HomeMy WebLinkAbout108 - 09/21/2021 - APPROVING THE EIGHTH AMENDMENT TO THE FORT COLLINS-TIMNATH INTERGOVERNMENTAL AGREEEMENT REGARDING CO ORDINANCE NO. 108, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE EIGHTH AMENDMENT TO THE FORT COLLINS-TIMNATH
INTERGOVERNMENTAL AGREFMENT REGARDING COOPERATION ON
ANNEXATION, GROWTH MANAGEMENT,AND RELATED ISSUES
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, the parties are situated on opposite sides of Interstate 25 and are both
committed to planned and orderly development; regulating the location and activities of
development which may result in increased demand for services; providing for the orderly
development and extension of urban services; to simplifying governmental structure when
possible; promoting the economic vitality of both municipalities; protecting the environment;
and raising revenue sufficient to meet the needs of their citizens; and
WHEREAS, because of the proximity of the City and the Town,the parties have agreed
to work toward developing a comprehensive development plan for certain areas of mutual
interest and concern within the immediate vicinity of 1-25, the purpose of which plan would be
to explore joint financing mechanisms for public improvements and potential revenue sharing
alternatives within such areas; and
WHEREAS, the parties have previously executed First, Second, Third, Fourth, Fifth,
Sixth, and Seventh Amendments to the Intergovernmental Agreement; and
WHEREAS, the Seventh Amendment added Section 4.3 to the Intergovernmental
Agreement under which the City agreed to consider the disconnection of certain Poudre School
District property located northwest of the intersection of East Prospect Road and Larimer
County Road 5; and
WHEREAS, Poudre School District has submitted a disconnection application to the
City for the Poudre School District property described in the Seventh Amendment including
some additional abutting property obtained after the Seventh Amendment("PSD Property")was
executed; and
WHEREAS, City Council has approved the disconnection of the PSD Property
conditioned upon Timnath's annexation of the PSD Property becoming effective upon
disconnection and execution of an Eighth Amendment to the Intergovernmental Agreement
memorializing certain terms related to the disconnection; and
WHEREAS, the City and Timnath now wish to execute the Eighth Amendment to the
Intergovernmental Agreement to complete Timnath's annexation of the PSD Property despite
its location within the City's Growth Management Area, to require Timnath's annexation of the
PSD Property to be effective upon disconnection from the City, to memorialize Timnath's
agreement to maintain the disconnected portions of East Prospect Road and Larimer County
Road 5, to provide for revenue sharing should the PSD Property ever be commercially
developed, and to amend the City's and Timnath's growth management areas and work
cooperatively to amend the respective Growth Management Areas changed by the disconnection
and annexation with Larimer County; and
WHEREAS, execution of the Eighth Amendment is in the best interests of the citizens
of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the Mayor is hereby authorized to enter into an Eighth 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 7th day of
September, A.D. 2021, and to be presented for final passage on the 21st day of September, A.D.
2021.
May
ATTEST: ttr•co,
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Interim City Clerk
Coi:oao�
Passed and adopted on final reading on the 21 st day of September, A.D. 2021.
May
ATTEST:
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Interim City Clerk
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EXHIBIT "A"
EIGHTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
(Regarding Cooperation on Annexation, Growth Management and Related Issues)
THIS EIGHTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
("Amendment") is made and entered into this day of , 2021, 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, the parties are situated on opposite sides of Interstate 25 and are both
committed to planned and orderly development; regulating the location and activities of
development which may result in increased demand for services; providing for the orderly
development and extension of urban services; to simplifying governmental structure when
possible; promoting the economic vitality of both municipalities; protecting the environment;
and raising revenue sufficient to meet the needs of their citizens; and
WHEREAS, the parties have previously executed First, Second, Third, Fourth, Fifth,
Sixth, and Seventh Amendments to the Intergovernmental Agreement; and
WHEREAS, the Seventh Amendment to Intergovernmental Agreement added Article 4,
Section 4.3, to the Intergovernmental Agreement regarding Fort Collins considering
disconnection of certain Poudre School District property from Fort Collins located northwest of
the intersection of East Prospect Road and Larimer County Road 5; and
WHEREAS, in 2021 Poudre School District platted the property subject to Article 4,
Section 4.3,of the Intergovernmental Agreement,and additional property,(collectively the"PSD
Property") by means of the Prospect Middle/High School Subdivision Plat recorded at Larimer
County Clerk and Recorder Reception#20210025373; and
WHEREAS,Poudre School District is constructing a middle and high school on the PSD
Property and has submitted an application for disconnection to Fort Collins; and
WHEREAS,Fort Collins and Timnath now wish to execute this Eighth Amendment to
the Intergovernmental Agreement in order to establish certain expectations regarding the
disconnection.
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:
EXHIBIT "A"
1. That Article 4, Section 4.3, is deleted and replaced in its entirety as follows:
4.3 Poudre School District MiddlelHi h School. Poudre School District platted Lots
1-4 of its property located at the northwest corner of the intersection of East Prospect Road and
Larimer County Road 5 by means of the Prospect Middle/High School Subdivision Plat recorded
at Larimer County Clerk and Recorder Reception #20210025373. Poudre School district is
constructing a middle and high school on said Lots 1-4 and has submitted its application for
disconnection to Fort Collins and such disconnection includes portions of public road rights-of-
way consisting of the entire width of East Prospect Road and Larimer County Road 5 abutting
Lots 1 and 2 (collectively Lots 1-4 and the public road rights-of-way are the "PSD Disconnection
Property") as shown on Exhibit "H" attached hereto and incorporated herein by reference. The
City Council of Fort Collins has determined that disconnection of the PSD Disconnection Property
will not prejudice the best interests of Fort Collins and desires to disconnect the PSD
Disconnection Property and the parties agree to the following:
(a) Timnath shall promptly annex the PSD Disconnection Property with such annexation effective
upon the Fort Collins disconnection becoming effective so that there is no gap in time between
disconnection and annexation. Timnath acknowledges that a condition for the disconnection is the
execution of the Eighth Amendment to this Agreement.
(b) Upon annexation of the PSD Disconnection Property,Timnath agrees to assume sole responsibility
and liability for the public road rights-of-way included in the PSD Disconnection Property,
including without limitation, maintenance, signalization and traffic signage, and operations.
(c) In the event that any or all of the PSD Disconnection Property is commercially developed after
disconnection and annexation, such development shall, by development agreement, be subject to
revenue sharing in the same manner and under the same requirements as are set out in Section 4.1
above.
(d) The PSD Disconnection Property is currently within the FCGMA. Notwithstanding the limitation
on Timnath annexing property within the FCGMA set forth in Section 2.2,Fort Collins agrees that
Timnath may annex the PSD Disconnection Property.
(e) Exhibit 7, which depicts the TGMA and FCGMA boundaries between Timnath and Fort Collins
as established in 2009 and subsequently amended, shall be further amended to include the PSD
Disconnection Property upon annexation into Timnath subject to Larimer County agreement to
such change as required pursuant to Section 2.1(c). Fort Collins and Timnath agree to cooperate
in attempting to obtain Larimer County approval to amend the FCGMA and TGMA to include the
PSD Disconnection Property within the TGMA.
2. No Further Modification.Except as expressly amended by this Amendment,the Intergovernmental
Agreement is unmodified and shall continue in full force and effect.
3. Binding Agreement. Both Timnath and Fort Collins intend that this Amendment shall be binding
upon them.
EXHIBIT "A"
4. Amendments. This Amendment may only be amended, changed, modified or altered in
writing, signed by both parties hereto.
5. Governing Law. This Amendment shall be governed by and construed in accordance with the
laws of the State of Colorado.
6. 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.
7. 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
THE CITY OF FORT COLLINS, COLORADO
By: Mayor
EXHIBIT "A"
Attest:
City Clerk
Approved as to Form:
Assistant City Attorney
Exhibit "H"
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Invoice Text�. NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on I_ _N
STATE OF COLORADO }
)ss: AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER )
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that
the same is a daily newspaper of general circulation and printed and published in the City of Fort
Collins,in said-county-and state;_tbat the notice-or.-advertisement,,of--which the annexed is a true
copy,has been published in said daily newspaper and that the notice was published in the regular
and entire issue of every number of said newspaper during the period and time of publication of said
notice,and in the newspaper proper and not in a supplement thereof,that the publication of said
notice was contained in the issues of said newspaper dated on
09/12/21
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
period of at least six months next prior to the first publication of said notice or advertisement above
referred to; that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
��Awwj")4&bw=t1
k/ 7 Legal Clerk
Subscribed and sworn to before me,within the County of Brown, State o Wisconsin this
20th of September 2021,
r
Notary Public
Notary Expires
V I C KY F E LTY Legal vo.00049osoxs
Notary Public
State of Wisconsin
Ad#:0004905028 "* Affidavit Prepared
P O:First Reading Noonday,September 20,202I t 1:14 am
This is not an invoice
#ofAftidavits: 1
COLLINS TIMNATH
THE NEEDS OF.:POPULATIONS INTERGOVERNMENTAL
DISPROPORTIONATELY HARMED, AGREEMENT REGARDING''
BY THE IMPACTS OF COVID-19 COOPERATION ON ANNEXATION
ORDINANCE N0.102,2021 GROW,kELANAGEME ANp
OF THE-COUNCIL.OF THE CITY OF: RELATED ISSUES
FORT'COLLINS APPROPRIATING ORDINANCE N0.109,2027
PHILANTHROPIC REVENUE: OF THE COUNCIL OFJHE CITY OF
RECEIVED:THROUGH,CITY GIVE FORT"COLLINS DESIGNATING;:THE
FOR NEIGHBORHOOD:SERVICES TO. THOMAS'PROPBRTY;i308;ING.TH .
SUPPORT:HEALTHY"OUTCOMES STREET;FORT:COLLINS
,.
_ FOR`MOBILE-HOME:PARK COLORADO AS;A-FORT CO NS;
RESIDENTS'_.HOMES AND— LANDMARKrP.,URSUANT.TO.L,'CHAP
PERSONAL WELL:BEING' TER14'OF.THE CODE:OF THE`.:CITY
ORDINANCE N0.1D3,2021 OF FORTCOLLINS
OF,THE.COUNCEL:OF THE CITY OF ORDINANCE NO,110,2021
FORT COLLINS.APP.ROPRIATING : OF THE,COU.NCI L OF'THE CITY'OF. "
UNANTICI PATE D:SHUTTERED FORT+,COLLI`NS:AUTHORIZINGTHE
VENUE OPERATORS;GRANT PURCHASING AGENT TO':ENTER
REVENUE IN THE CULTURAL INTO A CONTRAOT`FORSERV:ICES"
SERVECES& FACILITIES.FUND.FOR PROFESSIONAL SERVICES AND/OR.
THE LINCOLN CENTER CONSTRUCTION IN`EXCESS:OF`FIVEYEA FOR THE GOLF.
ORDINANCE NO.704,2021 PROESSIONA AT COLLINDALE
OF THE COUNCIL OF THE CITY OF GOLF COURSE
FORT COLLINS AMENDING
CHAPTER15,ARTICLE XVI OF THE ORDINANCE NO.11T,2021
CODE OF THE CITY OF FORT OF THE COUNCIL OF THE CITY OF
COLLINS REGULATING MEDICAL FORT COLLINS AUTHORIZING THE
MARIJUANA BUSINESSES;TO RURCHASING.,AGENT-TO ENTER
UPDATE,"CLARIFYAND"ALIGNCITY INTOA"CONTRACT:FOR.SERVICES,
CODE WITH STATE LAW PROFESSIONAL SERVICES'AND/OR
CONSTRUCTION'IN EXCESS OF FIVE
ORDINANCE NO.105;2021 YEARS FOR THE:GOLF
OF THE COUNCIL OF THE CITY OF PROFESSIONAL AT SOUTHR16GE
NOTICE :IS HEREBY GIVEN that.the FORT COLLINS AMENDING.. GOLF COURSE
m
Fort Collins City. Council, on Tuesday CH T
APTER 15,ARTICLE OF HE
Septeber;:? 2021;,passed and adopted CODE OF.THE`.CITY.OF FORT ORDINANCE NO.112,2021
the following ...ordinances on first COLLINS,REGULATING RETAIL' OF THE COUNCIL OF THE CITY OF
reoding. "These ordinances uVill be pre- MARIJUANABUSINESSES'TO FORT COLLINS AUTHOR IZING"THE
sented ,for: final passage on Tuesday UPDATE,CLARIFY:AND.ALIGN"CITY PURCHASING AGENT TO ENTER
September 27 2021: CODE WITH STATE LAWN INTO'A CONTRACT FOR SERVICES?
PROFESSIONAL:SERV ICESAN D/OR
ORDINANCE'NO.100;'2021 ORDINANCE NO 107,MI CONSTRUCTION`IN EXCESS OF FIVE:
OF THE:COUNCIL;OF THE CITY OF OF"THE;COUNCIL OF THE CITY OF :..,,YEARS.:FOR THE FOOD AND
..
FORT.COLCINS:APPROPRIATING F.ORT'COLCENS DISCONNECTING.': BEVEAGE`CONCESSION AT.
PRIORYEAR'RESERVES AND 'CERTAIN'P,OUDRE'SCHOOL SOUTH RIDGE GOLF COURSE
AUTHORIZING A TRANSFER IN THE DISTRICT.:PROPERTY"LOCATED AT
;GENERAL FUND FOR THE MARCH THE.INTERSECT:ION OF EAST . The full text of these ordinances'Cdn be
2D21 SNOWSTORM TREE AND PROSPECT:.ROAD AND LAR'IMER found at htfp:!lfcgov.com/publicnotices
'COUNTYRO AD5,FROMTHE City at
BRANCH g
TERRITORY:OFTHECITY OF FORT (970)221-6515.
ORDINANCE"NO."107,.2021" COLLINS
:OF THE:.000NCIL`OF:THE'.CITY OF 0084905028
FORT.COLLINS'APPROPRIATING ORDINANCE NO 10'8,202] Caloradoan
PHILANTHROPIC REVENUE OFaTHE COUNCIL OF:THE CITY OF Sept 12;an
RECEIVED THROUGH CITY GIVE FORT COLLINS APPROVING THE '.
FOR ACTIVE MODES TO ADDRESS EIGHTH'AMENDMENT:TO THE:!F.ORT
Account#: FTC-003160 --
FORT-COLLINS
f )0A_ N
Invoice Text
—J NOTICE IS ]-HEREBY GIVEN that the Fort Collins City Coun,
STATE OF COLORADO }
}ss:AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER }
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
1,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that
the same is a daily newspaper of general circulation and printed and published in the City of Fort
Collins in said county and state;that the notice or advertisement,of which the annexed is a true
copy,has been published in said daily newspaper and that the notice was published iir thei'cgi_iIa_r__.
and entire issue of every number of said newspaper during the period and time of publication of said
notice,and in the newspaper proper and not in a supplement thereof;that the publication of said
notice was contained in the issues of said newspaper dated on
09/26/21
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
period of at least six months next prior to the first publication of said notice or advertisement above
referred to; that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for publishing legal.notices and advertisements within
the meaning of the laws of the State of Colorado.
legal Clerk
Subscribed and sworn to before roe,within the County of Brown,State of Wisconsin this
26th of September 2021.
Notary Public
Notary Expires
VICKY FELTY
Notary Public Legal No.0004925676
State of Wisconsin
Ad#:0004925676 Affidavit Prepared
P O: Sunday.Seplemtrer 26,20 3:35 am
This is not an invoice
#of Affidavits 1
NOTICS?HEREB`(GWEN that the
Fort Col City Coy' c€1,on Tuesday,
5btember 21 2021,pgssed and;ddopted;
he following ord€npnces an second {
reading i
ORDINANCE N0:100,hi}27
OF.,THE,COUNCI.L OF THE C.(TY OF <
FORT COLLINS "
APPROPRIATING PRIOR,.YEAR RE
SERVES AND'AUTHDRIZING;
.A TRANSFER IN:T.HE.GEN.ERAL
'F U N D'FOR'THE MARC H'2021:
SNOWSTORM TREE=AND.BRANCH
CLEANUP.
ORDINANCE 1`40.:1011 202.I ..
OF THE CO.UNCIL?OF THE,CITY OF
'FORT:COLLINS
'APPROPRIATING PHILANTHROPIC
REVENUE
RECEEVED THROUGH CITY GIVE
i,FOR'ACTIVE MODES.TO ADDRESS
THE NEEDS OF
POPULATIONS DISPROPORTION
A.TELY`,HARMED BY THE IMPACTS.,'., '
:.OF COVID-19
ORDINANCE'NO.102,2021
OF THE COUNCIL OF THE CITY OF
FORT COLLINS' '
APPROPRIATING PHILANTHROPIC
REVENUE RECEIVED THROUGH
CITY GIVE'
FOR NEIGHBORHOOD SERVICES TO
SUPPORT HEALTHY OUTCOMES
FOR MOBILE HOME PARK.RESI
'DENTS
HOMES AND PERSONAL
WELLBEING
ORDINANCE NO,103,2021
OF:THE COUNCIL OF:THE CITY OF..
FORT COLLINS
..APPROPRIATING UNANTICIPATED` FORT COLLINS " YEARS CONCFOR:ESSION
AT.,80 T RIDGE
SHUTTERED VENUE OPERATORS APPROVING THE EIGHTH AMEND AGE CONCESSION AT SOUTH RIDGE
GRANT REVENUE 1NTHE CULTUR,' MENT TO THE'FORT'COLLINS-TIM GOLF COURSE:
AL SERVICES&FACILITIES FUND i. MATH INTERGOVERNMENTAL
FOR THE` AGRE£MENT;REGARDING'COOPER- The fuI!text of these ordlriances can be
LINCOLN CENTER. gTION DN`ANNEXATIONTGROWTH . found at http.a/fc9ov.cam/public3iatices
MANAGEMENT,AND RELATED Is or by calling the.City Clerk's Off€ce:ot
ORDINANCE NO 704,2021 SUES, 970.221.6515.
OF,THE.000 NCI L"OF THE CITY OF
FORT COL INS" ORDINANCE N0 109,2021 000490499E
AMENDING CHAPTER 15,ARTICLE OF.THE COUNCIL OF
'THE CITY OF Coloradoan
XVI OF THECODE':OF.THE CITY OF:. :FORT COLLINS 1. Sept 26,2021
FORT COLL'INS`REGU LATE NG DESIGNATING THE THOMAS'PROP.
MEDICAL'MARIJUANA BUSINESSES.:..:ALIGN COLLINS,
S,c0 CHERRY STREET,A FORT
CITY CODE WITH'STATE:LAW.
COLLI NS/COLORADO,AS A FORT
COLLINS LANDMARK PURSUANT TO
ORD]NANCE.NO.7OS,Z02Y' : CHAPTER 14rOF THE;CODE OF THE
CITY OF FORT COLLINS
,..OF THECOUNCIL"for.THE CITY OF..
FORT.:COLLINS ORDINANCE NO.110;2021
AMENDING CHAPTER 15,ARTICLE' OF THE COUNCIL OF THE CITY OF
XV.II OF THE CODE OF THE CITY OF FORT COLLI NS
FORT COLLINS REGULATING RE- AUTHORIZING THE PURCHASING
TAIL MARIJUANA'BUSINESSES TO AGENTTO>ENTER;;INTO.A:CON
UPDATE,CLARIFY AND ALIGN CITY TRACT FOR 3ERVICES,:PROFESSIO
CODE WITH STATE LAW „ . NAL"SERVICES ANDIOR.CONSTRUC
ORDINANCE NO.107,2621 TION'IN EXCESS OF':FIVE Y.EARS
FOR THE GOLF PROFESSIONAL AT
OF THE COUNCIL.OF THE:CITY OF
FORTCO,LLINS COLL]N04L£GOLF:COORSE.=
.
�OISCONNECTING'CERTAIN'POUDRE ORDINANCE'NO.II1",`2021 , ,
SCHOOL'DISTRICT.'.PROPERTYLO- OF;,THE:'COUNCIL'OF:THE"CITY OF
GATED ATTHEANTERSECTION OF: FORT COLLINS
EAST PROSPECT ROAD AND LARIM• " AUTHORIZING THE P..URCHASING
ER,COUNTY R, P,,S< ,s AGENTTD ENTER'INTO A'CON CITY OF. E TEITORY OF THE FROM TH TRACT FOR SERVICES,PROFESSIO-
FORT;,:COLLINS NAL SERVICES AND/OR CONSTRUC-
T ION IN EXCESS OF FIVE YEARS.
OF THE?COUNCIL:OF THE'CITY OF. FOR THE GOLF PROFESSIONAL AT
SOUTH R I DGE'GOLF:COU RSE.;
ORDINANCE NO 112 2021
.OF..THE'COUNCII. OF T E CITY OF
FORT.COLLINS
AUTHORIZING THE,:P..URCyASING
—AGENT TOENTFR4NTO A
CONTRACT-FOR SERVICES,,PROFES-
'SIONAL'SE RVICES.AN IJMW,-"
'CONSTRUCTION IW'EXCESS'OF FIVE