HomeMy WebLinkAboutResolution-1992-1291
RESOLUTION NO.
1291
SERIES OF 1992
TITLE:
A RESOLUTION OF THE CITY OF WHEAT RIDGE AMENDING THE
WHEAT RIDGE TOWN CENTER PROJECT URBAN RENEWAL PLAN, AS
ADOPTED BY RESOLUTION 1053, SERIES OF 1987.
WHEREAS, the City Council of the City of Wheat Ridge has
adopted Resolution 1053, Series of 1987, approving the Wheat Ridge
Town Center project Urban Renewal Plan;
WHEREAS, the city Council of the City of Wheat Ridge has
determined that the most expeditious and proper manner of obtaining
the results called for in said Urban Renewal Plan shall result from
enactment of certain nonsubstantial amendments of said Urban
Renewal Plan;
WHEREAS, the City Council of the City of Wheat Ridge, at a
public hearing held on this date of May 11, 1992, has considered
the amendments proposed herein, all of which nonsubstantial
amendments relate to powers possessed by, and/or which are able to
be utilized by the Economic Development and Revitalization
Commission (EDARC) of the City of Wheat Ridge;
WHEREAS, the City Council of the City of Wheat Ridge, in
enacting the nonsubstantial amendments set forth herein, hereby
reaffirms those Findings of Fact set forth in Resolution 756,
Series of 1981, Ordinance 467, Series of 1981, and Resolution 1053,
Series of 1987, all of which have been previously adopted by the
Wheat Ridge city Council;
WHEREAS, the City Council of the City of Wheat Ridge states
its intent in adopting this Resolution is solely to regulate the
utilization of powers possessed by EDARC, and to provide for
coordinated use thereof, and not to render EDARC or the City
Council incapable of fulfilling the goals and objectives set forth
in the previously approved, and hereby amended, Urban Renewal Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Wheat Ridge, Colorado, as follows:
1. The Wheat Ridge Town Center Project Urban Renewal Plan,
as adopted on December 14, 1981, by Resolution 756, Series of 1981,
and as modified on October 12, 1987 in Resolution 1053, Series
of 1987, is hereby amended as follows:
A.
Activity;
reenacted
Section IV.E.1, Urban Renewal Plan; Project
Powers of the Authority, is hereby repealed and
as follows:
"Except as provided, or as limited, herein, the
Economic Development and Revitalization Commission shall
have all of the powers granted to an urban renewal
authority under the provisions of the Urban Renewal Law
of the state of Colorado, Part I of Article 25 of
Title 31, Colorado Revised statutes.
Notwithstanding the foregoing, EDARC shall exercise
each or any of the powers set forth in this
section IV.E., Subsections 1 through 6 inclusive, only
upon the prior approval by a majority of those members
of the Wheat Ridge City council present and voting at a
regular or special city council meeting."
B. section IV. F. ,
Financing, hereby amended
introductory statement:
Urban Renewal Plans; proj ect
by the addition of the following
"F. Project Financing. Subject to prior approval
by the majority of those members of the Wheat Ridge City
Council present and voting at a regular or special city
council meeting, EDARC may utilize any, all, or a
combination of the following financing mechanisms in
implementing the Project as herein defined: . . ."
C. until the effective date of abolishment of
EDARC, no tax increment or other funds in the possession
of EDARC shall be expended or otherwise distributed
except upon proj ects , or pursuant to contracts, or
pursuant to budgets, which have been approved by a
majority of the members of the Wheat Ridge City Council
present and voting at a regular or special city council
meeting.
2. Except as amended herein, the provisions of the Wheat
Ridge Town Center project Urban Renewal Plan adopted by
Resolution 1053, Series of 1987, shall remain in full force and
effect without amendment, the same being specifically ratified and
affirmed hereby.
DONE AND RESOLVED this 11th day of
Mav
, 1992.
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ATTEST: I
/
Wanda
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INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT made and executed this
14th day of 1111 y , 1992, by and between the
city of Wheat Ridge, Colorado, a Colorado home rule municipal
corporation (hereinafter referred to as the "city") and the Wheat
Ridge Economic Development and Revitalization Commission, an urban
renewal authority lawfully organized, authorized and existing
pursuant to the Colorado Urban Renewal Law (hereinafter referred
to as "EDARC").
WHEREAS, the City Council of the City of Wheat Ridge,
Colorado, by the adoption of Ordinance No. 467, Series of 1981,
established an Urban Renewal Authority within the City of Wheat
Ridge, which Urban Renewal Authority is known as EDARC;
WHEREAS, the City Council of the City
Colorado, by the adoption of Resolution No.
adopted an Urban Renewal Plan for the Wadsworth
is also known as the Wheat Ridge Town Center;
of Wheat Ridge,
756, Series 1981,
Town Center which
WHEREAS, said Wheat Ridge
been modified by Resolution
Resolution No. 1291, Series of
Town Center
No. 1053,
1992 ;
Urban Renewal Plan has
Series of 1987, and
WHEREAS, it is the intent of the parties that the City sales
tax generated by any project within the Wadsworth Town Center shall
be dispersed according to an amended Urban Renewal Plan which may
provide that no sales tax increment is captured;
WHEREAS, the City and EDARC wish to set forth in full their
agreement and understanding regarding the level of cooperation to
be exercised by the respective entities in the completion and
fulfillment of the goals, objectives, and projects of the Wheat
Ridge Town Center Urban Renewal Plan, as amended.
NOW THEREFORE, the parties, for themselves, their heirs,
successors, and assigns, do hereby covenant and agree as follows:
1. EDARC acknowledges that, pursuant to the Colorado Urban
Renewal Law, the City of Wheat Ridge possesses the authority to
adopt, and thereafter amend in compliance with the Colorado Urban
Renewal Law, an Urban Renewal Plan, which Plan shall govern the
activities which EDARC may lawfully undertake.
2. EDARC specifically agrees that it shall continue all of
its efforts, in cooperation with the Mayor and city Administrator
of the City, to negotiate a redevelopment plan for the Wheat Ridge
Town Center. To that end, the parties acknowledge that the
coordinated negotiation of redevelopment agreements and property
acquisitions within said Urban Renewal Area is necessary to protect
the interests of the city, EDARC, and the residents of the city.
In order to facilitate a coordinated approach to working with
development interests, the parties agree that a negotiating
oversight committee shall be designated, which negotiating
oversight committee shall include the Mayor and a city Council
member as the representatives of the City, and such representatives
from EDARC as shall be appointed by EDARC. All information
disclosed to such committee shall, to the extent the same may be
lawfully so treated, be confidential.
3. During the term of this Intergovernmental Agreement,
EOARC agrees that it shall:
(a)
incur no indebtedness;
(b)
obligations or
of any sort or
not issue, or contract to agree to issue, any bonds,
enter into other obligating financial arrangements
description whatsoever; and
(c) not expend any tax increment or other funds in its
possession, or which may come into its possession, nor shall such
funds be otherwise distributed
except in compliance with the Colorado Urban Renewal Law, and
except upon projects, or pursuant to contracts, or pursuant to
budgets, which have been approved by a majority of the members of
the Wheat Ridge City Council present and voting at a regular or
special City Council Meeting. Council's approval of EDARC's annual
budget and amendments thereto shall be in a manner similar to
Council's approval of the budgets of City departments.
4. EDARC and the city specifically agree to jointly develop,
on or before July 31, 1992, a list of projects and project
elements, all contained within and authorized by the approved Urban
Renewal Plan, upon which tax increment and other funds in the
possession of EDARC may be expended, which elements might include,
without limitation and without guarantee or expectancy that the
following might be ultimately agreed upon, construction of
acceleration/deceleration lanes as called for in the approved plan,
possible purchase of identified properties within the approved
Urban Renewal Area.
5. EOARC agrees that it shall not exercise, or attempt to
exercise, the power of eminent domain for urban renewal projects
unless said exercise of eminent domain has been approved by the
City Council. Such approval to utilize the powers of eminent
domain shall include a designation of the property, or interest in
such property, which is sought to be acquired. To the extent
permitted by the city's home rule Charter, and until final action
is authorized, any information disclosed regarding the exercise,
or attempt to exercise, the power of eminent domain shall be
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confidential and only discussed in an executive session of EDARC
or city Council.
6. The parties specifically acknowledge that all monies
currently in possession of EDARC, and all monies which shall come
into the possession of EOARC hereafter, shall be spent in strict
compliance with the provisions of paragraphs 3, 4, 7 and 10 of this
Intergovernmental Agreement, and in compliance with the Colorado
Urban Renewal Law.
7. Pursuant to the provisions of Article IX of the
Cooperation Agreement between the parties of October 26, 1987,
EDARC hereby agrees to reimburse the city in the amount of
$90,000.00 at the time of execution of this Intergovernmental
Agreement. EDARC agrees to pay annually any additional accrued
amount pursuant to the Cooperation Agreement.
8. The city agrees to appoint a city official, which City
official shall be nominated by the Mayor and ratified by a majority
of those members of the City Council of Wheat Ridge present and
voting, which member shall serve as an ex-officio member of EDARC.
9. EDARC agrees that it shall exercise each or any of the
powers set forth in section IV.E., subsection 1 through 6
inclusive, of the Wheat Ridge Town Center Project Urban Renewal
Plan, as amended, only upon the prior approval of a majority of
those members of the Wheat Ridge city council present and voting
at a regular or special city Council Meeting.
10. The parties agree that EDARC shall advise the City
Council no less than bimonthly (i.e. August 1, 1992; October 1,
1992, etc.) of its activities and of the status of negotiations
regarding potential redevelopment of the Wadsworth Town Center,
City council, without waiving any of its powers under C.R.S. 31-
25-115, agrees to review the status of EDARC at those times;
provided, however, that EDARC may, prior to said date, petition the
city Council to abolish EDARC pursuant to the Colorado Urban
Renewal Law if, in EDARC's good faith opinion, utilization of
EDARC's powers is either unnecessary or not likely to be required
in completion of such redevelopment. Any abolishment of EDARC
shall be accomplished in strict compliance with the provision of
C.R.S. 31-25-115. Upon City council's action which commences the
abolishment of EOARC, EOARC may incur winding-up costs (which may
include, without limitation, fees and costs for audits, final
publication requirements, administrative costs and salaries, etc.)
and pay all just debts which may include monies held by EOARC
pursuant to contracts with either the City or private parties.
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11. The City Council agrees that it shall adopt a Resolution
adopting the provisions agreed to herein as an amendment to the
Urban Renewal Plan, which Resolution shall supersede
Resolution 1291, Series of 1992.
THE CITY OF WHEAT RIDGE
COLORADO
EDARC ~
BYJO~~W' Chair
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