IGA; Boulder County; Boulder County Comprehensive Plan; Exp 12/31/2017 BOULDER VALLEY
COMPREHENSIVE DEVELOPMENT PLAN
INTERGOVERNMENTALAGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT ("Intergovernmental Agreement") by and between
the City of Boulder, a,Colorado home-rule municipal corporation ("Boulder" or "City"), and the County-of
Boulder, a body politic and corporate of the State of Colorado ("County" or "Boulder-County") is made to be
effective on the Effective-Date as defined on the signature page of this Intergovernmental Agreement. The City
and the County are collectively referred to in this Intergovernmental Agreement as the "Parties,"
WITNESSETH
WHEREAS, § 29-20-101 et seq., C.R.S. as amended, authorizes-the Parties to enter into intergovern-
mental agreements to plan for and regulate land uses in order to minimize the negative impacts on the surround-
- ing areas and protect the environment, and specifically authorizes local (i.e., town and county) governments to
cooperate and contract with each"other for the purposes of planning and. regulating the development of land by
means of a "comprehensive development plan;" and
WHEREAS, the"County is the ultimate governmental authority with regard to land use control and devel-
opment in the unincorporated areas of the County, which areas include the Boulder Valley, as defined in the
attachment hereto; and
WHEREAS, the City is the only significant potential source of adequate urban facilities and services
required for the orderly urban development of the Boulder Valley, where desired; and .
WHEREAS, pursuant to §§30-28-106, -108 'and.-110, C.R.S., as amended, the County Planning
Commission and the Board of County Commissioners have made and adopted,a master plan for the physical
development of the miincorporated area of the County,, the Boulder" County Comprehensive Plan; and
. WHEREAS, pursuant to §31-23-202, C.R.S., as amended, the Boulder Planning Board and the Boulder
- City Council have".adopted the' goals, policies, programs and supportive data of the Boulder Valley
Comprehensive Plan; and
WHEREAS, pursuant to §30-28-106(2)(a), C.R.S., as amended, the master plan shall not be effective
within the boundaries of any incorporated municipality within the region unless such plan is adopted by the, gov-
erring body of the municipality; and
WHEREAS, §31-23-106, C.R.S.; as amended,. requires the approval of the Boulder, Valley
Comprehensive Plan, as it relates to unincorporated areas of Boulder County, by the Boulder County Planning
.Commission and the Boulder County Board of County Commissioners; and
WHEREAS, in order to ensure that the unique and individual character of Boulder and of the coral area
within Boulder County outside the Areas I and II of the Boulder Valley Comprehensive Plan (hereinafter the
"BVCP") are preserved, the Parties believe that a comprehensive development plan which recognizes the area of
potential urbanization within the BVCP which would not be interrupted by Boulder County open space, accom-
panied by a cominitment by Boulder for the preservation of the rural character of lands surrounding Areas I and
II within the Boulder Valley and Boulder County, is in the best interest of the citizens of each of th8 Parties; and
WHEREAS, the Parties acknowledge that this Intergovernmental Agreement may control or limit the
136 Boulder Valley Comprehensive Plan • Boulder(olorada
County's authority over some properties within the County's jurisdiction'but that such control or limitation is jus-
tified due to the fact that such properties are currently served by City-owned municipal utilities; are bound by
service agreements between the property owners and the City, and/or such properties are located within areas spe-
dally affecting the City's interests, including but not limited to entry corridors and areas of special impact upon
Ciry resources; and
WHEREAS, the Parties find that providing for the area outside Areas I and II of the Boulder' Valley
Comprehensive Plan within Boulder County to remain as rural in character through the term of this
Intergovernmental Agreement for the purpose of preserving a community buffer through the limitation of annex-
ation by Boulder serves the economic and civic interest of their citizens and meets the goals of the Boulder
County Comprehensive Plan; and
WHEREAS, consistent with the municipal annexation, utility services, and land use laws of the State of
Colorado, this Intergovernmental Agreement including, specifically, the annexation and open space portions
hereof, is intended to encourage the natural and well-ordered future development of each Party; to promote
planned and orderly growth in the affected areas; to distribute fairly and equitably the costs of government ser-
vices among those persons who benefit therefrom, to extend godernment services and facilities to the affected
areas in a logical fashion; to simplify providing utility services to the affected areas, to simplify the governmen-
tal structure of the affected areas, to reduce and avoid, where possible, friction between the Parties and to pro-
mote the economic viability of the Parties; and
WHEREAS, the functions described in this IntergovernmentalAgreement are lawfully authorized to each
of the Parties, which perform such functions hereunder, as provided in Article XX, §6 of the Colorado
Consttution, and Article 20 of Title 29; Part 1 of Article 28 of Title 30; Part 1 of Article 12 of Title 31; and Parts
2 and 3 ofArticle 23 of Title 31, C.R.S., as amended; and
WHEREAS, § 29-1-201, et seq., C.R.S., as amended, authorizes the Parties to cooperate and contract
with one another with respect to functions lawfully authorized to each of the Parties, and the people of the State
of Colorado have encouraged such cooperation and. contracting through the adoption of Colorado Constitution,
Article XIV, § 18(2}; and
WHEREAS, the Parties have each held hearings after proper public notice for the consideration of enter-
ing into this Intergovernmental Agreement and the adoption of a comprehensive development plan for the
Boulder Valley; and
WHEREAS, the Parties desire to enter into this Intergovernmental Agreement in order to plan for the use -
of the lands within the Boulder Valley through joint adoption of a mutually binding and enforceable compre-
hensive development plan.
NOW THEREFORE, in consideration of the above and the mutual covenants and commitments made
herein, the Parties agree as follows:
1.0 BOULDER VALLEY COMPREHENSIVE DEVELOPMENT PLAN.
This Intergovernmental Agreement, including the Boulder Valley Comprehensive Plan text and Map
attached to this Intergovernmental Agreement. as Exhibit A, is hereby adopted by the Parties as a com-
prehensive development plan as provided in §29-20-105, C.R.S., to be known as the "Boulder Valley
Comprehensive Plan" (hereinafter "the Plan.") The Plan shall govern and control the Plan Area as shown
on Exhibit A, or as subsequently amended in accordance with the Plan's provisions.
Boulder Valley Comprehensive Plan • Boulder (alorado 131
2.0 CONSISTENCY WITH BVCP IN PLANNING, ZONING, AND OTHER LAND USE REGULA-
TIONSAND ACTIONS REQUIRED.
The City and the County, respectively, within their constitutional and statutory geographic jurisdictions,
shall exercise their planning, zoning, subdivision; building and related land use regulatory functions con-
sistent with the plans-and policies of the Plan, to the end of attaining the goals and objectives of the Plan.
3.0 COMPLIANCE WITH BVCP FOR ANNEXATIONS REQUIRED.
- The City shall exercise its annexation policies and capital improvements plan consistent with the plans
and policies of the Plan, to the end of attaining the goals and. objectives of the Plan.
4.0 TERM, FIVE-YEAR PLAN REVIEWS AND UPDATES.
This Intergovernmental Agreement shall extend through December 31, 2017. The City and the County
agree that the Plan will be reviewed at least every five years for possible amendments to reflect changes
in circumstances and community desires. This Agreement shall extend to all revisions and amendments
of the Plan that are jointly approved from time to time by the City. and the County. Each Party agrees
that in connection with this five-year review, it will hold a duly noticed public hearing for the purpase of
determining, inter alia, if the term of this Agreement shall be extended an additional five (5) years from
the date of termination then in effect. Notices of the hearing and subsequent action of each Party shall
be sent to each of the other Parties.
5.0 ,PRESERVATION OF LEGISLATIVE DISCRETION. i
It is recognized that all provisions of the Boulder Valley Comprehenside Plan that require appropriation
of public funds are qualified by the availability of appropriations for those purposes, and the legislative
discretion inherent in the appropriation process is not limited by the adoption of the Plan.
6.0 SEVERABILITY.
If any portion of this Plan is held by a court in a final, non-appealable decision to be per se invalid or
unenforceable as to any Party, the entire Agreement and the Plan shall be terminated, it being the under- -
standing and intent of the Parties that every portion of the Agreement and Plan is essential to and not sev-
erable from the remainder.
7.0 BENEFICIARIES.
The Parties, in their corporate and representative governmental capacities, are the only entities intended
to be the beneficiaries of the Agreement and the Plan, and no other person or entity is so intended or may
bring -any action, including a derivative action, to enforce the Agreement or the Plan.
8.0 "ENFORCEMENT.
Either of the Parties may enforce this Agreement by any legal or equitable means including-specific per-
fonnance, declaratory and injunctive relief. No other person or entity shall have any right to enforce the
provisions of this Agreement or the Plan.
9.0 DEFENSE OF CLAIMS. I
If any person allegedly aggrieved by any provision of the Plan and who is not a Party to the Plan should
138 Boulder Valley Comprehensive Plan • Boulder Colorado
sue any Parry concerning such Plan provision, all Parties shall be notified promptly by any party served;
any Parry served shall, and any other Party may, defend such claim. Defense costs shall be paid by the
Party providing such defense.
' 10.0 GOVERNING LAW AND VENUE.
This Agreement shall be governed by the laws of the State of Colorado, and venue shall lie in the County
of Boulder. .
-THIS. AGREEMENT is made and entered into to be effective on the later of the dates of approval by the
City ofBoulder or Boulder County (the "Effective Date").
CI7"Y OF BOULDER -
By: r+°`.`'", S Date; ~•''1,S t~
William lt,. Toor, Mayor
ATTEST: APPROVED, A~ TO FORM:
C,itY Cler an behalf t7f the Joseph N. de Rai mes; II.1, City Attozxaey
Directax of Finance and Record
COUT'I'Y 4F BOULDER
BOARD OF COUNTY COMMISSIONERS
Pay: t ~ Date: ~ c '7
f,
L. ~endec, Chair
ATTE ' APPROVED AS TO FORl4f:
Clerk to the Board ttontey
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BoulderValley Comprehensive Plan • Boulder Colorado 139