HomeMy WebLinkAbout013 - 03/02/2010 - APPROVING AN AMENDMENT TO THE FORT COLLINS-TIMNATH INTERGOVERNMENTAL AGREEMENT REGARDING COOPERATION 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 j d day of March, A.D. 2010.
May
ATTEST:
%L
City Clerk
Passed and adopted on final reading on the 2nd day o ar h, A.D. 2010.
May
J
-ATTEST: -
City'Clerk