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
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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
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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:
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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
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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.
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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
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