HomeMy WebLinkAbout992525.tiff ;�`ri,
City of Dacono , Colorado
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October 7, 1999
Ms. Barbara Kirkmeyer, Weld County Commissioner
Office of Board of Commissioners ._
Weld County Government Offices '
P. O. Box 758
Greeley, CO 80632
RE: Intergovernmental Agreement with Broomfield
Dear Barb,
As I mentioned to you briefly in late September, the Cities of Dacono and Broomfield recently
negotiated an IGA that establishes common boundaries and referral processes for projects near
the I-25/Weld County Road 8 interchange. For your reference and information, I have enclosed
a copy of the executed agreement.
If you need additional information regarding this IGA, please do not hesitate to call.
Sincerely,
Helen Gray, PE
City Administrator
Cc: City Clerk Nancy Elliott
512 Cherry Street • Post Office Box 186 • Dacono, Colorado 80514
Local—(303) 833-2317 Metro—(303) 833-5562 Fax—(303) 833-5528
io- /3- 99 g`l 992525
AN INTERGOVERNMENTAL AGREEMENT BY AND
BETWEEN THE CITY OF BROOMFIELD AND THE CITY OF DACONO
REGARDING FUTURE GROWTH AREAS
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made and
entered into this day of Secifsntst1999, by and between The City of
Broomfield, a Colorado Municipal Corporation, (Broomfield) and the City of Dacono, a
Colorado Municipal Corporation (Dacono), collectively the "parties" or "municipalities".
WHEREAS, Broomfield and Dacono each find that:
1. Growth and development and demands for municipal services exist, and will
continue to exist, within the vicinity of the municipalities.
2. Each municipality has a commitment to orderly growth and quality
development; to promoting the economic viability and environmental integrity
of their respective communities; to planning the location and timing of
activities and development which may result in increased demands for its
services; to providing for the efficient development and extension of municipal
services, facilities, and regulation; and to avoiding unnecessary duplication of
governmental services.
3. Cooperation and increased coordination between the municipalities as
represented in this Agreement, in planning for the affected geographic area,
will enhance the ability of the municipalities to achieve their respective and
common goals.
4. The people of the state of Colorado have authorized the municipalities to
exercise the powers and to cooperate and contract in the matters set forth in
this Agreement through Colorado Constitution, Article XIV, Section 18(2)(a),
and Article XX.
5. The General Assembly of the state of Colorado has authorized and
encouraged the municipalities to exercise the powers and to cooperate and
contract in matters set forth in this Agreement through the enactment of state
statutes including, but not limited to: C.R.S. §29-20-101, et seq., C.R.S. §29-
1-201, et seq., C.R.S. §31-12-101, et seq., and C.R.S. §§31-15-708 and —
710; Parts 2 and 3 of Article 23, title 31 of the Colorado Revised Statutes; and
Part 4 of Article 35, Title 31 of the Colorado Revised Statutes.
6. Specifically, the Local Government Land Use Control Enabling Act of 1974,
as amended, C.R.S. §29-20-101, et seq., (the Act) enables the parties to
enter into an intergovernmental agreement for the purpose of planning or
regulating the development of land including, but not limited to, the joint
exercise of planning, zoning, subdivision, building, and related regulations.
7. The Act further provides that local governments may provide through
intergovernmental agreements for the joint adoption by the governing bodies,
after notice and hearing, of mutually binding and enforceable comprehensive
development plans for areas within their jurisdictions.
8. This Agreement is entered into pursuant to the authority granted by the
General Assembly and the people of the state of Colorado, as described
above, and the subject matter and agreements contained herein are logical
and foreseeable results of the foregoing statutes and constitutional
provisio;is.
WHEREAS, the municipalities desire to see the area develop in a coordinated,
orderly, high-quality manner as defined by the respective parties; and
WHEREAS, in view of the foregoing findings, it is appropriate that this Agreement be
executed by each of the parties hereto.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, it is agreed by and between the parties as follows:
1. GEOGRAPHICAL CORRIDOR. The "Corridor" referenced in this Agreement
is the Weld County Road #8 corridor from Interstate 25 to Weld County Road
#11.
2. LAND USE. The municipalities agree to use their best efforts using their
respective adopted ordinances, plans and policies to see the Corridor
develop in a coordinated, orderly, high-quality manner.
3. RECREATION AND ENVIRONMENT PLANNING. The municipalities agree
to cooperate with each other and other affected agencies and individuals in
the planning of recreational opportunities within the Corridor and in planning
to maintain and enhance the environmental integrity of the Corridor.
4. DEVELOPMENTAL REFERRAL. Each municipality shall provide the other
municipality with a copy of any annexation petition, initial zoning, rezoning,
planned unit development, site development plan, variance, conditional use
or special use, subdivision application, and injection well application affecting
property located within 0.5 miles of the Corridor for review and comment at
least 30 days prior to any formal action thereon by any municipal official,
commission, agency, council or other body.
5. ANNEXATION. In order to achieve the purposes of the Agreement as
described herein, the parties agree as follows with respect to annexation by
each wil:hin the Corridor:
(a) Broomfield agrees to refrain from exercising its annexation power north
of Weld County Road #8 and east of Weld County Road #11;
(b) Dacono agrees to refrain from exercising its annexation power south of
Weld County Road #8 and west of Weld County Road #11;
(c) Annexation by a party contrary to (a) or (b) above shall be permitted only
upon mutual agreement of the municipalities.
6. PARTIIES TO EXERCISE GOOD FAITH. Each municipality agrees to devote
its best efforts and to exercise good faith in implementing the provisions of
this Agreement.
7. INTENT OF AGREEMENT. This Agreement is intended to describe the
rights and responsibilities only as between the named parties hereto. It is not
intended to and shall not be deemed to confer rights to any persons or
entities not named as parties hereto, not to require either of the municipalities
to annex any property, or to provide any services to any real property. This
Agreement is not intended to limit in any way the powers or responsibilities of
any other political subdivision of the State of Colorado not a party hereto.
8. REMEDIES. Should either party fail 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 said party to achieve compliance
within ninety (90) days after said notice, may at its option, either terminate
this Agreement in its entirety or file an action in district court pursuant to
C.R.S. §29-20-105 (2)(g). In no event shall damages relief be available to
any party for default of this Agreement. In the event of such litigation, each
party shall be responsible for its own costs, including attorneys' fees.
9. EFFECTIVE DATE. This Agreement shall become effective when executed
by all of the municipalities.
10. TERMINATION. This Agreement shall remain in full force and effect for a
period of three years beginning from the date of its execution unless earlier
terminated by mutual agreement of the parties. Thereafter, it shall be
automatically renewed for successive on one-year terms unless, at least
ninety days prior to the expiration of a term, notice is given of a party's
decision not to renew the Agreement. Such decision will be by formal action
of the governing body requesting termination.
11. AMENDMENT. This Agreement may be amended only in writing by the
parties hereto.
12. EFFECT OF INVALIDITY. If any portion of any paragraph of this Agreement
is held invalid or unenforceable by a Court of competent jurisdiction as to any
party, such invalidity or unenforceability shall not affect the other paragraphs
of this Agreement except that, if a requirement or limitation is such paragraph
is declared invalid as to one party, any corresponding requirement or
limitation shall be deemed invalid as to the other party.
IN WITNESS WHEREOF, the above parties hereto have caused this Agreement to
be executed.
CITY OF DACONO,
a Colorado Municipal Corporation
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City Cler
CITY OF BROOMFIELD,
a Colorado Municipal Corporation
By: (.1 )4 Qfl,ext,, VIA• & rMayor
ATTEST:
City Clerk
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