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HomeMy WebLinkAboutresolution.council.075-07 RESOLUTION #75 (Series of 2007) A RESOLUTION APPROVING AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, there has been submitted to the City Council an intergovernmental agreement between the City of Aspen, Colorado, and the Board of County Commissioners of Pitkin County, a copy of which agreement is annexed hereto and made a part thereof, and WHEREAS, the City and County entered into an intergovernmental agreement in January 1984, a first amended and restated intergovernmental agreement in 1989, a second amended and restated intergovernmental agreement in 1999 and a third amended and restated intergovernmental agreement in 2002 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that intergovernmental agreement between the City of Aspen, Colorado, and the Board of County Commissioners of Pitkin County regarding the Aspen/Pitkin County Housing Office, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor of the City of Aspen to execute said agreement on behalf of the City of Aspen. Dated: ~j/ /J1 A I/J /"t? / atJ 1- '!t::nL,yo< 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 September 10,2 7. K . Koch, City Clerk FOURTHTHIRD AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT ASPEN/PITKIN COUNTY HOUSING AUTHORITY THIS FOURTHTHIRD AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT (hereinafter referred to as "Intergovernmental Agreement") made and entered into this day of , 2001~, by and between the CITY OF ASPEN, Colorado, a home rule municipal corporation (hereinafter referred to as "City"); and the BOARD OF COUNTY COMMISSIONERS of Pitkin County, Colorado, a body corporate and politic (hereinafter referred to as "County"): W ITN E SSE T H: WHEREAS, the City is authorized by article XX, section 6 of the Colorado Constitution and City and County are each authorized by Article XIV, Section 18 of the Colorado Constitution, and Section 29-1-;W;204.5, Colorado Revised Statutes to contract with each other to establish a multi-jurisdictional housing authority as a separate governmental entity; and WHEREAS, the City and County entered into an Intergovernmental Agreement on January 9, 1984, a First Amended and Restated Intergovernmental Agreement on September 26, 1989, aRd a Second Amended and Restated Intergovernmental Agreement in September, 1999, and a Third Amended and Restated Intergovernmental Agreement on October 28. 2002. establishing a multi-jurisdictional housing authority under the provisions of C.R.S. 1973, Section 29-1-;W;204.5 which authority is known as the Aspen/Pitkin County Housing Authority (hereinafter referred to as "Authority") for the purpose of providing a program and a system to assure the existence of a supply of desirable and affordable housing for permanent residents, persons employed in the City or the County, senior citizens, disabled persons and other population segments residing or needing to reside in the Roaring Fork Valley which are necessary for a balanced community; and WHEREAS, the City and County desire to create an independent housing authority that has all of the powers set forth at Section 29-1-;W;204.5, C.R.S., and that will function as an advisory and recommending board to the Aspen City Council and the Board of County Commissioners on all matters relating to affordable housing in their respective jurisdictions; and WHEREAS, the City and the County desire to further amend and to restate the ThirdSeesad Amended Intergovernmental Agreement. NOW, THEREFORE, in consideration of the mutual benefits to be derived hereby, the City and the County amend and restate the Intergovernmental Agreement of Page 1 January 9, 1984, and-the Second Amended and Restated Intergovernmental Agreement of Julv 25. 2000 and the Third Amended and Restated Intergovernmental Agreement of October 28. 2002, effective on the date first stated above, to read as follows: I. MULTI-JURISDICTIONAL HOUSING AUTHORITY - PURPOSE. The Aspen/Pitkin County Housing Authority (hereinafter referred to as "Authority") has been established as a multi-jurisdictional housing authority for the purpose of assisting the City and County, upon request by either party, in effecting the planning, financing, acquisition, construction, development, reconstruction or repair, maintenance, management and operation of housing projects pursuant to a multi- jurisdictional plan to provide residential facilities and dwelling accommodations at rental or sale prices within the means of families or persons of low, moderate and middle income who are employed in the City or the County, who reside or need to reside in the City or County, and who have identifiable needs for affordable housing; e.g., limited incomes, senior citizens and disabled persons, as defined by the Authority in published guidelines. The Authority shall be a political subdivision and a public corporation of the State of Colorado, separate from the City and County, and shall be a validly created and existing political subdivision and public corporation of the State of Colorado. It shall have the duties, privileges, immunities, rights, liabilities, and disabilities of a public body politic and corporate. The provisions of Articles 10.5 (the "Public Deposit Protection Act") and 47 (the "Savings and Loan Association Public Deposit Protection Act") of Title II, Colorado Revised Statutes, shall apply to monies of the Authority. The Authority shall have any and all powers, duties, rights and obligations as such are set forth herein and subject to the terms and conditions of this Agreement. In order to facilitate management oversight and to provide additional resources to the Authority, the Authority shall delegate to the City certain administrative functions as more fully described herein. II. BOARD OF DIRECTORS: A. Number; Manner of Appointment, Qualifications, Etc.: The Board shall consist of five (5) Directors (hereinafter referred to as "Directors"), and one (1) alternate, serving staggered terms to be appointed as follows: I. Two Directors shall be appointed by the Board of County Commissioners. 2. Two Directors shall be appointed by the City Council. . 3. One Director and one alternate shall be appointed jointly by the Board of County Commissioners and the City Council. Page 2 4. No Director shall be a member of the Board of County Commissioners, the City Council, or an employee of the City, County, or Authority. All Directors and the Alternate Director shall be residents of Pitkin County. 5. As soon as reasonable after the effective date of this Amended Agreement, the City Council and Board of County Commissioners shall appoint initial Directors as set forth above for the following initial terms: One Director appointed by County: One Director appointed by City: One Director appointed by County: One Director appointed by City: One Joint Director: One joint alternate Director: 4 years 4 years 3 years 3 years 3 years 3 years 6. The terms of each Director and the Alternate Director following the initial term shall be for a period of two years. Notwithstanding the terms set forth herein, Directors and the Alternate Director shall continue to serve as Directors until such time as a successor has been appointed. 7. Directors appointed by the City Council may be removed at the sole discretion of the City Council. Directors appointed by the County Commissioners may be removed at the sole discretion of the County Commissioners. The Jointly appointed Director and the Alternate Director may be removed at the sole discretion of either the City Council or County Commissioners. Upon the removal of a Director or Alternate Director, a replacement shall be appointed by the respective governmental entity(ies) that originally appointed the Director for the unexpired term of the removed Director or Alternate Director. B. Officers: The officers of the Authority shall be a Chair, a Vice Chair, a Treasurer, and a Secretary. I. Chair. The Chair shall preside at all meetings of the Authority. At each meeting, the Chair shall submit such recommendations and information as she or he may consider proper concerning the business, affairs and policies of the Authority. 2. Vice Chair. The Vice Chair shall perform the duties of the Chair in the absence or incapacity of the Chair; and in case of the resignation or death of the Chair, the Vice Chair shall perform such duties as are imposed on the Chair until such time as the Authority shall select a new Chair. Page 3 3. Treasurer. The Treasurer shall perform the duties of the Chair in the absence or incapacity of both the Chair and the Vice Chair. With respect to expenses incurred directly by the Authority (as distinguished from expenses of either the City or County for affordable housing projects and their operations), either the Treasurer or the Secretary shall approve all orders and checks for payment of money and shall payout and disburse such monies under the direction of the City's Finance Director. The Treasurer shall serve as advisor to the Authority and the Board on financial matters. 4. Secretarv. The Secretary shall ensure that the records of the Authority are properly maintained, shall act as Secretary of the meetings of the Authority and ensure that all votes are recorded, and shall ensure that a record of the proceedings of the Authority are maintained in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to his or her office. 5. Election or Appointment. The Chair, Vice Chair, Treasurer, and Secretary shall be elected at the annual meeting of the Authority from among the Directors of the Board, and shall hold office for one year or until their successors are elected and qualified. 6. Vacancies. Should the office of Chair, Vice Chair, Treasurer, or Secretary become vacant, the Board shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. C. Voting Requirements: I. Quorum. The powers of the Authority shall be vested in the Directors of the Board in office from time to time. Three Directors of the Board shall constitute a quorum for the purpose of conducting Authority business and exercising Authority powers and for all other purposes. When a quorum is in attendance, action may be taken by the Authority upon a vote of a majority of the Directors of the Board present. The Altemate Director may be counted for purposes of determining the existence of a quorum at a meeting and may have his or her vote counted only if at least one Director is not present. 2. Manner of Votin!!. The voting on all questions coming before the Authority shall be by roll call, and the ayes and nays shall be entered upon the minutes of such meeting by name, except on the election of officers that may be by ballot. D. Duties of the Officers. The officers of the Authority shall perform the duties and functions of the Authority as prescribed herein and such other duties and functions as may from time to Page 4 time be required by the Authority, the by-laws or rules and regulations of the Authority, or upon the request of the City and County. III. DUTIES OF THE PARTIES. A. PersonneL 1. An Executive Director of the Authority shall be employed by the City who shall report to and be supervised by the City Manager. The City Manager and County Manager shall jointly hire the Executive Director. The City Manager shall have the authority to terminate the employment of the Executive Director in accordance with City Personnel Policies and Procedures, but shall exercise this authority only after reasonable consultation with the County Manager. 2. The Executive Director and all other personnel employed to work under the supervision of the Executive Director shall be City employees, subject to the City's payroll, benefits, and personnel policies and procedures (including disciplinary procedures) . 3. The Executive Director shall work under the supervision of the City Manager and shall receive work assignments from the City Manager. Directors of the Housing Authority may suggest work assignment for the Executive Director to the City Manager, but shall have no authority to directly assign work, tasks, or priorities to the Executive Director or any of his or her staff. 4. Nothing in this Agreement shall create, or is intended to create, or shall be construed to constitute a contract of employment, express or implied between the Executive Director and the Authority, the City or the County. B. Finances and Accounting. 1. The Executive Director shall annually consult and cooperatively work with the City and County Finance Directors to prepare proposed budgets for the City and County relating to affordable housing in their respective jurisdictions. The Authority, upon reviewing the annual budget as presented by the Executive Director shall make recommendation to the City and County for their adoption. The annual budgets shall include funds necessary to reimburse the City for overhead expenses for personnel, finance, administrative, legal, and asset management services consistent with fees charged to other City departments. 2. The Executive Director shall annually consult and cooperatively work with the City's Finance Director to ensure the proper care and custody of all funds of the Authority, the prompt payment of all obligations of the Authority, and the keeping of regular books of accounts showing receipts and expenditures of the Authority. The Executive Director shall render to the Authority, the City and the County, at their regular meetings, or sooner if requested, an account of Authority transactions and also of the Page 5 financial condition of the Authority. The Executive Director shall give such bond for the faithful performance of his or her duties as the City may require. 3. All accounting, payroll, and audit services for the Authority shall be performed by the Finance Department ofthe City. 4. The City's procurement policies, contract documents, and approval policies shall be used for all procurements of goods and services of the Authority except for any goods or services purchased entirely for County projects. A County project shall be defined for purposes of this section as any purchase for goods or services funded entirely by County funds or a combination of County funds and funds from a source other than from the City. 5. For each fiscal year of the City, the County and the Authority (each January 1 through each December 31), the City and County shall each appropriate their prorated share of operational monies necessary to provide for any budgeted deficit arising in connection with the Authority's operations which has been approved by the City and County, provided, however, that bonds, notes or other obligations payable solely from revenues as described in Section 1II hereof shall never constitute an indebtedness of the City or the County. The City and County shall each pay for 50% of the normal operating expenses of the Housing Office. This shall include such normal operating expenses as guideline development, qualifying applicants, enforcement, property management, etc. The City and County shall pay its share of any special projects, which either party may request to be included in the Annual Work Plan. 6. The County shall pay to the City for the benefit of the Authority its share of the Authority's annual budget upon the request of the Finance Director of the City. Both the City Council and the Board of County Commissioners shall approve any increases to the expense budget. 7. On or before April 15 of each fiscal year, the actual operations for the Authority for the immediate preceding fiscal year shall be reviewed by the City and County Finance Directors with the Executive Director for the determination of any necessary final reimbursements (and, therefore, necessary supplemental appropriations of monies by the City and the County) as a result of any non-budget appropriation of Authority staff or expenditure. The City and County hereby agree to make all necessary appropriations within a reasonable time to reconcile the final appropriations of each entity. C Operations. 1. Annual Work Plan. The Executive Director, with the assistance of the Authority, shall annually prepare a detailed Annual Work Plan that specifies goals, tasks, responsible employees and timelines, for the operation of the Authority. The Annual Work Plan shall include a summary detailing progress made in the implementation of action plans set forth in any adopted Strategic Master Plan and Page 6 recommendations for changes to the Strategic Master Plan. Following the review of the Annual Work Plan by the Authority, the Executive Director shall meet with the City Manager and County Manager for approval. The Authority shall review the Annual Work Plan as approved by the City Manager and County Manager and shall make recommendations to the City and County for its approval and adoption. Upon the adoption of the Annual Work Plan by the City and County, the Executive Director shall regularly meet with the City and County managers to review the progress of the implementation ofthe Annual Work Plan. 2. Annual Emvlovee AffeFdahk Housinf! Guidelines. The Executive Director shall prepare Emplovee:\fferdaBle Housing Guidelines every three years, including updates and recommendations for changes every year that: a. Identify "low, lower moderate, upper moderate, middle and upper middle income persons and families" eligible to participate in the housing program established by the City and County; and Should these category designations reflect the State Statute? b. Qualifications for ownership and rental of low, lower moderate, upper moderate, middle and upper middle income housing within the City and the County for the population segments identified by the Authority as required by existing agreements and land use regulations. The Authority shall review the Emplovecf.ffordable Housing Guidelines, including deletions and additions, submitted to it by the Executive Director and shall make recommendations to the City and County for their approval and adoption. 3. The Housinf! Authoritv. The Authority shall meet monthly to conduct its business in accordance with the Colorado Open Meetings Law, Sections 24-6- 401, et seq., C.R.S. and the City of Aspen Municipal Code. The Authority shall be responsible for the following duties: a. To act as emploveeafferdable housing advocates in all of its business by representing the views and perspectives of the larger communities of the City and County and translating those views and perspectives into concrete recommendations to the City and County. b. To review and make recommendations to the City and County with respect to the Annual Work Plan, Housing Guidelines, Affordable Housing Action Plans of the Aspen Area Community Plan, any Emplovee,^.fferdal3le Housing Strategic Master Plans adopted by the City or County, and advise on any other emploveeafferdallle housing related matters referred to it by either the City or County. c. To review specific development proposals initiated by the City or County and make recommendations thereon upon the request of either the City or County. Page 7 d. To assist the City, County, and Executive Director, upon request, to define the need, planning, undertaking, construction, operation, or financing of low, lower moderate, upper moderate, middle and upper middle income housing for the population segments designated here or identified by the Authority residing in or needing to reside in the City or the County; and e. To assist the City, County and Executive Director, upon request, to plan, finance, acquire, construct, reconstruct or repair, maintain, manage, and operate housing projects pursuant to the Annual Work Plan; and f. To assist the City, County and Executive Director, upon request, to purchase, acquire, obtain options, hold, lease (as lessor or lessee), sell, or otherwise dispose of any real or personal property, commodity, or service from firms, corporations, the City, the County, other governmental entities or any other persons; and g. To assist the' City, County and Executive Director, upon request, to investigate housing and efllj'lloymeHt eOHaitiolls ana needs within the jurisdiction of the City or the County and the means and methods for improving those conditions; and h. To review growth management policy applications (or equivalent application procedures as the same are developed or established from time to time) by developers for low, lower moderate, upper moderate, middle and upper middle income housing in the City or the County as requested by the respective Community Development Departments of the City or the County for conformance with housing needs; and 1. To enforce all aspects of the emplovecaffordable housing program, including, but not necessarily limited to, deed restrictions, guidelines, and qualifications; and J. To establish a system to hear appeals from the interpretation or implementation of the Emploveci\ffordable Housing Guidelines and issue final administrative determinations on such appeals. 4, The Executive Director. The Executive Director shall be responsible for the following duties in addition to any duties assigned to him or her by the City Manager: Page 8 a. Working closely with the County and City managers to develop an Annual Work Plan and thereafter implementing said Work Plan under the supervision of the City Manager; and b. Maintaining records of existing low, lower moderate, upper moderate, middle and upper middle income rental or resale restricted housing for the population segments designated herein or identified by the Authority and assure that such housing is used and occupied in accordance with existing City or County development approvals, contracts, or financing requirements; and c. Taking all steps reasonably necessary to assure that all deed restricted units of housing comply with City and County regulations or resolutions concerning rental or resale restricted housing; and d. Negotiating contracts as required to provide for management of Pill!RaflCnt Msaerate HSllsing deed-restricted APCHA units (as that term is defined in f.atHsrity Emplovee,\fforaallle Housing Guidelines as such guidelines are published, modified, amended and supplemented from time to time); and e. To review and recommend establishment of a computerized rental availability record system for use by the City, the County, the population segments designated herein or identified by the Authority and members of the general public; and f. Taking all steps reasonably necessary to provide for marketing and reviewing qualification of applicants for rental deed restricted or for sale emplovecaffonlable housing units, and for marketing, reviewing qualifications of applicants for, and arranging for transfer of title of deed restricted units; and g. Investigating hSHsing ana emplsyment €snaitisnG ana neeas within the joosaietioH sf the City or the COllnty aHa the !ReaRS aIla methsas for improving those eSHaitioHs; aHa g. Investigating housing needs within the iurisdiction of the Citv or the Countv and the means and methods for improving those conditions; and h. To develop and recommend code changes associated with the provisions of the City and County Strategic Master Plan (as the same may be modified, amended and supplemented from time to time); and i. To maintain data indicating housing needs in the City and the County for the population segments designated herein or identified by the Authority. Page 9 5. Proiect Manaf!ement Services bv the City. The City and County acknowledge that the City, because of its current personnel and expertise in construction management, is in a better position than the County to provide construction management services for the development and construction of emplovecafferaable housing. The City agrees to negotiate in good faith with the County to provide construction management services for County funded and sponsored emplovecaffor-dable housing projects. Said agreements shall be on a case-by-case basis and shall include provisions for scope of services to be provided, reimbursement schedules, management responsibilities, and appropriate indemnification and insurance. The parties hereto agree that the City shall not be required to provide construction management services at any time that the City, in its sole discretion determines that it does not have the personnel or resources to provide such services. COIiRt)' pr-ejects cUlTeHtly iaeRtifiea as re(}lliFiRg maHagement services !Fem the Cit)' iRclHdes the Stillv/ater f.fferdable HeHsiRg Preject aHa the 'Needy Creek Meeile Home Prejeet. C. Long-Range Planning. I. Master Housini! Plan. The City and the County, individually or jointly, may periodically adopt a Housing Strategic Master Plan to assist City, County and Authority in the development of priorities, policies, and implementing actions that maximize emploveeafforEiable housing development. Financial support shall be designated to the City or County based on who is directly benefiting from the effort. The Strategic Master Plan may include the following: · Identification of existing community housing needs by type. · Determination of the potential development of affordable sites located within the jurisdiction of the City or County. · Evaluation of the economic performance of the City's or County's affordable housing sites and prototype projects and comparisons of their relative costs and benefits. · Specifications for an emploveeafforaable housing program and phasing schedule that best meets program objectives consistent with available funding sources and levels. · Recommendations for strategies and actions that implement the housing development program. IV. BONDS. NOTES AND OTHER OBLIGA nONS: A. The bonds, notes, and other obligations of the Authority shall not be the debts, liabilities, or obligations of the City or the County unless expressly asswned by the City or the County; B. The City and the County may provide for payment to the Authority of funds from proprietary revenues for services rendered or facilities provided by the Page 10 Authority, from proprietary revenues or other public funds as contributions to defray the cost of any purpose set forth herein, and from proprietary revenues or other public funds as advances for any purpose subject to repayment by the Authority; C. To carry out the purposes for which the Authority was established, the Authority is authorized to issue bonds, notes, or other obligations payable solely from the revenues derived or to be derived from the function, service, or facilities of the Authority or from any other available funds of the Authority. The terms, conditions, and details of said bonds, notes, and other obligations, the procedures related thereto, and the refunding thereof shall be set forth in the resolution authorizing said bonds, notes, or other obligations and shall, as nearly as may be practicable, be substantially the same as those provided by law for any of the contracting parties to this Intergovernmental Agreement; except that bonds, notes, or other obligations so issued shall not constitute an indebtedness of the Authority, the City or the County within the meaning of any constitutional, home rule charter or statutory limitation or other provision unless expressly assumed by the City or the County. Each bond, note, or other obligation issued under this subsection shall recite in substance that said bond, note, or other obligation, including the interest thereon, is payable solely from the revenues and other available funds of the Authority pledged for the payment thereof unless expressly assumed by the City or the County and that said bond, note, or other obligation does not constitute a debt of the Authority, the City or the County or within the meaning of any constitutional, home rule charter or statutory limitations or provisions unless expressly assumed by the City or the County. Notwithstanding any1hing in this Section IV to the contrary, such bonds, notes, and other obligations may be issued to mature at such times not beyond forty (40) years from their respective issue dates, shall bear interest at such rates, and shall be sold at such prices at, above or below the principal amount thereof, as shall be determined by the Board. D. The resolution, trust indenture, or other security agreement under which any bonds, notes, or other obligations are issued shall constitute a contract with the holders thereof, and it may contain such provisions as shall be determined by the Board to be appropriate and necessary in connection with the issuance thereof and to provide security for the payment thereof, including, without limitation, any mortgage or other security interest in any revenues, funds, rights, or properties of the Authority. The bonds, notes and other obligations of the Authority and the income therefrom are exempt from taxation, except inheritance, estate, and transfer taxes pursuant to the Colorado Revised Statutes. V. LEGAL ASSISTANCE: Legal assistance for the Authority shall be provided both by the City and County Attorney's Office for specific problems related to Authority programs; subject, however, to the availability of staff time of the respective attorney offices. The Executive Director may retain independent counsel whenever the City or County Attorney's Offices are unable or unwilling to provide legal representation to the Authority. In addition, the Executive Director may retain independent legal counsel, as needed, for day-to-day Page 11 consultation and legal advice. The City Attorney shall review all contract documents that purport to legally obligate the City in any fashion. The County Attorney shall review all contract documents that purport to legally obligate the County in any fashion. VI. DISPOSITION OF ASSETS UPON TERMINATION: In the event of the termination of this Intergovernmental Agreement which termination may only occur in accordance with the requirements and limitations of Section VII hereof, and the resulting dissolution of the Authority, the assets of the Authority shall be distributed as follows: A. All assets acquired from contributions from the City or the County shall be returned to the contributing party if said assets are still in existence. 8. If assets contributed to the Authority are not in existence, the contributing party shall have the option of receiving the fair market value of the asset at the time of disposal by the Authority in either cash or assets of the Authority. C. All remaining assets acquired by the Authority after the date of this Intergovernmental Agreement from funds provided by the parties shall be distributed to the parties on the basis of the appraised value of said assets at the time of termination and in the same proportion as the respective contributions of funds by the parties for acquisition of the asset. D. The City and the County may agree to dispose of any assets of the Authority in any other acceptable manner. E. If the City and the County cannot agree on the disposition of any assets of the Authority within sixty (60) days after termination, said assets shall be subject to an independent appraisal and shall be sold at public auction as soon as practicable with the proceeds allocated to the City and the County in the same proportion as the total contribution of funds by the respective parties for acquisition of the asset. VII. ANNUAL RENEWAL AND TERMINATION: The term of this Intergovernmental Agreement shall be from the effective date hereof through December 31, 2001;;, and shall automatically be renewed for successive one-year periods thereafter. Either party hereto may terminate this Intergovernmental Agreement for any reason upon ninety (90) days' written notice, provided, however, that this Intergovernmental Agreement may not be terminated or rescinded so long as the Authority has bonds, notes, or other obligations outstanding, unless provision for full payment of such obligations, by escrow or otherwise, has been made pursuant to the terms of such obligations; provided, however, that if full payment has been provided by escrow, such termination or recision shall not occur unless nationally recognized bond counsel has delivered an opinion to the effect that such termination or recision, in and of Page 12 itself, will not adversely affect the tax status of the interest on such escrowed obligations. Furthermore, this Intergovernmental Agreement may not be terminated if the Authority has obligations to the U.S. Department of Housing and Urban Development under any Low Rent Public Housing Program, or other similar program, unless those obligations are assumed by the City or the County. VIII. MODIFICATION OF THIS AGREEMENT This Agreement may be modified by written amendment approved by the City Council and Board of County Commissioners, acting separately. IX. NOTICES: Any formal notice, demand or request provided for in this Intergovernmental Agreement shall be in writing and shall be deemed properly given if deposited in the United States Mail, postage prepaid to: City of Aspen, Colorado c/o City Manager 130 South Galena Street Aspen, Colorado 81611 Board of County Commissioners of Pitkin County, Colorado c/o County Manager 506 East Main Street Aspen, Colorado 81611 Aspen/Pitkin County Housing Authority c/o Executive Director 530 East Main Street, Lower Level Aspen, Colorado 81611 IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Agreement on the day and year first above written. q~ )iJ;L~/ ~ Clerk Mayor ATTEST: CITY COUNCIL OF ASPEN, COLORA APPROVED AS TO FORM: 'tA/~r~A'- City Attorney Page 13 ATTEST: Clerk and Recorder APPROVED AS TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Chairman Page 14 Document 1 of 1 Source: Colorado Statutes/TITLE 29 GOVERNMENT - LOCAUGENERAL PROVISIONS/ARTICLE 1 BUDGET AND SERVICES/PART 2 INTERGOVERNMENTAL RELATIONSHIPS/29-1-204.5. Establishment of multijurisdictional housing authorities. 29-1-204.5. Establishment of multi jurisdictional housing authorities. (1) Any combination of home rule or statutory cities, towns, counties, and cities and counties of this state may, by contract with each other, establish a separate governmental entity to be known as a multijurisdictional housing authority, referred to in this section as an "authority". Such an authority may be used by such contracting member governments to effect the planning, financing, acquisition, construction, reconstruction or repair, maintenance, management, and operation of housing projects or programs pursuant to a multijurisdictional plan: (a) To provide dwelling accommodations at rental prices or purchase prices within the means of families oflow or moderate income; and (b) To provide affordable housing projects or programs for employees of employers located within the jurisdiction ofthe authority. (2) Any contract establishing any such authority shall specify: (a) The name and purpose of such authority and the functions or services to be provided by such authority; (a.S) The boundaries of the authority, which boundaries may include less than the entire area of the separate governmental entities and may be modified after the establishment of the authority as provided in the contract; (b) The establishment and organization of a governing body of the authority, which shall be a board of directors, referred to in this section as the "board", in which all legislative power of the authority is vested, including: (I) The number of directors, their manner of appointment, their terms of office, their compensation, if any, and the procedure for filling vacancies on the board; (II) The officers of the authority, the manner oftheir selection, and their duties; (III) The voting requirements for action by the board; except that, unless specifically provided otherwise, a majority of directors shall constitute a quorum, and a majority of the quorum shall be necessary for any action taken by the board; (IV) The duties of the board, which shall include the obligation to comply with the provisions of parts I, 5, and 6 of this article; ( c) Provisions for the disposition, division, or distribution of any property or assets of the authority; (d) The term of the contract, which may be continued for a definite term or until rescinded or terminated, and the method, if any, by which it may be rescinded or terminated; except that such contract may not be rescinded or terminated so long as the authority has bonds, notes, or other obligations outstanding, unless provision for full payment of such obligations, by escrow or otherwise, has been made pursuant to the terms of such obligations; (e) The expected sources of revenue of the authority and any requirements that contracting member governments consent to the levying of any taxes or development impact fees within the jurisdiction of such member. If the authority levies any taxes or development impact fees, the contract shall further include requirements that: (I) Prior to and as a condition of levying any such taxes or fees, the board shall adopt a resolution determining that the levying of such taxes or fees will fairly distribute the costs of the authority's activities among the persons and businesses benefited thereby and will not impose an undue burden on any particular group of persons or businesses; (II) Each such tax or fee shall conform with any requirements specified in subsection (3) of this section; and (III) The authority shall designate a financial officer who shall coordinate with the department of revenue regarding the collection of a sales and use tax authorized pursuant to paragraph (f.l) of subsection (3) of this section. This coordination shall include but not be limited to the financial officer identifying those businesses eligible to collect the sales and use tax and any other administrative details identified by the department. (3) The general powers of such authority shall include the following powers: (a) To plan, finance, acquire, construct, reconstruct or repair, maintain, manage, and operate housing projects and programs pursuant to a multijurisdictional plan within the means of families of low or moderate income; (a.5) To plan, finance, acquire, construct, reconstruct or repair, maintain, manage, and operate affordable housing projects or programs for employees of employers located within the jurisdiction of the authority; (h) To make and enter into contracts with any person, including, without limitation, contracts with state or federal agencies, private enterprises, and nonprofit organizations also involved in providing such housing projects or programs or the financing for such housing projects or programs, irrespective of whether such agencies are parties to the contract establishing the authority; (c) To employ agents and employees; (d) To cooperate with state and federal governments in all respects concerning the financing of such housing projects and programs; (e) To acquire, hold, lease (as lessor or lessee), sell, or otherwise dispose of any real or personal property, commodity, or service; (f) To condemn property for public use, if such property is not owned by any governmental entity or any public utility and devoted to public use pursuant to state authority; (f.I) (I) Subject to the provisions of subsection (7.5) of this section, to levy, in all of the area within the boundaries of the authority, a sales or use tax, or both, at a rate not to exceed one percent, upon every transaction or other incident with respect to which a sales or use tax is levied by the state. The tax imposed pursuant to this paragraph (f.l) is in addition to any other sales or use tax imposed pursuant to law and is exempt from the limitation imposed by section 29- 2-108. The executive director of the department of revenue shall collect, administer, and enforce the sales or use tax, to the extent feasible, in the manner provided in section 29-2-106. However, the executive director shall not begin the collection, administration, and enforcement of a sales and use tax until such time as the financial officer of the authority and the executive director have agreed on all necessary matters pursuant to subparagraph (III) of paragraph (e) of subsection (2) of this section. The executive director shall begin the collection, administration, and enforcement of a sales and use tax on a date mutually agreeable to the department of revenue and the authority. (II) The executive director shall make monthly distributions of the tax collections to the authority, which shall apply the proceeds solely to the planning, financing, acquisition, construction, reconstruction or repair, maintenance, management, and operation of housing projects or programs within the means of families of low or moderate income. (III) The department of revenue shall retain an amount not to exceed the cost of the collection, administration, and enforcement and shall transmit the amount retained to the state treasurer, who shall credit the same amount to the multijurisdictional housing authority sales tax fund, which fund is hereby created in the state treasury. The amounts so retained are hereby appropriated annually from the fund to the department to the extent necessary for the department's collection, administration, and enforcement of the provisions of this section. Any moneys remaining in the fund attributable to taxes collected in the prior fiscal year shall be transmitted to the authority; except that, prior to the transmission to the authority of such moneys, any moneys appropriated from the general fund to the department for the collection, administration, and enforcement of the tax for the prior fiscal year shall be repaid. (4) The authority established by such contracting member goverrunents shall be a political subdivision and a public corporation of the state, separate from the parties to the contract, and shall be a validly created and existing political subdivision and public corporation of the state, irrespective of whether a contracting member government withdraws (whether voluntarily, by operation of law, or otherwise) from such authority subsequent to its creation under circumstances not resulting in the rescission or termination of the contract establishing such authority pursuant to its terms. It shall have the duties, privileges, immunities, rights, liabilities, and disabilities of a public body politic and corporate. The authority may deposit and invest its moneys in the manner provided in section 43-4-616, C.R.S. (5) The bonds, notes, and other obligations of such authority shall not be the debts, liabilities, or obligations of the contracting member governments. (6) The contracting member governments may provide in the contract for payment to the authority of funds from proprietary revenues for services rendered or facilities provided by the authority, from proprietary revenues or other public funds as contributions to defray the cost of any purpose set forth in the contract, and from proprietary revenues or other public funds as advances for any purpose subject to repayment by the authority. (7) (Deleted by amendment, L. 2001, p. 966, S 1, effective August 8, 2001.) (7.1) The authority may issue revenue or general obligation bonds, as the term bond is defined in section 43-4-602 (3), C.R.S., and may pledge its revenues and revenue-raising powers for the payment of such bonds. Such bonds shall be issued on the terms and subject to the conditions set forth in section 43-4-609, C.R.S. (7.3) The income or other revenues of the authority, all properties at any time owned by an authority, any bonds issued by an authority, and the transfer of and the income from any bonds issued by the authority are exempt from all taxation and assessments in the state. (7.5) (a) No action by an authority to establish or increase any tax or development impact fee authorized by this section shall take effect unless first submitted to a vote of the registered electors of the authority in which the tax or development impact fee is proposed to be collected. (b) No action by an authority creating a multiple-fiscal year debt or other financial obligation that is subject to section 20 (4) (b) of article X of the state constitution shall take effect unless first submitted to a vote of the registered electors residing within the boundaries of the authority; except that no such vote is required for obligations of enterprises established under paragraph (n) of subsection (3) of this section or for obligations of any other enterprise under section 20 (4) of article X of the state constitution. (c) The questions proposed to the registered electors under paragraphs (a) and (b) of this subsection (7.5) shall be submitted at a general election or any election to be held on the first Tuesday in November of an odd-numbered year. The action shall not take effect unless a majority of the registered electors voting thereon at the election vote in favor thereof. The election shall be conducted in substantially the same manner as county elections and the county clerk and recorder of each county in which the election is conducted shall assist the authority in conducting the election. The authority shall pay the costs incurred by each county in conducting such an election. No moneys of the authority may be used to urge or oppose passage of an election required under this section. (7.7) (a) For the purpose of determining any authority's fiscal year spending limit under section 20 (7) (b) of article X of the state constitution, the initial spending base of the authority shall be the amount of revenues collected by the authority from sources not excluded from fiscal year spending pursuant to section 20 (2) (e) of article X of the state constitution during the first full fiscal year for which the authority collected revenues. (b) For purposes of this subsection (7.7), "fiscal year" means any year-long period used by an authority for fiscal accounting purposes. (8) An authority established by contracting member governments shall, if the contract so provides, be the successor to any nonprofit corporation, agency, or other entity theretofore organized by the contracting member governments to provide the same function, service, or facility, and such authority shall be entitled to all the rights and privileges and (f.2) Subject to the provisions of subsection (7.5) of this section, to levy, in all of the area within the boundaries of the authority, an ad valorem tax at a rate not to exceed five mills on each dollar of valuation for assessment of the taxable property within such area. The tax imposed pursuant to this paragraph (f.2) shall be in addition to any other ad valorem tax imposed pursuant to law. In accordance with the schedule prescribed by section 39-5-128, C.R.S., the board shall certify to the board of county commissioners of each county within the authority~ or having a portion of its territory within the district, the levy of ad valorem property taxes in order that, at the time and in the manner required by law for the levying of taxes, such board of county commissioners shall levy such tax upon the valuation for assessment of all taxable property within the designated portion of the area within the boundaries of the authority. It is the duty of the body having authority to levy taxes within each county to levy the taxes provided by this subsection (3). It is the duty of all officials charged with the duty of collecting taxes to collect such taxes at the time and in the form and manner and with like interest and penalties as other taxes are collected and when collected to pay the same to the authority ordering the levy and collection. The payment of such collections shall be made monthly to the authority or paid into the depository thereof to the credit of the authority. All taxes levied under this paragraph (f.2), together with interest thereon and penalties for default in payment thereof, and all costs of collecting the same shall constitute, until paid, a perpetual lien on and against the property taxed, and such lien shall be on a parity with the tax lien of other general taxes. (f.5) (I) To establish, and from time to time increase or decrease, a development impact fee and collect such fee from persons who own property located within the boundaries of the authority who apply for approval for new residential, commercial, or industrial construction in accordance with applicable ordinances, resolutions, or regulations of any county or municipality. (II) Notwithstanding the provisions of subparagraph (I) of this paragraph (f.5), an impact fee may only be imposed by an authority if all of the following conditions have been satisfied: (A) No portion of the authority is located in a county with a population of more than one hundred thousand; (B) The fee is not levied upon the development, construction, permitting, or otherwise in connection with low or moderate income housing or affordable employee housing; (C) The rate of the fee is two dollars per square foot or less; and (D) The authority also imposes a sales and use tax pursuant to paragraph (f.l) of this subsection (3), an ad valorem tax pursuant to paragraph (f.2) of this subsection (3), or both. (g) To incur debts, liabilities, or obligations; . (h) To sue and be sued in its own name; (i) To have and use a corporate seal; (j) To fix, maintain, and revise fees, rents, security deposits, and charges for functions, services, or facilities provided by the authority; (k) To adopt, by resolution, regulations respecting the exercise of its powers and the carrying out of its purposes; (I) To exercise any other powers that are essential to the provision of functions, services, or facilities by the authority and that are specified in the contract; (m) To do and perform any acts and things authorized by this section under, through, or by means of an agent or by contracts with any person, firm, or corporation; (n) To establish enterprises for the ownership, planning, financing, acquisition, construction, reconstruction or repair, maintenance, management, or operation, or any combination of the foregoing, of housing projects or programs authorized by this section on the same terms as and subject to the same conditions provided in section 43-4-605, C.R.S. shall assume all the obligations and liabilities of such other entity under existing contracts to which such other entity is a party. (9) The authority granted pursuant to this section shall in no manner limit the powers of governments to enter into intergovernmental cooperation or contracts or to establish separate legal entities pursuant to the provisions of section 29-1-203 or any other applicable law or otherwise to carry out their individual powers under applicable statutory or charter provisions, nor shall such authority limit the powers reserved to cities and towns by section 2 of article XI of the state constitution. Nothing in this part 2 constitutes a legislative declaration of preference for housing projects owned by authorities over housing projects owned by other or different entities. (10) An authority and the property of an authority shall be exempt from all taxes and special assessments on the same basis and subject to the same conditions as provided for city housing authorities in sections 29-4-226 and 29-4- 227. Source: L. 77: Entire section added, p. 1393, 9 1, effective July 7. L. 2001: Entire section amended, p. 966, 9 1, effective August 8. L. 2002: (10) added, p. 1937, 91, effective June 7. Editor's note: (1) This section was enacted as 929-1-203.5 in Senate Bill 77-488 but was renumbered on revision in the 1977 replacement volume for ease of location. (2) Section 4 of chapter 346, Session Laws of Colorado 2002, provides that the act enacting subsection (10) applies only with respect to taxable years beginning after December 31, 2000. @ 2007 by The Committee on Legal Services for the State of Colorado and Matthew Bender & Company, Inc., a member of the LexisNexis Group. All rights reserved. Use of this product is subject to the restrictions and terms and conditions of the Matthew Bender Master Agreement.