Loading...
HomeMy WebLinkAbout1999-044-04/20/1999-APPROVING AN ADDENDUM TO TWO IGAS CONCERNING LAND DEDICATIONS OR IN-LIEU FEES FOR SCHOOL SITE PURPOS RESOLUTION 99-44 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN ADDENDUM TO TWO INTERGOVERNMENTAL AGREEMENTS CONCERNING LAND DEDICATIONS OR IN-LIF,U FEES FOR SCHOOL SITE PURPOSES WHEREAS,the City has entered into intergovernmental agreements(the"Agreements")on or about April 21, 1998 with the Poudre School District and the Thompson R24 School District; WHEREAS, the Agreements, and Ordinance No. 74, 1998 (the "Ordinance"), which was enacted by the Council of the City of Fort Collins pursuant to the Agreements, provide for the regulation of all new residential development in the City of Fort Collins by requiring the dedication of land for future school sites or the payment of fees in lieu of such dedication; WHEREAS, a certain amount of new development in the City is undertaken by the Fort Collins Housing Authority for the purpose of providing affordable housing to the low income residents of the City and the provision of such housing serves an important public purpose; and WHEREAS,pursuant to§§29-4-213 and 29-4-226,C.R.S.,respectively,housing authorities in Colorado are subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which their projects are situated,but such housing authorities are exempt from the payment of any taxes or fees to the state or any subdivision thereof, and WHEREAS, for the foregoing reasons,the parties hereto believe that it would be in the best interests of the City and the School District to exempt projects of the Fort Collins Housing Authority from provisions of the Agreement and the Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the addendum attached hereto as Exhibit"A"is hereby approved by the Council as an addendum to that certain"Intergovernmental Agreement Concerning Land Dedications or Payments in Lieu for School Purposes" between the City and the Poudre School District, dated April 21, 1998. Section 2. That the addendum attached hereto as Exhibit`B"is hereby approved by the Council as an addendum to that certain"Intergovernmental Agreement Concerning Land Dedications or Payments in Lieu for School Purposes"between the City and the Thompson R24 School District, dated April 21, 1998. Passed and adopted at a regular meeting of the City Council held this 20th day of April,A.D. 1999. L Mayor ATTEST: City Clerk 2 EXHIBIT A PAGE 1 OF 2 ADDENDUM This addendum is made and entered into by and between the CITY OF FORT COLLINS, COLORADO ("City") a municipal corporation and home rule city of the State of Colorado, and THE POUDRE SCHOOL DISTRICT("School District') a political subdivision of the State of Colorado,to be effective as of the day of April, 1999. RECITALS A. The parties hereto entered into an intergovernmental agreement ("Agreement') on or about April 21, 1998 for the purpose of providing for the dedication of land for school sites or payment in lieu thereof as provided in the Agreement. B. The Agreement, and Ordinance No. 74, 1998(the"Ordinance"),which was enacted by the Council of the City of Fort Collins pursuant to the Agreement, provide for the regulation of all new residential development in the City of Fort Collins by requiring the dedication of school sites or the payment of fees in lieu of such dedication. C. A certain amount of new development in the City is undertaken by the Fort Collins Housing Authority for the purpose of providing affordable housing to the low income residents of the City, and the provision of such housing serves an important public purpose. D. Pursuant to §§29-4-213 and 29-4-226, C.R.S., housing authorities in Colorado are subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which the project is situated but are exempt from the payment of any taxes or fees to the state or any subdivision thereof. E. For the foregoing reasons, the parties hereto believe that it would be in the best interests of the City and the School District to exempt all housing authority projects from the provisions of the Agreement and the Ordinance. AGREEMENT NOW, THEREFORE, in consideration of the objectives and policies expressed in the Recitals to the Addendum and the mutual promises contained herein,the City and the School District agree as follows: 1. That Section Ta. of the Agreement shall be amended so as to add an additional subparagraph vi. which shall read in its entirety as follows: vi. Land Development Projects (or portions thereof) of any housing authority organized pursuant to the provisions of§29-4-101, et seq., C.R.S., also known as "The City Housing Law." EXHIBIT A PAGE 2 OF 2 2. That the exemption for Land Development Projects of housing authorities provided for above shall apply retroactively to all such projects, whenever constructed,notwithstanding the provisions of Section 7.b. of the Agreement. 3. That the parties hereto understand and agree that the City Council intends to modify the provisions of Resolution 96-73 and Chapter 7.5,Article III of the Fort Collins City Code in order to implement the provisions of this Addendum. 4. That except as expressly modified above, the Agreement shall remain in full force and effect. 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 and Home Rule City By: Date: Mayor ATTEST: Date: City Clerk Approved as to form: Date: City Attorney POUDRE SCHOOL DISTRICT R-1 By: Date: Board of Education President ATTEST: Date: Secretary Approved as to form: Date: School District Attorney EXHIBIT B PAGE 1 OF 3 ADDENDUM This addendum is made and entered into by and between the CITY OF FORT COLLINS, COLORADO ("City") a municipal corporation and home rule city of the State of Colorado, and THE THOMPSON R2-J SCHOOL DISTRICT("School District")apolitical subdivision of the State of Colorado, to be effective as of the day of April, 1999. RECITALS A. The parties hereto entered into an intergovernmental agreement ("Agreement') on or about April 21, 1998 for the purpose of providing for the dedication of land for school sites or payment in lieu thereof as provided in the Agreement. B. The Agreement,and Ordinance No. 74, 1998 (the"Ordinance"),which was enacted by the Council of the City of Fort Collins pursuant to the Agreement,provide for the regulation of all new residential development in the City of Fort Collins by requiring the dedication of school sites or the payment of fees in lieu of such dedication. C. A certain amount of new development in the City is undertaken by the Fort Collins Housing Authority for the purpose of providing affordable housing to the low income residents of the City, and the provision of such housing serves an important public purpose. D. Pursuant to §§29-4-213 and 29-4-226, C.R.S., housing authorities in Colorado are subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which the project is situated but are exempt from the payment of any taxes or fees to the state or any subdivision thereof. E. For the foregoing reasons, the parties hereto believe that it would be in the best interests of the City and the School District to exempt all housing authority projects from the provisions of the Agreement and the Ordinance. AGREEMENT NOW, THEREFORE, in consideration of the objectives and policies expressed in the Recitals to the Addendum and the mutual promises contained herein,the City and the School District agree as follows: 1. That Section Ta. of the Agreement shall be amended so as to add an additional subparagraph vi. which shall read in its entirety as follows: vi. Land Development Projects (or portions thereof) of any housing authority organized pursuant to the provisions of §29-4-101, et seq., C.R.S., also known as "The City Housing Law." EXHIBIT B PAGE 2 OF 2 2. That the exemption for Land Development Projects of housing authorities provided for above shall apply retroactively to all such projects, whenever constructed,notwithstanding the provisions of Section 7.b. of the Agreement. 3. That the parties hereto understand and agree that the City Council intends to modify the provisions of Resolution 96-73 and Chapter 7.5,Article III of the Fort Collins City Code in order to implement the provisions of this Addendum. 4. That except as expressly modified above, the Agreement shall remain in full force and effect. 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 and Home Rule City By: Date: Mayor ATTEST: Date: City Clerk Approved as to form: Date: City Attorney THOMPSON R-2J SCHOOL DISTRICT By: Date: Board of Education President ATTEST: Date: Secretary Approved as to form: Date: School District Attorney