HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/18/2014 - FIRST READING OF ORDINANCE NO. 048, 2014, AUTHORIZAgenda Item 19
Item # 19 Page 1
AGENDA ITEM SUMMARY March 18, 2014
City Council
STAFF
Ginny Sawyer, Policy and Project Manager
SUBJECT
First Reading of Ordinance No. 048, 2014, Authorizing the Execution of a New Intergovernmental Agreement
Pertaining to a Regional Road Impact Fee Program, Adopting a Regional Road Impact Fee Schedule,
Ratifying Certain Past Actions Related to Such Fee and Amending Sections 7.5-8 and 7.5-87 of the City
Code.
EXECUTIVE SUMMARY
The purpose of this item is to execute a new intergovernmental agreement (IGA) with Larimer County that
allows for the collection of a Regional Road Impact Fee at the time of development. The Ordinance adopts a
fee schedule and ratifies past collections and certain actions that were inconsistent with the City Code. The
Ordinance also amends Section 7.5-85(d) of the City Code pertaining to the remittance and expenditure of the
fee.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 2000, the City and Larimer County entered into an IGA with Larimer County agreeing that the City would
collect a Regional Road Impact Fee. The fee is collected at the time a building permit is issued. The Regional
Road Impact Fee helps generate revenue for off-site road improvements that are necessitated by new
development. The fee revenues are only used on capacity related improvements that are of mutual benefit to
both the City and the Larimer County.
The original written IGA was adopted in 2000 and expired in 2010; however, the parties have continued the
Regional Road Fee Program as contemplated under the IGA. Even though the City’s collection of the fee is not
conditioned upon the Agreement (it is in the City Code, Chapter 7), having an IGA in place articulates the need
and the desire for collaboration between the City and County in responding to continued growth and
development which will increase demand for road capacity on the regional road system. Therefore, a new IGA
has been prepared and is being presented for Council’s consideration. The new IGA will remain in place
indefinitely unless and until it is terminated by one of the parties. Either party can cancel it upon 60 days
written notice.
Originally, the fee was envisioned as a true regional fee, with all communities in Larimer County collecting a
fee for roads outside the major communities. Ultimately, Fort Collins was the only community other than
Larimer County to adopt the fee. Because of this, the fee has operated as a Larimer County-Fort Collins
collaboration of resources and staff making improvements to regionally significant roads within the Fort Collins
Growth Management Area.
Recently completed projects include Taft Hill Road between Harmony and Horsetooth, the turn lanes at Taft
Hill/Trilby intersection, turn lane improvements at Shields/Trilby and at Gulley’s Greenhouse, and Taft
Agenda Item 19
Item # 19 Page 2
Hill/LaPorte intersection improvements. Future projects that need Council recognition as being of substantial
benefit include Shields Street from Vine to Willox and the Shields Street and Vine intersection improvements.
The Larimer County Land Use Code specifies that its Regional Transportation Capital Expansion Fees must
be updated to reflect changes in road construction costs during the previous year. The methodology for
adjustments is based on a two-year moving average calculated from the Colorado Construction Cost Index
data compiled by Colorado Department of Transportation.
Larimer County’s procedure for fee adjustments is to update the two-year moving average using the most
recent prior year construction cost index data and calculate new adjusted fees. If the change is less than 5%
the new fees become effective without further action by the Board of County Commissioners (BCC). If the
increase exceeds 5% the County’s Land Use Code specifies that the BCC review and approve the fee change.
The County typically adjusts and adopts new fees in July of each year. The 2013 Fee Table is included as
Exhibit B to the Ordinance. The fee change for a regional single family detached home will be a $12 increase
(4.7% increase). Under the City Code, changes in the amount of the County fee do not take effect in the City
until the City Council approves a new fee schedule. Council is asked to adopt the latest Regional Road Impact
Fee schedule.
Ratifications
After the original IGA was adopted and the fee was added to City Code in 2000, fee adjustments were made in
2008, 2009, 2010, and 2011. However, the adjustments to the City’s fee schedule were not presented to the
Council for approval before being implemented. Therefore, because the Code requires Council approval of the
fee schedule, Section 2 of the Ordinance ratifies those fee amounts.
Finding of Substantial Benefit
The City Code and the IGA both require that road improvements be listed on the County capital improvement
inventory (CIP) and be considered by Council to be of substantial benefit to the residents of the City. Of the
five projects completed under this program, one was not formally approved by City Council. That project at a
cost of cost $117,000 was the Taft Hill/LaPorte intersection improvements., Two future projects, that were not
on the CIP, the Larimer County Shields Street Improvements and the Vine/Shields Intersection project, also
have not been formally approved by Council to be of substantial benefit. The Larimer County Shields
Improvements include curb and gutter, bike lanes and sidewalk from Vine to the Poudre River, and travel lanes
and bike lanes from the Poudre River to Willox. The Vine/Shields project is an intersection improvement.
Section 3 of this ordinance identifies all three projects as having substantial benefit to the residents of Fort
Collins.
Operational Improvements
The City Code amendments, and the IGA, reflect additional operational changes, including:
Clarifying that improvement projects shall be on the most recent Regional Road CIP and be approved
by City Council as being of substantial benefit to City residents. Council approval of individual projects
will no longer be required as long as those projects are on the Council approved Regional Road CIP
and sufficient funds have been appropriated to construct the projects. Eliminating the holding period
for revenues to allow for consistency with the way in which other fees are currently handled; fee
revenues will be forwarded monthly to the County.
Eliminating the requirement that any City Code modifications related to the program be approved by
the County.
Past and Future Practices
City staff clearly acknowledges the inconsistencies between the Regional Road Fee practices, the City Code
and IGA. These inconsistencies are driving changes to tracking agreements and contracts Citywide. In regard
to the Regional Road Impact Fee Program, the following will now become practice:
Agenda Item 19
Item # 19 Page 3
Any changes to this fee will be brought with other annual fee changes which are customarily brought to
Council in December in conjunction with the annual budget appropriation ordinance. The County is
aware of the lag time in our schedules.
Planning, Development, and Transportation will “own” this fee and will ensure there is a review of the
program at least every three years.
The County will provide a “City-specific” CIP reflecting the benefit district to the City of Fort Collins.
It is important to note the benefits of this program. Since Fort Collins is the only community participating, all
improvements to date and into the future are within the City’s Growth Management Area (GMA) and directly
benefit Fort Collins residents. The fees have been and are reasonable and have not exceeded the costs of
any projects. Transportation is a high priority for the community and is an area that is in continual need of
funding to meet shortfalls and improve infrastructure. This fee has facilitated improvements that otherwise
would not have happened.
FINANCIAL / ECONOMIC IMPACT
The fees are collected on behalf of Larimer County and the program. Revenues from the fees will pass
through City accounts and will not affect City revenue limits under Article X, Section 20. Adoption will result in
an increase to development fee payers.
ATTACHMENTS
1. Powerpoint presentation (PPTX)
1
Ginny Sawyer, Project and Policy Manager
Regional Road Fee
Intergovernmental Agreement and
Code Changes
City Council Regular Meeting
March 18, 2014
2
Background
• Original IGA adopted in 2000.
• Intended as a truly regional fee but Fort Collins
has been the only participating city.
• All projects and money spent has been within
Growth Management Area (GMA.)
• Regional Road Fee codified at Chapter 7.5,
Article VI.
3
Regional Road Fee - History
Example fee is for single-family detached.
YEAR COUNTY CITY
COUNCIL
APPROVED
2000-2007 $164 $164 $164
2008 $258 $258 $164
2009 $273 $273 $164
2010 $265 $265 $164
2011 $251 $273 $164
2012 $258 $273 $164
2013 $278 $273 $164
4
Regional Road Fee - Collections
YEAR COLLECTIONS YEAR COLLECTIONS
2000 $247,264 2007 $487,349
2001 $411,976 2008 $299,646
2002 $308,022 2009 $66,546
2003 $298,374 2010 $205,766
2004 $374,485 2011 $137,667
2005 $257,241 2012 $291,235
2006 $264,413 2013 $405,013
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Regional Road Fee - Projects
YEAR
FEE
PORTION
TOTAL
COST
PROJECT
2006 $1,736,400 $1,823,594
Taft Hill Road (between Harmony &
Horsetooth, turn lanes at Taft Hill/Trilby)
2007 $0 $0 No projects
* 2008 $117,000 $117,000 Taft Hill/LaPorte intersection improvements
2009 $110,000 $110,000 Shields/Trilby intersection improvements
2011 $223,700 $223,700
North Bound Left Turn Lane Shields to
Gulley Greenhouse Driveway
*Committed
2014-2015
$1,700,000 $6,200,000
Larimer County Shields Street
Improvements
*Committed
2015
$325,000 $1,700,000 Vine and Shields Intersection Improvements
*These projects included in Section 3-finding substantial benefit.
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Ordinance
• Ratifies Fee Adjustments
• Finding of Substantial Benefit for:
– Taft Hill/LaPorte Improvements
– Larimer County Shields Street Improvements
– Vine/Shields Intersection Project
• Approves New IGA
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Code Changes
• Improvement projects shall be on the most recent Regional
Road CIP and be approved by City Council as being of
substantial benefit to the City;
• Fee revenues will be sent monthly to allow for consistency
to other fees and to current practice;
• Code modifications related to the program no longer
approved by the County.
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Future Practices
• Any fee changes will be brought with annual fee changes
typically brought to Council in December.
• Planning, Development, and Transportation will “own” this
fee and will ensure there is a review of the program at least
every three years.
• City-wide initiative underway to track contracts and
agreements.
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ORDINANCE NO. 048, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF A NEW INTERGOVERNMENTAL AGREEMENT
PERTAINING TO A REGIONAL ROAD IMPACT FEE PROGRAM,
ADOPTING A REGIONAL ROAD IMPACT FEE SCHEDULE,
RATIFYING CERTAIN PAST ACTIONS RELATED TO SUCH FEE AND AMENDING
SECTIONS 7.5-85 AND 7.5-87 OF THE CODE OF THE CITY OF FORT COLLINS
WHEREAS, the City is authorized under Article XX, Section 6 of the Colorado
Constitution to adopt appropriate ordinances and regulations for the purpose of promoting and
preserving the public health, safety and welfare of the citizens of the City, and has the full right
of self-government in local municipal matters including, without limitation, the power to
regulate, as matter of purely local concern, the development of real property within the City; and
WHEREAS, the City Council has determined that future growth and new development in
the City should contribute a proportionate share of the cost of providing the capital
improvements necessary to mitigate the impacts of such growth and new development; and
WHEREAS, by adoption of Chapter 7.5, Article II of the City Code, the City Council has
adopted certain capital improvement expansion fees to help defray the capital cost of expanding
public facilities within the City in order to accommodate new development in the City; and
WHEREAS, the Larimer County Commissioners and the City Council have determined
that the imposition of a regional road impact fee is an effective method to ensure that new
development bears a proportionate share of the costs of improving the regional road system that
serves both City and County residents, and expanding that system as necessary to accommodate
new development; and
WHEREAS, Larimer County and the City have the authority to cooperate in adopting
regional fees for such purposes pursuant to the Colorado Constitution, the Colorado statutes and
the Charter of the City of Fort Collins; and
WHEREAS, in 2000, pursuant to Article XIV, Sections 18(2)(a) and (b) of the Colorado
Constitution; Sections 29-20-105 and 29-1-203, C.R.S.; and Article II, Section 16 of the Fort
Collins City Charter, the City and Larimer County entered into an intergovernmental agreement
(the “Original IGA”), the purpose of which was to jointly adopt a regional capital improvement
expansion fee program for the purpose of providing road capital improvements for the regional
road system (the “Fee Program”); and
WHEREAS, the Original IGA was authorized by the City Council pursuant to Resolution
2000-024, adopted on February 1, 2000; and
WHEREAS, pursuant to the Original IGA, the City Council implemented the Fee
Program within the City by enacting Article VI of Chapter 7.5 of the City Code, establishing a
Regional Transportation Capital Improvement Expansion Fee (the “Fee”); and
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WHEREAS, City Code Section 7.5-82(2(1)(c) states in part that the amount of the Fee
should be in accordance with a fee schedule approved by the City Council by ordinance; and
WHEREAS, in addition, City Code Section 7.5-85(b) states that Fee revenues must be
spent on those regional road capital improvement projects that are: (1) included in the Regional
Road Capital Improvements Plan (“Regional Road CIP”) developed by Larimer County for
expanding County-maintained arterial and collector roads in the unincorporated areas of the
County that primarily serve traffic moving between cities, and (2) approved by the City Council
by ordinance or resolution and determined by the City Council to be of substantial benefit to the
residents of the City; and
WHEREAS, on February 15, 2000, by the adoption of Ordinance No. 13, 2000, the City
Council approved the then-current Regional Road CIP; and
WHEREAS, in 2008, the City transferred to the County for expenditure Fee revenues in
the amount of $117,000 for a project known as the “2008 Taft Hill/Laporte Intersection
Improvements,” which project was not listed on the Regional Road CIP; and
WHEREAS, in addition, there are two other projects yet to be constructed that are not on
the Council-approved Regional Road CIP, namely, the “Larimer County Shields Street
Improvements” from Vine to Willox and the “Vine and Shields Intersection Improvements,”
which City staff believes should be approved by the City Council as being appropriate for the use
of Fee revenues; and
WHEREAS, the City Council believes that these three projects are all of substantial
benefit to the residents of the City; and
WHEREAS, Code Sections 7.5-85(d) and 7.5-87 establish processes for handling Fee
revenues and periodically reviewing the way in which the Fee has been established, sized and
administered; and
WHEREAS, during the period of time that the Fee has been in place, some of the
foregoing requirements have not consistently been followed, and City staff has recommended
that the City Council ratify the actions taken by the City in furtherance of the Fee Program
during that period of time, and that certain changes be made to the administrative requirements
of the Fee Program; and
WHEREAS, projections show that there will be continued growth and development in
the region over the next twenty years which will increase the demand for capacity on the regional
road system; and
WHEREAS, the City Council has determined that a new intergovernmental agreement
should be executed for an indefinite period of time.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby authorizes the Mayor to execute a new
Regional Road Impact Fee Intergovernmental Agreement for an indefinite term, in substantially
the form attached hereto and incorporated herein as Exhibit “A,” with such additional terms and
conditions as the City Manager, in consultation with the City Attorney, determines to be
necessary and appropriate to protect the interests of the City or effectuate the purpose of this
Ordinance.
Section 2. That the City Council hereby ratifies all Fee amounts heretofore imposed
and collected by the City under Section 7.5-82 of the City Code.
Section 3. That the City Council hereby finds that the following projects are of
substantial benefit to the residents of the City, and hereby approves the expenditure of Fee
revenues for said projects: the “2008 Taft Hill/Laporte Intersection Improvements,” the
“Larimer County Shields Street Improvements” and the “Vine/Shields Intersection” project.
Section 4. That the City Council hereby adopts and approves a new fee schedule as
required pursuant to Section 7.5-82(c)(1) of the City Code, which fee schedule is attached hereto
as Exhibit “B.”
Section 5. That Section 7.5-85(a), (b) and (d) of the Code of the City Fort Collins is
hereby amended to read as follows:
Sec. 7.5-85. Benefit districts.
(a) Establishment. For the purpose of further ensuring that feepayers receive
sufficient benefit for fees paid, all of the area within Larimer County is hereby designated
as the Regional Transportation Capital Improvement Expansion Fee Benefit District (the
"Benefit District"); provided, however, that the expenditure of fee revenues shall be made
only for those regional road improvements approved by the City Council by ordinance or
resolution, as provided in subsection (b) below.
(b) Expenditure. Regional Ttransportation capital improvement expansion fee funds
shall be spent solely for transportation improvements within the Benefit District. within
which the traffic-generating development paying the fee is located. The expenditure of
regional transportation capital improvement expansion fee funds collected within the City
shall be limited to those regional road capital improvement projects included in the most
recent Regional Road CIP, and approved by the City Council by ordinance or resolution,
which projects shall be determined by the City Council to be of substantial benefit to the
residents of the City last approved by the City Council as consisting of road
improvements within the Benefit District that are of substantial benefit to the residents of
the City. If, within any period of three (3) consecutive years from the date that the first
regional transportation capital expansion fee revenues are forwarded to the County's
Regional Road Impact Fee Administrator by the participating local governments, all of
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said participating local governments, including the City, have been unable to agree upon
a plan for expenditure of such funds, all unexpended monies theretofore transmitted to
the County's Regional Road Impact Fee Administrator shall be returned to the
participating local governments, together with a proportionate share of the accrued
interest on said funds. The City shall then refund any such funds received from the
County to the feepayers, or their successors in interest (if the development subject to the
fee has been sold by the feepayer), pursuant to the following procedures:
. . .
(d) Establishment of trust fund. There is hereby established the Regional
Transportation Capital Expansion Fee Trust Fund for the purpose of assuring that
feepayers receive sufficient benefit for regional transportation capital improvement
expansion fees paid. All regional transportation capital improvement expansion fees
collected by the Financial Officer pursuant to this Division shall be paid over to the
County by the City, less a two-percent administration fee, on a quarterly basis; provided,
however, that all such regional road impact fee revenues shall be held in an interest-
bearing account by the City for one (1) year from the date of collection of the same
before being forwarded, together with accrued interest thereon, forwarded monthly to the
County’s Regional Impact Fee Administrator. Upon receipt, said fee revenues shall be
forthwith deposited by the County into a Regional Transportation Capital Improvement
Expansion Fee Trust Fund (the "Trust Fund"). Any proceeds in the Trust Fund not
immediately necessary for expenditure shall be invested in an interest-bearing account.
All income derived from these investments shall be retained in the Trust Fund. Records
of the Trust Fund accounts shall be available for public inspection in the County's
Regional Road Impact Fee Administrator's office, during normal business hours. All
monies within the Trust Fund shall be expended only as provided in this Article.
Section 6. That Section 7.5-87 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-87. Review every three years.
At least once every three (3) years, the Fee Administrator shall recommend to the City
Manager whether any changes should be made to the regional transportation component
of Larimer County's Transportation Capital Expansion Fee and Park In-Lieu Fee Study,
the Regional Road CIP and this Division. For making this determination, the Fee
Administrator shall consult with the Regional Road Impact Fee Administrator of the
other participating local governments. The purpose of this review shall be to analyze the
effects of inflation on actual costs, to assess potential changes in needs, to assess any
changes in the characteristics of land uses and to ensure that the regional transportation
capital improvement expansion fees will not exceed a pro rata share. Before any
modifications of this Division shall be effective they shall be approved by the Board of
County Commissioners and the governing bodies of all participating local governments.
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Introduced, considered favorably on first reading, and ordered published this 18th day of
March, A.D. 2014, and to be presented for final passage on the 1st day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 1st day of April, A.D. 2014.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Exhibit A
REGIONAL ROAD IMPACT FEE
INTERGOVERNMENTAL AGREEMENT
This Regional Road Impact Fee Intergovernmental Agreement (hereinafter “Agreement”)
is entered into, made, and enacted this _____ day of ____________, 2014, by and between the
Board of County Commissioners of Larimer County, Colorado (hereinafter referred to as “the
County”) and the Governing Body of the City of Fort Collins, Colorado, a Colorado municipal
corporation (hereinafter the “City”);
W I T N E S S E T H:
WHEREAS, the region to which this Agreement refers consists of the entirety of the
unincorporated County, including the incorporated area of the City (the “Region”); and
WHEREAS, the County and the City recognize that there is a regional road system that
connects the urban areas within the County (the “Regional Road System”); and
WHEREAS, projections show that there will be continued growth and development in
the Region which will increase the demand for capacity on the Regional Road System; and
WHEREAS, Larimer County is updating its transportation master plan (the “Larimer
County Transportation Master Plan”) and has prepared an impact fee study (the “Larimer County
Road Capital Expansion Fee and Park In-Lieu Fee Study”), based upon the Larimer County
Transportation Master Plan, for the purpose of determining the proportionate amounts that
should be paid by the developers of real property in the County to defray the costs of
constructing improvements to the Regional Road System that are needed to mitigate the impacts
of their developments; and
WHEREAS, the County and the City have determined that the imposition of a regional
road impact fee is an effective method to ensure that new development bears a proportionate
share of such costs, and that such fee promotes and protects the public health, safety and welfare;
and
WHEREAS, the County and the City have the authority to adopt such a fee pursuant to
the Colorado Constitution and the Colorado statutes; and
WHEREAS, it is the objective of the County and the City to make the most efficient use
of their powers by adopting and jointly administering a program to manage the collection and
expenditure of Fee revenues to fund improvements to the Regional Road System in order to
maintain an appropriate level of service on those roads (the “Fee Program”); and
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WHEREAS, in 2000, pursuant to Article XIV, Sec. 18(2)(a) and (b) of the Colorado
Constitution; Sections 29-20-105 and 29-1-203, C.R.S.; and Article II, Section 16 of the Fort
Collins City Charter, the City and Larimer County entered into an intergovernmental agreement
(the “Original IGA”) to implement the adoption of the Fee Program; and
WHEREAS, the Original IGA was authorized by the City Council by the adoption of
Resolution 2000-24, on February 1, 2000; and
WHEREAS, pursuant to the Original IGA, the County implemented the Fee Program in
unincorporated Larimer County by the adoption of a Regional Road Capital Expansion Fee upon
the developers of land use projects in such area; and
WHEREAS, similarly, the City Council implemented the Fee Program within the City by
enacting Article VI of Chapter 7.5 of the City Code, establishing a Regional Transportation
Capital Improvement Expansion Fee (the “Fort Collins Fee”); and
WHEREAS, projections show that there will be continued growth and development in
the region which will increase the demand for capacity on the regional road system; and
WHEREAS, the City Council has determined that a new intergovernmental agreement
should be executed for the purpose of extending the Fee Program.
NOW, THEREFORE, pursuant to the provisions of Article XIV, Sections 18(2)(a) and
(b) of the Colorado Constitution, Sections 29-20-105 and 29-1-203, C.R.S., and Article II,
Section 16 of the Fort Collins City Charter, and in consideration of the mutual promises
contained herein and for other good and valuable consideration, it is hereby agreed by and
between the parties hereto as follows:
1. Agreement to Jointly Exercise Powers. The County and the City agree to continue to
jointly use their authority to plan for and implement the Fee Program for the Region.
2. Joint Responsibilities. The parties’ responsibilities under this Agreement shall be as
follows:
a. Planning Responsibilities/Preparation of Region's Capital Improvement
Program (CIP). Larimer County has conducted a transportation study of the
Region and prepared a regional road capital improvements plan (the “Regional
Road CIP”) and, shall, from time-to-time update the same. Updates of the
Regional Road CIP shall not be effective within the jurisdiction of the City until
they have been approved by the City Council as consisting of road improvements
within the Region that are of substantial benefit to the residents of the City.
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b. Administrative Responsibilities of Program. Larimer County shall administer
the Fee Program and the Board of County Commissioners of Larimer County
shall appoint a Regional Road Impact Fee Administrator who shall be responsible
for the day-to-day administration of the Fee Program in the County, with
assistance from the City. Specifically, the Regional Road Impact Fee
Administrator shall be responsible for the following:
(i) Administration of independent fee calculation studies, credits, and
refunds.
(ii) Receipt of the City revenues generated by the Fort Collins Fee, less an
administrative fee charged by the City not to exceed two (2) percent per
annum, which revenues shall be delivered to the Regional Road Impact
Fee Administrator on a monthly basis each year. The Regional Road
Impact Fee Administrator shall transfer these funds into a Trust Fund.
Any change to the amount of the County’s Fee shall become effective in
the City only upon the approval thereof by the City Council.
(iii) Administration of the expenditure of funds from the Trust Fund. The
Regional Road Impact Fee Administrator shall, upon request by the City,
prepare a report and recommendation regarding the proposed expenditures
of trust fund monies for road improvements shown on the Regional Road
CIP, and promptly submit the same to the City. After review of the
recommendation, the City shall approve or modify the recommended
expenditures of monies held in the Trust Fund. Expenditures shall be
limited to those road capital improvement projects approved for
expenditure by the City. If, within a period of three (3) consecutive years
from the date that Fort Collins Fee revenues are first forwarded to the
Regional Road Impact Fee Administrator by the City, the parties have
been unable to agree upon a plan of expenditure for such funds, all monies
theretofore transmitted to the Regional Road Impact Fee Administrator
shall be returned to the City, together with a proportionate share of the
accrued interest on said funds, and all obligations of the parties under this
Agreement shall cease. The City shall refund said funds to the feepayers
or to their successors in interest in those instances where developments
subject to the fee have been sold by the feepayers.
(iv) Any Fort Collins Fees collected by the City and transferred to the County
under the authority of this Agreement shall be returned by the County to
the feepayer or the feepayer's successor in interest (if the development
subject to the fee has been sold by the feepayer) if the Fort Collins Fee
revenues have not been spent within seven (7) years from the date the
building permit for the development was issued, along with the interest
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earned on such fees. All fees shall be deemed to be spent on the basis of
the first fee collected shall be the first fee spent. The refund shall be
administered by the Regional Road Impact Fee Administrator.
(v) Initiation of a review of the Regional Road Impact Fee Study, Regional
Road CIP and the fees imposed by the County and the City under this
Agreement will be conducted by the parties at least once every three (3)
years to determine if any modifications need to be made to the program.
Before any modifications to the Regional Road Study take effect, they
shall be approved by the City Council and the Board of County
Commissioners.
3. Duration. This Agreement shall be of indefinite duration.
4. Claims and Lawsuits. In the event that the fees imposed by the County and/or the City
under this Agreement are challenged by any party through the filing of a notice of claim
with the City under the Colorado Governmental Immunity Act or the commencement of
any litigation, the County and the City agree to pay their own costs and attorneys’ fees
related to such claim or litigation. However, the County further agrees, immediately
upon receiving any notice from the City of the filing of such a notice of claim or the
commencement of such litigation, to segregate and hold in a separate account the full
amount of any Fort Collins Fee revenues theretofore delivered to the County by the City
which are, or may be, the subject of such notice of claim or litigation, provided that such
fee revenues have not been expended or encumbered by the County, pursuant to a fully
executed agreement between the County and a third party, for the purpose of designing,
engineering or installing improvements for regional roads, or acquiring rights-of-way for
such regional roads. Such amounts shall be held by the County and not expended until
the dispute that is the subject of the notice of claim or litigation has been finally resolved,
either by agreement or by a final decision of any court having jurisdiction over the
matter, at which time said fee revenues shall be expended, to the extent they are
sufficient, to satisfy any amount due to the claimant(s) or plaintiff(s) pursuant to the
terms of any settlement agreement or final court decision. The City shall have the right,
in its sole discretion, to settle any such claims or lawsuits, utilizing, if necessary in the
City’s judgment, the full amount of the funds held by the County under this provision.
5. Termination. Either party shall have the authority to terminate its participation in this
Agreement and the Fee Program upon sixty (60) days written notice to the other party.
Following any such termination, the parties shall negotiate in good faith to agree upon the
regional road improvements to be funded by any Fort Collins Fee revenues theretofore
forwarded to the County by the City and remaining in the trust fund as of the date of
termination. In the event that, within six (6) months from the date of termination, the
parties have not been able to reach agreement with regard to any such proposed
expenditures, the remaining amount of City funds in the trust fund shall be forthwith
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returned to the City, together with all accrued interest on said funds, and all other
obligations of the parties under this Agreement shall cease.
BOARD OF COMMISSIONERS
LARIMER COUNTY, COLORADO
By: ___________________________________
Chair
ATTEST:
___________________________
Deputy and Clerk of the Board
CITY OF FORT COLLINS, COLORADO
a Colorado municipal corporation
By: __________________________________
Mayor
ATTEST:
_________________________
City Clerk
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