HomeMy WebLinkAbout2000-024-02/01/2000-ADOPTING AN INTERGOVERNMENTAL AGREEMENT PERTAINING TO A REGIONAL ROAD IMPACT FEE RESOLUTION 2000-24
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING AN INTERGOVERNMENTAL AGREEMENT PERTAINING TO
A REGIONAL ROAD IMPACT FEE PROGRAM
WHEREAS,the City is authorized under Article XX,Section 6 of the Colorado Constitution
to adopt appropriate ordinances and regulations for the purpose of promoting and preserving the
public health,safety and welfare of the citizens of the City,and has the full right of self government
in local municipal matters including, without limitation,the power to regulate, as matter of purely
local concern, the development of real property within the City; and
WHEREAS,the City Council has determined that future growth and new development in the
City should contribute a proportionate share of the cost of providing the capital improvements
necessary to mitigate the impacts of such growth and new development; and
WHEREAS,by adoption of Ordinance No. 51, 1996,the Council has adopted certain capital
improvement expansion fees to help defray the capital cost of expanding public facilities within the
City in order to accommodate new development in the City; and
WHEREAS,the Council recognizes that there is a regional road system in Larimer County
which consists of inter-urban travel corridors and major corridors that connect urban areas to the
Interstate Highway System; and
WHEREAS, Larimer County has conducted a multi-jurisdictional transportation study (the
"Larimer County Road and Park Impact Fee Study") and a regional road capital improvement plan
(the "Regional Road CIP") for its regional road system; and
WHEREAS,the Larimer County Road and Park Impact Fee Study projects that there will be
a significant amount of new growth and development in the unincorporated areas of the County as
well as the incorporated areas of all municipalities in the County(the"Region")over the next twenty
(20)years; and
WHEREAS, the Larimer County Road and Park Impact Fee Study indicates that this new
growth and development will increase the demand for capacity on the regional road system,within
the Region; and
WHEREAS,Larimer County has adopted a level of service(D)as the minimum acceptable
level of service on the regional road system,and the City Council concurs with these determinations;
and
WHEREAS, the Larimer County Road and Park Impact Fee Study demonstrates that the
revenue generated by existing fees imposed upon new growth and development in the Region will
not be adequate to fund the needed road capital improvements necessary to accommodate the
anticipated growth and development in the Region if the adopted level of service is to be maintained;
and
WHEREAS, in order to address this problem, Larimer County and the City have, by
intergovernmental agreement, established a policy that new land development activity should bear
a proportionate share of the cost of providing the new road capital improvements needed to mitigate
the impacts of new growth and development on the regional road system and maintain the desired
level of service on such system; and
WHEREAS,the Latimer County Commissioners and the Council have determined that the
imposition of a regional road impact fee is one of the preferred methods of regulating land
development in the Region in order to ensure that new development bears a proportionate share of
the costs of the new road capital improvements necessary to accommodate new development while
at the same time maintaining the above-referenced level of service on the regional road system and
promoting and protecting the public's health, safety and welfare; and
WHEREAS,this regional fee would assist in the implementation of,and be consistent with,
the master plans of Larimer County and the City; and
WHEREAS, Larimer County and the City have the authority to cooperate in adopting
regional fees for such purposes pursuant to the Colorado Constitution,the Colorado statutes and the
Charter of the City of Fort Collins; and
WHEREAS,it is the objective of Larimer County and the City to make the most efficient use
of their powers by jointly implementing planning, zoning and subdivision requirements by the
adoption of a regional road program for the provision of new road capital improvements in order to
maintain the adopted level of service on those roads; and
WHEREAS, pursuant to Article XIV, Sections 18 (2)(a) and (b) of the Colorado
Constitution;Sections 29-20-105 and 29-1-102,C.R.S.;and Article II,Section 16 ofthe Fort Collins
City Charter, the City and Larimer County desire to enter in this Intergovernmental Agreement to
implement j oint planning,zoning and subdivision requirements by the adoption of a regional capital
improvement expansion fee program for the purpose of providing road capital improvements for the
regional road system; and
WHEREAS,pursuant to this Intergovernmental Agreement,the City and the County desire
to designate that the responsibility for planning and administering this program shall be borne by the
County.
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NOW, THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Council hereby approves the Regional Road Impact Fee Intergovernmental
Agreement in substantially the form shown on Exhibit"A"attached hereto and incorporated herein
by this reference, subject to such modifications in form or substance as the Mayor, in consultation
with the City Manager and the City Attorney,may deem necessary to effectuate the purposes of this
Resolution.
Passed and adopted at a regular meeting of the City Council held this 1 st day of February,
A.D. 2000.
0
Mayor prr: ,w
ATTEST:
Nt86-�-
City Clerk
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EXHIBIT "A"
REGIONAL ROAD IMPACT FEE
INTERGOVERNMENTAL AGREEMENT
This Regional Road Impact Fee Intergovernmental Agreement (hereinafter
"Intergovernmental Agreement") is entered into, made, and enacted this day of
, 2000, by and between the Board of County Commissioners of Latimer County,
Colorado (hereinafter referred to as "the County") and the Governing Body of the City of Fort
Collins, Colorado, a Colorado municipal corporation (hereinafter the "City");
WITNESSETH:
WHEREAS, the Region consists of the entirety of the unincorporated County and the
incorporated area of all the municipalities in the county participating in this and similar
Intergovernmental Agreements (hereinafter "Participating Local Governments")-, and
WHEREAS, the County and Participating Local Governments recognize that there is a
Regional Road System in the Region that consists of inter-urban travel corridors and maj or corridors
that connect urban areas to the interstate highway system; and
WHEREAS,Larimer County has conducted a multi jurisdictional transportation study(the
Larimer County Transportation Plan) and prepared an impact fee study (the Larimer County Road
and Park Impact Fee Study) and a Regional Road Capital Improvement Plan (hereinafter "the
Regional Road CIP")for the Regional Road System,which is adopted as the Regional Road CIP by
the Participating Local Governments; and
WHEREAS, the Larimer County Road and Park Impact Fee Study projects that there will
be a significant amount of new growth and development in the Region over the next twenty (20)
years; and
WHEREAS, the Latimer County Road and Park Impact Fee Study has determined that this
new growth and development will increase the demand for capacity on the Regional Road System;
and
WHEREAS, the County and Participating Local Governments agree that LOS "D" is the
minimum acceptable level of service on the Regional Road System; and
WHEREAS, the Latimer County Road and Park Impact Fee Study demonstrates that the
existing revenue generated by this new growth and development will not be adequate to fund the
needed road capital improvements necessary to accommodate this new growth and development if
the adopted LOS on the Regional Road System is to be maintained; and
WHEREAS, in order to address this problem, the County and Participating Local
Governments have established apolicy that new land development activity shall bear a proportionate
share of the cost of the provision of new road capital improvements required by new growth and
development on the Regional Road System; and
WHEREAS, the County and Participating Local Governments have determined that the
imposition of a regional road impact fee is one of the preferred methods of regulating land
development in the Region in order to ensure that new development bears a proportionate share of
the costs of the road capital improvements necessary to accommodate new development while at the
same time maintaining the adopted LOS on the Regional Road System and promoting and protecting
the public health, safety and welfare; and
WHEREAS, a regional impact fee that contributes to this proportionate share would assist
in the implementation and be consistent with the Master Plans of the County and Participating Local
Governments and the Latimer County Transportation Plan; and
WHEREAS, the County and Participating Local Governments have the authority to adopt
a regional road impact fee pursuant to the Colorado Constitution and the Colorado statutes; and
WHEREAS, it is the objective of the County and Participating Local Governments to make
the most efficient use of their powers by jointly implementing planning, zoning, and subdivision
requirements by the adoption of a regional road impact fee program for the provision of road capital
improvements for the Regional Road System in order to maintain an adopted level of service on
those roads, and
WHEREAS,pursuant to Art. XIV,Sec. 18(2)(a)and(b),Col. Const.; Secs. 29-20-105 and
29-1-102,C.R.S.;and Article II,Section 16 of the Fort Collins City Charter,the County and the City
desire to enter into this Intergovernmental Agreement to implement joint planning, zoning, and
subdivision requirements by the adoption of a regional road impact fee program for the purpose of
providing road capital improvements for the Regional Road System in order to maintain an adopted
level of service on those roads; and
WHEREAS, pursuant to this Intergovernmental Agreement, the County and City desire to
designate this joint responsibility of planning for and administering this regional road impact fee
program to Latimer County.
NOW, THEREFORE, pursuant to the provisions of Art. XIV, Sec. 18(2)(a) and (b), Col.
Const., Secs. 29-20-105 and 29-1-102, C.R.S., and Article I1, Section 16 of the Fort Collins City
Charter, and in consideration of the mutual promises contained herein and for other good and
valuable consideration, it is hereby agreed by and between the parties hereto as follows:
1. Purpose. The purpose of this Intergovernmental Agreement is to make the most efficient
use of the powers of the County and the City to implement a regional road impact fee
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program to ensure adequate road facilities are available on the Regional Road System to
accommodate new growth and development.
2. Agreement to jointly Exercise Powers. The County and the City agree to jointly use their
planning,zoning,and subdivision authority to plan for and implement aegional road impact
fee program for the Region.
3. Joint Responsibilities. The City agrees and Latimer County accepts the general
responsibility to plan for, implement and administer the regional road impact fee program
for the Region. More specifically, Latimer County's responsibilities shall include the
following:
a . Planning Responsibilities/Preparation of Region's CIP. To conduct a
transportation study of the Region and prepare the Regional Road CIP. After its
preparation,the Regional Road Impact Fee program shall not be effective within the
jurisdiction of the City until the Regional Road CIP is approved by the City as its
own Regional Road CIP.
b. Implementation Responsibilities/Preparation of Regulation. The preparation of
a proposed Regional Road Impact Fee regulation to implement the Regional Road
CIP and to ensure that new growth and development will bear a proportionate share
of the cost of the provision of road capital improvements on the Regional Road
System required by such development. After its preparation, the Regional Road
Impact Fee regulation shall not be effective within the jurisdiction of the City until
legislation implementing the same within the City is adopted by the City Council.
C. Administrative Responsibilities of Program. The administration of the regional
road impact fee program, including appointment by the Board of County
Commissioners of Latimer County of a Regional Road Impact Fee Administrator,
who shall be responsible for the day-to-day administration of the regional road
impact fee program in the County, with assistance from the Impact Fee
Administrators from each of the Participating Local Governments. Specifically,the
Regional Impact Fee Administrator shall be responsible for the following:
(i) Administration of independent fee calculation studies, credits, and refunds,
with assistance from the Impact Fee Administrators of the Participating Local
Governments.
(ii) Receipt of the regional road impact fees from the Participating Local
Governments, who shall be responsible for collecting the regional road
impact fees within their respective jurisdictions, and then transmitting them
to the Regional Road Impact Fee Administrator, less an administrative fee
not to exceed two (2)percent, on a quarterly basis; provided, however, that
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all such regional road impact fee revenues shall be held in an interest bearing
account by the Participating Local Governments for one (1) year from the
date of collection of the same before being forwarded,together with accrued
interest thereon, to the Regional Impact Fee Administrator, The Regional
Road Impact Fee Administrator shall transfer these funds into an interest
bearing Trust Fund.
Administration of the expenditure of regional road impact fee funds in the
Trust Fund. The Regional Impact Fee Administrator, with assistance of
Impact Fee Administrators of Participating Local Governments,shall prepare
an annual report and recommendations regarding the proposed expenditures
of trust fund monies for Regional Roads, and submit the same to the City.
After review of the recommendations, the City shall approve or modify the
recommended expenditures of trust fund monies. Expenditures shall be
limited to those road capital improvement projects included in the Regional
Road CIP and approved for expenditure by all of the Participating Local
Governments. If,within a period of three(3)consecutive years from the date
that Regional Road Impact fee revenues are first forwarded to the Regional
Road Impact Fee Administrator by the Participating Local Governments,said
Participating Local Governments have been unable to agree upon a plan of
expenditure for such funds,all monies theretofore transmitted to the Regional
Road Impact Fee Administrator shall be returned to the Participating Local
Governments, together with a proportionate share of the accrued interest on
said funds,and all obligations of the parties under this Agreement shall cease.
The Participating Local Governments shall refundsaid funds to the feepayers
or to their successors in interest in those instances where developments
subject to the fee have been sold by the feepayers.
(iv) Any fees collected by Participating Local Governments under the authority
of this Agreement shall be returned by the County to the feepayer or the
feepayer's successorin interest(if the development subjectto the fee has been
sold by the feepayer)if the fees have not been spent within seven (7)years
from the date the building permit for the development was issued,along with
the interest earned on the fee. Fees shall be deemed to be spent on the basis
of the first fee collected shall be the first fee spent. The refund shall be
administered by the County's Regional Road Impact Fee Administrator.
(v) Initiation of a review,every three(3)years,of the Regional Road Impact Fee
Study, Regional Road CIP and the Regional Road Impact Fee Regulation of
the County and the Participating Local Governments, to determine if any
modifications need to be made to the program. This review will be
conducted by the Regional Road Impact Fee Administrator, with the
assistance of the Impact Fee Administrators of the Participating Local
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Governments. It shall be submitted to the Board of County Commissioners
and the Participating Local Governments. Before any modifications to the
Regional Road Study take effect, they shall be approved by each of the
Governing Bodies of the Participating Local Governments.
4. Duration. The duration of the Intergovernmental Agreement shall be for ten(10)years. It
may be renewed by the parties pursuant to State and local law.
5. Claims and Lawsuits. In the event that the Regional Road Impact Fee to be imposed by
the City under this Agreement is challenged by any party through the filing of a notice of
claim with the City under the Colorado Govemmental Immunity Act or the commencement
of any litigation, the County and the City agree to pay their own costs and attorneys' fees
related to such claim or litigation. However, the County further agrees, immediately upon
receiving any notice from the City of the filing of such a notice of claim or the
commencement of such litigation,to segregate and hold in a separate account the full amount
of any fee revenues theretofore delivered to the County by the City which are,or may be,the
subject of such notice of claim or litigation,provided that such fee revenues have not been
expended or encumbered by the County,pursuant to a fully executed agreement between the
County and a third party, for the purpose of designing, engineering or installing
improvements for regional roads, or acquiring rights-of-way for such regional roads. Such
amounts shall be held by the County and not expended until the dispute that is the subject
of the notice of claim or litigation has been finally resolved,either by agreement or by a final
decision of any court having jurisdiction over the matter, at which time said fee revenues
shall be expended, to the extent they are sufficient, to satisfy any amount due to the
claimant(s) or plaintiff(s)pursuant to the terms of any settlement agreement or final court
decision. The City shall have the right, in its sole discretion, to settle any such claims or
lawsuits, utilizing,if necessary in the City's judgment,the full amount of the funds held by
the County under this provision.
6. Termination. The County and Participating Local Government shall each have the authority
to terminate their participation in this Intergovernmental Agreement and the Regional Road
Impact Fee Program if the other party materially fails to comply with the terms of this
Agreement or materially modifies the Regional Road CIP and the Regional Road Impact Fee
regulation within their jurisdiction with outthe consent of the terminating party. Following
any such termination,the parties shall negotiate in good faith to agree upon the regional road
improvements to be funded by any regional road impact fee revenues theretofore forwarded
to the County by the City and remaining in the trust fund as of the date of termination. In
the event that, within six (6)months from the date of termination,the parties have not been
able to reach agreement with regard to any such proposed expenditures, the remaining
amount of City funds in the trust fund shall be forthwith returned to the City, together with
all accrued interest on said funds, and all other obligations of the parties under this
Agreement shall cease.
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Approved and adopted this day of 12000.
BOARD OF COMMISSIONERS
LARIMER COUNTY, COLORADO
By:
Chair
ATTEST:
Deputy and Clerk of the Board
CITY OF FORT COLLINS, COLORADO
a Colorado municipal corporation
By:
Mayor
ATTEST:
City Clerk
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