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HomeMy WebLinkAboutresolution.council.082-93 .. << ';;",,-.. --' ,:.It", {{; 0.' C,."',, \&1, "'" -... - RESOLUTION NO. \r>- (series of 19~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TERMINATING THE CITY OF ASPEN-PITKIN COUNTY INTERGOVERNMENTAL AGREEMENT PROVIDING FOR THE ASPEN-PITKIN WATER TRUST. WHEREAS, on or about November 14, 1988, the Mayor of the city of Aspen and the Chairman of the Board of County Commission- ers for Pitkin County executed an intergovernmental agreement establishing the Aspen-Pitkin Water Trust; and WHEREAS, the Aspen-Pitkin Water Trust was to be and has been funded from time to time from revenues derived from total power sales generated by the Ruedi Reservoir hydroelectric power plant; and WHEREAS, the city and County have both determined that the water trust no longer serves a useful public purpose; and WHEREAS, the City of Aspen and Pitkin County have mutually agreed to terminate the water trust and equally divide between them the funds on deposit therein; and WHEREAS, the agreement establishing the water trust provides that it may be terminated at any time upon a vote of either the city of Aspen or pitkin County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that the intergovernmental agreement dated November 14, 1988, by and between the city of Aspen and the Board of County Commissioners of Pitkin County, establishing the Aspen/Pitkin Water Trust, be and is hereby terminated and that el ,}i II 'Zi", (A \~. 4!. 1&, "~, -.- funds on deposit in said trust be divided equally (50/50) between the City and pitkin County. RESOLVED, APPROVED AND ~ ADOPTED this o?~ day of , 1993, by the city Council for the city of Aspen, Colorado. {fL 7, (J~- John S. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting city Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the CitY~~h~ Colorado, at a meeting held City of Aspen, c:1q , 1993. jC1l2. J 2 ~-, 1\) '<<'" 'It '"" 'I; \\\ e',,' ~ \' ''"'- b) MEMORANDUM ~l DATE: November 16, 1993 THE CITY OF ASPEN CITY ATIORNEY'S OFFICE TO: Mayor and city council Jed Caswall, City Attorney ~~ Resolution No. 1((;).. Terminating Aspen-Pitkin County Intergovernmental Agreement Providing For the Aspen- Pitkin Water Trust. FROM: RE: The above-noted matter is before you in order to formalize and memorialize the decision made by the City Council and the BOCC last year to terminate the City/County IGA for the City/County water trust. city and County records indicate that the establishment of a joint trust devoted to "improving and developing local water facilities and water conservation programs" was first discussed by the City Council and the BOCC in October, 1983. As initially contemplated, the trust was to be funded from (1) revenues generated from the expansion of the municipal water system outside the city limits, and (2) a percentage of the revenues generated by the Ruedi Hydropower Plant. While both the city and County agreed on utilizing a portion of the Ruedi revenues to fund the trust, the parties could not agree on the imposition of a surcharge on tap fees to be assessed and collected by the City on connections made to the municipal water system outside of the city limits. The last recorded meeting minutes on the subject (October 24, 1983) indicate that the proposed water trust agree- ment was tabled. No records have been discovered at either the city or the County regarding the water trust after that October, 1983 meeting. On November 14, 1988, both the Mayor and Chairman of the BOCC signed an IGA allegedly setting up the Aspen/pitkin Water Trust (copy attached). As you may recall from earlier memos dealing with Ruedi, it appears that neither the city nor the County formally approved or ratified the agreement. (Pursuant to Section 13.5 of the City Charter, all IGA's must be approved by resolution. The City Clerk's office reports that it has no record of a resolution approving the water trust IGA. Likewise, the County Clerk advises that no records exist reflecting approv- al of the IGA on the county's side.) In any event, 20% of the net revenues generated from the sale of power from the Ruedi hydropower plant started to be deposited in the trust in 1989. Pursuant to the decision last year to dissolve the trust, the City and County have already equally split the $124,000.00 that -' I " , a ~ ~e:" \ ~ Memorandum to Mayor and City council November 16, 1993 Page 2 was on deposit in the trust. By adopting the resolution accompa- nying this memo, City Council will formally ratify and memorial- ize its earlier decision to terminate the trust and the trust IGA. REQUESTED ACTION: Adopt Resolution No. t~ (Series of 1993) formally terminating the 1988 IGA between the city and Pitkin county establishing the Aspen-Pitkin Water Trust. EMC/mc Attachment jcll16.2 CC: Reid Haughey, County Manager Amy Margerum, City Manager steve BarwiCk, Assistant city Manager , ~ }. , f' .. ., <<8 (t, , )~ " ':~'C '" r""" -/ C-'2'~-:;' I '--0' '-- ,~ ,. /, ....~.L j,'- -::"'-" c~.., INTER-GOVERNMENTAL AGREEHENT This inte.tl-gover ental agreement is entered into this /7' ti.- day of I - , 1988 by and between the City of Aspen, a home-r Ie city of the State of colorado (hereinafter the "City") a d Pi:'::ki:1 County, a home-rule County in the S'::ate of Colorado (hereinafter the "County"). YffiEREAS, the parties t~ this agreement are political subdivisions of the State of Colorado, having the constitutional and statutory power' to acquire water r,ights and develop and pro"ide water utility services to their citizens, and WHEREAS, the parties are desirous of avoiding duplication of the planning and provision of water utility service, and \ WHEREAS, the parties are desirous of working together for\ the preservation and efficient utilization of water which " constitu'::~s a scarce but vital natural resoUrce, and WHEP.EAS, in order to accomplish their mutual goals, the parties desire to establish a joint water trust fund for the purpose of aCcumulating monies to be used solely for the acquisition of water rights or lands with water rights for the mutual benefit of the City, County, and their respective citizens. NOW THEREFORE, in consideration of the premises and the mutual covenants contained herEin, the parties hereby agree as follows: I. Establishment and Manaqement of Water Trust 1. The City and County hereby establish the Aspen-Pitkin Water Trust (hereinafter the "Trust"). 2. The City shall establish a fund within its accounting system to account for the deposit and dispersal of funds hereinafter set forth. Said fund will be managed by ths City Finance Director. 3. The City may Co-mingle these funds with other City funds for investment purposes. 4. The funds shall be disbursed by the City Finance Director with the approval of both the City Council and the Board of County Commissioners. Approval may be in the fcrrr, of approval of the annual budget, periodic app:cpriacion ordinances, or other specific directions from both the City Council and Board of County Commissioners. -.- - J (',.,- (" ""-. "" II. Term of the Trust e 5.The term of the trust shall be perpetual, or until either the Board of County Commissioners of Pitkin County or the City Council of the City of Aspen shall, by majority vote, elect to terminate the trust. III. Contributions to the Trust 6. Contributions to the trust shall be as the City and 'County may agree Upon from time to time. Pending such further agreement, contributions to the fund commencing on the date of the Agreement shall consist of the amount of net revenue generated by the operation of the RUedi heservoir Hydroelectric Power Project allocable to the Trust by direction of the City and County from time to time. The amount of the revenue has been established by joint City ~nd County resolution at 20% of the revenue to be distributed. IV. Use of Fund Monies 7. Expenditures of monies from the trust shall be exclUsively for the following purposes: a. ac~uisition of water or water rights by lease or purchase; - b. preservation of water, water rights and, attendant open space or recreation; and c.administration of the trust. 8. Acquisition of land and water rights shall be jointly in the names of the City of Aspen and County of ;Pitkin unless otherwise agreed to 'by the parties. Approval of both . the City Council and Board of County Commissioners shall be required for any acquisition of land or water rights. The expendi ture of trust funds for other purposes shall be in accordance with the budget approved by the City Council and County Commissioners. 9. Any land or water right acquired with trust funds may sold or otherwise alienated by agreement of the Board County Commissioners and ~:~~Cil. Executed this /4/'t:'rG day of '1988. I be of At-ast: 0 _" (t~M~ /,"-' '. t1 t/ Board of Commissioners --G Otj.n t y (.--II? -fJ/) C 0 u n :t y of Pitkin Chairman G~~Lc"" 'CT ;r ': .' ~'\ , \,-.. ~.' 'l - ~ ("-- c """ ."." Coun,ty Clerk~ __" ,I .) ,. , I,~, . .','. ,',,Attest:,' '. ..~. 4~-, , Ci ty 'CI~ , , (.\~')/ ',')"\',' ~ ') . . ", .. ~en,__,_, , ~'-'~ .~::~ Mayor .