The URL can be used to link to this page

Home My WebLink AboutC05-204 IGA Pitkin County 8b6"'e:4o/f... It) INTERGOVERNMENT AL AGREEMENT BY AND BETWEEN EAGLE COUNTY AND PITKIN COUNTY FOR MATTERS OF STATE INTEREST This Intergovernmental Agreement (hereinafter referred to as the "lGA") by and between the County of Eagle, a body politic and corporate of the State of Colorado (hereinafter referred to as "Eagle County") and the County of Pitkin, a body politic and corporate ofthe State of Colorado (hereinafter referred to as "Pitkin County") is made to be effective on this 13 day of October, 2004. WITNESSETH: WHEREAS, Eagle County and Pitkin County believe that a coordinated approach to land use planning is necessary to ensure quality growth and development; and WHEREAS, impacts of land use activities such as site selection and construction of major new water and sewage treatment systems; the major extension of domestic water and sewage treatment systems; efficient utilization of municipal and industrial water projects; or any large scale water project activities (hereinafter referred to as "Water Development Activity or Water Development Activities") may cross jurisdictional boundaries; and I WHEREAS, Pitkin County has adopted various land use and environmental regulations that apply to water development activities and areas and acts of state interest within Pitkin County; and WHEREAS, Eagle County has adopted various land use and environmental regulations that apply to water development activities and areas and acts of state interest within Eagle County; and WHEREAS, Eagle County wishes to authorize Pitkin County to consider impacts within the boundaries of Eagle County caused by certain Water pevelopment Activities to be constructed within Pitkin County; and WHEREAS, Pitkin County wishes to authorize Eagle County to consider impacts within the boundaries of Pitkin County caused by certain Water Development Activities to be constructed within Eagle County; and WHEREAS, Colorado Revised Statutes S29-20-105(l) in accordance with ~29-1-201 and Article XXIV, Section 18(2)(a) ofthe Colorado Constitution, authorizes local governments to incorporate or contract with other units of government for the purpose of planning or regulating development of land, including the joint exercise of planning, zoning, subdivision and other land use regulations; and WHEREAS, Colorado Revised Statutes S29-20-105(2)(a), in accordance with 929-1-201 and Article XXIV, Section 18(2)(a) of the Colorado Constitution, allows local governments to . . provide through Intergovernmental Agreements for the joint adoption of mutually binding and enforceable land use plans for areas within their jurisdictions; and WHEREAS, Eagle County and Pitkin County desire to cooperate and enter into this IGA in order to ensure that a fair and open process exists for the review of those Water Development Activities that may be proposed in either county through joint adoption of a mutually binding and enforceable agreement. NOW THEREFORE, in consideration of the above and the mutual covenants and commitments made herein, the parties agree as follows: 1. DEFINITIONS. The following tenns as set forth below: 1.1 Affected County. The County that is a party to this lOA and likely to be affected by the proposed Water Development Activity. 1.2 Jurisdictional Boundaries. The geographic boundaries of Eagle County and Pitkin County. 1.3 Permit. A land use permit, a development permit or a 1041 Penuit required prior to Development under either Pitkin or Eagle County land use regulations. 1.4 Permit Criteria. Those substantive criteria and standards duly adopted in land use regulations of either County that must be satisfied before a Permit can be granted. 1.5 Project Area. The area of land in unincorporated Pitkin County or Eagle County that is affected by the land use activity that is the subject of this Agreement. 1.6 Regulatory County. The County that is a party to this IGA with legal responsibility for issuing a Permit for Development in the Project Area. 2. REFERRAL TO AFFECTED COUNTY. A complete Permit application for a Water Development Activity within a Project Area of either County shall be immediately forwarded to the Mfected County, and no final action shall be taken thereon by the Regulatory County until the Affected County has had the opportunity to respond in writing to the Permit application. To be considered, the Affected County's response shall be received by the Regulatory County within twenty (20) days of date of referral. 2.1 If the Affected County's response is timely received by the Regulatory County, the Regulatory County may choose to consider impacts that may occur within the Project Area of the Affected County in evaluating whether the Water Development Project will comply with Permit Criteria. 2.2 If the Regulatory County chooses to consider impacts that may occur within the Project Area of the Affected County, then written comments and proposed Permit conditions. if any, submitted by the Affected County, and any testimony and evidence presented by the Affected County during public hearing(s) shall be considered by the Regulatory County during the Permit decision process. 2 --- - 2.3 The parties acknowledge that nothing herein shall be interpreted as either (i) affecting the authority of the Regulatory County to render a decision upon any Permit application based solely on the administrative record as presented or (ii) predetermining the outcome of such application proceeding. 3. CONTROLLING PERMIT CRITERIA. The parties agree that the Permit Criteria that will be used to evaluate impacts within the boundaries ofthe Affected County shall be the Permit Criteria of the Regulatory County. 4. TERMINATION. The parties agree that either the Board of County Commissioners for Eagle or Pitkin County may terminate all or any portion of this Intergovernmental Agreement at their option. If at any time during the term of this Intergovernmental Agreement Eagle or Pitkin County desires to terminate this Intergovernmental Agreement the terminating County is required to provide written notice thirty (30) days delivered by U.S. Mail before the end of the actual present month. 5. AMENDMENTS. This Intergovernmental Agreement contains the entire agreement between the parties. Any amendment of this IGA shall take place only upon approval by resolution adopted by the governing body of each County, after notice and hearing as may be required by law. 6. MODIFICATION AND WAIVER. No modification or waiver ofthis IGA or any covenant, condition or provision contained herein shall be valid unless in writing and duly executed by all parties. 7. BINDING AGREEMENT. This IGA shall be binding upon the parties hereto, the respective successors or assigns, and may not be assigned by any County without the express written consent of the other parties. 8. SEVERABILITY. If any portion ofthis IGA is held by a court in a final, non- appealable decision to be per se invalid or unenforceable as to either County, the entire IGA shall be terminated, it being the understanding and intent ofbo_th parties that every portion of the lOA is essential to and not severable from the remainder. 9. AUTHORITY TO ENTER IGA. The signatories to this IGA affirm and warrant that they are authorized to enter into and execute this IGA, and all necessary actions, notices, meetings and/or hearings pursuant to any law required to authorize its execution of this IGA have been made. 10. NO THIRD COUNTY RIGHTS. This IGA does not and shall not be deemed to confer upon or grant to any third County any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. 11. GOVERNING LAW AND VENUE. This IGA shall be governed by the laws of Colorado. Venue and jurisdiction for any dispute arising from or out of this Agreement shall lie with the District Court in and for Eagle County, Colorado. 3 . .. 12. The Board of County Commissioners for each County hereby finds, determines and declares that this lOA shall be adopted and ratified by a resolution after a public hearing is held. Said resolution is necessary for the health, safety and welfare of the citizens of each county. 13. COUNTY REPRESENTATIVES. Referrals made under the terms of this lGA shall be sent to the County's representatives as follows: ENTITY: REPRESENTATIVES: County of Eagle Director of Department of Community Development P.O. Box 179 Eagle, Colorado 81631 County of Pitkin Attention: Pitkin County Community Development Department 130 S. Galena St. Aspen, CO 81611 Name and address changes for a representative shall be made in writing, mailed to th.e other representative at the then current address. TIDS INTERGOVERNMENTAL AGREEMENT, made and entered into is to be effective on the date first set forth above. COUNTY OF EAGLE, STATE OF . COL 0, By and Through Its Bo d ofC nty Commissioners By: By: . Teak J. Simonton, Clerk to the . Menconi, Cbairman Board of County Commissioners COUNTY OF PITKIN, STATE COLORADO, By and Through Its Board of County Commissioners A TTES : By:fatiC J~ -W#I tp../ By: Jeanette J Dorothea Farris, aIr Clerk to th ty Commissioners 4 "'" -'