Agreement according to law and that it has followed the proper legal procedures to authorize those persons whose names are subscribed below to execute this Agreement and obligates that party to perform this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Agreement on the day and year tlrst above written. CITY OF ASPEN, COLORADO: By: ~ 7, LJ:~ ATTEST: dm~l-~ APPROVED AS TO FORM: " (~. ~- A rE T: APPR ATTEST: e~~ ~ tJ~I'O:.~) -. '+'.i 0,',_ APPROVED AS TO FORM: V~~ TAXES.IGA BOARD OF COUN COMMISSIONERS OF THE COUN PITKIN: By: TOWN OF SNOWMASS VILLAGE: By: 5 , -- << 61.. .' ~. -.:r,< _' SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 45 SERIES OF 1993 A RESOLUTION APPROVING AN INTER GOVERNMENT AL AGREEMENT BETWEEN THE TOWN OF SNOWMASS VILLAGE. THE CITY OF ASPEN AND PITKIN COUNTY, ADOPTING THE COMPREHENSIVE V ALLEY TRANSPORTATION PLAN WHEREAS, the Town Council of the Town of Snow mass Village, the Aspen City Council. and the Pitkin County Board of County Commissioners have developed a Comprehensive Valley Transportation Plan; and WHEREAS, the Town of Snowmass Village has adopted Joint Resolution NoAl. Series of 1993. which specifies the execution of an intergovernmental agreement between the parties I prior to the November 2. 1993 county-wide election; and WHEREAS, the Intergovernmental Agreement has been prepared in order to formalize previous efforts and to define and clarify the method and process by which the parties have agreed to fund and implement the plan. NOW. THEREFORE. BE IT RESOLVED by the Town Council of the Town of Snowmass Village. Colorado: B.'.re.'.. \y '<, Section One: Approval of Agreement That the Intergovernmental Agreement attached hereto as Exhibit A and incorporated herein by this reference. is hereby approved. Section Two: Authorization That the Mayor is hereby authorized and directed to execute the Intergovernmental Agreement on behalf of the Town and to take such actions as are necessary and proper to carry out the intent of the Agreement. INTRODUCED, READ AND ADOPTED, as amended, by the Town Council of the Town of Snowmass Village, Colorado on the 1st day of November. 1993 by a vote of Q to Q. Councilmember Blake was absent. 11.'. ArrEST: ~('~~~)~ Trudi Worline. Town Clerk ASS VILLAGE ...lIlIIIII ~e. lit (~ fA \. e, \" "', OCT 12 '93 11:10 TOWl'l OF SNOWMASS VILLAGE P.2/8 EXHIBIT "An A JOINT RESOLUTION OF THE BOARD of COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, THE TOWN COUNCIL OF SNOWMASS VILLAGE, COLORADO, AND' THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROVING A COMPREHENSIVE VALLEY TRANSPORTATION PLAN AND ENDORSING A ONE-HALF (1/2) CENT SALES TAX AND ONE-HALF (1/2) CENT USE TAX TO FUND ELEMENTS OF SAID TRANSPORTATION PLAN. Resolution # ~, RECITALS 1. The Aspen City council ("Aspen"), the pitkin county Board. of County. commissioners ("County"), .and the Town council of Snowmass village ("TOSV"), are working together to solve common transportation problems; and 2. Aspen, TOSV and county' have previously adopted a joint resolution identifying a conceptual framework for a comprehensive 1:ransportation strategy for the Roaring Fork Valley, a copy of ,.,hich is attached hereto as Exhibit "A"; and. 3. Aspen, TOSV and County have continued to work coopera- tively to further refine short and long-term county-wide strategies addressing transportation problems; and 4. Aspen', TOSV and County now wish to set forth their mutual understanding for a comprehensive Valley Transportation Plan and the process for funding and implementing the plan; and. 5. Aspen, TOSV and County have agreed to submit to pitkin County voters a county-wide one-half (1/2) cent sales tax and one- half (1/2) cent use tax measure at a November 2, 1993 county-wide election, the revenues from which would fund implementation of the elements of the Comprehensive Valley Transportation Plan as set forth below. . NOW, THEREFORE, BE IT RESOLVED by Aspen,. TOSV and county.that. . Exh.ibit "B" as attached. hereto shall be and is hereby adopte,d' as the comprehensive Valley Transportation Plan for addressing transportation problems and issues in the Raaring Fork Valley. . BE' IT' FURTHER RESOLVED THAT: i. Revenues from the one-half (~/2) cent sales tax shall be used only for the following general elements of the comprehensive Valley Transportation Plan: (a) To improve and enhance both hours and frequency of down-valley bus transportation by purchasing and operating five additional buses (2 buses for Aspen ~. .. _1" , ~- .' ,n' . \~ '\"" OCT 12 '93 11'11 TOWN OF SNOWMASS VILLAGE P.:3/8 to Snowmass and 3 buses for down~valley commuters (the B-line); (b) For construceion and operational costs (including. associated design, engineering and feasibility studies) of a separate, dedicated transit-way between downtown Aspen and the airport (the A-line) and between Aspen and Snowmass (the C-line) ; (c) To fund operational and/or acquisition costs of park-and-;,:idel intercepe lots at both Brush Creek and the Airpor~/Buttermilk area; (d) To under~ake such other projects which fit within the general framework of the overall comprehensive plan and which are approved by amendmene to this Resolution. 2. Revenues from the one-half (1/2) cent use tax'shall be used first for the Aspen, TOSV and County share of the purchase of the Denver & Rio Grande right-of-way for trails and/or transporta- tion purposes. BE IT FURTHER RESOLVED. THAT the following steps shall betaken to implement the comprehensive valley Transportation Plan by the parties: 1. The execution of an intergovernmental agreement between Aspen, TOSV and county prior to the November 2, 1993 county-wide election that shall, at a minimum, mandate that all reve.nues derived from the one-half (1/2) cent sales/use taxes be spent only on chose transportation projects or services as agreed upon by all three jurisdiccions; 2. Obtain voter approval of the one-half (1/2) centcounty~ wide sales/use taxes for transportation; 3. Conduct regular public meetings of representatives of the three. jurisdictions and other invited parties so as to continue to refine and "-gree upon proposed projects ,,-s well as to pursue additional funding from local, private, state and federal sources to supplement the one-half (1/2) cent sales/use tax revenUQS; 4. Seek and obtain, if necessary,. voter approval for bonding for specific projects as they ,,-redeveloped and agreed upon; 5. not ,pass, alternate In the event the one-halt (1/2) cent sales/use taxes dCI the parties shall continue to work together to pursue funding sources necessary to implement the plan and shall 2 fa e,.... f,. "c:, tA '. --- OCT 12 '93 11:11 TOiJ'l OF SNOWMASS VILLAGE P.4/8 proceed with implementation of those elements of the plan as can be supported from existing or other future revenue sources. AND BE IT FURTHER RESOLVED AND DECLARED THAT Aspen, TOSV and county strongly endorse and urge passage by the pitkin county electorate of the proposed county-wide one-half (1/2) cent sales and use taxes to fund mass transportation as to be voted upon at a county-wide election on November 2, 1993. APPROVED AND ADOpTED AT cOUNTY BOARD OF COMMISSIONERS 1993. THE REGU~u...- MEETING OF :;qiE~ PITKIN, ON THIS I '1' DAY OF ~. Jean~~Oh,- Deputy County Clerk BOARD OF COUNTY PITKIN By: wil MANAGER APPROVAL: (.6~ J::h/~3 Reid Haughey county Manager APPROVED AND ADOPTED AT THE REGULAR MEETI~~. OF THE CO~CIL OF SNOWMASS VILLAGE, COLORADO, ON THIS ~~ DAY OF \'~;,r~V' OJ) I 1993. \S~WMAS~ VILLAGE TOW~ COUNCIL ~. ,LJ6-<O. _0 I Trudy Worline, Town Clerk TOWN MANAGER APpROVAL: ~~~. rCary su~~r, Town Manager .- AS TO FORM: .Steve Conner, Town Attorney J -- ~ . ~~, . (I OCT 12 '93 11: 12 TOWN OF SNOWMASS VILLAGE PiS/8 APPROVED AND ADOPTED AT THE REGULAR MEETING OF 'rHE ASPEN CITY COUNCIL, COLORADO, ON THIS DAY OF , 1993. clerk ;"PPROVAL: ~ 7, /}.--;:::Ir Joh S. Bennett, Mayor APPROVED AS TO FORM: ~ <=- ....1.-- 'tt) . Edward M. Caswall city";..ttorney 4 EXHIBIT "B" Comprehensive Vollev Transportation Plan .c.~~~ ~::-~G ?idB LG:s 1-70 1-70 ..." Existing or soon to be finished roods ~ ","'nIOT'~" 'Ti'",~;rrTTe" 'I""OS'I Viml "~~.. __~,.L,-":,,,,L;;:;,,i_~,\;I" "", I I',,",, ~~="'" r"~~',' "_'C:J~:~!-t':S! I,;:~S >-'::::v 0 ,:;~'i:~.Jilrnenml:V Linabtrusi'ie Enhanced Dawn Valley Bus System 'The B-Line" 010 minute heaclways at peak times olonger operating hours HOV High Occupancy Vehicles o Pork and Ride lots Ii) Traffic Unhts Basalt l!J ' 4 lone nwv Wi 2 iones restricted to HOV at peak hours Snowmass Village 0"= o Enhanced Bus and Shuttle Routes - o Dial-A-Ride o Bike and Pedestrian Improvements Woody Creek Brush Creek Pork & Ride Lot J Lane Hwv 1'1/ 2 lanes restricted to HOV at peak hours I Highlands "' O} Multi-Modal Transit Center o Information . Pork & Ride ':T:!O<3[i rurol rood w/shurtle .-,snell ~::~ .,inion "' It! Il-: i,,~ :JH1l8G/ UGUiCCI2t! ::~nsi1 GU:':Trlcred Pmkina Downtown Paid Parking Cross Town Shuttles Priority Uses for 1/2 ( Sales/Use Tax " .. I' "" " r. "~1nrcve(! UG'Nn vOlley (jus ~vstem - '-"n t ' ('\ l '-':1 . '(' !:n ' ~.,I.r~,1I0n .-.",0 , ",LeI .. "'oiic f\CaUISiTion or DRG ROW Ria Grande Paid Parking Garage olnformonon Aspen o Enhanced Bus & Shuttle Routes o Oial-A-Ride o Bike & Pedestrian Impravements o Neighbarhood Park & Rides East End Paid Parking Garage (Conceptual) GlOphi~by Woggamonllluslmlion Seplt6-93 Independencli Pass tA '''1 - ., 1&_1" ~. " OCT 12 '93 11:12 TOWN OF SNOWMASS VILLAGE P.6/8 EXHIBIT "e" A JOINT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, THE TOWN COUNCIL OF SNOWMASS VILLAGE, COLORADO, AND THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, CONFIRMING THE TRANSPORTATION PROJECTS DESIGNA TED TO BE FUNDED FROM THE PROCEEDS OF TRANSPORTATION REVENUE BONDS. Resolution # Co 2. RECIT ALS. 1. The Aspen City Council ("Aspen"), the Pitkin County Board of County Commissioners ("County"), and the Town Council of Snow mass Village ("TOSV"), have jointly agreed to work together to solve common transportation problems; and 2. Aspen, TOSV and County have previously adopted joint resolutions to: 1) identify a conceptual framework for a comprehensive transportation strategy for the Roaring Fork Valley, and 2) approve a comprehensive valley transportation pian and endorse 9ne-half (1/2)cem county-wide sales/use taxes to fund elements of said plan; and 3. It is the intent of Aspen, TOSV and County to maximize other revenue sources prior to issuing public debt; and 4. Local public funding will be supplemented to the greatest extent possible by additional federal, state, and private funding for transportation improvements within the . Roaring Fork Valley; and 5. The Roaring Fork Transit Agency ("RFTA") will continue to aggressively pursue federal grant revenues; and 6. RFTA fare structure, operating schedules andlor routes will continue to be evaluated and revised to maximize cost efficiency and effectiveness. NOW. THEREFORE, BE IT RESOL VEn by Aspen, TOSV and County that the following project list (Exhibit A) shall be adopted as those designated projects to be funded from the proceeds of transportation revenue bonds as iss\1ed at such times and in such amounts as the parties hereto may from time to time agree; subject to the approval by the electorate of all proposed bonds at a county-wide.election(s). " OCT 12 '93 11:12 TOWN OF SNOWMASS VILLAGE P.7/8 ,.It n\1. . $: %, '<, TRANSPORTATION REVENUE 'BONDS: POTENTIAL PROJECTS 1993 Proiects Estimated Cast Boncl Size(l) Annl.lal Debt Repayment Service (2) Funding Source ..--....- ---- 5 replacement buses & spare cogine 1,290,000 1,498,000 170,000 (12) existing 1 %Sl\les tax 5 replacem<nt buses 1.235,000 1.434,000 162.000 (12) new, to be detennined 5 new buses for cI.Y & S.Y. 1.235,000 1,434.000 162.000 (12) """" 1/2 % saI... tax 3 new buses for lot shullle 741.000 860.000 97,000 (12) new parking re-vcuues Rio Grande ROW 5.000,000 . 5,805.000 532.000 (20) new 112% use tax for $200.000 remndr from state. & dv govls. 9.501.000 ll.031,000 1,123,000 -- 2 par\c-and-ride lots 2,250.000 2,612,000 239,000 (20) state or private, ottwrwise to be ------- ------ decerminccl 11.751,000 13,643,000 1,362.000 ---..-- ----- 1994 ProiecL< Sepatllle Dcclicated Transit Way (A-Line ancl C.Line) . Estimated Cost Boncl Size Debt Source 1 1 ? . New 112% saJgs tax . Federal Slate . FlUB bolt - Private EXHIBIT A ta ., -- ~ . (A \\- OCT 12 '93 11:13 TOWN OF SNOWMASS VILLAGE P.8/8 APPROVED AND ADOPTED A TTHE REGULAR MEETING OF THE PITKIN COUNTY BOARD OF COMMISSIONERS ON THIS l~ DAY OF ~. ' , [993. . Jea~~fr- Deputy County Clerk MANAGER APPROVAL: -;0L:t It) \1 ''''3 Reid Haug ey County Manager BOARD OF COUNTY COMMISSIONERS PITKIN COU , COLORADO By: Wi iam uite, Ch'airrnan APPROVED AS TO FORM: A. PPROVED AND ADOPTED AT THE REGULAR MIEETIN<t9fTHE TOWN C~CIL OF SNOW MASS VILLAGE, COLORADO, ON THIS ~ DAY OF c;:r~ ,1993. . ,\Q lJ eQ ~ i Ll'\U O,-~ Trudy Worline, Town Clerk MANAGER APPROVAL: n~!~' Gary SUIter, Town Manager AGE TOWN COUNCIL . APPROVED AS TO FORM: Steve Conner, Town Attorney . APPROVED AND ADOPTED A T THE REGULAR MEETING OF THE ASPEN CITY COUNCIL. COLORADO, ON THIS 1 DAY OF ~ ~ r;-"" hu. 1993. , <:, . '5.....-. :.A:- - John . Bennett, Mayor ., Ie,.,...... 'i\1 ,. e' '1. ~~,." ".,.e.. ~8 'Ii... --. - , OCT 12 '93 11'13 TOWN OF SNOWMASS VILLAGE P.9/8 '.' MANAGER APPROV AL: APPROVED AS TO FORM: ~\Y).~. Edward M. Caswall City Attorney '-.. ~\II' ~ 'II' e" ~. ~'" Exhibit "D" 1/2% SALES AND USE TAX TO FUND MASS TRANSPORTATION IMPROVEMENTS SHALL PITKIN COUNTY TAXES BE INCREASED UP TO $2,870,0001 ANNUALLY BY THE IMPOSITION OF AN ADDITIONAL ONE-HALF OF ONE PERCENT SALES TAX AND AN ADDITIONAL ONE-HALF OF ONE PERCENT USE TAX2 COMMENCING JANUARY 1, 1994, AND THEREAFTER, FOR THE PURPOSE OF INCREASING AND IMPROVING THE PUBLIC MASS TRANSPORTATION SYSTEM WITHIN THE ROARING FORK VALLEY; such mass transportation system improvements to be approved by intergovernmental agreement between Pitkin County, the City of Aspen, and the Town of Snowmass village and to include but not be limited to (i) increased and improved bus service, including, where feasible, the conversion of diesel-powered buses to cleaner- burning alternative fuels, (ii) park-and-ride facilities, (iii) participating with Roaring Fork Valley governments and/or others to acquire the Denver and Rio Grande railroad right-of-way for transportation and related trails and open space uses, and (iv) a fixed guide-way public transportation system on a separate right- of-way (such as a busway, monorail, light-rail or similar mechanical transit system) connecting Aspen, Snowmass and downvalley locations within the Roaring Fork Valley and developed with the participation of federal, state, and private entities; the proceeds of such one-half of one percent use tax to be utilized first for the acquisition of the Denver and Rio Grande railroad right-of-way (unless an acceptable purchase agreement cannot be reached) and then for other public mass transportation system improvements; the proceeds of both taxes to be supplemented to the greatest extent possible by additional federal, state, and private funding for public mass transportation system improvements within the Roaring Fork Valley; and the receipt, collection and expenditure of the full proceeds of such sales and use taxes to not be limited by Article X, section 20 of the Colorado Constitution (except that the first full fiscal year's collections may not exceed the estimated dollar amount stated above) and to not thereby otherwise limit the receipt, collection or spending of any other revenues or funds by Pitkin County? Note: As authorized by state statute, approval of this question will result in an aggregate sales tax rate in the incorporated areas of the county in excess of the current seven percent statutory limit. The aggregate sales tax rate in the remainder of the County would be 6.5 percent. (1) The estimated maximum amount to be collected in 1994 from the proposed sales and use tax, calculated as the amount that would have been collected in 1992 ($2,049,159 from the sales tax plus $246,746 from the use tax) and increased by 25%. (2) Use tax is collected on motor vehicles and building materials purchased outside of the county and brought into the county for use. ,- ."'" ~~" .~ "\:!! - 1111 . Exhibit "E" TRANSPORTATION REVENUE BONDS SHALL PITKIN COUNTY DEBT BE INCREASED A PRINCIPAL AMOUNT OF UP TO $13,650,000 WITH A REPAYMENT COST OF UP TO $29,725,0001 BY THE ISSUANCE AND PAYMENT OF REVENUE BONDS AT THE BEST AVAILABLE NET EFFECTIVE INTEREST RATE NOT TO EXCEED 8 1/2% PER ANNUM, AND WITH A MATURITY DATE NOT TO EXCEED 21 YEARS FROM THE DATE OF ISSUANCE, FOR THE PURPOSE OF INCREASING AND IMPROVING THE PUBLIC MASS TRANSPORTATION SYSTEM WITHIN THE ROARING FORK VALLEY; such mass transportation system improvements to be approved by intergovernmental agreement between pitkin county, the City of Aspen, and the Town of Snowmass village and to include but not be limited to (i) increased and improved bus service, including, where feasible, the conversion of diesel-powered buses to cleaner- burning alternative fuels, (ii) park-and-ride facilities, and (iii) participating with Roaring Fork Valley governments and/or others to acquire the Denver and Rio Grande railroad right-of-way for transportation and related trails and open space uses; such bonds to be issued in one or more series, with or without a premium for redemption prior to maturity, and upon such other terms as the Board of County Commissioners of Pitkin County may determine, Pitkin County being authorized (i) to refund the bonds; (ii) to pledge sales and use taxes and any legally available revenues of the transportation system in an amount sufficient to pay the principal of, premium, if any, and interest on the bonds and any refunding bonds when due; and (iii) to receive, collect and spend the proceeds of the bonds and any refunding bonds and the revenues from such taxes and revenues and any earnings from the investment of such proceeds and revenues without application of the revenue and spending limitations of Article X, section 20 of the Colorado constitution and without thereby otherwise limiting the receipt, collection or spending of any other revenues or funds of Pitkin County? (1) Maximum repayment cost calculated as the sum of the equal annual installmen.ts required to repay principal of $13,650,000 plus interest at 8 1/2% over 21 years. The actual interest rate, term and repayment cost could be lower but not higher.