HomeMy WebLinkAbout005 - 02/05/2013 - APPROVING A FIFTH AMENDMENT TO THE FORT COLLINS-TIMNATH INTERGOVERNMENTAL AGREEMENT REGARDING COOPER ORDINANCE NO. 005, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING A FIFTH AMENDMENT TO THE
FORT COLLINS-TIMNATH INTERGOVERNMENTAL AGREEMENT
REGARDING COOPERATION ON ANNEXATION, GROWTH MANAGEMENT,.
AND RELATED ISSUES, EXTENDING THE DEADLINES FOR THE CITY AND
TOWN TO AMEND THEIR GROWTH MANAGEMENT AREA BOUNDARIES
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 Latimer County to amend the boundaries of the Fort
Collins Growth Management Area(the"FCGMA")to match the boundaries that are specified in the
Intergovernmental Agreement; and
WHEREAS, Section 2.2(b) of the Intergovernmental Agreement also provides that
irrespective of whether or not the County approves the amendment of the FCGMA, Fort Collins
shall, 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 Latimer
County dated November 21, 2000 (the "City/County IGA"); and
WHEREAS,Section 2.3(b)of the Intergovernmental Agreement contains a similar provision
stating that Timnath shall, within one year, amend the boundaries of its Growth Management Area
(the"TGMA")to match the boundaries that are specified in the Intergovernmental Agreement; and
WHEREAS,due to a number of extenuating circumstances,the parties have not yet been able
to accomplish the amendment of their respective growth management area boundaries; and
WHEREAS; the parties have previously executed three addenda to the Intergovernmental
Agreement that have extended the deadline for the parties to amend their respective growth
management areas to February 12,2013,as well as a Fourth Amendment that dealt with an unrelated
provision in the Intergovernmental Agreement; and
WHEREAS, the parties wish to execute a Fifth Amendment to the Intergovernmental
Agreement to further extend the period of time within which both parties will amend the boundaries
of their growth management areas until August 12, 2013,or such later date as the City Manager and
the Timnath Town Manager may agree in writing is reasonably necessary to finalize the
amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to enter into a Fifth Amendment to the
Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management and
Related Issues in substantially the form attached hereto 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.
Introduced, considered favorably on first'reading, and ordered published this 15th day of
January, A.D. 2013, and to be presented for final passage on the 5th day of February, A.D. 2013.
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Passed and adopted on final reading on the 5th day of February, A.D. 2013.
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FIFTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
(Regarding Cooperation on Annexation, Growth Management and Related Issues)
THIS FIFTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
("Amendment') is made and entered into this day of , 2013, by and between
THE TOWN OF TIMNATH, COLORADO, a Colorado home rule town (hereinafter
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 to amend the
boundaries of the Fort Collins Growth Management Area (the "FCGMA") to match the
boundaries that are specified in the Intergovernmental Agreement; and
WHEREAS, Section 2.2(b) of the Intergovernmental Agreement also provides that
irrespective of whether or not the County approves the amendment of the FCGMA, Fort
Collins shall, 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, Section 2.3(b) of the Intergovernmental Agreement contains a similar
provision stating that Timnath shall, within one year, amend the boundaries of its Growth
Management Area (the "TGMA") match the boundaries that are specified in the
Intergovernmental Agreement; and
WHEREAS, due to a number of extenuating circumstances, the parties have not
yet been able to accomplish the amendment of their respective growth management area
boundaries; and
WHEREAS, the parties have previously executed First, Second and Third
Amendments to the Intergovernmental Agreement that have extended the deadline for
the parties to amend their respective growth management areas to February 12, 2013;
and
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WHEREAS, on November 13, 2012, the parties executed a Fourth Amendment to
Intergovernmental Agreement, which modified provisions of the Intergovernmental
Agreement related to funding and execution of work in connection with proposed flood
mitigation improvements in the Boxelder Creek Basin; and
WHEREAS, the parties wish to execute a fifth amendment to the
Intergovernmental Agreement to further extend the period of time within which both
parties will amend the boundaries of their growth management areas, which extension
will be until August 12, 2013, or such later date as the City Manager and the Timnath
Town Manager may agree in writing is reasonably necessary to finalize the amendments.
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. Extension of Time for FCGMA Amendment. 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 that such Section reads 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. In addition, and
irrespective of whether or not Larimer County approves such amendment, Fort Collins
shall, on or before August 12, 2013, take all actions necessary to amend those
boundaries to 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 of,
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. Notwithstanding the foregoing, if the Fort Collins City Manager and the
Timnath Town Manager, in their discretion, determine that additional time is necessary to
finalize the amendments of the FCGMA and TGMA as contemplated herein, and that the
City and the Town have been working diligently toward that end, they may agree in writing
to further extend the deadlines established in this paragraph (b) and in Section 2.3(b)
below. Any such extension agreement may be approved and executed on behalf of Fort
Collins by the Fort Collins City Manager and on behalf of Timnath by such officer or
employee of Timnath as may be authorized by the Timnath Town Council by resolution or
motion.
2. Extension of Time for TGMA Amendment. Section 2.3(b) of the
Intergovernmental Agreement is hereby amended to extend the period of time within
which Timnath must amend the TGMA, so that such Section reads in its entirety as
follows:
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(b) Timnath shall amend the TGMA in accordance with Section
2.3(a) above on or before August 12, 2013,
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.
IN WITNESS WHEREOF, the parties have executed this Amendment the day and
year first above written.
THE TOWN OF TIMNATH, COLORADO
By:
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM
Town Attorney
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THE CITY OF FORT COLLINS, COLORADO
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM
City Attorney
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