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HomeMy WebLinkAboutresolution.council.079-93 . Ie t ~e. '\'. . . ~. 3.3 {JG...... RESOLUTION NO. 79 Series of 1993 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A REVISED INTER GOVERNMENT AL 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 MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a revised 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 revised intergovernmental agreement between the City of Aspen, the Town of Snow mass 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. the , ~NTRODUC~ AND ADOPTED by the City Council of the City of Aspen on r day of . ~ 1993. Q.4 5. (}~l- f~hn S. Bennett, Mayor 'e' '. 't !~ ~\." f.. ~- 'e1 "s "''- 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. ~, taxes.res 'e i" \%' \)), " I,e,'.. \'0 '\'''- ,'It...... \;~ t, V\c- MEMORANDUM ~ THE CITY OF ASPEN CITY ATTORNEY'S OHICE TO: Mayor and Members of Conncil John P. WorcesteL~ November 4, 1993 ~. FROM: DATE: RE: Resolution Approving Revised Comprehensive Valley Transportation Plan Intergovernmental Agreement Attached for your consideration is a resolution which if approved would authorize the Mayor to execute a revised IGA for the Comprehensive Valley Transportation Plan. Following Council's approval of the IGA at its last meeting, the Snowmass Village Town Council considered the IGA and failed to approve it as they wanted some language changes made to it first. Gary Suiter, Steve Conner, Amy Margerum. Jed Caswall, Tom Oken, and myselfmet the next day and made some changes to the lOA which we felt would be acceptable to each of the governing bodies. The changes that were made are as follows: 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 (112) cent sales and one half (112) cent use taxasdescribed in paragraphs 7 & 8 below shall be ~i~~1~;~~~e~~~~iiiigj~xllr~f~'i~!~~~f~~i~i~~9~ixil~i~~~R~~i;~~~i~~ """""'I""""P""""""~"" 11. Nothing contained in this Agreement shall mean or be construed to mean that an individual party to this Agreement may not ig~p~j).~~i1\IX fund or implement a specific element of the Plan or some other transporiationrelated project without the consent of the other parties ; pro'.ided howe'.cr, that sCleh an indcpefl6eflt actioH will not delay or frastratc the impIcmCfltatiofl of othcr elefflcnts of the FlaIl. 13. Tho parties a-grec that in the cvcnt of a breach or default by aHy party un6cr any pfO';'ision of this Agreement they shall be efltitled to an injuflctioll to prcvellt defaalt or furthcr default, damages, and attorneys' fees, as the ease may be, aRd also to a decroe for spccifie performance of allY of the obligations hereunder. 1 I~a. \;~- ~(A.. ~. ''It i'J It'.... <'ii",. INTERGOVERNMENTAL AGREEMENT COMPREHENSIVE VALLEY TRANSPORTATION PLAN THIS INTERGOVERNMENTAL AGREEMENT ("Agreement"), is made and entered into as of this day of , 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"; .. 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 aspecific 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 (1/2) cent sales tax and one-half (1/2) 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 (fA.. ., ~8" ~, ",-", 1M _ 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 consideTation 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. 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 (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 ie.,'.... 1.<" I'i );" - . e, N '~~~, 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 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 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 2, 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. 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. 3 @_..'... Ie'; 0\~ '\\" (It.....'.... ,., ~ It-. I;. Miscellaneous. 10. This Intergovernmental Agreement may be modified only by written amendment approved by all parties acting separately. 11. 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 member 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 Tespect 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: By: (tLv '7, (? ~:::J.>6 I ATTEST: ~,1 1Z:.A':7~.... ~/.~' J:.. UJA>' r , APPROVED AS TO FORM: .-) // Z?1 ;tc;;' / ." n, ,J; '.. ~._...,r-; ". /7f/LJ!- po. 4 ~ ~- RpR 05 '94 1,,:=>3 IOWN OF :,NowrIH"" VILLHGt. ATTEST: .~~: > Lj".O.' 11_' \li,.< ~" J ) - APPROVED AS 1'0 FORM: y~~'~ TAXE.'i.1G^ . l'. (/ ( BO^RD OF COUN" COMMISSIONERS OF THE COUN ' . PITKIN: . 13y: , , TOWN OF SNOWMASS VILLAGE: By: 5 'e' r$ . ,~\<. &.'e. ~ "" ifllt. . I" 1(~\, ~ ATTEST: APPROVED AS TO FORM: ATTEST: APPROVED AS TO FORM: TAXES.lGA BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN: By: TOWN OF SNOWMASS VILLAGE: By: 5 . (t, "'.. '" '1\" _I.'.. ~'" "q~ C en - / :>-cJ ~",,~,dc /7 6~ l {h..-<-Jr(-"'.... ;-y ,r..- INTERGOVERNMENT AL AGREEMENT COMPREHENSIVE V ALLEY TRANSPORT A TION PLAN THIS INTERGOVERNMENTe AGREEMENT ("Agreement"), is made and entered into as of this l'fti day of 0 j;L 1. ' 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 S S f T H: WHEREAS, the parties to this Agreement have the authority pursuant to Article XIV, Section 18. of the Colorado Constitution and Section 29-1-101, 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 Transportation Plan ("Plan") establishing a framework for a comprehensi ve 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 tlie 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?roceeds of transportation revenue bonds as issued at such times and in sUFh 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 (1/2) cent use tax to fund the Plan and other mass transportation elements to be voted upon at a county-wide election to be held 011 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 -;;, 1993, f.lectio:l seeking authority . e"'. ,1 ~\,. - 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 wi;l be funded. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements of the parties. and other good and valuable consideration'l the adequacy and sufficiency of which IS hereby acknowledged, the parties agree as follows: pU!1)ose. 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. Comorehensive Val1ev Transoortation Plan. '1 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. , The parties hereby agree to conduct regular public meetings of ,-epresentatives 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. c\. The parties further agree that the amount of all expenditures and a 11 projects to be funded with revenues derived from the county-wide one half (1/2) cent sales ami 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 and/or project as evidenced by a resolution duly a(:opted 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 speci fic projects as they are developed and agreed upon by unanimous consent of the parties hereto. , ~A t" It ~ -y ~. ~< e . IB.... - 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. \2. 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 decla.red to be severable. , 13. This Intergovernmental Agreement is not intended to' create any right in or for the public, or any member 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. \4. Each party represents that it has the speciflc 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: By: ~ '7. (;~ ATTEST: '~~rf~ APPROVED AS TO FORM: , .~.'. %., g_ IN. \'y, 'q ",," @e, \\} ~Ii:__ p.V8 OCT 12 "33 11: 1\3 TO~ Of SI'lOWM'65 VIW'\GE EXHIBIT "A" A JOINT RESOLUTION OF THE BOARD OF COUNTY CONMISSIONERS of PI'rKIN COUNTY, COLORADO, THE TOWN COUNCIL OF SNOWMASS VILLAGE, COLORADO, AND' THE cITY COUNCIL OF THE CITY OF ASPEN, COLORADO APPROV1NG A COMPREHENSIVE vALLEY TRANSPORTAT10N PLAN AND ENDORSING A ONE-HALF (1/2) cENT SALES TAX AND ONR--HALF (~/2) CENT USE TAX TO FUND ELEMENTS OF SAID TRANSPORTATION pLAN. Resolution # C;/ RECITALS 1. The Aspen city council ~"Aspen"), the pitKin county Eoard of county commissioners ("county") I . .and t..'J.e Town council of snowmass Village ("TOSV") I are working togethe.r to solve common transportation problems; and 2. Aspen, TOSV and county have previously adopted a joint resolution identifying a conceptual framework for a comprahensive 1:.ransportation strategy for the Roaring Fork Valley I a copy of 'o'Ihich 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 funning 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, ~993 county-wide elec~ion, 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 liB" as attached. hereto shall be and is here~'.y a.dopte,d" as the comprehensive valley Transportation plan fo:: addressing transportation problems and issues in the Rctaring Fo:t:'k' Valley. BE' IT' FURTHER RESOLVED THAT: i. Revenues from the one-half (~/2l cent sales tax shall be used onlY for the following general elements of the comprehensive valley Tra.nsportation 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 kGpen (,.. . t- !. ~_." ci .,~ P.~O OCT 12 "33 11: 11 TOloi'l OF 5HQWMASS VIUJ'lGE .. to snowmass arid 3 buses for do~n~valley commuters (the B-line); (0) For cons~ruc~ion and operational costs (including. associated design, engineering and feasibility s~udies) of a separate, dedicated transit-way between downtown Aspen and the airport (the A-line) and between Aspen and snowmass (the C-line) ; (c) '1'0 fund operational and/or acquisition costs of parK-and-!:ide/ intercept lotS at both Brush creel< and the Airporc/Bu~teroill< area; (d) TO undercake such other projects which fit within the general f=amework of the overall comprehensive plan and whicr. are approved by amendment:. ~o. this Resolucion. 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 be taken 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 revenues derived from the one-half (1/2) cent sales/use taxes be spent only on those transporta~ion projectS or services as agreed upon by all three jurisdictions; 2. Obtain voter approval of the one-half (1/2) cent county- wide sales/use taxes tor transportation; 3 _ conduc~ regular public meetings of representatives; of the three' jurisdictiOns and other invited parties so as, t.O continue to refine and agree upon proposed projects as Irlell as to pursue additional funding from local, private, state and federal sources to supplement the one-half (1{2) cent sales/use tax ravenu~s; 4 . Seek and obtain, if necessary,. voter approval for bonding for specific projects as theY are developed and agreed upon; 5. not ,pass, alternate In the event the one-half (1{2) cant sales/use taxes do the parties shall continue to work together to pursue funding sources necessary to implement the plan and snalJ 2 ,... - e*.. %\; '(.. ~e" \~ ',. r'.........~ OCT 12 "33 11: 11 T~ OF SI'lCW1A55 v rLL"1Gf: proceed with implementation of tnose 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 coun'Cy stronglY endorse and urge passage oy the pitkin County elec'Corate of the proposed county-wide one-halt (~/2) cent sales and use. taxes to fund mass transportation as to be voted upon at a CQun'Cy-wide elec'Cion on November 2, 1.993- ."'PPROVE:D AND 4\DOPTED AT THE REGUL.~ MEETING OF 'ftiE.J- PITKIl,l COUNTY BOARD OF COMMISSIONERS ON irHIS I <.fJ'" DAY OF .:::r: 1993. ~~I Jeanecte Jones /"0' DepU'CY County ClerK BoARD OF COUNTY PITKIN By: wil MANAGER APPROVAL: ~i.f- I::!!l~~ Reid Haughey councy Manage.r APPROVED AND ADOPTED AT THE REGULAR MEETI}!~. OF THE ca~CIL 0' 'NaWMASS VILLAGE, coLORADO, ON THIS 4~ aAY OF ~'~vO,...Q...l) ,1.993. \St?WMAS~ VILLAGE TOW~ COUNCIL ~, . ~ . -' l DIU. 0, ~ 0 I Trudy Worline, Town Clerk Jam TOWN MANAGER APPROVAL: ~. ('Gary sUJ. e.L, Town Manager TO FOli.M: .steve Conner, Town Attorney ,. ] -- e' ,'I.; xi \)\,.. \It.' ." ;k "", ocr 12 '93 11:12 TCUt OF SNQWMASS VI~ .'. p,S/8 APPROVED AND ADOPTED AT THE REGULAR MEETING OF 'rHE ASPEN CITY coUNCIL, COLORADO. ON THIS DAY OF ' ~993. hPPROVAL: ~..,' {J~ Joh S. Bennett, Mayor APPROVED AS TO fORM: ~'tij . \ Edward M. caswall city' Attorney 4 ..am \ Snowmass Village 0", . Enhanced Bus and Shuttle Routes - , Oial-A-Ride Ii, Bike and Pedestrian Improvements '1'- -- EXHIBIT "B" Comprehensive Vollev Transportation PIon [-70 1-70 .. ~ .. Exisling or soon to be finished roods ~ :.~:~.S:;~.~;;;.:.::~~~;::~;~c ::~;;S;i ::: ...:::,.; ~ _ .,::;;ffiem::::': ;j;::::::'.:~:';: Enhanced Down Volley Bus System "The B-Line" 010 minule headw~ys at peak times . oLanger operating nours HOV High O(cuponcy Vehicles o Pork and Ride lots ~ TrofficUghts Basalt . <\ lane nwv w / ~ ;Qnes leSlflC1eo TO HOV at 'JeaK hours ~urai rooo w ishurrle Woody Creek Brush Creek Park 8. Ride Lol .: Lane M\':V WI 2 \ones resTricreo TO HOV ot ;)em~ nours , Multi-Modal Transit Center o Informonon . Pork & Ride Highlands O~\ __."._.. _'H' I rurolrooaw/shul1!e +.)uCll : ~ ......" '::\ :,.,.. --~ .:.:;JEQ: ,.,::::C:::;Cl :.~~:;: : \' ;,;_:~::!(reG f:7Kl!'., Cross Tow,l Shuttles Dowmown laid Parking Priority Uses for 1/2 ( Sales/Use Tax ( '~~jrc\'::a J.,},;'.'n '1oilev !ius YiSiem '~s~r:.::::~rl ~,' '::10 C' ~:::es ."'Jlfe ,;.CCUlsilion or ORG ROW Aspen .....:', :",':: :..:~;; ~.::s Grophicsbv 'iloggomofliiiustTOnOfl '~T 1/.."1 Independencb Poss ~ - e, '\ '- e, ~\ . "" P.b/8 OCT ~2 '<::.3 11: 12 TOWN OF SNOWMASS VILLf'lGE: 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 DESIGNATED TO BE FUNDED FROM THE PROCEEDS OF TRANSPORTATION REVENUE BONDS. Resolution # (02. RECITALS. " 1. The Aspen City Council (" Aspen"), the Pitkin Coumy Board of County Commissioners (" County"). and the Town Council of Snowmass Village ("TOSV"), have jointly agreed to work together to solve common transportation probiems; and 2. Aspen, TOSV and County have previously adopted joim resolutions to: 1) identify a conceptual framework for a comprehensive transportation strategy for the Roaring Fork Yaney, and 2) approve a comprehensive valley transportation plan 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 transponation improvements within the . Roaring Fork Valley; and S. The Roaring Fork Transit Agency ("RFT A") will continue to aggressively pursue federal grant revenues; and 6. RFTA fare structure, operating schedules and/or routes will continue to be evaluated and revised to maximize cost efficiency and effectiveness. NOW. THEREFORE, BE IT REOL VED 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 issued 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 ~roposcd bonds at a county-wideelection(s). -". \" '0 '~, &e' '" \\ '\~<~ .. ., ., OCT 12 "33 11: 12 T()l.tl OF SNCIWl1'65 VIt..LAGE P.7/8 TRANSPORTATION REVENUE BONDS: POTENTIAL PR01Ecrs 1993 Proiects 5 replllCement buses & sp.!l.fC engine 5 repl1cem<nt b= 5 neW buses for d.v & s.V. 3 ntNI buses for lot shunle Rio Grande ROW 2 park.and-ride lots 1994 Pro;ecL< Estima,ed Cas, 1,290,000 1.235,000 1.235.000 141,060 5,000,000 9,501.000 .2.250,000 ---- 11,751,000 ..----- Sep1C1te De.dic>.ted Transit Way (A-Line lUld C.Line) EstiII\ll.ted Cost --- o Bond Siz.e(l) 1,498,000 1,434,000 1,434,000 860.000 5,805.000 ---- 11.031.000 2.612.000 -- 13.643.000 BOlld Size ? EXHlBITA Annual Debt Rep3yment Service (2) Funding Smm:e 170.000 (12) existing 1 % sales' taX 162,000 (12) new, to be determined 162.000 (12) new 112% d'" ~ 97.000 (12) new puking revenues 532,000 (20) new 112 % ~ taX for S200,ooo r~mndr from sll.te & dv gov,s. 1.123,000 239,000 (20) stale or private. othtuwiso to be d=rmined 1,362.000 ~ Debt Source ? . New 1/2%...L::s tax _ Fed.oral Stale _ FIlll' boJt - Private OCT 12 '93 11: 13 TOIM OF ~ VILU'lGE P.8/8 _ APPROVED AND ADOPTED A TTHE REGULAR MEETING OF THE PITKIN COUNTY BOARD OF COMMISSIONERS ON TIUS l'-Vl" DAY OF -s..~. . , [993. .' . Jea?::::~fr-- Deputy County Clerk MANAGER APPROVAL: ~ttL. \0\ l\~'3 Reid Haughey County Manager BOARD OF COUNTY COMMISSIONERS PITKIN COU , COLORADO By: Wi APPROVED AS TO FORM: " APPROVED AND ADOPTED AT THE REGULAR MEETING~9f:THE TOWN C~CIL OF SNOWMASS VILLAGE, COLORADO, ON THIS~ DAY OF ~~ ,1993. . ~a ., ,\Q~~~~ ,Il)~ - Trudy Worline, Town Clerk MANAGER APPROVAL: ~r;~ Gary SUIter, Town Manager AGE TOWN COUNCIL APPROVED AS TO FORM: Steve Conner, Town Attorney . APPROVED AND ADOPTED ATTHEREGlJLAR MEETING OF THE ASPEN CITY COUNCIL. COLORADO, ONTHlS 1 DAY OF "~J'l77"~. 1993. e' Ii; 'Ill" John :.d~ ~ ~. -- -I, it, " -. OCT 12 '93 11: 13 TCUI oF ,::::-IOW'1ASS yrUJ'lGE P.9/8 .- MANAGER APPROV AL: APPROVED AS TO FORM: ~~,~. Edward M. Caswall City Attorney " ~ ~. ~ '. I'... ~. - - - Exhibit "0" 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 Va~ley 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) materials Use tax is collected on motor vehicles and building purchased outside of the county and brought into the ".'..-" &, \i:!: \,k ''-\,., e,. +\ "'''- '~.:_. ~y ~:\."" 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 EXCEEDS 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 syst~m 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? . I (1) MaXImum repayment cost calculated as the sum of ~he equal annual installmen'i:s required to repay principal of $1.3,650,000 plus ' interest at 8 1/2% over 21. years, The actual interest rate, term and repayment cost could be lower but not higher. ~ \. -,..... \'i, \~ e. 4 \~\;., C en - / ;LO INTERGOVERNMENTAL AGREEMENT COMPREHENSIVE V ALLEY TRANSPORT A TION PLAN THIS INTERGOVERNMENTe AGREEMENT (" Agreement"), is made and entered into as of this 1'1&1 day of :7 t"t: 1-. ' 1993, by and among the CITY OF ASPEN, Colorado, a home-rule municipal corporation ("City"), THE TOWN OF SNOW MASS 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 S S t T H: WHEREAS, the parties to this Agreement have the authority pursuant to Article XIV, Section 18. of the Colorado Constitution and Section 29-1-20 l, 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 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 ?roceeds 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 (1/2) cent use tax to fund the Plan and other mass transportation elements to be voted upon at a coullty-wide election to be held on November 2, 1993 (a copy. of the ballot question is appended hereto as Exhibit "0" 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, e1ectio:l seeking authority e,:.... ~" '-"""- -, ~-. ^<.. .... - to increase County debt by a principal amount of up to $13,650,000.00 by the issuance of revcnue 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 wijl be funded. NOW THEREFORE. for and in consideration of the mutual covenants ;md agreements of the . . - parties. and other good and valuable consideratio", the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: PUffiose. t. 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 Vallev 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 hcreby agree to conduct regular public meetings of ;'epresentatives 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 Inay be amended from time to time. 4. The parties further agree that the amount of all expenditures and <111 projects to be funded with revenues derived from the county-wide one half (1/2) cent sales and one half (l/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 and/or project as evidenced by a resolution duly a,',opted 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 spccific projects as they are developed and agreed upon by unaninlOuS consent of the parties hereto. e", 1{ '% 1<- ~, \. I. \. 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 decla,red to be severable. , , 13. This Intergovernmental Agreement is not intended td create any right in or for the public, or any n1ember 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, \4. 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: By: ATTEST: APPROVED AS TO FORM: , ~" ~. (A, \\. ~e', ' ",' 'if ~ Avr~T: ,)J;!Atttc- 1 ,I 2 / A TIEST: APPROVED AS TO FORM: TAXES.lG^ BOARD OF COUN COMMISSIONERS OF THE COUN PITKIN: BY\ . \ f . . TOWN OF SNOWMASS VILLAGE: By: 5 -"", .,. e .. ~\. - P.2/8 OCT 12 '93 11: 10 TO~ OF Sl'IOWMAS5 VIW',GE EXHIBIT nA" A JOINT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNT~, COLORADO, THE TOWN COUNCIL OF SNOWMASS VILLAGE, COLORADO, !l.ND THE CIT~ COUNCIL OF THE CIT':l 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 # C;I RECITALS 1. The Aspen City council ("ASpen"), the pitkin county Board of county, Commissioners ("county") I ,.and the Town council of snowmass Village ("TOSV") I are working together to solve common transportation problems; and 2. Aspen, TOSV and CQuntyhave previously adopted a joint resolution identifying a conceptual framework for a comprehensive transportation strategy for the Roaring Fork Valley, a copy of "",hich is attached hereto as Exhibit "A"; and. J. 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 . Exhibit "B" as attached. hereto shall be and is here~'.y adopte,d' as the comprehensive valley Transportation Plan fo'; addressing transportation, problems and issues in the Raaring Fo:ck. Valley. BE' IT' FURTHER RESOLVED THAT: i. Revenues from the one-halt (~/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 A!iper ~ q., ~, \\. ~e' '%\ , ''''- p . 3/tl OCT 12 '93 11:11 TOWN OF SNOWMASS VILLAGE to snowmasS arid 3 buses for down~valley commuters (the B-line); (0) For construction and operational costs (including- associated design, engineering and teasibility studies) of a separate, dedicated transi.t-way between downtown Aspen and the airport (the A-line) and between Aspen and SnOwma55 (the c-line) ; (c) To fund operational and/or acquisition costs of park-and-;,:ide/ intercept 10'C5 at both Brush Creek. and the Airport/Buttermilk area; (d) TO undertake such other projectS which fit within the general framework of the overall comprehensive plan and which are approved by amendment to this Resolution. 2. Revenues from the one-half (1/2) cent use ta~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 be taken 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 el.ection that shall, at a minimum, mandate that all revenues derived from the one-half (1/2) cent sales/use taxes be spent only on those transportation projectS or services as agreed upon by all three jurisdictions; 2. Obtain voter approval of the one-half (1/2) centcounty~ wide sales/use taxes for transportation; 3. conduct regular public meetings of representativQS of the three' jurisdictions and other invited parties so as. t',D continua to ref ine and agree upon proposed proj ects as we~l as to pursue additional funding from local, private, state and federal sources to supplement the one-half (1/2) cent sales/USe tax revenu~s; 4. seek and obtain, if necessary,. voter approval for bonding for specific projects as they are developed and agreed upon; 5. not ,pasS, alternate In the event the one-halt (1/2) cent sales/use taxes de the parties shall continue to work together to pur SUI funding sources necessary to implement the plan and shal 2 .., %, ~,- Ie"~ 'i\ ~ fA, '. t-'.4/~ oCT 12 '93 11: 11 TCUI OF 5l'lOW"A5S VILL'iGE proceed with implementation of those elements of the plan as can be supported from existing or other future revenue sources. i\ND BE IT FURTHER RESOLVED i\NDDECLARED THAT Aspen, TO$V and count:y strongly endorse and urge passage by the pitkin county elect:orate of the proposed county-wide one-halt (1./2) cent sales and use taxes to fund mass transportation as to be voted upon at a counc.y-wide elect:ion on November 2, 1.993- 1l.PPROVEO AND ADOPTED AT COUNTY BOARD OF COMMISSIONERS 1993. THE REGU~u", MEETING OF 1fiE.J... PITKIl,l ON .;rHIS 1'1' DAY OF ~, By: Wil BOARD OF COUNTY PITKIN COUNTY, r' Jean~~U r oeput:y County ClerK MANAGER APPROVAL: {?> 4:- J:t!J ~ 3 Reid Haughey count.y Manager APPROVED AND ADOPTED AT THE REGULAR MEETn!~. OF THE CO~CIL OF SNO~MASS VILLAGE, COLORADO, ON THIS ~~ DAY OF ~,~.r~~.....QJ ) ,1.993. \SEPWMAS~ VILLAGE TOWN COUNCIL ~, dJ,..I l...."Jo.-. Q,- ~ 0 I Trudy Worline, Town Clerk TOWN AS TO FOhM: ,Steve Conner, Town Attorney .. 3 ~- 's ":;';'.- ~-, " \1 ~. (- OCT 12 '93 11' 12 TCUI oF SI'lCIWAS5 VILLAGE p,S/8 APPROVED AND ADOPTED AT THE REGULAR MEETING OF 'fHE ASPEN CITY COUNCIL, COLORADO, ON THIS DAY OF ' 1.993. Kathryn ~,~. I'}~ Joh S. Bennett, Mayor APPROVED AS TO FORM: APPROVAL: ~vj,~-- Vv Edward M. caswall city' Attorney 4 i , \ Snowmass Village 0...,- . Enhanced Bus and Shuttle Routes ~ o Dial-A-Ride ~,. Bike and Pedestrian Improvements --- ---. - EXHIBIT "B" Comprehensive Vollev Transportation Pion 1-70 1-70 . .. ~ -. Existing or soon to be finished roods - - '. . .~ ~.:~~?~~~.~;;~;_~';~~~:~_~~~: .:~rS;i :,: .::.-; :.. _ .:::::;;,en:::::",' :'::~::J~~'-.: Enhanced Down Volley Bus System "The B-Line" 0\ 0 minute heodwoys at peak times . oLonger operating hours HOV High O(cuponcy Vehicles o Pork and Ride Lots ~ Trofficlights Basalt . ~ lane nwv w/ L ;Gnes reslfiCT80 TO HOV at 8€OK hours ruroi rooawishunle Woody Creek Brush Creek Park & Ride Lot J. Lane n\,,'v w / 2 lanes resTricreo TO HOV at DeCK :lours , Multi-Modal Transit Center - Informonon - Pork & Ride Highlands O~\ I ruml moO w/shuttle .:;0811 : ~ ..i'::~~; .? !.,.; .-::: .':~2:2G. _..:::c:~C!'~~::: :" . . ,-,,;~::!CTeG i~:KH'", Cross Tow, I Shuttles uawnlOwn roid Parking Priority Uses for 11.2 (Soles/Use Tox ~ ':~'1rC~'SG J',YNn 'imiev tWS Y1SIem Ria Gronde Paid Parking Goroge -Information . ,..." . . ~ .." 'I.':, , .~ 'e: .., --'~ . .".... y,,-'" Aspen o Enhanced Bus & Shuttle Routes . Dial-A-Ride o Bike & Pedesmon Improvements . Neighborhood Pork & Rides East End Paid Parking Gorog (Conceptuol) . '~s~r:.:::;:;r; /~:]ci 'C' 1_:~e5 .. "';Jlie r.coulsiTian or DRG ROW Groohicsbv Wno{)omnnlli:Jsnonon -"'~<'n' 11;'.;:) independencb Puss P.6/8 OCT :2 ":03 : 1: 12 TCUI OF SNOWMAS5 VIllAGE 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, CONFIR!vfiNG THE TRANSPORTATION PROJECTS DESIGNATED TO BE FUNDED FROM THE PROCEEDS OF TRANSPORTATION REVENUE BONDS. Resolution # Co L RECITALS. " 2. Aspen, TOSV and Counry havc prcviously adoptcd joint resolutions to: 1) identify a conceptual framework for a comprehensive transportation strategy for the _ Roaring Fork Valley, and 2) approve a comprehensive vaHey transportation plan and (. endorse pne-half (1/2)cent 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 rcvcnue sources prior to issuing public debt; and 1. The Aspen City Council (" Aspen"), the Pitkin County Board of County Commissioners ("County"), and the Town Council of Snowmass Village ("TOSV"), have jointly agreed to work wgether to solve common transportation problems; and 4. Local public funding will be supplemented to the greatest extent possible by additional federal, slate, and privatt 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 and/or routes will continue to be evaluated and revised to maximize cost efficiency and effectiveness. NOW I Tl-lEREFORE, BE IT RESOLVED 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 issued 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). .. ., ---- --...- - P.7/8 .. OCT 12 '93 11:12 TCUI oF ~ VILLRGE .. \. TRANSPORTATION REVENUE BONDS: POTENTIAL PROJECfS \ 993 Pfoiects Estimated Cost Bond Siz.:(l) Annual Debt ~yment Servi~ (2) Funding SDurce 5 repl!.Cement buses & spnre eogine 1,290,000 1,498.000 170,000 (12) existing I %5>lles ux ' 5 repl~cemcnt buses 1.235,000 t.434,000 162,000 (12) new, to be detennined 5 neW buses for d.v & S.". 1.:235,000 1,434,000 162,000 (12) ~ In % sales t2X , . 3 new buses for lot shunte 741,000 &60.000 97,000 (12) new p:ukin~ revenues Rio Grande ROW 5,000;000 5.805.000 532,000 (20) new 112 % use tax for $200.000 romndr from .stt.te & d" gO"lS. 9.501.000 \1.031.000 1.\23.000 tit \' 2 pork-and-ride lots 2;250,000 2.612.000 239,000 (20) state or private, '\-"C oth8N1isa to be determined 11,751,000 t3,643,000 1.362.000 ---- 1994 l'foiecL, Sep~"'te Dedicateti Transit Way (A-Line and C.Line) Estimated COSl Bond Size Debt Source --- ? ~ ~ . New 1/2%...le:I tAX _ Feder.U Slate . FlUB boJ< - Pri.,.&le EXH1BLTA e'" "1 ~ " OCT 12 ''33 11: 13 TCUI oF Sl'lOlo>>lSS VIu.FlGE P.E1/8 __ APPROVED AND ADOPTED A TTHE REGULAR MEETING OF THE PITKIN '"', COUNTY BOARD OF COMMISSIONERS ON THIS \~ DAY OF <S,.~ . , 1993_ . BOARD OF COUNTY COMMISSIONERS PITKIN COU , COLORADO Jea:::::::::+rfr- Deputy County Clerk MANAGER APPROV AL: APPROVED AS TO FORM: " ~lt1-. \0\ l'''3 Reid Haughey , County Manager ,\Q~~y{)~ ,L)~ - Trudy Worline, Town Clerk MANAGER APPROVAL: APPROVED AS TO FORM: ~~r;~ Gary SUiter, Town Manager Steve Conner. Town Attorney . APPROVED AND ADOPTED AT THE REGtJLAR MEETING OF THE ASPEN CITY COUNCIL. COLORADO, ON THIS 1 DAY OF 1'~J'l77"~. 1993. ~e,. \ft.. '" , ~, . -:5F ;A.- ~ John . Bennett, Mayor -, 1, ~'~. lei 'l\, 'l,." em \'ii. "'ll",. . '. OCT 12 '93 11:13 T~ OF S!~ VIUJ'lGE P.9/8 .' MANAGER APPROVAL: APPROVED AS TO FORM: ~~.~~~. Edward M. Caswal1 City Attorney Exhibit "0" e" , b ~ "<,..:" 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 Va~ley governments and/or others to acquire the Denver and Rio Grahde 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. ~,i_", ~~ ~ ,.., .. (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 1.992 ($2,049,1.59 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 . \\., Ie, ~". ~ , ~,,' {II' Exhibit liE" 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 EXCEEDS 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 betw~en 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 ;;he equal annual installmen'i:s required to repay principal of $1.3,650,000 plus interest at S 1/2% over 21. years. The actual interest rate, term and repayment cost could be lower but not higher. - ..- - -. _..- -~ APR 05 '94 15:50 TOWN OF SNOWMASS .vILLAGE ..... - ..:.... e:, ,~ ~~" "'\"" ,It, ' \1 "< :.' ~.. .1" ' 'A \'IC') ~,.,."" P.1/7.. - H\ WJ\ SNO\VliftSS VILLQGE C " 0 .~ 0 '%_ I; ^ tl (\ . . 1(:'.. '''''' 'I~? . ....,0", ,'.\ -,~ ~. TO: il;/} 0()5' V , L(~ s4 t.J ( .~ No. ?aQes: Including cover heet . FROM; DATE: " .' . . INSTRUCTlONS;. ' . . . '. ;: " , " , .' , .,'" TOWN OF .SNOWMASS V/i.J.AGE P.O. BOX 5070 . SNOWMASSVILLAGE, CO '81615' . (303) 923-3777 FAX (3D3) 923-5053 . . " . .. ' AfR 05 '94 15:51 TOWN OF SNOWMASS VILLAGE .. -II". _ ,~ P.2/7 . O' tt, \~ -,~, SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 45 SERIES OF 1993 A RESOLUTION-APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN TIlE TOWN OF SNOWMASS VILLAGE, THE CITY OF ASPEN AND PITKIN COUNTY, ADOPTING THE COMPREHENSIVE VALLEY TRANSPORTATION PLAN WHEREAS, the Town Council of the Town of Snowmass 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 JointResolution NoAI, Series of 1993, which specifies the execution of an intergovervmental agreement between the parties 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 defme and clarify the method and process by which the parties have agreed to fund and implement $e plan. , NOW, TIlEREFORE, BE IT- :RESOLVED by the Town Council of the Town of Snowmass Village, Colorado: e, ,'" ki, ',...... Section One: Ap,proval of A~reement . . That the Intergovernmental Agreement attached hereto a:s Exhibit A.and incorporated herein by.this reference, is hereby approved. . Se<(tion 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 c:m:y 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 ~ to Q. Councilmember Blake was' absen~. ArrEST: .~l,)J Trudi Worline, Town- Clerk S VilLAGE . .....QJ ~ I., . .. '. ApR 05 '94 15:51 TOWN OF SNOWMASS VILL~GSj3_ /.:lC P.3/7 INTERGOVERNMENTAL AGREEl\1ENT COMPREHENSIVE VALLEY TRANSPORTATION PLAN THis INTERGOVERNMEN'I~- AGREEl\.1ENT ("Ag.reement"). is made and entered into ;1:; "f lhis ('-jti da)'of ::Y fA'; L" . " 1993, by and aplong lhe CITY OF ASPEN, Colorado, a homc-rule municipal corporation ("Clly"), THE TOWN OF SNOWt."lASS VILLAGE.' Colorado, <\ !lOme-rule municipal corporation ("1'own"). and the BOARD OF COUNTY COMMI~SIONERS OF THE COUNTY OF PITKIN, Colorado, a body corporatc and politic ("County"), . WIT N E S Sf T H: --- .' I WHEREAS, the parties to this Agreement have the a\llhority pursu<\ntto Article XIV, Section ]8. of the Color'ldo Constitution and Section 29-1-20!, ~'[ seq_,' of the Colorado Revised' Statutes, 10 enler inLO il1lergovernnlental agreemel1ls for the purpose of providing any service or peri'ormi'n,g' any fU,nction which they can perform individualiy; and WHEREAS, the Aspen Cily COllllCil, the Towl1 Council of the Town of Snowlnass Village, anrl lhc Pitkin COllllty Board 'of COlml)' Commissioners adopted Joint Resolu\ion 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, appehded hereto as Exhibit "B"; . Set forth procedural steps to be taken by the parries to implement the Plan, iIlcl\lding the ~xecution of this intergovernmental agreement;' and ' . Set forth the parries' mut\l;\l understanding for a specific process for funding the . Plan and other mass transporlation elements; and . WHEREAS, the Asper, City Council, the Town Council of the Town of Snowmass Village, and the Pi\kil1 COUllly Board of Count)' Commissioners adopted Joint Resolution No. 62 (Attached hereto as Exhibit "C") which adopted specific clements to be funded from the proceeds of transponation rc\'el1ue bOllds as issued at such times and in such amounts as' the parries may from time lo'time agree, subject to the approval by the electorate of all proposed bonds at a county-wide c1eclion(s); and WHEREAS, in accordance wit!) said Joint ResolutiOl\ No. 61 the Count:-' has submitted to the Pitkin Counly electorate a proposed cOllnly-wide one-half (1/2) cent sales (ax and one.half (1/2) 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. 6i.the Coumy has submitted to the Pitkin County electorate a ballot question at the November 2, 1993, election seeking .authority lI1e" ~1, \ti;," 'e' ", \\", .; \\ A?R 05 '94 15:52 TOWN OF SNOWMASS VILLAGE P .4/7 !o increase County debt by a principal a1nOlllll OI1Jp to SI3,650,OOO.OO by the ,issuance of re\:enue bonds for the purposc of linaneing improvements in the public mass transportation system withIn the Roaring. Fork River Valley consistent with t1ie Plan (a copy of the ballot qucstiOI\ is appended ticrcto as Exhibit "E", and by this rcfe~cncc incorporatcd hcrein.) WHEREAS, the City and Town ha\'e urged and will continue to urge their respcctivc constituent electors to vote in f,lvor of the abovc referenced ballot questions; and ., . . WHEREAS, the panies hereto wish to further define and clarify the method and process by which lhe implementation of the Plan will be funded. ,NOW, THEREFORE, for and in consideration of the mutual co,venants and agreements of the parties, and other good and valuable consideration, the adequacy and sufflcicncy of whic'; is hereby acknow1'edged, the parties agree as follows: "i Purpose. I. This Intergovernmental Agreement is designed and intended to define and clarify the method and process by which the panies have agreed to fund' and implement the Plan. . ComDrehensive Valley TransDortation Plan. 2. The parties hereby reaffirm and incorporate herein as Exhibit "B" the Comprehensive Valley Transportation Plan for addressin'g mass transportation problems and issues in the Roaring Fork River Valley. . . . ' 3. The parties hereby agree to conduct regular public meetings of repr~sentatives'of the three jurisdicti'ons and other invited members of the pUblic to continue to refine and agree upon proposed projects alid transportation elements consistelil with or complemcl)lary to the Plan; as may be amended from time to time. 4, The parties further agree that the amount of all expenqitures and all projects to be funded with revenues derived from the county-wide one half (}/2) cent sales an(j one half (112) cent use tax as described in paragraphs 7 & 8 below shall be agreed upon. by all three parries in advance of any such expenditure and/or project as evidenced by a resolution duly adopted by the , governing bodies of each party, 5. Amendmems 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 rhis 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, fedcral, and private sources to financc the various elements of the Plan. These efforts shall . inchlde, when deemed necessary, seeking voter approval for increased sales and llse taxes as well as bonding authority for specific projects as they are developed .and agreed upon by unanimous consent of the parries hereto. . 2 e' , "'<.. tit,' \\. ,'~ - qPR 05 '94 15:52 TOWN OF SNOWMASS VILLAGE 1-',::'/( AnnrovaI of One-Half Cent Sale$ and U$e Taxe~ 7. In the event that the county.wide one-half (112) cent sales tax and. use tax increase i~ approved hy the elector~ of Pitkin County at the November 2, 1993, election, the County, with the advice and c(\n~ent t,f the City and Town, hereby agree to annually fund or tinHnce from sale~ tax revenues the following elements of the Plan: ;I, 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 se,rvice (the B-line identified in the Plan)). b. Construction and operation (including associated design, engineering and feasibility .studies) of a ~epanite, dedicated transit-way between downtown Aspen and the airport (the A-line identified in the Plan), and between Aspen and SnOwmass (the Coline identified in the ~Ian). c. Acquisition and operation of park-n-ride or intercept IOl~ in the general area' o(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 al)d consent c. f the -City and Town, hereby agrees to annually fund or finance from use tax revenues the following dements 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 elemelllS of the plan as identified by the unanimous consent of the parties following a regular public meeting as contemplated by Section 3 hereinabove. Tetmination 9. This Irnergovernmental 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 IT)ay tetminate t?e agreelI!eilt upon ninety (90)days written notice to the other parties. . 3 ~_",i,' "\1\._ "1':.- t.' \~ ~.~., "c. APR 05 '94 15:53 TOWN OF SNOWMAS~ VILLAGE r'.6/7 Mi~ccllanC(lu'. ' 10., ' This Intergovernmental Agreemcnt n1ay be modi lied only by written lllnendment approvcd by' all parties acting separately. . 11. Nothing contained in [his Agreement shilll mean or be construed to mean that an individual party to this Agreementmay.nol independently fund or implement a specific clement of the Plan or some qther transportation related projeCt wilho\lt 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 Agreemenl 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. 1:1. This ,Intergovernmental Agreement is not ;nlerl(led \0 create any right in or for t1ie public, or any niember of the public, including any contractor, supplier or any other 'third party, or to autl1ori.ze anyone not a party to'this Intergovernmental Agreement 10 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 [hat i( has (he 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 perfor'm this Agreement, IN WITNESS WfIEREOF, the parties hereto have executed (his Intergovernmental Agree.ment . on the day and year first above written. . CITY OF ASPEN, COLORADO: By: ATTEST: APPROVED AS TO FORM: .