HomeMy WebLinkAbout2020-084-09/15/2020-AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY TO IMPLEMENT THE RESOLUTION 2020-084
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH LARIMER COUNTY TO IMPLEMENT THE LARAMIE FOOTHILLS
EXPANSION 2020 LAND CONSERVATION PROJECT
WHEREAS, to meet shared land conservation goals, the City and Latimer County
("County") have been working together since 2003 to conserve land in the Laramie Foothills —
Mountains to Plains Conservation Area, including the Red Mountain Open Space ("Red
Mountain") directly west of the City's Soapstone Prairie Natural Area; and
WHEREAS, on January 21, 2020, the City Council approved Resolution 2020-009
authorizing an intergovernmental agreement between the City and Larimer County, pursuant to
which the City paid the County a portion of its costs for acquiring an inholding parcel in Red
Mountain and the County conveyed a conservation easement and a right of first refusal over the
Red Mountain inholding to the City; and
WHEREAS, Great Outdoors Colorado (GOCO) has awarded Latimer County $812,475 in
GOCO grant funds for the Laramie Foothills Expansion 2020 — Land Conservation Project (the
"Project"); and
WHEREAS through the Project the County intends to acquire for conservation, in
partnership with the City, fee title and conservation easements to four additional parcels of real
property located adjacent to or near Red Mountain known as the Hawk Canyon Ranch, West Red
Mountain Ranch, South Red Mountain Ranch, and Green Valley Ranch, and hopes to acquire a
fifth parcel, Boxelder Ranch, separately from the GOCO grant (collectively, the"Ranches"); and
WHEREAS, the County proposes buying two of the Ranches totaling 1,669 acres in fee
simple to become part of Red Mountain, and acquiring conservation easements on the other three
Ranches totaling 1,864 acres; and
WHEREAS, the City wishes to collaborate with the County on the costs and
responsibilities of conserving the Ranches by splitting the acquisition costs with the County; and
WHEREAS as part of this arrangement the County would convey to the City conservation
easements (the "Conservation Easements") on the two Ranch properties the County purchases in
fee; and
WHEREAS, the City already holds a conservation easement on the rest of Red Mountain;
and
WHEREAS,the City and County have negotiated a proposed intergovernmental agreement
regarding the Project, a draft of which is attached hereto as Exhibit "A" and incorporated herein
by reference (the "IGA"); and
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WHEREAS, the total cost of the Project will be approximately $8.4 million: in addition to
the$812,475 in GOCO grant funds the County would contribute approximately $4.91 million and
the City would contribute approximately $2.65 million; and
WHEREAS, under the terms of the IGA the City would pay the County a portion of the
costs of acquiring each Ranch, including a portion of the due diligence costs incurred by the
County for each acquisition, and the County would convey the two Conservation Easements to the
City by separate deeds of conservation easement; and
WHEREAS,the City's portion of the funds has already been appropriated and is available
for expenditure in the Natural Areas fund; and
WHEREAS, under the IGA the County will also grant the City a right of first refusal if the
County ever wishes to sell all or a portion of the property interests it acquires for the Project, and
the County would retain a right of first refusal if the City wishes to sell the Conservation
Easements; and
WHEREAS, if either party were to sell or transfer its interest to a third party, the City and
County would split any proceeds from that conveyance in the same proportion as their
contributions to this Project; and
WHEREAS, at its regular meeting on August 12, 2020, the Land Conservation and
Stewardship Board voted to recommend that the City Council approve the IGA; and
WHEREAS,the proposed collaboration with the County, as documented in the IGA, meets
the criteria of the Natural Areas Department's Land Acquisition Partnership Guidelines; and
WHEREAS, Article II, Section 16 of the City Charter empowers the City Council, by
ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental
services and make charges for such services,or enter into cooperative or joint activities with other
governmental bodies; and
WHEREAS,Section 29-1-203 of the Colorado Revised Statutes provides that governments
may cooperate or contract with one another to provide certain services or facilities when such
cooperation or contracts are authorized by each party thereto with the approval of its legislative
body or other authority having the power to so approve; and
WHEREAS, the City Council has determined that entering into the IGA with the County
and acquiring the Conservation Easements are in the best interests of the City.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section I. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
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Section 2. That the City Council hereby authorizes the Mayor to execute the IGA,
pursuant to which the City will pay the County a portion of its costs for acquiring the Ranches,
and in exchange the County will convey to the City the Conservation Easements and a right of first
refusal over its interests in the Ranches while retaining a right of first refusal in the Conservation
Easements, in substantially the form attached hereto as Exhibit "A," together with such
modifications and additions as the City Manager, in consultation with the City Attorney,
determines are necessary or appropriate to protect the interests of the City or further the purposes
of this Resolution, as set forth above.
Section 3. That the City Council hereby authorizes the City Manager to execute and
accept the Conservation Easements, as described in this Resolution and the IGA, and such other
instruments and documents required to complete their conveyance to the City.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th
day of September, A.D. 2020.
Mayor
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