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HomeMy WebLinkAbout1997-037-03/18/1997-APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE THOMPSON SCHOOL DISTRICT R2-J RELA RESOLUTION 97-37 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE THOMPSON SCHOOL DISTRICT R2-J RELATING TO THE PLANNING AND CONSTRUCTION OF SCHOOL FACILITIES WHEREAS,pursuant to Section 29-1-203,C. R. S.,governments may cooperate or contract with one another to provide any function, service or facility lawfully authorized to each of the cooperating or contracting units of government; and WHEREAS, any such contract may provide for the joint exercise of the function, service or facility which is the subject of the contract; and WHEREAS, growth in south Fort Collins suggests that increased coordination between the City and the Thompson School District R2-J ("the School District') can result in better fiscal and physical management for both the City and School District; and WHEREAS, the City and the Poudre School District, in a spirit of cooperation,negotiated and executed an intergovernmental agreement on or about the 19th of January, 1993, which has resulted in enhanced collaboration between the parties regarding the planning and construction of schools, and acquisition of land therefor and other related topics; and WHEREAS,upon the recommendation of the City/School District Liaison Committee, the City now wishes to enter into an agreement with the Thompson School District to formalize the cooperation existing between the two entities with regard to joint planning of school facilities; and WHEREAS, representatives of the City Council, staff and Thompson School District have met,reviewed,and now recommend approval of the attached Draft 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 the amended Intergovernmental Agreement between the City and the School District attached as Exhibit"A" and incorporated herein by this reference. Passed and adopted at a regular meeting of the Council of the Fort Collins held this 18th day of March, A.D. 1997. JL ayor ATTEST: City Clerk • EXHIBAR DRq� INTERGOVERNMENTAL AGREEMENT IN ME -�. THIS AGREEMENT is executed this day of , 1997,by and between the CITY OF FORT COLLINS, COLORADO (hereinafter referred to as "the City") and the THOMPSON SCHOOL DISTRICT R.24 (hereinafter referred to as "the School District"). WITNESSETH: WHEREAS, pursuant to Section 29-1-203, C.R.S., governments may cooperate or contract with one another to provide any function, service or facility lawfully authorized to each of the cooperating or contracting units of government; and WHEREAS, any such contract may provide for the joint exercise of the function, service or facility which is the subject of the contract; and WHEREAS, continued growth in the Fort Collins area suggests that increased coordination between the City and the School District can result in better fiscal and physical management for both the City and the School District; and WHEREAS, both the City and the School District, in a spirit of cooperation, believe that an agreement regarding the planning and construction of schools and the acquisition of land therefor and other related topics will benefit the community through closer linkage between the planning and construction of public infrastructure and school facilities. NOW, THEREFORE, in consideration of the mutual covenants of the parties and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. UNDERSTANDING OF THE PARTIES. It is the understanding of the parties that this Agreement is to provide for collaboration between the City and School District to minimize costs for the ultimate benefit of the community. As governmental entities who serve a majority of the same public,it is prudent to work together for mutual gain. To this end,much collaboration already occurs on planning and service provision. It is the intent of the governing bodies to institutionalize the vision of collaborative planning via this document. It is a goal of the City Council and the Board of Education to identify and modify any policies, ordinances, resolutions or regulations of the City or the School District that are in conflict with this philosophy. 2. JOINT PLANNING. a. School Pl M"Pi. (1) It shall be the responsibility of the School District to develop and maintain a plan for the acquisition of land and construction of facilities of the School District ("District Master Plan"), which plan shall be reviewed by the Planning and Zoning Board pursuant to Section 22-32- 124, C.R.S. The Planning and Zoning Board and the City shall review the District Master Plan to ensure conformance to the adopted 1 of 6 Comprehensive Plan of the City,insofar as is feasible. Prior to such review by the Planning and Zoning Board,the Plan shall also be submitted to the City/School District Liaison Committee for review and comment. The School District's Master Plan shall show the general areas of potential location of school facilities and shall include background information developed by the School District pertaining to student population projections,boundary adjustment plans, and other pertinent information. (2) The School District shall also consult, as required by Section 23-32- 124 C.R.S.,with the Planning and Zoning Board of the City on a site specific, case-by-case basis prior to the acquisition of any land or construction of any improvement thereon. The School District will consider and respond to any issue raised by the City's Planning and Zoning Board. b. Neighborhood Parka Consistent with the provisions of subparagraph 2.a. and 21. above, the City and the School District will, insofar as is feasible, coordinate the general locations of new school sites as shown in the "School District Master Plan" of the School District and new potential park sites as shown on the City's "Parks and Recreation Master Plan,"with the City and School District closely coordinating the purchase of property. C. Annexation. Upon the request of the City, the School District will annex all school sites into the City when each site becomes eligible for annexation pursuant to Colorado law; provided, however,that such annexation itself shall not require the payment of any fees, and shall not modify the School District's authority to construct facilities as provided by Colorado law and this Agreement. The school District shall submit to the City its Petition requesting annexation within sixty (60) days of the receipt of any such request by the City for annexation. d. RedevelUment and Reuse of School Sites. The School District will work with the City to determine the potential uses for redevelopment and reuse of schools being phased out to find a solution that benefits the community in so far as is feasible. The School District will follow the City's development review procedures, as established within the City's zoning code, as well as all City building codes,for any building and/or property changing to another use. 3. SCHOOL DISTRICT SITE INFRASTRUCTURE, a General Infrastructure Improvements. Prior to the construction of any new School District facility or the enlargement or change in use of any existing facility,the City and the School District will work together on a project-by-project basis to identify the nature and extent of any public infrastructure improvements which need to be made in order to 2 of 6 offset the particular impacts that such facility may have on the City's transportation and utility systems. The School District shall be responsible for funding the construction of all such public infrastructure improvements as are determined to be reasonably necessary to meet the increased transportation and utility needs, if any, of any such facility; provided, however, that the amount to be paid by the School District for such infrastructure costs shall not exceed, and shall be roughly proportional to, the district impacts on transportation and utility systems attributable to the School District facility. During the construction of said improvements the City shall perform an inspection to ensure that the improvements (such as streets or utilities, etc.) are constructed in accordance with City standards. Generally, infrastructure improvements for new facilities shall be constructed prior to the occupancy of the same. However, in the event that the City and the School District agree that the construction of certain improvements can be delayed, such improvements may be constructed according to a time schedule consistent with the actual needs created by the new or modified facility. b. Street and Sidewalk Improvement. (1) In addition to constructing any infrastructure improvements that may be required under subsection 3(a) above, the School District shall be responsible for constructing those street improvements adjacent to the School District sites which are required to meet the traffic flow needs created by those sites. Said streets shall be constructed at the thickness required for the applicable street in accordance with the City's design criteria for the construction of streets. (2) Sidewalks adjacent to the School District sites that are required to adequately serve any newly constructed school shall also be installed at the expense of the School District. Sidewalks shall be eight feet(8') wide along major streets and shall extend no less than five hundred feet (500') from the school property or to the nearest existing street intersection, whichever is less. Sidewalks on other streets adjacent to the schools site shall be constructed to a width of five feet(5'). (3) Schools shall be located to balance the need for walking and driving. To the extent feasible, elementary and middle schools shall be located away from arterials. C. Utility and Development Costs. (1) The School District shall be responsible for payment of the following fees (and charges) associated with the construction of any School District facility. These fees will be calculated and paid prior to the occupancy of the school in accordance with the provisions of the City Code: 3 of 6 Water Plant Investment Fee Water Rights Acquisition Charge Sewer Plant Investment Fee Storm Water Basin Development Fee (calculated on the basis of the Light Industrial Category) Electric Off-site and On-site Service Fees (2) For buildings and structures to be used for school purposes, the School District will not be required to pay any development fees for plan processing or submittal to the Planning Department or any building permit plan review fees. For buildings and structures constructed or remodeled or reused for other than School District occupancy the District shall pay all such customary fees and charges as would be paid by private developers (3) Water and sewer tap charges are not considered as "development fees"but must be paid as a condition of connection to service. a, Reimbursements. Reimbursements due to the School District from the City shall be made, if applicable, pursuant to separate reimbursement agreements between the parties, in accordance with the relevant provisions of the City Code. It is understood that any reimbursement agreements shall be valid only for a period of ten (10) years from the date of execution thereof, provided, however, that the City Council may approve extensions of reimbursement agreements for additional ten(10)year periods if requested by the School District in writing thirty(30) days prior to the expiration thereof. The School District also agrees that it shall be responsible under the Code of the City to make reimbursement as a benefited property owner to third parties who have constructed public improvements for which such third parties are entitled to such reimbursement. 4, FUTURE SCHOOL SITE FINANCING MECHANISM The City and the School District will work together with the community to study alternative methods for funding the long-term infrastructure needs generated by future School District facilities, using a public process that identifies and involves any potentially affected interests. The parties'intent in reviewing such alternatives would be to explore the possibility of developing and implementing a new financing mechanism which would provide a means to purchase school sites and construct the necessary infrastructure at an optimum point in time in relation to community development patterns. In the event that the parties are successful in identifying a mutually acceptable financing mechanism, the School District and the City will notify Larimer County Board of Commissioners of such proposed financing mechanism, so that said mechanism may, if possible, be consistently formulated and applied throughout that portion of Larimer County which is within the School District. The parties acknowledge that the actual adoption and implementation of any 4of6 particular financing mechanism would be subject to the formal approval of the parties in such manner as may be required by law. 5. DISPUTE RESOLUTION. In the event that the City and the School District are unable to agree upon the rights and obligations of the parties with respect to this Agreement, the matter in dispute shall be submitted to the City Manager and the Superintendent of Schools, who shall attempt to negotiate a resolution of the differences between the parties in such manner as they may deem appropriate. 6. 37JU The term of this Agreement shall continue for a period of five (5) years from the date hereof and shall be automatically renewed for successive five (5)year periods unless terminated by either party. Either party may terminate this Agreement at the close of any five (5)year period by the giving of written notice of termination to the other party not less than thirty (30) days prior to the close of the five (5)year period then in effect. The Agreement shall be reviewed and discussed at a joint session of the School Board and City Council at least once every two (2)years. It can be modified at any time by a majority vote of both parties. Notwithstanding the foregoing, this Agreement may be terminated by either party upon six (6)month's prior written notice to the other. 5of6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. THE CITY OF FORT COLLINS, COLORADO* A Municipal Corporation BY: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney THOMPSON SCHOOL DISTRICT R24 BY: President, Board of Education ATTEST: Secretary Approved as to Form: School District Attorney 6of6