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HomeMy WebLinkAboutresolution.council.046-99 r. ~ , .~ RESOLUTION NO. :&. Series of 1999 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS, RELATING TO THE SHARED FUNDING OF THE ROUNDABOUT AT THE INTERSECTION OF STATE HIGHWAY 82 AND THE MAROON CREEK RD., AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT 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, Colorado and the Pitkin County Board of County Commissioners a copy of which contract is annexed hereto and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves that Intergovernmental Agreement between the City of Aspen, Colorado, and the Pitkin County Board of County Commissioners, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. ~7 ~ ,1999. Dated: 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, Colorndo.",mooti'ghcld ~ :(/: .1999 r'\ . . INTERGOVERNMENTAL AGREEMENT ROUNDABOUT FUNDING THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this day of . ,1999 by and between the Board of County Commissioners of Pitkin County, Colorado, whose address is 530 East Main Street, Aspen, Colorado ("the County") and the City of Aspen ("City"), whose address is 130 South Galena Street, Aspen, Colorado. The County and City are sometimes collectively referred to as the "Governments." RECITALS 1. This Agreement is entered into pursuant to, inter alia, C.R.S. ~29-1-20l, et seq. and Article XIV, Section 18 of the Colorado Constitution. 2. The Governments are duly constituted governmental entities, governed by Boards or Councils elected by qualified electors of the County and City mentioned above, both of which are located in Colorado. r 3. The purpose of this Agreement is to set forth the respective responsibilities and obligations of the Governments relating to the funding and potential reimbursement of funding for the construction of the Highway 82-Maroon Creek Road intersection improvements(the Roundabout). 4. On May 20, 1999, the Elected Officials Transportation Committee (EOTe) approved the use of 0.5 cent Sales & Use Tax funds to pay $1, 624, 519 for transit related elements of the Maroon Creek Roundabout, and the City of Aspen agreed to fund approximately $1,900,000 of the Roundabout improvements. The County agreed to fund the balance through developer contributions and other funds. 5. At the May 20, 1999 meeting, the Governments agreed that the County should proceed with the construction of the Roundabout, and that if any of the Roundabout improvement expense is reimbursed to the County by CDOT, that the 0.5 cent funds will be reimbursed first and in full, and thereafter any reimbursement will be shared equally between the City and the County. 6. On May 27, 1999, by Board of County Commissioners' Resolution #99- _, the County approved the contracts necessary to cOmmence construction of the Roundabout, and also approved the necessary budgeting and authorized the chair to sign . an IGA with the City of Aspen to reflect the funding and reimbursement agreements. Construction of the Roundabout has commenced. r', 7. The City has taken all necessary action to authorize the transfer of its agreed funding to the County. /""" 8. The Governments are authorized to enter into this Agreement, and have determined it is in the best interests of the citizens of Pitkin County and the City of Aspen to enter into this Agreement. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual promises 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: 1. The. City will transfer the sum of $1,897,458.00 to the County for Roundabout improvements, which revenue the County has budgeted for the Roundabout. These transfers will be made as follows: The County shall invoice the City on a monthly basis for its proportionate share of payment requests received by the County for project expenses. The City will transfer to the County the funds necessary to pay the invoiced City share within five working days of receiving the invoice. 2. The County will continue with construction of the Roundabout. r'. 3. The Governments will continue their efforts to obtain reimbursement from CDOT for the Roundabout improvements, and the County agrees that any reimbursement shall be distributed first to repay the funding from the 0.5 cent Sales and Use tax in full, then any further reimbursement shall be distributed to the Governments equally, in each case as soon as possible. 4. Modification. This Agreement may be changed or modified only in writing by an Agreement approved by the respective Boards of the Governments and signed by authorized officers of each party. 5. Severabilitv. . Should anyone or more sections or provisions of this Agreement be judicially adjudged invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this Agreement, the intention being that the various sections and provisions hereof are severable. 6. Notices. Any notice required or permitted under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified regular mail, postage pre-paid to the addresses of the. parties as follows. Either party by notice sent under this paragraph may change the address to which future notices should be sent. Notice to the City of Aspen: ,,-...... ,.. '. City of Aspen c/o Amy Margerum, City Manager 130 South Galena Street 2 .~ Aspen, Colorado 8l61l Notice to Pitkin County: Pitkin County Board of County Commissioners c/o Pitkin County Manager 530 East Main Street, Third Floor Aspen, CO 81611 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO By: Leslie Lamont, Chair ~. CITY OF ASPEN Uo[~ By: ~ 3 ATTEST: Jeanette Jones, Deputy Clerk ATTEST: ~ ;J 4rY,-- r-\ Aspen, Colorado 81611 Notice to Pitkin County: Pitkin County Board of County Commissioners c/o Pitkin County Manager 530 East Main Street, Third Floor Aspen, CO 81611 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO ATTEST: ~~fiJ~ , Deputy Clerk jYIlDee~, :mw r'\ CITY OF ASPEN ATTEST: By: Uo[~ ~". . City~ yj4~ (' 3