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HomeMy WebLinkAbout1991-159-12/03/1991-BOARD OF EDUCATION DRAINAGE SWALE GOLDEN MEADOWS NEIGHBORHOOD IGA POUDRE SCHOOL DISTRICT R-1 RESOLUTION 91-159 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE BOARD OF EDUCATION OF POUDRE SCHOOL DISTRICT R-I CONCERNING A DRAINAGE SWALE WHEREAS, the City is the owner of certain real property located in the South One-half of Section 31, Tracts A and B, of the Golden Meadows Business Park located in Fort Collins, Colorado, and known as the Golden Meadows Neighborhood Park ("the Park") ; and WHEREAS, the Board of Education of Poudre School District R-1 ("the School District") is the owner of property directly south of the Park, and the School District is constructing a new elementary school on the property; and WHEREAS, the City Planning and Zoning Board has reviewed and approved the School District's plan for the School District property, including joint use of the Park; and WHEREAS, an open drainage swale is located along the boundary between the Park and the School District property; and WHEREAS, the School District wishes, at its own expense, to place a pipe in the drainage swale and fill in a portion of it directly adjacent to the new school site in order to provide an area for outdoor activities for the school children and also to provide better and safer access between the School District property and the Park; and WHEREAS, the School District has agreed to undertake this project in accordance with the City's requirements and also to perform wetland mitigation and restoration work in accordance with a plan approved by the City's Natural Resources and Parks and Recreation Departments; and WHEREAS, the City is desirous of helping the School District meet its needs for playgrounds and ball fields for the new elementary school but wants to ensure that its concerns about preserving the natural resources in the Park are adequately addressed; and WHEREAS, the City, in accordance with Article II of Chapter 23 of the City Code, has issued an excavation permit to the contractor who is performing the work for the School District; which permit authorizes the contractor to excavate, put in the drainage pipe and backfill the drainage Swale but does not address the restoration or natural resource mitigation work requested by the City; and WHEREAS, Article II, Section 16, of the Charter of the City provides that the Council may, by ordinance or resolution, enter into contracts with other governmental bodies for cooperative or joint activities with other governmental bodies. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor be, and hereby is, authorized to enter into an intergovernmental agreement between the City and the School District requiring the School District, at its sole expense, to perform such restoration and natural resource mitigation work as may be required by the City in connection with the drainage project described above. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 3rd day of December, A.D. 1991 . mayor ATTEST: City Clerk