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HomeMy WebLinkAboutCITY STRUCTURE PLAN AMENDS TO GMA, FOSSIL CREEK COOP. PLAN. AREA - 19-04 - P&Z PACKET - CORRESPONDENCE-HEARINGTHE TOWN OF WINDSOR, COLORADO A Municipal Corporation Mayor r• FORM: SEAL Page 3 of 3 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, inconsideration of the 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/TERMiNATiom 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. APPR D AS TO FORM: City Attorney THE CITY OF FORT COLLINS, COLORAD0 A Municipal Corpora By: Mayor Page 2 of 3 INTERGOVERNMENTAL AGREEMENT (Regarding Annexations East of Interstate Highway 25) THIS AGREEMENT, is executed this 28th day of June , 1999, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as 'Tort 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 ofColorado 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 of the 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 June 28 , 1999, regarding annexations in the Fort Collins Cooperative Planning Area Adjacent to Fossil Creek Reservoir, Windsor agreed that no municipal annexations shall occurwithin the Fort Collins Cooperative Planning Area, except annexations to Fort Collins; and Section 3 ANNEXATIONS IN THE CPA ADJACENT TO FOSSIL. CREEK RESERVOIR Originally Adoptedjune 28, 1999 Exhibit A Cig1 of Fort Collins Cooperative Planning Area Adlacent to FossR Crook Reservoir 1 0 1 Miles Approximate Street Location Streets City Limits Uga Boundary %.% Cooperative Planning Area Water. Features AS TO FORM: County THE COUNTY OF LARBAM COLORADO B � —,' Ch ' , Board of Commissioners Page 4 of 4 ATTEST: I" City Clerk' , APPRO/VYD. AS TO FORM: City Attorney SEAL I •'•�TTESTf Clerk APPROVED AS TO FORM: City Attorney ATTEST: i 9 THE CITY OF FORT COLL , ,COLORADO A Municipal Corporation By: Mayor ^, THE CITY OF LOVELAND, COLORADO A Municip Corporation B - Mayor THE TOWN OF WINDSOR, COLORADO A Municipal Corporation By: Lli `4 ,, A.< /1 Mayor i SEAL Page 3 of 4 WHEREAS, under the authority granted by said Title 29, Article 20, Colorado Revised Statutes, a number of meetings were held among Fort Collins, Loveland, Windsor, Timnath, and Latimer County with the intent of reaching agreement as to municipal annexations in the Fort Collins "Cooperative Planning Area" adjacent to Fossil Creek Reservoir; and WHEREAS, pursuant to said meetings, the parties have agreed as provided hereafter. 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. IDENTIFICATION OF THE FORT COLLINS COOPERATIVE PLANNING AREA ADJACENT TO FOSSIL CREEKRESERvOIR. The Fort Collins Cooperative Planning Area adjacent to Fossil Creek. Reservoir is identified as shown on Exhibit "A" attached hereto and incorporated herein by this reference. 2. ANNEXATION IN THE FORT COLLINS COOPERATIVE PLANNING AREA. The parties agree that no municipal annexations shall occur within the Fort Collins Cooperative Planning Area described on Exhibit "A" except annexations to Fort Collins. 3. COUNTY SUPPORT. The County agrees. to oppose, by such means as it deems appropriate, any annexation into any incorporated town or city except as is authorized in paragraph 2 above. 4. 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. 5. TERWTERNUNATION. 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, any party should notify the other parties 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. Page 2 of 4 INTERGOVERNMENTAL AGREEMENT (Regarding Annexations in the Fort Collins Cooperative Planning Area Adjacent to Fossil Creek Reservoir) THIS AGREEMENT, is executed this 28th day of .rune ,1999, by and between LARIMER COUNTY, COLORADO, a body politic organized under and existing by virtue of the laws of the State of Colorado, hereinafter referred to as the "County", THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as "Fort Collins", THE CITY OF LOVELAND, a municipal corporation, hereinafter referred to as "Loveland", and THE TOWN OF WINDSOR, a Colorado statutory town, hereinafter referred to as "Windsor". WI.TNESSETH: WHEREAS, continued growth in the Fossil Creek Reservoir area suggests that increased coordination among the parties to this Agreement 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 of the 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 Section 2 DEVELOPMENT IN THE CPA ADJACENT TO FOSSIL CREEK RESERVOIR Originally Adopted August31, 1999