HomeMy WebLinkAboutordinance.council.033-06
ORDINANCE NO. 33
(Series 2006)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, APPROVING
REPEAL AND RE-ENACTMENT OF TITLE 26, PART 600, IMPACT FEES AND
DEDICATIONS, OF THE CITY OF ASPEN MUNICIPAL CODE.
WHEREAS, new development imposes increased demands on City facilities and
infrastructure needed to provide necessary public services; and,
WHEREAS, City staff has provided an update, through a consultant, to the previous
study of the Park Dedication Impact Fee and the School Lands Dedication which shows the level
of fees needed to generate sufficient funds to provide capital facilities and infrastructure to serve
new development and the amount of school lands necessary to serve new development; and,
WHEREAS, the City projects new development to continue which will place ever-
increasing demands on the City to provide capital facilities and infrastructure to serve new
development; and,
WHEREAS, to the extent that new development places demands upon capital facilities
and infrastructure, those demands should be satisfied by shifting the responsibility for financing
such capital facilities and infrastructure from the public to the development creating the
demands; and,
WHEREAS, impact fees and dedications collected pursuant to Title 26, Part 600, Impact
Fees and Dedications, of the Aspen Land Use Code may not be used to cure existing deficiencies
in capital facilities and infrastructure; and,
WHEREAS, the impact fees and school lands dedication are the result of the "City of
Aspen Impact Fee Study and Update of School Lands Dedication" study, which was sponsored
by the City of Aspen and completed by BBC Research and Consulting on August 7, 2006; and,
WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the
text amendments under the applicable provisions of the Mnnicipal Code as listed under Land Use
Code Section 26.310.040, Standards of Review; and,
WHEREAS, the Aspen Planning and Zoning Commission during a duly noticed public
hearing on June 13, 2006, as required by Section 26.310.020, Procedure for amendment, approved
Resolution No. 23, Series of 2006, by a six to zero (6-0) vote, approving the recommended repeal
and reinstatement to the above referenced title and part of the Land Use Code, and
recommending that City Council approve the proposed amendments.
WHEREAS, the Aspen City Council is vested with the authority to adopt changes to the
Land Use Code and has reviewed and considered the code amendments under the applicable
provisions of the Mnnicipal Code as identified herein, has taken public testimony, and heard the
recommendations of the Planning and Zoning Commission and Community Development Director
on October 10,2006 and on October 23, 2006; and,
WHEREAS, the code amendments proposed are of general applicability and are calculated
at the time of building permit application.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Pursuant to the procedures and standards set forth in Chapter 26310 of the City of Aspen Municipal
Code, the City Council hereby approves the Code Amendment sections initiated by the
Community Development Department as outlined below:
Section 1:
Chapter 26.610, Park Development Impact Fee, of the Municipal Code, which chapter sets forth
how an impact fee is assessed towards new development, is hereby repealed in full and re-
enacted to read as follows:
Sections:
26.610.010
26.610.020
26.610.030
26.610.040
26.610.050
26.610.060
26.610.070
26.610.080
26.610.090
26.610.100
26.610.110
Chapter 26.610
IMPACT FEES
Purpose and intent.
Applicability.
Exemptions.
Definitions.
Imposition, calculation and collection of fees/charges.
Impact fee accounts.
Use of impact fee proceeds.
Credits.
Current impact fees.
Waiver of fees.
Appeals.
26.610.010. Purpose and intent.
For residents and visitors, parks and recreation facilities make up a significant part of the
community character of the City of Aspen. As a result of growth, increased pressure is placed on
existing parks and recreation facilities necessitating acquisition of new park lands and
development of additional recreation facilities in order to maintain the current level of service. In
order to maintain the current community standards for acquisition of open space and
development of parks and recreation facilities, the City of Aspen finds it necessary to impose a
park development impact fee on new development.
Transportation demand management and air quality capital facilities ensure the mobility of
residents, workers, and visitors through multi-modal solutions as well as clean air for the
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community. The Aspen Area Community Plan directs Aspen to maintain traffic levels at or
below 1993 levels in order to protect our environment and quality of life and the City of Aspen
has invested in capital facilities to do so. As new development and growth occurs, increased
pressure is placed upon our existing facilities necessitating expansion of these capital facilities to
maintain the current level of service. In order to maintain the current community standards for
transportation demand management and air quality, the City of Aspen finds it necessary to
impose a Transportation Demand Management/Air Quality impact fee on new development.
This Chapter is enacted for the purpose of implementing the City's plans for capital facilities by
requiring that new development pay for its fair share of such facilities through the imposition of
impact fees that will be used to finance, defray, or reimburse all or a portion of the costs incurred
by the City to serve new development.
26.610.020 Applicability.
Unless expressly exempted, the Park Development Impact Fee and the Transportation Demand
Management (TDM)/Air Quality Impact Fee shall be assessed upon all development within the
City of Aspen which contains new residential units or net leasable space.
26.610.030 Exemptions.
This Chapter does not apply to:
A. Development involving a property listed on the Aspen Inventory of Historic Landmark
Sites and Structures. This exemption is solely for a historic structure and its accessory
structures. Development on a historic landmark property involving a non-historic or new
building shall not be exempt.
B. Alteration, expansion, or replacement of a structure which does not create additional
bedrooms or net leasable space.
26.610.040 Definitions.
When used in this Chapter, the following words, terms, and phrases, and their derivations, shall
have the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning. Other words and terms shall be defined under the Definition section of this
title:
A. Capital facilities means land, structures or equipment for purposes of parks and
recreation, transportation demand management, and air quality. "Capital facilities" also
includes design, engineering, inspection, testing, plarming, legal review, land acquisition, and
all other costs associated with the construction or purchase of land, structures or equipment.
B. Collection means the point at which the impact fee/charge is actually paid to the City.
C. New development or development project means any project undertaken for the purpose
of development, including without limitation, a project involving the issuance of a permit for
construction, reconstruction, or change of use, but not a project involving the issuance of a
permit to operate or to remodel, rehabilitate, reconstruct or improve an existing structure,
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which does not change the number of bedrooms, amount of net leasable space, density or
intensity of use.
D. Impactfee means a monetary exaction imposed by the City pursuant to this Chapter as a
condition of or in connection with approval of a development project for the purpose of
defraying all or some of the City's cost for capital facilities associated with that development
project.
E. Impose means to determine that a particular development project IS subject to the
collection of impact fees as a condition of development approval.
F. Nonresidential development project means all development other than residential
development projects.
G. Residential development project means any development, inclusive of hotel
development, undertaken to create a new dwelling unit or add one or more additional
bedrooms to an existing dwelling unit.
H. Building permit means any City permit that involves increases III the number of
bedrooms, net leasable square footage, and/or changes to land use.
26.610.050 Imposition, calculation and collection offees/charges.
A. Imposition. Except as provided in this Chapter and any amendment to this Chapter, the
City may impose impact fees as a condition of approval of all new development projects.
B. Updated Annually. The base amount of each impact fee for each type of development
project may be calculated armually and adopted by City Council ordinance. The City may
choose to update its fee schedule based on the change in the Engineering News Record
inflation index that occurs between armual updates.
C. Collection. Impact fees shall be collected by the Building Department at the time and as a
condition for issuance of a building permit.
26.610.060 Impact fee accounts.
A. Individual Accounts. The City shall establish an impact fee account for each type of
capital facility for which an impact fee is imposed. The impact fees collected shall be
deposited in each such account according to type of improvement. The funds of the account
shall not be commingled with other funds of the City.
B. Interest Bearing. Each impact fee account shall be interest-bearing, and the accumulated
interest shall become part of the account.
26.610.070 Use of impact fee proceeds.
Impact fees may be expended only for the type of capital facilities for which they were imposed,
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calculated, and collected and according to procedures established in this Chapter. . Impact fees
may be used to pay the principal, interest, and other costs of bonds, notes, and other obligations
issued or undertaken by or on behalf of the City to finance such improvements.
26.610.080 Credits.
A. A property owner who dedicates land or improvements or agrees to participate in an
improvement district or otherwise contributes funds for capital facilities as defined in this
Chapter may be eligible for a credit for such contribution against the impact fee paid.
I. The City Council shall determine:
a. The value of the developer contribution;
b. Whether the contribution meets capital facilities needs for which the particular
impact fee has been imposed; and
c. Whether the contribution will substitute or otherwise reduce the need for capital
facilities anticipated to be provided with impact fee funds.
In no event, however, shall the credit exceed the amount of the applicable impact fee.
B. When additional residential bedrooms, hotel bedrooms, or net leasable space are proposed,
either individually or in combination, a credit for the existing bedrooms or net leasable space
shall be credited towards the development. A credit may only be allocated towards the
development on an individual lot and cannot be assigned towards development on a separate
lot.
C. Any application for credit must be submitted on forms provided by the City before
development project approval. The application shall contain a declaration under oath of
those facts which qualify the property owner for the credit, accompanied by the relevant
documentary evidence.
26.610.090 Current impact fees.
The following impact fees are the result of the "City of Aspen Impact Fee Study and Update of
School Lands Dedication" study, which was sponsored by the City of Aspen and completed by
BBC Research and Consulting on August 7, 2006. This study is available at the Community
Development Department. Impact fees are hereby established as follows:
T bl 610 I I
tF S h d I
a e . , mpac ee c e u e
Parks Development Fee:
Residential and Hotel (studio) $3,543.20
Residential and Hotel (per bedroom) $4,429
Nonresidential (per net leasable sq. ft.) $4.10
TDM/Air Quality Fee:
Residential and Hotel (studio) $398.40
Page 5 of 13
Residential and Hotel (oer bedroom) $498
Nonresidential (per net leasable Sq. ft.) $0.46
Notes:
- An Accessory Dwelling Unit or Carriage House, as defined by and meeting the requirements
of this Title, shall be calculated as an additional bedroom or bedrooms of a single-family or
duplex dwelling.
- When a hotel proposes "lock-off' units, the fee shall be calculated based upon the largest
possible bedroom configuration for a lodging unit. For example, a three bedroom hotel unit
that can be locked-off into a one bedroom unit and two studio units will be charged a fee
based upon the three bedroom hotel unit configuration.
26.610.100 Waiver offees.
Whenever the City Council determines that any part of a proposed development constitutes an
affordable housing development or an Essential Public Facility, as defined by this Title, and
wishes to subsidize the construction, the City Council may exempt that part of the development
from the application of the impact fees, or may reduce by any amount the fees imposed by this
Chapter. As an economic development incentive, a lodging development may apply for a waiver
of the impact fees. An application for a waiver must be made and acted upon by the City Council
prior to the submission of a building permit application. Retroactive waivers are not permitted.
26.610.110 Appeals.
A. Prior to issuance of a building permit, the applicant may challenge the imposition of a fee
imposed pursuant to this Chapter by filing with the Community Development Director a written
notice of appeal as provided in Section 26.316.030, Appeals procedures, with a full statement of
the grounds and an appeal fee as may be fixed from time to time by ordinance by the City
Council. The City may continue processing the building permit application. If the building
permit is available for issuance by the City and the Appeal has not been heard, the building
permit may be issued if a bond or other security in an amount equal to the challenged/unpaid
portion of the impact fee/charge is provided to the City. The appeal shall be heard by City
Council.
Section 2:
Chapter 26.630, School Lands Dedication of the Municipal Code, which Chapter sets forth how
the School Lands Dedication is assessed for new development, is hereby repealed in full and
reinstated to read as follows:
Chapter 26.620
SCHOOL LAND DEDICATION
Sections:
26.620.010
26.620.020
26.620.030
Purpose and intent.
Applicability.
Exemptions.
Page 6 of 13
26.620.040
26.620.050
26.620.060
26.620.070
26.620.080
Definitions.
Imposition, calculation and collection of dedications.
Procedures for Land Dedication and/or Cash Payment.
Current Land Dedication or Cash in lieu fees.
Appeals.
26.620.010. Purpose and intent.
The Aspen School District requires land for necessary school functions, which may include, but
is not limited to, school buildings, support facilities, open space and recreation areas and housing
for employees and their immediate families. The purpose of this provision is to ensure that as
development occurs and enrollment in the schools grows, the current level of service provided to
students can be maintained. This is accomplished by the adoption of standards for new
development to provide land, or cash-in-lieu thereof to the City, for use by the Aspen School
District. The standards are based on the number of students the development generates and the
current level of service standard within the Aspen School District for land area provided per
student.
26.620.020 Applicability.
Unless expressly exempted, the School Land Dedication standard shall be assessed upon all
development within the City of Aspen which contains residential units.
26.620.030 Exemptions.
Any development considered nonresidential development, as defined by this Chapter, is exempt
from the School Land Dedication.
26.620.040 Definitions.
When used in this Chapter, the following words, terms, and phrases, and their derivations, shall
have the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
A. Collection means the point at which land or a cash payment in-lieu is actually transferred
or paid to the City.
B. New development or development project means any project undertaken for the purpose
of development, including without limitation, a project involving the issuance of a permit for
construction, reconstruction, or change of use, but not a project involving the issuance of a
permit to operate or to remodel, rehabilitate, reconstruct or improve an existing structure,
which does not change the number of bedrooms..
C. Land dedication means a land exaction imposed by the City pursuant to this Chapter as a
condition of or in connection with approval of a development project for the purpose of
defraying all or some of the Aspen School District's cost for capital facilities associated with
that development project.
D. Impose means to determine that a particular development project IS subject to the
collection of a land dedication as a condition of development approval.
Page 7 of 13
E. Nonresidential development project means all development other than residential
development.
F. Residential development project means any development undertaken to create a new
dwelling unit or add one or more additional bedrooms to an existing dwelling unit, excluding
Hotel units.
G. Building permit means any City permit that increases the number of bedrooms and/or
changes to land use.
26.620.050 Imposition, calculation and collection of dedications.
A. Imposition. Except as provided in this Chapter and any amendment to this Chapter, the
City may impose a school lands dedication as a condition of approval of all new development
projects. All lands dedicated to the City pursuant to this Section shall be held by the City for
the Aspen School District, until such time as they shall be requested by the School District
for school purposes. The Aspen School District shall be responsible for maintenance of said
lands in a reasonable manner while they are being held by the City.
B. Collection. Land dedications shall be finalized and completed prior to building permit
application. A cash payment in-lieu; however, shall be collected by the Building Department
at the time and as a condition for issuance of a building permit.
1. Funds. All funds collected pursuant to this division shall be transferred by the
Community Development Director to the Finance Director. All funds so collected shall
be properly identified and promptly deposited in a designated account. Funds withdrawn
from this fund shall be used exclusively for the purposes specified herein.
2. City Shall Transfer Funds to School District. Funds collected pursuant to this division
shall be remitted monthly to the Aspen School District. The Aspen School District shall
deposit said funds into an interest-bearing account authorized by law. The Aspen School
District shall be the owt;lers of the funds in the account, but the signature of the chief
financial officer of the Aspen School District, or his or her designee, and the signature of
the finance director of the City of Aspen, or his or her designee, shall be required for the
withdrawal of monies from the account.
3. Administrative Fee. The City shall be entitled to retain two (2) percent of the funds
collected to compensate it for its administrative expenses of collecting the fees. Said fees
shall be deposited in the City's General Revenue fund to be expended as the City shall
determine in its sole discretion.
C. Updated Annually. The land dedication standard imposed may be updated annually and
adopted by City Council ordinance.
Page 8 of 13 .
26.620.060 Procedures for Land Dedication and/or Cash Payment.
A. Land Dedication. Lands to be dedicated to the City to fulfill the standards of this Chapter
shall be identified on the subdivision plat and shall be dedicated to the City at the time of
final plat approval.
I. Acceptance. Acceptance of the lands to be dedicated shall be at the discretion of the
Aspen City Council.
2. Criteria. Prior to acceptance, the City shall consider the comments of the Aspen School
District, to determine whether the lands proposed to be dedicated are of adequate size and
can be suitably developed for school purposes or whether the lands have the capability of
being sold, with the proceeds being used for school purposes. City shall also consider the
probable impacts on neighboring properties of the development of the land for school
purposes. When the lands proposed to be dedicated are not adequate or suitable for
school purposes and cannot feasibly be sold, the City shall require a cash payment in-lieu
of the land dedication.
B. Cash-in-Lieu Payment. Payment of cash in-lieu of a land dedication shall be made to the
City prior to and on a proportional basis to the issuance of any building permits for the
residential dwelling units.
26.620.070 Current Land Dedication and Cash in-lieu fees.
A. The following land dedication is the result of the "City of Aspen Impact Fee Study and
Update of School Lands Dedication" study, which was sponsored by the City of Aspen and
completed by BBC Research and Consulting on August 7, 2006. This study is available at the
Community Development Department. .
The current land area required per student equals 896 square feet. Table 620.1 provides the
student generation rates as follows:
Table 620.1, Student Generation Rates
Bedrooms Total No. of Students Generated
Studio 0.049
1 bedroom 0.062
2 bedroom 0.115
3 bedroom 0.310
4 or more bedrooms 0.452
Note:
- An Accessory Dwelling Unit or Carriage House, as defined by and meeting the
requirements of this Title, shall be calculated as an additional bedroom or bedrooms of
a single-family or duplex dwelling.
- When redevelopment of a property adds bedrooms, the difference between the
generation rates of the existing dwelling unites) and the proposed dwelling unites) shall
be the number of students generated.
Page 9 of 13
Figure 620.1, School Land Dedication Calculation
Land Area per Student Standard (square feet)
multiplied by
Total Students Generated (Provided in Table 620.1, Student Generation Rates)
equals
Total Square Feet to be Dedicated
B. Cash Payment-in-Lieu. An applicant may make a cash payment in-lieu of dedicating land
. to the City, or may make a cash payment in combination with a land dedication, to comply
with the standards of this Chapter. Because of the extraordinary cost of land within the City,
the School District and the City of Aspen agreed to require payment of a cash-in-lieu amount
which is less than the full market value of the land area. The formula to determine the
amount of cash-in-lieu payment for each residential dwelling unit is as follows:
Figure: 620.2, Cash-in-Lieu Formula
Total Square Feet to be Dedicated
multiplied by
Appraised Per Square Foot Value of Land Being Developed
multiplied by
Percentage of Fee to be Charged (0.33 )
equals
Cash-in-Lieu Payment
Figure 620.3, Cash Pavrnent-in-Lieu Example
The following example provides a development scenario in which an eXlstlllg three
bedroom detached residential dwelling is remodeled creating one additional bedroom and
the same parcel is also developed with an additional two bedroom detached residential
dwelling.
Bedrooms
4 bedroom (1 bedroom added)
(4 bedroom Student Generation Rate minus 3 bedroom
Student Generation Rate)
plus
2 bedroom (new)
equals
Total Student Generation Rate
Students Generated
0.142
0.115
0.257
Land Dedication Calculation
Page 10 of 13
Land Area per Student Standard (sq. ft)
multiplied by
Total Students Generated (from above calculation)
equals
Total Square Feet to be Dedicated
896
0.257
230.27 sq. ft.
When calculating a cash payment in-lieu of a land dedication (assuming a total land value
of $1,942,460.00 for a 6,000 sq. ft. lot containing the two dwelling units), the following
calculation would be used to determine the cash payment in-lieu.
Market Value of Land per Sq. Ft.
multiplied by
Total Square Feet to be Dedicated
Multiplied by
Percentage of Fee to be Charged
equals
Cash Payment-in-Lieu
$323.74 per sq. ft.
230.27 sq. ft.
0.33
$ 24,600.71
1. Current Market Value. Current market value means the value of the land at the time of
the cash-in-lieu payment, including site improvements such as streets and utilities, but
excluding the value of residential dwelling units and other structures on the property.
2. Substantiation. Market value may be substantiated by a documented purchase price (if
an arms length transaction no more than two (2) years old) or other mutually agreed upon
recognized means.
3. Appraisal. In the event the developer and the City fail to agree on market value, such
value shall be established by a qualified real estate appraiser acceptable to both parties.
The developer shall pay for the appraisal.
C. Mixed Use Developments. When the proposed development contains a mix of residential,
commercial, or other uses, the required dedication shall be based on the number of proposed
residential units. The estimated land value for the residential units will be calculated on a
proportionate share of residential net livable area of the project compared to the total net
livable and/or net leasable commercial and office space of the project as a whole. For
example, if a new building proposes a mix of uses and the net livable area or net leasable
areas are as follows: residential (6,000 sq. ft), lodging (20,000 sq. ft.), and commercial (3,000
sq. ft.), the proportion of land associated with the residential component is 20.6% of the total
land area.
26.620.80
Appeals.
A. Prior to issuance of a building permit, the applicant may challenge the imposition of a land
dedication imposed pursuant to this Chapter by filing with the Community Development
Director a written notice of appeal as provided in Section 26.316.030, Appeals procedures, with
a full statement of the grounds and an appeal fee as may be fixed from time to time by ordinance
Page 11 of 13
by the City Council. The City may continue processing the building permit application. If the
building permit is available for issuance by the City and the Appeal has not been heard, the
building permit may be issued if a bond or other security in an amount equal to the
challenged/unpaid portion of the land dedication is provided to the City. The appeal shall be
heard by City Council.
Section 3:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or amended
as herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
Section 5:
A public hearing on this ordinance shall be held on the lOth day of October, 2006, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be published in
a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the II th day of September, 2006.
~
Attest:
FINALLY, adopted, passed and approved this& day of 0 d
,2006.
Attest:
Approved as to form:
~fl~
. ttomey
Agenda Item 8.12-1-8-07 Addition to the Board Packet
RESTATED AND AMENDED INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT, is entered into effective as of the 1st day of January, 2007, by and
between the CITY OF ASPEN, Colorado, a home rule municipality and body politic
organized and existing by virtue of the laws of the State of Calc!:!do ('City"), and the
ASPEN SCHOOL'DISTRIrT;1 pollticill subdiv:3i:,.~ :Jft1i~ State of Colorado organizeG
under and existing by virtue of the laws of the State of Colorado ("School District").
WITNESSETH
WHEREAS, the City Council of the City of Aspen adopted Ordinance No. 32, Series of
1995, to establish a school lands dedication and the City and School District entered into
that certain Intergovernmental Agreement dated January I, 1996; and
WHEREAS, the School District and the City desire to enter into this restated and
amended intergovernmental agreement to define the rights and obligations with respect to
Ordinance No. 33, Series of 2006 amending the school land dedication standards set forth
at Chapter 26.630 of the Aspen Municipal Code.
NOW, THEREFORE, in consideration of the objectives and policies herein expressed, it
is agreed by and between the parties hereto as follows:
L The' parties hereto agree that the school land dedication standards, applicability,
dedication schedule, procedures for land dedication and cash payments, and use of land
and funds, shall be as set forth in Ordinance No. 33, Series of 2006.
2. The School District shall periodically, but no less than every three (3) years, review
the dedication schedule set forth in Ordinance No. 33, Series of 2006, to ensure that the
land dedication standards which are assessed are fair and represent the current level of
services provided by the School District.
3. In any calendar Yf'ar that the School District shall receive funds collected from schco!
land dedications, the School District shall submit an annual report to the City Manager,
. on or before December 3], of that year, describing the School District's expenditure of
said funds.
4. To the extent permitted by law, the School District and the City shall each indemnify
and 'hold the other, and their respective officers, employees, and agents, harmless from
claims related to the requisition, collection, or administration of Ordinance No. 33, Series
of 2006.
5. In the event the City and/or School District are named as defendants in any legal
action pertaining or related to Ordinance No. 33, Series of 2006 the following provisions
shall apply:
H:\BOARD Documenls\Board Packels\Board Packet InformationlAgenda ltems\2006-07IAgenda
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Agenda Item 8.12-1-8-07 Addition to the Board Packet
a. The City Attorney and Counsel for the School District shall cooperate in the
defense of said action and any costs and fees incurred for their services shall be
separately borne by the City and School District, respectively,
b. In the event the City and the S~hoo! District, after consultation with the City
Attorney and Counsel for the School District, deem it necessary or appropriate to
eventually select and jointly employ special counsel or expects to assist in the defense of
said action, the reasonable attorney's fees, consultant or expert fees, costs, and expenses.
incurred for said additional joint counsel and experts shall be paid 75 percent by the
School District and 25 percent by the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement which shall
be in force and effect the day and year first above written.
By: .
ITY OF ASPEN
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ASPEN SCHOOL DISTRICT
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