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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