HomeMy WebLinkAbout 15-03 Approving IGA between Town of Firestone and Town of MeadRESOLUTION NO. \ Ltp� `to
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF FIRESTONE AND TOWN OF MEAD
WHEREAS, the Town of Firestone ("Firestone") and the Town of Mead ("Mead"), each
a municipal corporation of the State of Colorado (collectively the "Parties"), have proposed an
intergovernmental agreement (hereinafter the "Agreement"), a copy of which is attached hereto;
and
WHEREAS, pursuant to Colorado Constitution Article XIV, Section 18(2)(a) and C.R.S.
§ 29-1-201, et seq., the Parties may cooperate or contract with each other to provide any function,
service or facility lawfully authorized to each; and
WHEREAS, pursuant to C.R.S. § 29-20-101, et seq., the Parties are authorized and
encouraged to cooperate or contract with each other for the purposes of planning or regulating the
development of land; and
WHEREAS, the proposed Agreement resolves, in a mutually satisfactory and cooperative
manner, issues which have been of concern between the Parties for several years; and
WHEREAS, the proposed Agreement is in view of the Parties' commitment to planned
and orderly growth and provision of municipal services; to regulating the location of activities
and development which may result in increased demands for its services; to reducing and
avoiding, where possible, friction between the Parties; and to promoting the economic viability
of their respective communities; and
WHEREAS, because of the proximity of Firestone and Mead, the nature, type, and
intensity of use of the rights -of --way affected by the proposed Agreement will affect Firestone and
Mead; and
WHEREAS, the proposed Agreement is in view of the Parties' recognition of the need to
coordinate annexation and to establish a logical annexation boundary between Firestone and
Mead; and
WHEREAS, pursuant to the proposed IGA, the Parties desire to effect the disconnection
and annexation of certain rights -of --way in order to provide for control, improvement, and
maintenance of such rights -of --way in a manner consistent with existing and anticipated
municipal boundaries; and
WHEREAS, the Board of Trustees by this Resolution desires to approve the proposed
Agreement and authorize its execution;
it
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO,
Section 1. The proposed Intergovermnental Agreement between the Town of
Firestone, Colorado, and the Town of Mead, Colorado ("Agreement"), a copy of which is attached
hereto and incorporated herein by this reference, is hereby approved, upon condition that said
Agreement is also approved and executed by the Town of Mead.
Section 2. The Mayor is hereby authorized to execute the Agreement on behalf of the
Town, and is further authorized to negotiate and approve on behalf of the Town such revisions to
the Agreement as the Mayor determines are necessary or desirable for the protection of the Town,
so long as the essential terms and conditions of the Agreement are not altered.
INTRODUCED, READ, and ADOPTED this 14th day of January, 2015.
1�
TOWN `'��
0
ATTEST,
Y�.. G�,
Larissa Medina
Town Cleik
TOWN OF FIRESTONE, COLORADO
Paul Sorensen
Mayor
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INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement (the "Agreement") is made and entered into
this 15th day of January, 2015 (the "Effective Date"), by and between the Town of
Firestone, Colorado ("Firestone"), and the Town of Mead, Colorado ("Mead"), each a
municipal corporation of the State of Colorado. Firestone and Mead are collectively the
"Parties".
RECITALS
A. Pursuant to Colorado Constitution Article XIV, Section 18(2)(a) and C.R.S. § 29-
1-201, et seq., the Patties may cooperate or contract with each other to provide
any function, service or facility lawfully authorized to each; and
B. Pursuant to C.R.S. § 29-20-101, et seq., the Parties are authorized and encouraged
to cooperate or contract with each other for the purposes of planning or regulating
the development of land; and
C. The Patties have the authority to make the promises, enter into the agreements,
and perform the functions set forth herein; and
D. This Agreement resolves, in a mutually satisfactory and cooperative manner,
issues which have been of concern between the Parties for several years; and
E. Because of the pt•oximity of the Patties, the nature, type, and intensity of use of
the public rights -of -way affected by this Agreement will affect the Parties; and
F. The Parties have a commitment to planned and ordet•ly growth and provision of
municipal services; to regulating the location of activities and development which
may result in increased demands for services; to reducing and avoiding, where
possible, friction between the Parties; and promoting the economic viability of
their communities; and
G. The Parties recognize the need to coordinate annexations and to establish a logical
annexation boundary between the Parties; and
H. The Patties desire to effect the disconnection and annexation of certain public
rights -of --way in order to provide for control, improvement, and maintenance of
such rights -of --way in a manner consistent with existing and anticipated municipal
boundaries; and
I. Brookfield Residential and its affiliates, including but not limited to Barefoot
LLC, and the St. Vrain Lakes Metropolitan Districts, currently owns property in
the area affected by this Agreement (the "Brookfield Property") and Brookfield
Residential has indicated its intention to annex the Brookfield Property into
Firestone. A legal description of the Brookfield Property is attached as Exhibit
A.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the Parties agree as follows:
1. Incorporation of Recitals. The Recitals set forth above are hereby
incorporated into this Agreement.
2. Term. This Agreement shall have a ten (10) year term, which shall run
from the Effective Date of this Agreement (the "Term of this Agreement").
3. No Annexation Area. During the term of this Agreement, Mead shall not
approve any annexation ordinance for any proposed annexation that is outside of the
Mead Annexation Area, and Firestone shall not approve any annexation ordinance for
any proposed annexation that is outside of the Firestone Annexation Area. The Parties'
respective Annexation Areas are each identified and depicted on Exhibit B attached
hereto. The Parties agree that the area identified as "Not in IGA" and depicted on
Exhibit B, and areas not depicted on Exhibit B, including areas already annexed into
either party as of the date of this Agreement other than rights -of way subject to paragraph
S.b., below, are not subject to this Agreement.
4. Additional Firestone Obli atg_ ions. Firestone also agrees to the following:
a. VoluntarX School Mitigation Fees. Firestone shall require the
developer of the Brookfield Property to donate a voluntary mitigation amount to the St.
rain Valley School District or to phase their project in order to mitigate the impacts of
school capacity in a manner similar to Mead, as provided in Town of Mead, Colorado
Resolution No. 26-Rm2004.
b. Road Improvement and Maintenance. Firestone agrees to improve
and maintain that portion of Weld County Road 9.5 adjacent to and abutting the St.
Acacius subdivision, even though that portion of Weld County Road 9.5 shall remain
annexed to Mead. Firestone shall oversee all road improvement design and construction,
Mead hereby approves and accepts any such improvements, which shall be designed and
constructed in conformity with Firestone's road standards. The improvement and
maintenance obligations in this paragraph shall survive termination of this Agreement.
5. Additional Mead Obligations. Mead also agrees to the following:
a. Brookfield Annexations. Mead agrees not to oppose, challenge, or
take any action, which might impede or interfere with any current or future annexation of
the Brookfield Property and any related approvals into Firestone; except that nothing
herein shall preclude Mead from filing an objection to the area being excluded from the
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Mountain View Fire Protection District. Firestone hereby reserves any and all defenses it
may have to any objection Mead may make to the area being excluded from the
Mountain View Fire Protection District, including but not limited to, the defense that
Mead lacks standing to make such objection.
I)* Disconnection of Right -of -Way. Mead agrees to disconnect from
Mead, pursuant to the provisions of state law, that portion of any right -of --way abutting
the Brookfield Property, except for Colorado Highway 66 and the portion of Weld
County Road 9.5 which is immediately adjacent to and abutting the St. Acacius
subdivision. Mead shall begin to implement the disconnection of such right -of --ways
immediately after the Effective Date of this Agreement and agrees that the disconnection
of those rights -of way shall be completed no later than 90 days after said Effective Date.
After said disconnection, Mead agrees that Firestone may annex the disconnected rights -
of -way and Mead will not oppose, challenge or interfere with Firestone's annexation of
those rights -of -way.
6. Cooperation. The Parties agree to devote their best efforts, to cooperate as
necessary, and to exercise good faith in implementing the provisions of this Agreement.
7. Effect on Other Parties or Boundary Agreements. Nothing contained in
this Agreement shall be used or construed to affect, support, bind, or invalidate the
boundary claims of either party insofar as they shall affect any municipality not a party to
this Agreement. Nothing contained in this Agreement shall be construed to require
Firestone or Mead to annex any property or to provide any services to any property.
8. Non -Compliance. If either party fails to comply with the provisions of
this Agreement, the other party, after providing written notification to the non -complying
party and upon the failure of the non -complying party to achieve compliance within
twenty-one (21) days after said notice, may maintain an action in a court of competent
jurisdiction in Weld County for specific performance, injunctive, and other relief,
recognizing that the IGA will be entered as an order of the court for future judicial
forcement. The foregoing shall not preclude the other party from earlier filing claims
en
for immediate injunctive relief or claims subject to specified filing deadlines (e.g.,
C.R.C.P. 106(a)(4)) relating to acts or omission of the non -complying party.
9. Colorado Laws. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado.
10. Governmental Authority, The Parties shall comply with any and all
otherwise applicable and valid state, federal or local laws or regulations in relation to this
Agreement.
11. Waiver. A waiver of a breach of any of the provisions of this Agreement
shall not constitute a continuing waiver or a waiver of any subsequent breach of the same
or another provision of this Agreement.
12. Notices. All notices or other communications hereunder shall be
sufficient given and shall be deemed given when personally delivered, or after the lapse
of five (5) business days following mailing by certified mail, postage prepaid, addressed
as follows:
To Firestone:
Town of Firestone
attn: Town Cleric
P.O. Box 100
151 Grant Ave.
Firestone, Colorado 80520
To Mead:
Town of Mead
attn: Town Clerk
441 3rd St.
Mead, CO 80542
13. Effect of Invalidity. If any provision of this Agreement is finally held
invalid or unenforceable by a court of competent jurisdiction as to either party or as to the
Parties such invalidity or unenforceability shall not affect the other provisions of this
Agreement, except that any similar right or obligation of the other party shall be deemed
invalid and unenforceable. Further, with respect to any provision so held or deemed
invalid or unenforceable, the Parties agree to take such actions as may be necessary to
achieve to the greatest degree possible the intent of the affected provision.
14. Amendments. This Agreement may be amended' in writing only by
mutual agreement of the governing bodies of the Parties.
15. Reliance by the Parties. The Parties understand that each is relying upon
all of the promises made by the other in this Agreement, and each agrees (i) not to assert
to any court or other body the invalidity or unenforceability of any portion of this
Agreement unless such challenge is based upon a change in the law occurring after the
effective date of this Agreement; (ii) to promptly notify the other party of any legal action
which might affect this Agreement; (iii) to allow the other party to participate in such
legal action as the other party deems appropriate, consistent with court rules, and (iv) to
defend the Agreement in such legal action to the maximum extent consistent with law
and court rules.
16. Recording and Availability Agreement. After mutual execution of this
Agreement, Firestone shall record a certified copy of this Agreement with the Weld
County Cleric & Recorder's Office. Each party shall make available for public
inspection, copies of this Agreement in their respective offices as provided by statute.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed.
TOWN OF FIRESTONE, COLORADO
Paul Sorensen, Mayor
Approved by the Board of Trustees of the Town of Firestone the day of
2015.
ATTEST:
Larissa Medina, Town Clerlc
APPROVED AS TO FORM:
Samuel J. Light, Esq.
Firestone Town Attorney
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TOWN OF MEAD, COLORADO
Gary Shields, Mayor
Approved by the Board of Trustees of the Town of Mead the day of
. 2015.
ATTEST:
Linda Blackston, Town Clerk
APPROVED AS TO FORM:
Richard Samson, Esq.
Town Attorney
EXHIBIT A
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