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HomeMy WebLinkAbout1999-067-06/01/1999-AUTHORIZING THE MAYOR TO ENTER INTO AN IGA WITH THE TOWN OF WINDSOR REGARDING ANNEXATIONS EAST OF IN RESOLUTION 99-67 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF WINDSOR REGARDING ANNEXATIONS EAST OF INTERSTATE HIGHWAY 25 WHEREAS, continued growth in the Interstate Highway 25 Corridor Area suggests that increased coordination between Fort Collins and Windsor can result in better management and control of the development in this area; and WHEREAS, pursuant to Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has found and declared that in order to provide for planned and orderly development within Colorado and a balancing of the basic human needs of a changing population with legitimate environmental concerns,the policy of the State of Colorado is to clarify and provide broad authority to local governments to plan for and regulate the use of land within their respective jurisdictions, and WHEREAS, pursuant to said Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has designated certain powers to local governments, among them the power to regulate the location of activities and developments which may result in significant changes in population density,the power to provide for phased development of services and facilities, the power to regulate the use of land on the basis of the impact thereof on the community or surrounding areas, and the power to otherwise plan for and regulate the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights; and WHEREAS,pursuant to said Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has authorized and encouraged local governments to cooperate or contract with other units of government for the purpose of planning and regulating the development of land, including but not limited to the joint exercise of planning, zoning, subdivision, building, and related regulations; and WHEREAS,pursuant to an Intergovernmental Agreement between and among Windsor,Fort Collins, Loveland, and Latimer County, regarding annexations in the Fort Collins Cooperative Planning Area Adjacent to Fossil Creek Reservoir, Windsor agreed that no municipal annexations shall occur within the Fort Collins Cooperative Planning Area, except annexations to Fort Collins; and WHEREAS, in consideration of Windsor's promises contained in said Intergovernmental Agreement the purpose of this proposed Intergovernmental Agreement is to provide corresponding assurance that Fort Collins will not annex east of Interstate Highway 25 between Latimer County Road 34C and Larimer County Road 30; and WHEREAS, on May 20, 1999, the Planning and Zoning Board recommended that the Council authorize the Mayor to execute the proposed Intergovernmental Agreement; and WHEREAS, the Council of the City of Fort Collins has determined that it is in the best interests of the citizens of the City that the City enter into said 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 that certain intergovernmental agreement between the City of Fort Collins and the Town of Windsor regarding annexations east of Interstate Highway 25,a copy of which agreement is attached hereto as Exhibit"A"and incorporated herein by this reference. 1999. Passed and adopted at a regular meeting of the City Council held this 1 st day of June, A.D. Mayor ATTEST: City Clerk 2 INTERGOVERNMENTAL AGREEMENT (Regarding Annexations East of Interstate Highway 25) THIS AGREEMENT,is executed this day of , 1999,by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as "Fort Collins"and THE TOWN OF WINDSOR,a Colorado statutory town,hereinafter referred to as"Windsor". WITNESSETH: WHEREAS, continued growth in the Interstate Highway 25 Corridor Area suggests that increased coordination between Fort Collins and Windsor can result in better management and control of the development in this area; and WHEREAS, pursuant to Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has found and declared that in order to provide for planned and orderly development within Colorado and a balancing of the basic human needs of a changing population with legitimate environmental concerns,the policy of the State of Colorado is to clarify and provide broad authority to local governments to plan for and regulate the use of land within their respective jurisdictions; and WHEREAS, pursuant to said Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has designated certain powers to local governments, among them the power to regulate the location of activities and developments which may result in significant changes in population density,the power to provide for phased development of services and facilities, the power to regulate the use of land on the basis of the impact thereof on the community or surrounding areas, and the power to otherwise plan for and regulate the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights; and WHEREAS,pursuant to said Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has authorized and encouraged local governments to cooperate or contract with other units of government for the purpose of planning and regulating the development of land, including but not limited to the joint exercise of planning, zoning, subdivision, building, and related regulations; and WHEREAS, pursuant to various statutes of the State of Colorado (including 31-23-255, Colorado Revised Statutes,as amended),the General Assembly ofthe State of Colorado has enacted various supervisory tools in order that the State may better monitor the planning activities of units of local governments; and WHEREAS,pursuant to an Intergovernmental Agreement between and among Windsor,Fort Collins, Loveland, and Larimer County, dated , 1999, regarding annexations in the Fort Collins Cooperative Planning Area Adjacent to Fossil Creek Reservoir,Windsor agreed that no municipal annexations shall occur within the Fort Collins Cooperative Planning Area,except annexations to Fort Collins; and EXHIBIT (I I A WHEREAS, in consideration of Windsor's promise as contained in said Intergovernmental Agreement,the purpose of this Agreement is to provide a corresponding assurance that Fort Collins will not annex east of Interstate Highway 25 between Larimer County Road 34C and Larimer County Road 30. NOW,THEREFORE,in consideration ofthe covenants and obligations herein expressed and other good and valuable consideration,the receipt and adequacy of which is hereby acknowledged, it is agreed as follows: 1. ANNEXATION EAST OF INTERSTATE HIGHWAY 25. Fort Collins agrees that it Shall not annex any territory east of Interstate Highway 25 if such territory lies between Larimer County Road 34C and Larimer County Road 30 unless such annexation is otherwise agreed to in writing by Windsor. 2. ENFORCEMENT/BINDING EFFECT. This Agreement shall be binding upon the parties and their representatives, successors and assigns, and may be specifically enforced in any court of competent jurisdiction. 3. TERM/TERMINATION. This Agreement shall remain in force and effect for a period of ten (10) years from the date of its execution. Thereafter, it shall be automatically renewed for successive five(5)year terms unless at least six(6)months prior to scheduled expiration,either party should notify the other party of its decision that the Agreement not be renewed. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: ATTEST: Mayor )�U - 4%0�4 City Clerk APPROVED AS TO FORM: City Attorney Page 2 of 3 THE TOWN OF WINDSOR, COLORADO A Municipal Corporation By: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 3 of 3