HomeMy WebLinkAboutLINCOLN JR. HIGH ADDITION - SITE PLAN ADVISORY REVIEW - 13-98B - SUBMITTAL DOCUMENTS - ROUND 2 - LEGAL DOCUMENTSJAN-31-2001 WED 11:54 0 OTTY ATTORNEYS OFFICE FAX N0, P`1216327 P. 03/09
when each site becomes eligible for annexation pursuant
to Colorado law. The School District shall submit to the
City its Petition requesting annexation within sixty (60)
days of the receipt of any such request by the City for
annexation.
d. Redevelopment and Rgusa of School Sites, The
School District will work with the City to determine uses
for redevelopment and reuse of schools being phased out
to find a solution that benefits the community. The
School District will follow the City's development review
procedures, as established within the City's zoning code,
for any building and/or property changing to another use.
a. General Infgas rv._ure Improvements. Prior to
the construction of any new School District facility or
the enlargement or change in use of any existing
facility, the City and the School District will work
together on a project -by -project basis to identify the
nature and extent of any infrastructure improvements
which need to be made in order to offset the particular
impacts that such facility may have on the City's
transportation and utility systems. The School District
shall be responsible for funding the construction of all
such infrastructure improvements as are determined to be
reasonably necessary to meet the transportation and
utility needs of any such facility and to offset any
corresponding impacts on the community; provided,
however, that the amount to be paid by the school
district for such infrastructure costs shal) not exceed
the amount attributable to the impacts of the school
district facility. During the construction of said
improvements, the City shall perform an inspection to
ensure that,...the improvements (such as streets or
utilities, etc.) are constructed in accordance with City
standards. Generally, infrastructure improvements for
new facilities shall be constructed prior to the
occupancy of --the same. However, in the event that the
City and the School District agree that the construction
of certain improvements can be delayed, such improvements
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JAN-31-2001 WED 11:53 AM r.TTY ATTORNEYS OFFICE FAX NO, IP"0216327 P. 02/09
e 49 ••
(1) it shall be the responsibility of the
School District to develop and maintain a five (5)
year plan for the acquisition of land and
construction of facilities of the School District,
which plan shall be reviewed by the Planning and
Zoning Board pursuant to Section 22-32-124, C.K.S.
The Planning and zoning Board of the City shall
review any such five (5) year plan in order that
the plan shall conform to the adopted Comprehensive
Plan of the City, insofar as is feasible. Prior to
such review by the Planning and Zoning Board, the
plan shall also be submitted to the City/School
District Liaison Committee for review and comment.
The School District's Master Plan shall show the
general areas of potential location of school
facilities and shall include background information
developed by the School District pertaining to
student population projections, boundary adjustment
plans, and other pertinent information.
(2) The School District shall also consult
with the Planning and Zoning Board of the City on a
site specific, case -by -case basis prior to the
acquisition of any land or construction of any
improvement thereon. The School District will
consider and respond to any issue raised by the
City's Planning and Zoning Board.
b. Neighborhood Parks. The City and the School
District will coordinate the general locations of new
school sites as shown in the "School Master Plan" of the
School Dist#gt.and new potential park sites as shown on
the City's °Parks and Recreation Master Plan," with the
City and school District closely coordinating the
purchase of property.
c. Annexation. Upon the request of the City, the
School District will annex all school sites into the City
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JAN-31-2001 WED 11,53 AM CiTy ATTORNEYS OFFICE FAX NO, IP`- 216327 P. 01/09
INTERGOVERNMENTAL, AGREEMENT
THIS AGREEMENT is executed this _Lai day of
1995, by and between THE CITY OF FORT COLLINS, COLORAD ("City��)
and the POUDRE SCHOOL DISTRICT R-1 ("School District").
W I T N E S S E T H:
WHEREAS, pursuant to Section 29-1-203, C.R.S., governments may
cooperate or contract with one another to provide any function,
service or facility lawfully authorized to each of the cooperating
or contracting units of government; and
WHEREAS, any such contract may provide ,for the joint exercise
of the function, service or facility which is the subject of the
contract; and
WHEREAS, continued growth in the Fort Collins area suggests
that increased coordination between the City and the School
District can result in better fiscal and physical management for
both the City and the School District; and
WHEREAS, both the City and the School District, in a spirit of
cooperation, have held a number of meetings for the purpose of
reaching an agreement regarding the planning and construction of
schools and the acquisition of land therefor and other related
topics,
NOW, THEREFORE, in consideration of the mutual covenants of
the parties and other good and valuable consideration, the receipt
and adequacy of which are hereby acknowledged, the parties agree as
follows:
1. Understanding of the Part It is the understanding of
the parties that this Agreement is to provide for collaboration
between the City and the School District to minimize costs for the
ultimate benefit of the community. As governmental entities who
serve a majority of the same public, it is prudent to work together
for mutual gain. To this end, much collaboration already occurs on
planning and service provision. It is the intent of the governing
bodies to institutionalize the vision of collaborative planning via
this document. It is a goal of the City Council and the Board of
Education to identify and modify any policies, ordinances,
resolutions or regulations of the City or the School District that
are in conflict with this philosophy.
JAN-31-2001 WED 11:55 AM CITY ATTORNEYS OFFICE
FAX NO, 110'^9216327
P. 09/09
Except as amended hereby, the Intergovernmental Agreement shall continue in full force and
effect according to its terms.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first above written.
ATTEST:
City Clerk
VdAs c Form
[)Etpuiy City Attorney
ATTEST:
Secretary
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
Mayor
POUDRE SCHOOL DISTRICT R-1
By:
President, Board of Education
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JAN-31-2001 WED 11:55 AM CITY ATTORNEYS OFFICE
C i6*
FAX NO. 19"2216327
P. 08/09
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
T111S AMENDMENT TO INTERGOVERNMENTAL AGREEMENT is executed this
day of _11999, by and between THE CITY OF FORT COLLINS,
COLORADO ("City") and the POUDRE SCHOOL DISTRICT R-1 ("School District") for the
purpose of amending that certain Intergovernmental Agreement ("hereinafter s Leired to
as the "Intergovernmental Agreement") executed by the parties hereto on t 'h of i
1993.
WITNESSETH:
�jyfza�v 54Y ,,^U cr i8., ig95'
WHEREAS, o :Tanuary 25, 1993 a City and the School District entered into an
Intergovernmental Agrccmenf provI ing for, among other things, joint planning between the City
and the School District; and
WHEREAS, from time to time, the School District remodels and/or expands existing school
facilities; and
WHEREAS, §31-23-209, C.R.S. and §22-32-124, C.R.S. require the School District to
submit site development plans to the City Planning and 'Zoning Board prior to the construction of
any such school structure; and
WHERFAS, the City and the School District desire, by this agreement, to exempt certain
remodeling and expansion_ construction from the requirement of submission to the City Planning and
Zoning Board for review and comment as required by state law. '
NOW, THERF,FORE, in consideration ofthe mutual covenants of the parties and other good
and valuable consideration, the receipt and adequacy ofwhich are hereby acknowledged, the parties
agerce that Paragraph 2(a)(2) of the Intergovernmental Agreement shall be amended to read as
follows:
2. Joint Plannine.
a. School Plannine.
(2) The . School District shall also consult with the
Planning and Zoning Board of the City on a site specific, case -by -
case basis prior to the acgttisition of any land or construction of any
improvement thereon. The School District will consider and respond
to any issue raised by the City's Planning and Zoning Board .The
provisions of this subparagraphz(2) shall not apply tgthe'remodeling
or expansion of existing school structures:: if' §uch
rernodeling/cxpansion does not increase the size of such existing
school structure by more than twenty five percent (25%).
JAN-31-2001 WED 11:55 AM CITY ATTORNEYS OFFICE
FAX NO. 197n2216327
P. 07/09
' APPRO AS TO F M:
ity for ey
kWzirlIFIM �.i_.
7eaC')
DISTRICT R-1
Byief
President-r Board of Education
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JAN-31-2001 WED 11:54 AN CITY ATTORNEYS OFFICE FAX NO, 197n2216327 P. 06/09
County Board of Commissioners of such proposed financing
mechanism, so that said mechanism may, if possible, be
consistently formulated and applied throughout that
portion of Larimer County which is within the School
District. The parties acknowledge that the actual
adoption and implementation of any particular financing
mechanism would be subject to the formal approval of the
parties in such manner as may be required by law.
5.. Dispute resolution. In the event that the City and the
school District are unable to agree upon the rights and obligations
of the parties with respect to this Agreement, the matter in
dispute shall be submitted to the city Manager and the
Superintendent of Schools, .who shall attempt to negotiate a
resolution of the differences between the parties in such manner as
they may deem appropriate.
6. Term. The term of this Agreement shall continue for a
period of five (5) years from the date hereof and shall be
automatically renewed for successive five (5) year periods unless
terminated by either party. Either party may terminate this
Agreement at the close of any five (5) year period by the giving of
written notice of termination to the other party not less than
thirty (30) days prior to the close of the five (5) year period
then in affect. The Agreement shall be reviewed and discussed at
a joint session of the School Board and city Council at least once
every two (2) years. It can be modified at any time by a majority
vote of'both parties.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
. I.
AT TEST
jsfBMJ� ? C: ty
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JAN-31-2001 WED 11:54 AM CITY ATTORNEYS OFFICE FAX NO, 1P')216327 P. 05/09
(2) The School District will not be required to
pay any fees for plan processing or submittal to the
Planning Department or any building permit plan review
fees.
(3) Water and sewer tap charges are not considered
as "development fees" but must be paid as a condition of
connection to service.
d. Re1m irc m ng. Reimbursements due to the School
District from the City shall be made, if applicable,
pursuant to separate reimbursement agreements between the
parties, in accordance with the relevant provisions of
the City Code. it is understood that any reimbursement
agreements shall be valid only for a period of ten (10)
years from the date of execution thereof, provided,
however, that the City Council may approve extensions of
reimbursement agreements for additional ten (10) year
periods if requested by the School District in writing
thirty (30) days prior to expiration thereof. The school
District also agrees that it shall be responsible under
the Code of the city to make reimbursement as a
benefitted property owner to third parties who have
constructed public improvements for which such third
parties are entitled to such reimbursement.
,..
The City and the School District will work together with
the community to study alternative methods for funding
the long-term infrastructure needs generated by future
School District facilities, using a public process that
identifies and involves any potentially affected
interests, The parties' intent in reviewing such
alternatives would be to explore the possibility of
developing. 4n4,.implementing a new financing mechanism
which would 'provide a means to purchase school sites and
construct the necessary infrastructure at an optimum
point in time in relation to community development
patterns. In the event that the parties are successful
in identifying a mutually acceptable financing mechanism,
the School District and the City will notify the Larimer
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JAN-31-2001 WED 11:54 AM CITY ATTORNEYS OFFICE FAX NO. 1°"'?216327 P. 04/09
may be constructed according to a time schedule
consistent with the actual needs created by the new
school site.
(1) The School District shall be responsible for
constructing those street improvements in the vicinity of
the School District sites which are required to meet the
traffic flow needs created by those sites. Said streets
shall be constructed at the thickness required for the
applicable street in accordance with the City's design
criteria for the construction of streets.
(2) Sidewalks required to adequately serve any
newly constructed school shall also be installed at the
expense of the School District. Sidewalks serving the
primary routes to such schools shall be eight feet (81)
wide and shall extend no. less than five hundred feet
(5001) from the school property or to the nearest
existing street intersection, whichever is less.
Sidewalks on other streets adjacent to the school site
shall be constructed to a width of five feet (51).
MROMMIM o. o - M -. •
(1) The School District shall be responsible for
payment of the following fees associated with the
construction of any new School District facility. These
fees will be calculated and paid prior to the occupancy
of the school in accordance with the provisions of the
City Code!
Water Plant Investment Fee
Water Rights Acquisition Charge
Stwer.Plant.Investment Fee
Storm Water Basin Development Fee (calculated
on the basis of the Tight Industrial
Category)
Electric Off -site and On -site Service Fees
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