The URL can be used to link to this page

Home My WebLink About2003-140-12/02/2003-AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY AND LARIMER COUNTY MUNICIPALITIES FOR RESOLUTION 2003-140 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY AND LARIMER COUNTY MUNICIPALITIES FOR SHARING COUNTY HELP PRESERVE OPEN SPACE TAX REVENUE WITH WINDSOR AND JOHNSTOWN WHEREAS,on April 1,2003,the City Council adopted Resolution 2003-051, adopting an updated Natural Areas Policy as a policy element of the City's Comprehensive Plan and approving a Conservation Focus Areas Map as a general guide for the implementation of the Updated Natural Areas Policy, so as to benefit and advance the interests of the citizens of Fort Collins; and WHEREAS, as a result of discussions among Latimer County and the municipalities in Larimer County regarding the sharing of County Help Preserve Open Space("HPOS")tax revenues with Windsor and Johnstown, which have annexed into Latimer County since the adoption of the County tax measure, those entities have negotiated an Intergovernmental Agreement Concerning County Open Lands Sales Tax Distributions (the "IGA"); and WHEREAS,the IGA calls for Windsor and Johnstown to receive a proportional share of the HPOS tax revenues, based on their respective populations and tax revenues from within Latimer County, which shares shall be paid from the total non-County share of the HPOS revenues that would otherwise be shared amongst Fort Collins, Loveland, Estes Park, Berthoud, Timnath and Wellington; and WHEREAS, the City Council has approved, through its adoption of Resolution 2003-141, an amendment to the Natural Areas Policy referenced above, in order to acknowledge and endorse the use of City HPOS tax revenues in order to further land conservation in Latimer County; and WHEREAS, the encouragement of land conservation in the Windsor and Johnstown areas would advance the interests of the City and of benefit to the citizens of Fort Collins because it will facilitate the acquisition and conservation of community separators, will assist in the protection of the I-25 corridor viewshed, and will advance other conservation values in the Fort Collins region; and WHEREAS, the form of the IGA, which has been approved and executed by several of the participating entities, is attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS,the Natural Resources Advisory Board considered the IGA and proposed policy change on November 5, 2003, and voted to recommend approval of the same; and WHEREAS,the Planning and Zoning Board considered the proposed IGA and policy change on November 20, 2003, and voted to support the IGA and related change in policy; and WHEREAS, the City Council has determined that it is in the best interest of the City and beneficial to the citizens of Fort Collins to provide for the distribution of a portion of the City's HPOS tax revenues to advance land conservation in the Windsor and Johnstown areas, by entering into the IGA NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. The Council hereby finds that the IGA, as shown on Exhibit "A" attached hereto and incorporated herein by this reference, will advance the interests of the City and be of benefit to the citizens of Fort Collins because it will facilitate the acquisition and conservation of community separators, will assist in the protection of the I-25 corridor viewshed, and will advance other conservation values in the Fort Collins region. Section 2. The Mayor is hereby authorized to enter into the IGA, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney determines to be necessary or appropriate to protect the interests of the City or effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the City Council held this 2nd day of December, A.D. 2003. Mayor ATTEST: ,,/ Chief Deputy City Clerk EXHIBIT "A" INTERGOVERNMENTAL AGREEMENT CONCERNING COUNTY OPEN LANDS SALES TAX DISTRIBUTION This Agreement made this day of 2002,by and among The Municipalities of Loveland, Fort Collins, Estes Park, Berthoud, Timnath, Wellington Windsor and Johnstown and Larimer County, Colorado as follows: Recitals 1. The voters of Larimer County, on November 7, 1995 approved a county wide sales tax for parks and open space, and such tax was extended by the voters on November 2, 1999; (The Initiative) and 2. The Initiative for the county wide tax required among other things that a minimum of 55% of the gross revenue, less collection and distribution costs,be distributed to the municipalities located entirely within Larimer County including, Loveland, Fort Collins, Estes Park, Berthoud, Timnath, Wellington; and 3. The Municipalities of Windsor and Johnstown now have Larimer County land area within their municipal boundaries; and, 4. The Municipalities of Loveland, Fort Collins, Estes Park, Berthoud,Timnath, and Wellington wish to relinquish a portion of the share of the revenue they receive from The Initiative to Johnstown and Windsor, based upon the allocation formulas contained in The Initiative for that portion of Johnstown and Windsor located within Larimer County; and 5. Loveland, Fort Collins, Estes Park, Berthoud, Timnath, and Wellington request Larimer County to pay the funds to Windsor and Johnstown under the terms of The Initiative in the same manner as payments are made to the other municipalities. Agreement 6. The municipalities of Loveland, Fort Collins, Estes Park, Berthoud, Timnath, Wellington agree to relinquish to Windsor and Johnstown a portion of their minimum 55% municipal share of revenue under The Initiative upon condition that Windsor and Johnstown shall use the funds for the purposes specified in The Initiative. 7. The portion of the revenue so paid to Windsor and Johnstown shall be calculated as required in The Initiative for division among the municipalities and shall be based upon the population formula or the sales tax formula as specified in The Initiative for that land area only within Larimer County. 8. The County agrees to create bookkeeping accounts for Johnstown and Windsor similar to the accounts required for the other municipalities by The Initiative and to pay directly to Windsor and Johnstown the revenue called for by this Agreement, with the understanding that Page 1 of 10 the total revenue to be paid to all municipalities shall remain as the amount would be without this Agreement. 9. All parties agree and understand that they are bound by all applicable provisions of The Initiative. LARIMER COUNTY, COLORADO DATED: By: Chair ATTEST: Deputy Clerk DATE: APPROVED AS TO FORM: County Attorney Page 2 of 10 CITY OF LOVELAND DATED: By: Mayor ATTEST: City Clerk DATE: APPROVED AS TO FORM: City of Loveland Attorney Page 3 of 10 CITY OF FORT COLLINS DATED: By: Mayor ATTEST: City Clerk DATE: APPROVED AS TO FORM: City of Fort Collins Attomey Page 4 of 10 TOWN OF ESTES PARK DATED: By: Mayor ATTEST: Town Clerk DATE: APPROVED AS TO FORM: Town of Estes Park Attomey Page 5 of 10 TOWN OF BERTHOUD DATED: By: Mayor ATTEST: Town Clerk DATE: APPROVED AS TO FORM: Town of Berthoud Attorney Page 6 of 10 TOWN OF TIMNATH DATED: By: Mayor ATTEST: Town Clerk DATE: APPROVED AS TO FORM: Town of Timnath Attomey Page 7 of 10 TOWN OF WELLINGTON DATED: By: Mayor ATTEST: Town Clerk DATE: APPROVED AS TO FORM: Town of Wellington Attorney Page 8 of 10 TOWN OF WINDSOR DATED: By: Mayor ATTEST: Town Clerk DATE: APPROVED AS TO FORM: Town of Windsor Attorney Page 9 of 10 TOWN OF JOHNSTOWN DATED: By: Mayor ATTEST: Town Clerk DATE: APPROVED AS TO FORM: Town of Johnstown Attomey Page 10 of 10 2001 Mock Actual Distribute Difference Fort Collins 3,323,372.21 3,314,942.77 8,429.44 Loveland 1,321,205.34 1,318,056.29 3,149.05 Estes Park 229,885.73 229,234.20 651.53 Berthoud 122,889.23 122,592.05 297.18 Wellington 64,589.06 64,531.68 57.38 Windsor 0.00 6,644.28 -6,644.28 Johnstown 0.00 5,945.42 -5,945.42 Timnath 5,887.12 5,882.00 5.12 5,067,828.69 5,067,828.69 0.00 County 3,565,145.58 3,565,145.58 0.00 Total 0.00 Distributed 8,632,974.27 8,632,974.27 0.00 Percentage Breakdown Cities 58.70% 58.70% 0.00% County 41.30% 41.30% 0.00% Page 11 of 10