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Home My WebLink About007 - 02/21/2012 - APPROVING A THIRD AMENDMENT TO THE FORT COLLINS-TIMNATH INTERGOVERNMENTAL AGREEMENT REGARDING COOPER ORDINANCE NO. 007, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A THIRD 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 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,on March 3,2010,the parties executed a First Amendment to Intergovernmental Agreement and on February 2, 2011, the parties executed a Second Amendment to Intergovernmental Agreement,both of which extended the periods of time within which Fort Collins was to amend the FCGMA; and WHEREAS, the parties wish to execute a third amendment to the Intergovernmental Agreement to extend until February 12, 2013, the period of time within which both parties will amend the boundaries of their growth management areas. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to enter into a Third 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 February, A.D. 2012, and to be presented for final passage on the 21 st day of February, A.D. 2012. �ORT Co h�r iS <<.." ayor t ' �W' Q�U'7A ' *-n ATTEST: .N • �� . / •e•••....... O City Clerk cOLORPO Passed and adopted on final reading on the 21 st day of February, A.D. 2012. PORT CO ayor ATTEST: ��p ••••••••. �� U2 SEA �N City Clerk COL ORP�O EXHIBIT A THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (Regarding Cooperation on Annexation, Growth Management and Related Issues) THIS THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT ("Amendment') is made and entered into this day of 2012, 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, on March 3, 2010, the parties executed a First Amendment to Intergovernmental Agreement and on February 2, 2011, the parties executed a Second Amendment to Intergovernmental Agreement, both of which extended the periods of time within which Fort Collins was to amend the FCGMA; and WHEREAS, the parties wish to execute a third amendment to the Intergovernmental Agreement to extend until February 12, 2013, the period of time within which both parties will amend the boundaries of their growth management areas. Page 1 of 3 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. 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 February 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. 2. 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: (b) Timnath shall amend the TGMA in accordance with Section 2.3(a) above on or before February 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 Agreement but not otherwise defined herein shall have the meanings set forth in the Intergovernmental Agreement. Page 2 of 3 IN WITNESS WHEREOF, the parties have executed this Agreement 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 ATTEST: City Clerk APPROVED AS TO FORM City Attorney Page 3 of 3