HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/16/2010 - FIRST READING OF ORDINANCE NO. 013, 2010, APPROVIN DATE: February 16, 2010 '
STAFF: Darin Atteberry/Steve Roy • • •
First Reading of Ordinance No. 013, 2010,Approving an Amendment to the Fort Collins-Timnath Intergovernmental
Agreement Regarding Cooperation on Annexation,Growth Management,and Related Issues,Extending the Deadline
for the City of Fort Collins to Accomplish an Amendment to the City's Growth Management Area Boundary and
Extending the Deadline for the Town of Timnath to Exercise an Option to Buy the City-owned Vangbo Open Space
Property.
EXECUTIVE SUMMARY
On February 17,2009,the City of Fort Collins and the Town of Timnath entered into an intergovernmental agreement
regarding annexations,growth management,and related issues. The agreement resolved certain differences that had
arisen between the City and Town concerning a variety of planning and growth management issues. The agreement
set one-year deadlines for the City to amend its Growth Management Area boundary and for the Town to exercise a
purchase option to acquire the City-owned Vangbo Open Space property. Ordinance No. 013, 2010, would extend
those deadlines for six months (with the possible extension for an additional six months) and one year respectively.
BACKGROUND / DISCUSSION
In February 2009,the City Council passed Ordinance No.011,2009,approving an Intergovernmental Agreement(IGA)
between the City of Fort Collins and the Town of Timnath regarding Growth Management Areas (GMAs)for the two
communities and associated issues authorizing the disposition of certain properties. On February 17, 2009, the Fort
Collins-Timnath IGA was signed by both parties.
Section 2.2 of the Fort Collins-Timnath IGA deals with the City's GMA boundary. Specifically, Section 2.2(b) states
that the City shall within one year(by February 17, 2010) seek approval by Larimer County of an amendment to the
Fort Collins-Larimer County IGAchanging the Fort Collins GMA boundaryto be consistentwith the boundary contained
in the Fort Collins-Timnath IGA. Section 2.2(b) goes on to say, "...irrespective of whether or not Larimer County
approves such amendment, Fort Collins shall within the same period of time(by February 17, 2010)take all actions
necessary to amend the boundaries of the Fort Collins GMA as it exists independently of the Intergovernmental
Agreement between Fort Collins and Larimer County..."
The City/County IGA establishes boundaries for the Fort Collins Growth Management Area ("FCGMA")that conflict
with the boundaries established in the Intergovernmental Agreement and states that Fort Collins will not amend those
boundaries without the consent of the County. The County has expressed concerns about amending the FCGMA as
proposed by the Intergovernmental Agreement and having to provide urban level services on a long-term basis to
areas which were, under the City/County IGA, to be annexed into Fort Collins.
Because of the conflicting obligations of Fort Collins under these two agreements, Fort Collins has requested that
Timnath agree to extend the deadline imposed by the Intergovernmental Agreement upon Fort Collins pursuant to
Section 2.2(b) of the Intergovernmental Agreement for six months (with the possible extension for an additional six
months) to afford Timnath and Larimer County adequate time to resolve their differences and come to agreement
about the Timnath/Fort Collins growth management area boundary.
Section 6.1 of the Fort Collins-Timnath IGA deals with an option to the Town of Timnath to purchase the City-owned
Vangbo Open Space property. Again,the IGA indicates that,within one year(or by February 17,2010),"Timnath may,
at its option, exercise the right to purchase the Vangbo" property.
The extension agreement approved by this Ordinance would extend the deadline for City-County approval of the new
Fort Collins GMA boundary by up to one year and would also extend the deadline for Timnath to exercise its option
to purchase the Vangbo property for one year.
February 16, 2010 -2- ITEM 14
FINANCIAL IMPACT
There are no financial impacts of extending the deadlines.
STAFF RECOMMENDATION
Staff recommends adoption of this Ordinance on First Reading.
ATTACHMENTS
1. First Amendment to Intergovernmental Agreement
ATTACHMENT 1
FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
(Regarding Cooperation on Annexation, Growth Management and Related Issues)
THIS FIRST AMENDMENT TO INTERGOVERNMENTAL
AGREEMENT ("Amendment") is made and entered into this day of February,
2010, by and between THE TOWN OF TIMNATH, COLORADO, a Colorado home rule
town, hereafter referred to as "Timnath"), and THE CITY OF FORT COLLINS,
COLORADO, a Colorado home rule municipal corporation, hereinafter referred to as
"Fort Collins".
RECITALS
WHEREAS, on February 17, 2009, Timnath and Fort Collins entered into an
intergovernmental agreement relating to annexation, growth management and related
issues, which agreement resolved certain differences that had arisen between the parties
regarding a variety of planning and growth management issues (the "Intergovernmental
Agreement"); and
WHEREAS, Section 2.2(b) of the Intergovernmental Agreement requires that by
February 17, 2010, Fort Collins seek the approval of Larimer County (the "County") to
amend the boundaries of the Fort Collins Growth Management Area (the "FCGMA") to
match the boundaries that were established by the Intergovernmental Agreement; and
WHEREAS, Section 2.2(b) of the Intergovernmental Agreement also provides
that irrespective of whether or not Larimer County approves the amendment of the
FCGMA, Fort Collins must, within the same period of time, take all actions necessary to
amend the boundaries of the FCGMA independently of the intergovernmental agreement
between Fort Collins and Larimer County dated November 21, 2000 (the "City/County
IGA"); and
WHEREAS, the City/County IGA establishes boundaries for the FCGMA that
conflict with the boundaries established in the Intergovernmental Agreement and states
that Fort Collins will not amend those boundaries without the consent of the County; and
WHEREAS, the County has expressed concerns about amending the FCGMA as
proposed by the Intergovernmental Agreement and having to provide urban level services
on a long-term basis to areas which were, under the City/County IGA, to be annexed into
Fort Collins; and
WHEREAS, because of the conflicting obligations of Fort Collins under these
two agreements, Fort Collins has requested and Timnath has agreed to extend the
deadline imposed by the Intergovernmental Agreement upon Fort Collins pursuant to
Section 2.2(b) of the Intergovernmental Agreement for two six-month periods to afford
Timnath and the County adequate time to resolve their differences and come to
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agreement about the boundary between the Timnath Growth Management Area and the
FCGMA; and
WHEREAS, in consideration of Timnath's willingness to grant the aforesaid
extension, Fort Collins is willing to extend for one year the "option period" established in
Article 6 of the Intergovernmental Agreement within which Timnath has the right to
purchase.from Fort Collins certain open space known as the Vangbo Property.
NOW, THEREFORE, in consideration of the mutual promises of the parties and
other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties agree as follows:
1. Section 2.2(b) of the Intergovernmental Agreement is hereby amended to extend
the period of time within which Fort Collins must amend the FCGMA, so as to read in its
entirety as follows:
(b) Fort Collins shall seek the approval of Larimer County to
amend the boundaries of the FCGMA in accordance with Section 2.2(a) above by
August 17, 2010; provided, however, if Larimer County approval has not been
obtained by August 17, 2010, then Fort Collins shall have until February 17,
2011, to amend the FCGMA in accordance with Section 2.2(a) above. In
addition, and irrespective of whether or not Larimer County approves such
amendment, Fort Collins shall within the same period take all actions necessary to
amend the boundaries of the FCGMA as it exists independently of the
Intergovernmental Agreement between Fort Collins and Larimer County,
Colorado dated November 21, 2000, to conform the FCGMA to the limitations of
Section 2.2(a) above, it being the intention and agreement of the parties that the
requirements of Section 2.1 shall apply to the (as hereby described and amended)
FCGMA boundaries irrespective of any action by Larimer County.
2. Section 6.1 of the Intergovernmental Agreement is hereby amended by changing
the word "twelve (12)" in the first line thereof to "twenty-four (24)", so as to read in its
entirety as follows:
6.1 Option to Purchase. During the twenty-four (24) month period
immediately following the Effective Date of this Agreement (the "Option
Period"), Timnath may, at its option, exercise the right to purchase the Vangbo
Property from Fort Collins ("Purchase Option") for the amount of$1,417,664.00
plus interest on such amount from August 15, 2005 (the date that Fort Collins
acquired the Vangbo Property) to the closing date of the Option Transaction
(collectively, the "Option Purchase Price") by providing written notice to Fort
Collins within the Option Period of the exercise of its Purchase Option ("Option
Notice"). The interest rate, which is designed to recover for the Fort Collins
Natural Areas fund the amount of interest that would have been generated had the
amount of $1,417,664.00 not been used by Fort Collins to purchase the Vangbo
Property, shall be calculated based on the average interest that would have been
earned on such amount in each calendar year (the "Average Annual Interest
2
Rate"), and shall be capped at the rate of four percent (4.0%). For purposes of
calculating the interest rate, Fort Collins shall provide Timnath with evidence of
the Annual Average Interest Rate. In the event Timnath exercises its Purchase
Option, the parties shall cooperate in the preparation and execution of any
necessary documentation to effectuate the purchase and sale of the Vangbo
Property and the transfer of title to Timnath (the "Option Transaction") and shall
close the Option Transaction within one (1) year following the date of the Option
Notice.
3. No Further Modification. Except as expressly amended by this Amendment, the
Intergovernmental Agreement is unmodified and shall continue in full force and effect.
4. Binding Agreement. Both Timnath and Fort Collins intend that this Amendment
shall be binding upon them.
5. Amendments. This Amendment may only be amended, changed, modified or
altered in writing signed by both parties hereto.
6. Governing Law. This Amendment shall be governed by and construed in
accordance with the laws of the State of Colorado.
7. Jointly Drafted; Rules of Construction. The parties hereto agree that this
Amendment was jointly drafted, and, therefore, waive the application of.any law,
regulation, holding or rule of construction providing that ambiguities in an agreement or
other document will be construed against the party drafting such agreement or document.
8. Defined Terms. Capitalized terms used in this Amendment but not otherwise
defined herein shall have the meanings set forth in the Intergovernmental Agreement..
[Remainder of Page Intentionally Left Blank. Signature Pages Follow.]
3
IN WITNESS WHEREOF, the parties of executed this Agreement the day and
year first above written.
THE TOWN OF TIMNATH, COLORADO
By:
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
THE CITY OF FORT COLLINS, COLORADO
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
4
ORDINANCE NO. 013, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN AMENDMENT TO THE
FORT COLLINS-TIMNATH INTERGOVERNMENTAL AGREEMENT
REGARDING COOPERATION ON ANNEXATION, GROWTH MANAGEMENT,
AND RELATED ISSUES, EXTENDING THE DEADLINE FOR THE CITY OF
FORT COLLINS TO ACCOMPLISH AN AMENDMENT TO THE CITY'S
GROWTH MANAGEMENT AREA BOUNDARY AND EXTENDING THE DEADLINE
FOR THE TOWN OF TIMNATH TO EXERCISE AN OPTION TO BUY THE
CITY-OWNED VANGBO OPEN SPACE PROPERTY
WHEREAS, on February 17, 2009, Timnath and Fort Collins entered into an
intergovernmental agreement relating to annexation,growth management and related issues,which
agreement resolved certain differences that had arisen between the parties regarding a variety of
planning and growth management issues (the "Intergovernmental Agreement"); and
WHEREAS, Section 2.2(b) of the Intergovernmental Agreement requires that by February
17,2010,Fort Collins seek the approval of Larimer County(the"County")to amend the boundaries
of the Fort Collins Growth Management Area (the "FCGMA") to match the boundaries that were
established by the Intergovernmental Agreement; and
WHEREAS, Section 2.2(b) .of the Intergovernmental Agreement also provides that
irrespective of whether or not Larimer County approves the amendment of the FCGMA,Fort Collins
must, within the same period of time, take all actions necessary to amend the boundaries of the
FCGMA independently of the intergovernmental agreement between Fort Collins and Larimer
County dated November 21, 2000 (the "City/County IGA"); and
WHEREAS,the City/County IGA establishes boundaries for the FCGMA that conflict with
the boundaries established in the Intergovernmental Agreement and states that Fort Collins will not
amend those boundaries without the consent of the County; and
WHEREAS,the County has expressed concerns about amending the FCGMA as proposed
by the Intergovernmental Agreement and having to provide urban level services on a long-term basis
to areas which were, under the City/County IGA, to be annexed into Fort Collins; and
WHEREAS, because of the conflicting obligations of Fort Collins under these two
agreements, Fort Collins has requested that Timnath agree to extend the deadline imposed by the
Intergovernmental Agreement upon Fort Collins pursuant to Section 2.2(b)of the Intergovernmental
Agreement for six months (with the possible extension for an additional six months) to afford
Timnath and Larimer County adequate time to resolve their differences and come to agreement about
the Timnath/Fort Collins growth management area boundary; and
WHEREAS, Timnath has also requested that Fort Collins extend for one year the "option
period"established in Article 6 of the Intergovernmental Agreement within which Timnath has the
right to purchase from Fort Collins certain open space known as the Vangbo Property; and
WHEREAS,the City Council has determined that the amendment to the IGA between Fort
Collins and Timnath is in the best interests of the City and that the Mayor should be authorized to
execute it.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to enter into an amendment to the Intergovernmental
Agreement Regarding Cooperation on Annexation, Growth Management and Related Issues
extending the deadline for the City to accomplish an amendment to the City's Growth Management
Area boundary and extending the deadline for the Town of Timnath to exercise an option to buy the
City-owned Vangbo Open Space property for the periods of time described above.
Introduced, considered favorably on first reading, and ordered published this 16th day of
February, A.D. 2010, and to be presented for final passage on the 2nd day of March, A.D. 2010.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 2nd day of March, A.D. 2010.
Mayor
ATTEST:
City Clerk