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Home My WebLink Aboutresolution.council.010-76RECORD OF PROCEEDINGS 100 Leaves ~qESOLUTION NO. 10 (Series of 1976) WHEREAS, there has been tendered for Council considera- tion a "City of Aspen/Pitkin County Joint Maintenance and Policing Agreement" the terms of which the City Council find appropriate, and ~{EREAS, Section 13.5 of the Aspen Home Rule Charter requires that when the City shall enter into contracts or agreements with other governmental units for the furnishing or receiving of services that such agreementS be ratified by resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That it does hereby approve the terms of that "City of Aspen/Pitkin County Joint Maintenance and Policing Agreement", a copy of which is attached hereto and incorporated by this reference, and does further authorize the mayor, Stacy Standley III, to execute it on the City's behalf. Dated: ~ ~ '~-/.~ ¢' t~.. . ~ ~ E~ac~tandley ~a~i~g City a t~t~a ~ I, KATHR~ S. !~UT Clerk, certify that the foregoing is a true and accurate copy of a resolution adopted by the Aspen City Council at its meeting held ~.~c;~ ~ /'J~- , 1976. ~ /~~ ~ ~r~ [(athryn ~ 'Haut , ~ Y RECORD OF PROCEEDINGS RESOLUTION NO. /0. (Series of 1976) 100 Leaves WHEREAS, there has been tendered for Council considera- tion a "city of Aspen/Pitkin County Joint Maintenance and Policing Agreement" the terms of which the city Council find appropriate, and WHEREAS, Section 13.5 of the Home Rule Charter requires approval of all such agreements by resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That it does hereby ratify and affirm the terms of that "City of Aspen/Pitkin County Joint Maintenance and Policing Agreement", a copy of which is attached hereto and incorporated by this reference. Dated: duly appointed and ac~ing C' y I, KATHRYN S. i{AUTER, Clerk, certify that the foregoing is a true and accurate copy of a resolution adopted by the Aspen City Council at its meeting held ~ ~ , 1976. 6 01 CI'.I'Y OF AS)P i,iq i-r r i,,i,N (7OtINTY JOINT t• ATt.1'1'1; 1 11Iq') POLICING 11CI:I,I;1I -NT THIS AGI:]�EI.1EN11' Made and entered into this, f% 2 day of t �T 3.97G , by and betwoc ii the CITY OP AAPEN , COLORADO, a Iijyn].clpal corporation and home ru:i_.. city (hereinafter referred to as "City" ) and THE nOARD OF COUNTY COt-IMISSIMLRS OF PITKIN COUNTY, COLORADO (hcreianftc�r ref:erre(l to as "County" ) wherein it is stlyulated and agreed as follows : RECITALS a. The City and County have established %;,ithin the City' s limits, various trails (pursuant to the City' s Trails Systems Plan) the maintenance and policing of which trails_ the County c•.i_ h& to assume so as to effectuate a uniform and effi- cient transportation system for the Upper Roaring Fork Valley . b. The County owns, within and near the City, t,::o parks which can be more easily managed and policed by City rather than County employees, and the City wishes to assume these responsibilities as consideration for trails system main- tenance and policing by the County. c. Both the City and County are authorized pursuant to C. :?.S . 1971 Section 23-1-203 (and the City pursuant to Section 13 . 3 of its Home Rule Charger) , to enter into inter- governmental contracts for the purpose of providing any function or service lawfully authorized to each of the ;cooperating govern-- . � mental units , provided any such contract receiva es the approval of the legislative bodies of the respsecti.ve govornments . d. Further_ , the City has recently adopted Section 22- 47 , an amendment to Article III of Chapter 22 of the Aspen t-luni.cip a_l. Code, which authorizes the City, by agreement. , to permit the joint management and policing of City trails, by Pitki ll Count ly, and the City Council wishes to exercise this option at this Tit ("n"'IST1)EIZATTON of the r��,_lt�.u�ll- henefi trs to bo derived horc.fror!t the C.iLy and Cot.uay agree that , from eared af.tcr the offective elate of i:lli.s agr.ccmc:nt 1. Tho County assumes all responsibility for, and costs of, naintalning, r_opairing , anal signing all trail:., which have, on the date of f his agreement. , ;peen established within the City of Aspen, and assumes such obligation- without consideration except as provided for herein. 2. In addition, the County is hereby authorized to exercise, jointly with the City, those management and policing powers described in Sections 22-40 through 22-43 of the Aspen Municipal Cocie, all as anticipated in Section 22-47 of said code. 3. . In the event resort must be had to condemnation i_o acquire trail righ' -of-way in the future , the City and County agree to exercise all their right of emirent domain within or 'Without their respective jurisdictions necessary to acquire such lards, and do so at the request of the other. Provided, ho;-;ever, that nothing herein shall be construed to require either tho City or County to assume the costs of (or contribute to payment of any damages awarded in) any action initiated at the request of the other, except as shall otherwise have been agreed to. 4 . In consideration of the responsibilities and costs assumed by the County by reason of this agreement , the City Assumes all responsibility for, and costs _of, °mainttaini.ng, repairing and Signing the grounds and improvements constituting Wagner and Fisher_man ' s Parks. In addition the City is authorized to manage the u�,o of both Parks and to police the grounds of Wagner Park, provided that County officials shall continue the exclusive policing authority they now exercise over Fisherman ' s Par%, within Pitkin County. 5. 12he parties agree that during the life of this e.ach will adopt in .its annual biOget. appropr:i ation s 2� A. puf f l cient. to pay the costs of the sorvices it has as 'umed under the provisions of this agrec,nanL. 6 . ' The parties agree that. e..ach will, if appropriate , insure the trails and parks within its respective jurinli.ctions , though the decision as to w)gther or not to insure will be at the election of the party retaining ownership of the property and nothing - herein shall require: insurance by eithor. • r 7 . Either party ririy to --min-ate this cooperative con- tract by written notice to the other sixty (60) clay: prior to the date of termination. IN WITNESS 1,711EREOF the parties hereto have executed this agreement on the day and year above noted. THE CI''Y OF ASPEN, COLOR.ADO r. Stacy Standley III \ p9ayo1. MEST• 1:athryn ��f,�Hauter City. Clerk. TI1E BOARD OF COU11`I'Y CO11MSST0NW-,S OF PITKIN COUNTY, COLOR DO By s �Ji f�' f:c aar.ds, Jr. ' i c= �n ATTEST��. 1.,� l •