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HomeMy WebLinkAbout1999-066-06/01/1999-AUTHORIZING THE MAYOR TO ENTER INTO AN IGA AMONG THE CITY OF FORT COLLINS, THE CITY OF LOVELAND, THE RESOLUTION 99-66 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT AMONG THE CITY OF FORT COLLINS, THE CITY OF LOVELAND, THE TOWN OF WINDSOR AND LARIMER COUNTY REGARDING ANNEXATIONS IN THE FORT COLLINS COOPERATIVE PLANNING AREA ADJACENT TO FOSSIL CREEK RESERVOIR WHEREAS, continued growth in the Fossil Creek Reservoir area suggests that increased coordination among the parties to this Agreement can result in better management and control of the development in this area; and WHEREAS, pursuant to Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has found and declared that in order to provide for planned and orderly development within Colorado and a balancing of the basic human needs of a changing population with legitimate environmental concerns,the policy of the State of Colorado is to clarify and provide broad authority to local governments to plan for and regulate the use of land within their respective jurisdictions; and WHEREAS,pursuant to said Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has designated certain powers to local governments, among them the power to regulate the location of activities and developments which may result in significant changes in population density,the power to provide for phased development of services and facilities, the power to regulate the use of land on the basis of the impact thereof on the community or surrounding areas, and the power to otherwise plan for and regulate the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights; and WHEREAS,pursuant to said Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has authorized and encouraged local governments to cooperate or contract with other units of government for the purpose of planning and regulating the development of land, including but not limited to the joint exercise of planning, zoning, subdivision, building, and related regulations; and WHEREAS, under the authority granted by said Title 29, Article 20, Colorado Revised Statutes, a number of meetings were held among Fort Collins, Loveland, Windsor, Timnath, and Larimer County with the intent of reaching agreement as to municipal annexations in the Fort Collins "Cooperative Planning Area" adjacent to Fossil Creek Reservoir; and WHEREAS, on May 20, 1999, the Planning and Zoning Board recommended that the Council authorize the Mayor to execute the proposed Intergovernmental Agreement; and WHEREAS, the Council of the City of Fort Collins has determined that it is in the best interests of the citizens of the City that the City enter into said Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor be, and hereby is, authorized to execute that certain intergovernmental agreement among the City of Fort Collins,the City of Loveland,the Town of Windsor and Larimer County regarding annexations in the Fort Collins Cooperative Planning Area adjacent to Fossil Creek Reservoir, a copy of which agreement is attached hereto as Exhibit "A" and incorporated herein by this reference. Passed and adopted at a regular meeting of the City Council held this 1 st day of June, A.D. 1999. r Mavor ATTEST: 14ULk 4 1, �-.. � City Clerk 2 INTERGOVERNMENTAL AGREEMENT (Regarding Annexations in the Fort Collins Cooperative Planning Area Adjacent to Fossil Creek Reservoir) THIS AGREEMENT,is executed this day of 1999,by and between LARIMER COUNTY,COLORADO, a body politic organized under and existing by virtue of the laws of the State of Colorado,hereinafter referred to as the"County",THE CITY OF FORTCOLLINS,COLORADO, a municipal corporation, hereinafter referred to as "Fort Collins", THE CITY OF LOVELAND, a municipal corporation,hereinafter referred to as"Loveland",and THE TOWN OF WINDSOR,a Colorado statutory town, hereinafter referred to as "Windsor". WITNESSETH: WHEREAS, continued growth in the Fossil Creek Reservoir area suggests that increased coordination among the parties to this Agreement can result in better management and control of the development in this area; and WHEREAS, pursuant to Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has found and declared that in order to provide for planned and orderly development within Colorado and a balancing of the basic human needs of a changing population with legitimate environmental concerns,the policy of the State of Colorado is to clarify and provide broad authority to local governments to plan for and regulate the use of land within their respective jurisdictions; and WHEREAS,pursuant to said Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has designated certain powers to local governments, among them the power to regulate the location of activities and developments which may result in significant changes in population density,the power to provide for phased development of services and facilities, the power to regulate the use of land on the basis of the impact thereof on the community or surrounding areas, and the power to otherwise plan for and regulate the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights; and WHEREAS, pursuant to said Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has authorized and encouraged local governments to cooperate or contract with other units of government for the purpose of planning and regulating the development of land, including but not limited to the joint exercise of planning, zoning, subdivision, building, and related regulations; and WHEREAS, pursuant to various statutes of the State of Colorado (including 31-23-255, Colorado Revised Statutes,as amended),the General Assembly of the State of Colorado has enacted various supervisory tools in order that the State may better monitor the planning activities of units of local governments; and EXHIBIT A WHEREAS, under the authority granted by said Title 29, Article 20, Colorado Revised Statutes, a number of meetings were held among Fort Collins, Loveland, Windsor, Timnath, and Larimer County with the intent of reaching agreement as to municipal annexations in the Fort Collins "Cooperative Planning Area" adjacent to Fossil Creek Reservoir; and WHEREAS, pursuant to said meetings, the parties have agreed as provided hereafter. NOW,THEREFORE,in consideration ofthe covenants and obligations herein expressed and other good and valuable consideration,the receipt and adequacy of which is hereby acknowledged, it is agreed as follows: 1. IDENTIFICATION OF THE FORT COLLINS COOPERATIVE PLANNING AREA ADJACENT TO FOSSIL CREEK RESERVOIR. The Fort Collins Cooperative Planning Area adjacent to Fossil Creek Reservoir is identified as shown on Exhibit "A" attached hereto and incorporated herein by this reference. 2. ANNEXATION IN THE FORT COLLINS COOPERATIVE PLANNING AREA. The parties agree that no municipal annexations shall occur within the Fort Collins Cooperative Planning Area described on Exhibit "A" except annexations to Fort Collins. 3. COUNTY SUPPORT. The County agrees to oppose, by such means as it deems appropriate, any annexation into any incorporated town or city except as is authorized in paragraph 2 above. 4. ENFORCEMENTIBINDING EFFECT. This Agreement shall be binding upon the parties and their representatives, successors and assigns, and may be specifically enforced in any court of competent jurisdiction. S. TERM/TERMINATION. This Agreement shall remain in force and effect for a period of ten (10) years from the date of its execution. Thereafter, it shall be automatically renewed for successive five(5)year terms unless at least six(6)months prior to scheduled expiration, any party should notify the other parties of its decision that the Agreement not be renewed. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. Page 2 of 4 THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney THE CITY OF LOVELAND, COLORADO A Municipal Corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney THE TOWN OF WINDSOR, COLORADO A Municipal Corporation By: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 3 of 4 THE COUNTY OF LARIMER, COLORADO By: Chair, Board of Commissioners ATTEST: Deputy Clerk and Recorder APPROVED AS TO FORM: County Attorney Page 4 of 4 Exhibit A City of Fort Collins Cooperative Planning Area Adjacent to Fossil Creek Reservoir 4 gib � � I U N COUNTY ROAD 34C a�R V ltr ,t I i � € e I I N LI CO STATE FQGHWAY 392 I � I ----- --.--- - ------- COUNTY ROAD 30 1 0 1 Miles Approximate Street Location j vV/ Streets I City Limits N Uga Boundary Cooperative Planning Area E Water Features S