HomeMy WebLinkAbout2009-102-11/17/2009-AUTHORIZING AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY CONCERNING THE F RESOLUTION 2009-102
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN AMENDED AND RESTATED INTERGOVERNMENTAL
AGREEMENT WITH LARIMER COUNTY CONCERNING THE FOSSIL CREEK
RESERVOIR AREA PROPERTY
WHEREAS, in January 2001, the City Council adopted Ordinance No. 3, 2001,authorizing
an intergovernmental agreement between the City and Larimer County related to the joint acquisition
and ownership of seven properties in the Fossil Creek Reservoir area, and authorizing .the
conveyances contemplated therein; and
WHEREAS,in January 2001,the City and Larimer County entered into an Intergovernmental
Agreement Concerning the Fossil Creek Reservoir Properties (the "2001 IGA"), consistent with
Ordinance No.003, 2001; and
WHEREAS,on April 1,2003,the City Council passed Resolution 2003-046 authorizing an
amendment to the 2001 IGA to modify certain terms regarding acquisition and improvement of the
properties identified in the 2001 IGA; and
WHEREAS, on April 15, 2003, the City and County entered into that Amendment to the
2001 IGA; and
WHEREAS,on February 7,2006,the City Council passed Resolution 2006-012 authorizing
a second amendment to the 2001 IGA to delay the transition of management of the properties from
the County to the City until January 1,2010,rather than at the time the properties were annexed;and
WHEREAS,on March 14, 2006,the City and County entered into that Second Amendment
to the 2001 IGA; and
WHEREAS, the County has asked that it be allowed to remain the"managing entity"under
the 2001 IGA after January 1, 2010, so that its Open Lands Rangers can continue to use the ranger
office building located on the property, and in exchange the County would continue to patrol the
property, provide visitor management and enforcement, and remove trash; and
WHEREAS, rather than making the 2001 IGA more complicated by doing a third
amendment, City staff is recommending that the City and County enter into a new IGA, simplified
and updated, that would replace the 2001 IGA and its prior amendments, and reflect the City and
County's current arrangements regarding the Fossil Creek Reservoir properties; and
WHEREAS, the City and County have negotiated a proposed Amended and Restated
Intergovernmental Agreement,a copy of which,dated November 5, 2009, is on file in the Office of
the City Clerk and available for public inspection; and
WHEREAS, the City is authorized to enter into intergovernmental agreements for
cooperative or joint activities with other governments,or to provide any function,service or facility,
as provided in Article 1I, Section 16 of the Charter of the City of Fort Collins,and Section 29-1-203,
C.R.S.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to execute an Amended and Restated
Intergovernmental Agreement in substantially the form as is on file in the Office of the City Clerk,
along with such other terms and conditions as the City Manager, in consultation with the City
Attorney,deems necessary or appropriate to protect the best interests of the City or to effectuate the
purposes of this Resolution.
Passed and adopted at a regular meeting of the Cou f the City of Fort Colli his 17th
day of November A.D. 2009.
Mayor
.ATTEST:
City Clerk