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HomeMy WebLinkAbout2000-014-01/18/2000-AUTHORIZING THE CITY MANAGER TO ENTER INTO AN IGA WITH GOCO AND FIVE PARTNER ENTITIES FOR PHASE TWO RESOLUTION 2000-14 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND AND A NEW INTERGOVERNMENTAL AGREEMENT WITH FIVE PARTNER ENTITIES FOR PHASE TWO OF THE POUDRE-BIG THOMPSON RIVERS LEGACY GRANT PROJECT WHEREAS, the Board of the Great Outdoors Colorado Trust Fund (the "Board") is a political subdivision of the State of Colorado, created by Article XXVII of the Colorado Constitution,adopted at the November 1992 General Election,which article designates a portion of the net proceeds of the Colorado Lottery to the Board and directs the Board to invest those proceeds in the State's parks, wildlife, open space and recreational resources; and WHEREAS, the Board has created a statewide Legacy Project Grant Program designed to further wildlife programs through the Colorado Division of Wildlife("DOW");outdoor recreation programs through the Colorado Division of Parks and Outdoor Recreation("DPOR"); open space and natural areas programs through the DPOR, DOW, municipalities, counties, or nonprofit land conservation entities;and local government open space,trails and other outdoor recreation facilities; and WHEREAS, the goal of the Legacy Project Grant Program is to bring together public and private organizations in a spirit of cooperation and with a common goal to complete projects of state- wide benefit; and WHEREAS, in 1996, the City of Fort Collins, City of Greeley, City of Loveland, Estes Valley Park and Recreation District,Larimer County, Town of Windsor, Weld County,the Nature Conservancy,Poudre River Trail Corridor,Inc.,DOW,and DPOR(the"Phase I Partners")submitted a detailed project application to the Board for the completion of the project entitled the Poudre-Big Thompson Rivers Legacy Project,which was approved by the Board in the amount of three million four hundred thousand dollars ($3,400,000), on October 23, 1996 ("Phase I of the Project"); and WHEREAS, in September 1998, the Council adopted Resolution 98-128, authorizing the City Manager to enter into the Poudre-Big Thompson Rivers Legacy Project Grant Agreement with the Board of the Great Outdoors Colorado Trust Fund(the"GOCO Board"),together with the City of Greeley,City of Loveland, Estes Valley Park and Recreation District,Larimer County,Town of Windsor, Weld County,the Nature Conservancy, and Poudre River Trail Corridor, Inc.,regarding Phase I of the Legacy Grant Project (the "Grant Agreement"); and WHEREAS,with the adoption of Resolution 98-128,the Council further authorized the City Manager to enter into the Poudre-Big Thompson Rivers Legacy Project Memorandum of Understanding with the City of Greeley, City of Loveland, Estes Valley Park and Recreation District, Larimer County, Town of Windsor, Weld County, the Nature Conservancy, and Poudre River Trail Corridor, Inc., Colorado Division of Wildlife, and Colorado Division of Parks and Outdoor Recreation, regarding Phase I of the Project(the "Phase I MOU"); and WHEREAS, in late 1998, the Grant Agreement and Phase I MOU were executed, and the Legacy Grant Project is now proceeding toward completion later this calendar year; and WHEREAS, in early 1999, the City, on behalf of itself and the Town of Windsor, City of Loveland,Estes Valley Park and Recreation District,Larimer County,Poudre River Trail Corridor, Inc.,and the Colorado Division of Parks and Outdoor Recreation(the"Phase II Partners"),submitted an application for additional funds from the GOCO Board to supplement those funds previously granted for Phase I of the Project and provide for the completion of additional riparian corridor protection,trail construction,and environmental learning center site improvements("Phase II of the Project"); and WHEREAS, in May 1999,the GOCO Board approved an additional grant in an amount up to two million five hundred thousand dollars ($2,500,000), to the Phase II Partners, for use in carrying out Phase II of the Project; and WHEREAS,the GOCO Board has proposed an addendum to the Grant Agreement,in order to set out the terms and conditions of the Board's additional grant funds for Phase II of the Project, a draft of which, dated January 20, 2000, is on file in the office of the City Clerk and incorporated herein by this reference (the "First Addendum"); and WHEREAS,the Phase II Partners have developed a plan for cooperatively working to carry out Phase II of the Project and to coordinate their activities in that regard, consistent with the First Addendum, and have negotiated an additional memorandum of understanding to document their mutual commitments and obligations in connection with Phase II of the Project, a copy of which, dated January 20, 2000, is on file in the office of the City Clerk and incorporated herein by this reference (the "Phase II MOU"); and WHEREAS, in connection with the administration of Phase II of the Project the GOCO Board will require the preparation and submission of annually updated workplans, budgets, and related submittals,which shall each be incorporated into the Grant Agreement and the Phase II MOU upon approval by the GOCO Board; and WHEREAS, in order to provide for the efficient and effective management of the Legacy Grant Project,the Council wishes to authorize the City Manager to prepare and submit such updated workplans, budgets, and other related submittals on behalf of the City as may be necessary and appropriate to carry out the purposes and intent of the Grant Agreement,as amended,and the Phase II MOU; and WHEREAS, matching funds for the City's portions of Phase II of the Project are available and appropriated in the natural areas portion of Building Community Choices, the City's share of the County's Help Preserve Open Space sales tax, and the Conservation Trust Fund; and WHEREAS,the City is authorized to enter into intergovernmental agreements to provide any function, service or facility, such as the First Addendum and the Phase II MOU, as provided in Article II, Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Manager be, and hereby is, authorized to enter into the First Addendum to the Grant Agreement,dated January 20, 2000, subject to such modifications in form or substance as the City Manager, in consultation with the City Attorney, may deem necessary to effectuate the purposes of said agreement. Section 2. That the City Manager be, and hereby is, authorized to enter into the Phase II MOU, dated January 20, 2000, subject to such modifications in form or substance as the City Manager, in consultation with the City Attorney,may deem necessary to effectuate the purposes of said agreement. Section 3. That the City Manager be, and hereby is, authorized to further modify or amend the Grant Agreement,as amended hereby,and the Phase II MOU upon consultation with the City Attorney, by approving and agreeing to such annual or updated workplans, budgets, or other submittals, as may be necessary to effectuate the purposes of the Grant Agreement, as amended, and/or the Phase II MOU. Passed and adopted at regular meeting of the Council of the City of Fort Collins this 18th day of January, A.D. 2000. Mayor ATTEST: City Clerk