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Home My WebLink AboutResolution-2006-0017 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 17 Series of 2006 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT ON ANNEXATIONS, INCLUSIONS AND TAX LEVIES BETWEEN THE CITY OF WHEAT RIDGE, PROSPECT RECREATION & PARK DISTRICT AND CABELA'S RETAIL, INC. WHEREAS, the Prospect Park & Recreation District has petitioned the Jefferson County District Court for inclusion of certain property, which property has recently been annexed by the City; and WHEREAS, the City has previously opposed that inclusion, and WHEREAS, the City, the property owner, and the District have negotiated an intergovernmental agreement, a copy of which is attached hereto as Exhibit A and fully incorporated herein by this reference, which agreement addresses the issues of the dispute between them, and WHEREAS, the City Council wishes to approve the agreement. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that Section 1. Intergovernmental Agreement Approved The intergovernmental agreement between the City of Wheat Ridge and Prospect Park & Recreation District attached hereto as Exhibit A is hereby approved Section 2. Affective Date This resolution shall be effective upon adoption DONE AND RESOLVED this \ C r;) day of ,,{ Ie i L ,2006 .- , /, J L..-j~ _..~,' I ,tiC -'. Jfrry .D.tf~m'~, Mayor L 1/' ~ ~ r- ~ . . k.J-v--- . amela Anderson, City Clerk -., INTERGOVERNMENTAL M;REEMENT ON ANNEXATIONS, INCLUSIONS AND TAX LEVIES THIS J\lJRI:EMENT dated Ihls IOtr... da, of April, 2006 IS by and among the follOWing entitles THF CITY OF WHEAT RIDCiE, a Colorado home rule muniLlpality (Ihe "City "l~ 2 PROSPECT RECREATION & PARK DlSTR1CI a lltle :12 speCIal dIstrict and pulitlcal subdivision of the State of Colorado ("Prospect D,stnd"'l. and 3 CABELA'S lli. 1 A.IL. INC. r-Cahela"s'"). in its O\Vn capacIty and as an ()rganlh:r of the proro<.ed Longs Peak Metropolnan District ("Longs Peak DIstriCt'") RECITALS ~. Ihe City has aJmexed certam property (the "Annexed Prc'rcrty") owned by Cabe1a's and Coors Brewmg Company ("Coors") pursuant to that certain ^nnexatlOn and Development Agreement entered into as of December 20. 2()()4 The Annexed Property presently consists entirely of the following propcl1ies Parcc\s llv.ned h) Cuors (collectIvely referred tu as the "Cuurs Property"), ~ Om: or morc parccls whicch ('abela's prcsently Intends to ust.: for a <.. abej(l's retaIl store (the "Cabeb s :..tore Property"), and , " Certam other property owned by Cabda's (the "Remaining Cabela's Property") B Prospect DistrIct currently proVIdes park and recreatIOn services wlthl!1 Its boundaries, which are localt:a generally west of Youngfidd Street amI Ward Road between 56' Avenue and Colfax Avenue, and generally east of the bases uf North and South Tahle Mountains. Prospect District operates Iwo parks which arc ]ocaled near the Cahela's 'Store Property Maplegrove Park at :r2"' Ave and Gardenia St.. and ~rapahoe Park at 44" Ave and Indiana St. Prospect Imposes an ad valorem property tax on taxahle property withm its distriCt. which IS currcntly levicd at thc rate of 3 mills. (' portIons ,,\' the Coors Property bave becn mcludcd wllbin thc Prospect District boundaries Sll1ce Prospect DIstrIct's l'eorganl7allon in 199'1 Other portions of the Coors Properly have heen included withIn the Prospect Di,trict houndaries as the result of a StipulatIon between Coors and Prospect District filed on May 2. 2U05 111 connection With the legal proceedmg entitled /n re the Organization or Pro~pel'l H.ccl'ealiol1 & ['(Irk Ills/rie/, Jcfferson ('Olin/V, Colorado, .Jefferson County Dlstnc:t CourL Civil !\,cl1on No 9'1 <.. V 2154. DIVISIon l\ (the "lncluslOn Proceeding'"), and the Order ...pproving. that <..;tipulation cntered on May 5.2005 D rhc issue or whether the Cabela's "tore Properly and the Remaining ( ahela ,:-, Property are or should be l1lc\udcd In the Prospect Dlstnet boundanes remains hefore the Court in the fnclusi()/1 Proceedi/1g rhe City has II1teryened in that proc..:edmg, and has opposed the Indusl\)[1 of an) ('aheTa's pmrertles. Cahc]a's has adopted the eIl)'s position E All of the parties to this Agreement are concerned With potential development of the propertIes bet\\een 32'" Ave and 44'" Ave" west of 'y oungfie]d St and cast of Mcintyre St. In parlH:uhw rhe CIty has annexed other rroperties and the DJstnct may provide some par!.- and reereatlon services on the eastern part of thiS mea, and may expand Its boundanes to the west. , Cabda's IS makmg substantial lI1vestments m its propertIes and IS providing some recreatIOn faCIlitIes, and 3 After its fonnatlon, Longs Peak. District may also expand Its houndaries to the west. to the extcnt that its servIces may be needed to support such dcyelopmeni. F Thc parties deSIre, through thIS t\greement, to hannomze their relationship and to rcach accommodation WIth each other with rcspcct to ccrtain boundar] and taxation ISSllCS. G, rhe partJes antJupate that Longs Peak Dlstnd \vill ratIfy this Agreement. and bec.:ome bound to its terms following its tllm1ation NOW, IHFKFFORL in eonsldcratlOn of the mutual promIses contained herem, the sufficiency of WlllCh is herehy acknowledged, the parties agree as follows. I. InclUSIOn of Property \Vithlll Prospect District. Prospect Dlstric;t wiI] lake the j()lIoVYJl1g actions, to which Cabela s will not ob1ect a. Prospect Dlslnct will lIlclude the l abcla's Store Property III the Distnet and 'will create Prospect RecreatIon & Park DIstrict Subdistrict 1\,0. 3 (the "Suhdistricf') encompassing the Cahela's 'Itore Property: b I'rosped Dlstnct will lI1c1ude the Remainmg Cahela's Property In f'ro,pecl Reen:ation & Park District. , Mdl Lev\ Limitation tllr Cabela's Store Propel1v. The tax lev] applicahle to tbe "ubdlstrlet shall he capped at 2 mills as long as the Cahela's Store Propel1y is owncd by Cabela's RetaIL lnc or a related entlly: provid..:d, however, in any event the tax levy applicable to the Subdlstnct shall never exceed the milllcvy prevallmg 111 the Prospect DisHict generally '\ Prospect Dlstriet Boundaries I\) He Unaffected by r uture JncluslOns bv Longs E.eak District. The parties agree Ihat if additional properties wn1ml the bound<lries of Prospect DIstrict are subsC4uentlj included in the boundanes of Longs l't;ak [)\stri<.:t, such inclusion will not atlect the boundaries of Prospect District 4 Prospcct District Boundaries To Be Unaffected by AnnexatlOns by the Cn, rhe partlt's agree that the CIty will nol lakc any action to cause the exduslOn hum Prospect DIstrict (,1) of any propcrtles wlthm the Longs Pcak District and (h) allY additIonal properties that are wlthll1 the boundanes of Prospect District that the ( it) may annex 111 the future. 5 RatificatIon by LOIll-(s Peak District. Cabela's agrees that upon the fom1atlOl1 of the District, to cause longs Peak District promptly to ratify thIS Agrecment. Such ratification shall have the effect of makmg l.ongs Peak District a pal1y to this .\greement. 6 Temlll1atiol1 of Ihe Jndusion Pr(lceedin~ Promptly ,dler the execution of thiS Agreement by the parties. Prospect will eause Its attorney to notIfy the Cuurt that its Pelilion IlI1der (' R.S. .11' 32-1-3();'(-I! lor the Inclusion H ithin PrlJ.\ped Re"Tl'lIIion ~. ['ork Dislricl of ( 'ala in Lands FO/'lnerh Excluded as Being (i~ed /'rimun[y und ZOllcd lor Agricull1lral r;.w'\' should be dented as moot, and promptly thereafter to furmsh copics of the Ordcr denying that petition to all of the PartIes hereto 7 T em1 ThiS Agreement shall be 111 forcc until tcnninatcd by the agreelTl\:nt of all parties or until tcmnnated by the dissolution of Prospect District. g Several-nhtv. If any proVISIon 111 \h1S Agreement is held to be 1I1\311d or unenforceable on any occasIon or 111 any Circumstance, such holding shall not he deemed to render the provision invalid or unenforceable on any other occasIOn or in any olher ClrCulllstance or 1n render any other prm'lSllln hereof Invalid or unent'orccahk, nnd to that extcnt the prOVIsions of thIs Agreement are severable, proVided, however. that th\s proviSIOn shall not preclude a court uf competent .lUnsdlctlon t'rom refUSIng so to sever any pl'O\ ISllln if' scverance would be incqUllahle to one or more oj' Ihe partlcs. CITY 01, WHf I\T RIDGf: ! I . / 7 Ii) ......_, ;; 1>/ I, /J{.{ /I"'..' I Vl Ma;c;'r. City of Wheat Rlllge ~.. n~ /~ ""\ / ~. f -\ nl-.:-' r DISTRICT PRO,>PHI RFCRFAIION & PARK -!:~ -f d-..~-o( . ....-- .., ~ I L'.'I I, ,~. j 't. LL,) DY -.......... - - "-b---t...,('~ ~ Ct..- - Pnnt Name I Itle I_~ --i...i.. Li>/~_Cc..1. "'- ~ ^S TO FORM 'hie _L~ tS4 2GO b_ C,\BEI \'S RFTi\II ,INC ~ ---'"