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