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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. G17Y pF ��2-K/ IBC/ O :)AA Mjyor ATTEST: .6 04tZoo ... a� City Clerk Passed and adopted on final reading on the 5th day of February, A.D. 2013. y OF Fps l� T M�*or ATTEST: S� •jz /p ) � City Clerk 0Rkoo**. 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 Page 1 of 4 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: Page 2 of 4 (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 Page 3 of 4 THE CITY OF FORT COLLINS, COLORADO By: Mayor ATTEST: City Clerk APPROVED AS TO FORM City Attorney Page 4 of 4