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HomeMy WebLinkAboutR94-023 endorsing concept of agreement for acquisition of denver and rio grande rr right of wayCommissioner c moved adoption of the followin Resolut on: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94 - - a3 RESOLUTION ENDORSING THE CONCEPT OF A DRAFT AGREEMENT FOR THE ACQUISITION OF DENVER AND RIO GRANDE WESTERN RAILROAD RIGHT -OF -WAY IN THE ROARING FORK VALLEY WHEREAS, Pitkin County, Eagle County, Garfield County, the City of Glenwood Springs, the City of Aspen, the Town of Carbon- dale, the Town of Basalt, the Town of Snowmass Village, and the Colorado Transportation Commission are desirous of cooperating in the purchase and ownership of what is known as the Aspen Branch of the Denver and Rio Grande Western Railroad right -of -way; and WHEREAS, the draft agreement attached as Exhibit " A " is still being finalized to insure compliance with the laws of this State, including Amendment I; and WHEREAS, Eagle County wishes to endorse the concepts contained in that draft agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: 1. That the Board of County Commissioners of Eagle County endorses the concept in the agreement attached as Exhibit "A ". 2. The Board of County Commissioners specifically endorses the cooperative acquisition of the Denver and Rio Grande Western Railroad right -of -way in the Roaring Fork Valley. 3. The Board of County Commissioners shall consider approval of the final Intergovernmental Agreement between the parties upon its finalization by counsel for the involved local governments. MOVED, READ of the County of February, 1994. AND ADOPTED by the Board of County ommissioners Eagle, State of Colorado, this _ day of COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: - hnnette Phillips, Chairman George A. Gates, Commissioner s E. J n, ommission Commissioner seconded adoption of the foregoing resolution. The roll"hAvving been called, the vote was as follows: Commissioner Johnnette Phillips Commissioner George A. Gates Commissioner James E. Johnson, Jr. 01 J2 This Resolution passed by 07 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. r \rio.row County Commissioners. EXHIBIT A THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement ") is made this _ day of , 1994, by and between Pitkin County, Eagle County, Garfield County, the City of Glenwood Springs, the City of Aspen, the Town of Carbondale, the Town of Basalt, the Town of Snowmass Village, and the Colorado Transportation Commission (the "Governments "). •' This Agreement is entered into, inter ate, pursuant to Section 29 -1 -201, e4 M., C.R.S., and Article XIV, Section 10, of the Colorado Constitution. WHEREAS, the Governments are duly constituted goverrtmemal entities governed by Boards or Councils elected by qualified electors of the counties, cities and towns mentioned above, or is a Commission appointed by the Governor of the State, all of which are located in Colorado; and, WHEREAS, the Governments are desirous of cooperating in the purchase and ownership of a portion of what is known as the Aspen Branch of the Denver and Rio Grande Western Railroad right -of -way (the "Property"). Said purchase will satisfy the mutual, immediate goal of retaining the Property for the good of the general public, and will allow for the development of a comprehensive plan for the highest and best public use of the Property. Public uses of the Property under this future plan shall be as a transportation corridor and can also include recreational opportunities and access to adjacent public lands; and, WHEREAS, The Boards, Councils and Commission of the respective Governments are authorized to execute this Intergovernmental Agreement on behalf of the Governments; and, WHEREAS, the Governments have determined it is in the best interests of the citizens of the Roaring Fork Valley to enter into this Intergovernmental Agreement. NOW, THEREFORE, the Governments do hereby approve of the Intergovernmental Agreement as follows: b. Powers and Responsibilities of the Board of Directors The Board shall meet regularly to discuss matters concerning the management and operation of the Property, and will make decisions effecting this management and operation by majority vote. A majority vote is defined as comprising at least two - thirds (213rds) of the voting members in attendance at the meeting or voting by proxy on a given issue. Each Director representing one of the Governments which have contributed to the purchase of the Property shat have voting privileges. Directors from Governments which have not directly contributed to the purchase of the Property shalt have no voting privileges, At large Directors shall have no voting privileges. Each voting Director shall have one vote, and shall be bound to cast votes on issues pursuant to the direction of their respective government body. Provisions will be allowed to enable the governments to cast written proxies when voting on matters of interest to the management of the property. A quorum of at least seven (7) voting Directors will be required to conduct a meeting of the Board. As required by the Colorado Open Meetings Act, meetings of the Board will be adequately noticed in local publications and will be open to the public to attend. Time will be allotted during each meeting for public comment. Management of the Property, and the work or services required to manage the property, will be the responsibility of the Board of Directors, and will not the responsibility of the Governments or their staff. The Board of Directors shall have the ability, if adequately funded, to contract professional services and procure materials and services as necessary to adequately manage the property. The Board of Directors will not have the authority to hire full -time staff for the management or planning of the Property. C, Limitations of the Board of Directors The Board of Directors has no power to levy taxes. charge user fees, or negotiate use agreements for the benefit of Property. The Board of Directors can not bind any of the Governments to actions required under decisions, recommendations or resolutions that are outside of the powers and responsibilities of the Board of Directors. d. Stewardshin of the ProB The overall goals of the management of the Property are three -fold: i) to negotiate for the purchase of the Property on behalf of the Governments and to act as the Owner of the Property until the termination of this Agreement, ii) to operate the Property in it's existing condition until a comprehensive plan of action is developed to implement a use or uses appropriate and agreeable to all of the Governments, and iii) to develop and have approved such a comprehensive plan. L The Directors shall appoint a negotiating team for acquisition of the Property. The team shall be made up of at least three individuals and shall include at least one elected official. The Negotiating Team shall act as the buyers representative and work directly with the Owner to determine the nature of the Property prior to developing agreeable terms for the purchase of the Property. Once an ownership and encumbrance evaluation, an opinion of the rights to the Property hold by the present owner. atld an.enviromnental audit of the Pro perty is conducted and any other ternts as defined by the negotiating team have been met to the satisfaction of all parties, the Prapetry shoji be sold to the Directors and retained in the Directors undivided ownership until the termmation of this agreement. ii. The Governments agree that, after purchase of the Property has been completed, the Property will be managed to allow for uses now in place. If any one Government wishes to utilize all or a portion of the Property for a new or different use within the jurisdiction of that Government, it may do so provided that such a use does not preclude the desired future uses as determined by the Board of Directors. It is the responsibility of the Government proposing this new or different use to prove and otherwise insure that the use will Z.. 3 3 not preclude any desired future use from occurring to the satisfaction of the Board of Directors. The Governments recognize the potential issues surrounding certain existing physical conditions of the Property, in particular existing and proposed at -grade crossings by public rights -of -way and accesses. Placement, modification, improvement and/or relocation of at -grade crossi*igs will be allowed provided that these improvements follow generally accepted standards and do not result in negatively impacting the preferred future use of the Property. Attached as Exhibit "B" is an inventory of the Property identifying and locating these at -grade crossings and specific standards to be required of possible improvements. iii. The Governments understand that a Comprehensive Plan for the property (hereinafter the "Plan ") must be approved prior to development of the property for preferred uses. The Plan shall include the following: A listing and description of possible uses for the property, including but not limited to such improvements necessary to place and operate a public transportation system, public trail, and/or access to public lands; A detailed improvements and operations plan for the ultimate preferred use(s) on the property, including a recommended management and funding strategy. The Plan shall be integrated and developed in conjunction with other, existing planning processes evolving in the valley, including but not limited to the Basalt to Buttermilk Environmental Impact Statement Transit Feasibility Study, the Snowmass to Aspen Transportation Plan, the Mount Sopris Transportation Project, the Buttermilk to Aspen Environmental Impact Statement and the Glenwood Springs Alternate Route Environmental Assessment. The Governments further recognize that Pitkin County presently owns approximately eight (8) miles of the Property as described within Exhibit "C ". Currently, this portion of the Property is used by the public as a trail and for recreational access, and has been preserved by Pitkin County as a potential transportation corridor. Pitkin County agrees to bind this portion of the Property to the conditions of this Agreement provided that the existing conditions and policies concerning this portion of the Property are kept in force until such a time that the Agreement expires or a comprehensive plan for the Property is approved. The Governments shall develop, consider and approve the Plan for the Property within thirty- six (36) months of the date this Agreement is signed. S. Liquids 'on of property It is understood that liquidation or sale of the property will not occur under this Agreement. However, this Agreement recognizes that liquidation of some or all of the Property may occur and allows for this sale only if determined necessary by the Governments as a part of the Plan for the ultimate preferred use of the Property. 6, Entire Agreement This Agreement and the exhibits attached hereto contain the entire understanding of the parties. There are no representations, warranties, covenants or undertakings other than those expressly set forth herein. This addendum may not be modified or amended except by writing signed by both of the parties hereto. 7. Counte0aarts This Agreement may be executed in counterparts and, as executed, shall constitute one addendum binding on all parries hereto notwithstanding that all said parties are not signatory to the original or same Agreement. 4 P 1 S. Recordation Upon full execution of this Agreement, the Agreement shall be placed of record in the real property records of the Clerk and Recorder of Pitkin County, Eagle County and Garfield County, Colorado. 9. Binding Effect This Agreement shall be binding upon and shall. inure to the benefit of the parties hereto and their respective heirs, successors and assigns. 10. Unenforceable Provision If any provision of this Agreement shall be determined to be void by any court or competent jurisdiction, such determination shall not effect any other provision hereof, all of which other provisions shall remain in full force and effect so long as all the material provisions hereof can be performed. It is the intention of the parties hereto that, if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, the provision will have the meaning which renders it valid. 11. Governing Law The interpretation, construction and performance of the Agreement shall be governed by the laws of the State of Colorado. In the event of any litigation, jurisdiction and venue shall be with the Courts of Pitkin County, Eagle County, or Garfield County, Colorado, 12, Cations Paragraph headings are inserted for convenience only and they shall in no way define, limit or prescribe the scope or intent of this Agreement. • t This agreement shall remain in full force and effect for thirty-six (36) months, and can be renewed for mutually accepted, subsequent terms until the underlying purposes of this Agreement are met. If any or all of the Governments intend not to renew the Agreement, they shall notify the Board of the intent no to renew. Such notification shall be made in writing at least ninety (90) calendar days prior to the end of any term of the Agreement. Any Government choosing not to new the Agreement for an additional term shall forfeit any rights to property ownership and control given by this Agreement. • K • EXECUTED the date first written above. BOARD OF COUNTY COMMISSIONERS PITKIN COUNTY. COLORADO BOARD OF COUNTY COMMISSIONERS EAGLE COUNTY, COLORADO Bob Child, Chairman BOARD OF COUNTY COIvI IISSIONERS GARFIELD COUNTY, COLORADO CITY COUNCIL GLENWOOD SPRINGS, COLORADO 5 � Chairman CITY COUNCIL CITY OF ASPEN. COLORADO Mayor TOWN COUNCIL TOWN OF BASALT, COLORADO Mayor Mayor TOWN COUNCIL CARBONDALE,COLORADO Mayor TOWN COUNCIL SNOWMASS VILLAGE, COLORADO Mayor COLORADO DEPARTMENT OF TRANSPORTATION COLORADO TRANSPORTATION COMMISSION Chairman ATTEST: Jeanette Jones, Deputy County Clerk APPROVED AS TO FORM: John Ely, Assistant County Attorney 0 j EXHIBIT "A" Formula to Split Financial and Ownership Participation Aspen W 23t Sncwmass Village i3% Pitkin County (unincornorated) 20% Basalt lk nag'_e County (Unincorporated) 6& Carbondale 4& Glenwood Springs 17% Garfield County (unincorporated) 169; TOTAL 100% 7 7 R1 Existing Inventory of the Property Standgrds and Specifications for Improvements to At -Grade Crossings Legal Description of the Portion of the Property Owned by Pitkin County 0