Intergovernmental Agreement

Among the Cities of Arvada, Golden, Lakewood, Westminster, and Wheat Ridge, and the County of Jefferson Pertaining to the Housing and Treatment of Juvenile Registered Sex Offenders

This Intergovernmental Agreement is made and entered into by and among the City of Arvada, a Colorado Municipal Corporation, hereinafter referred to as “Arvada”, the City of Golden, a Colorado Municipal Corporation, hereinafter referred to as “Golden”, the City of Lakewood, a Colorado Municipal Corporation, hereinafter referred to as “Lakewood”, the City of Westminster, a Colorado Municipal Corporation, hereinafter referred to as “Westminster”, the City of Wheat Ridge, a Colorado Municipal Corporation, hereinafter referred to as “Wheat Ridge”, (said Cities hereinafter collectively referred to as “cities”) and the County of Jefferson, a Colorado Statutory County, hereinafter referred to as the “county”.

1.0 Recitals and Purpose

1.1 Part 2 of Article 1 of Title 29 of the Colorado Revised Statues, as amended, authorizes and enables governments of the State of Colorado to enter into cooperative agreements or contracts.

1.2 Pursuant to Title 29, Article 20, Colorado Revised Statues, as amended, the General Assembly of the State of Colorado has authorized and encourages local governments to cooperate or contract with other units of government for the purpose of planning and regulating the development of land, including but not limited to, the joint exercise of planning, zoning, subdivision, building, and related regulations.

1.3 Pursuant to Title 29, Article 20, Colorado Revised Statues as amended, the General Assembly of the State of Colorado has found and declared that in order to provide for planned and orderly development within Colorado and a balancing of the basic human needs of a changing population, with legitimate environmental concerns, the policy of the State of Colorado is to clarify and provide broad authority to local governments to plan for and regulate the use of land within their respective jurisdictions.

1.4 Pursuant to Title 29, Article 20, Colorado Revised Statues as amended, the General Assembly of the State of Colorado has designated certain powers to local governments: among them the power to regulate the location of activities and developments which may result in significant changes in population density, the power to provide for phased development of services and facilities, the power to regulate the use of land on the basis of impact on the community and the power to otherwise plan for and regulate the use of land so as to provide planned and orderly use of land and protection of the environment, in a manner consistent with constitutional rights.

1.5 Pursuant to the general police powers retained by both the county and cities, the cities and county have the authority to regulate zoning matters including the regulation and placement of Group Living Quarters as defined herein.

1.6 The cities and county have been involved in lengthy and detailed discussions regarding the land use planning, supervision, and treatment issues related to the housing and treatment of Juvenile Registered Sex Offenders, as Registered Sex Offenders are defined in Section 18-3-412.5 C.R.S. and as Juvenile is defined in Section 19-1-103(68), within Jefferson County.

1.7 The cities and county recognize and agree that the housing and treatment of such Juvenile Registered Sex Offenders is a matter of county-wide interest, requiring the development and implementation of a comprehensive agreement among all of the affected jurisdictions to assure that the housing and treatment of such juveniles balances the health, safety, and welfare of both the individual juveniles and the entire community.

1.8 The Parties agree that the matters herein set forth are reasonable conditions and requirements that will provide necessary and appropriate land use and other regulations and will promote the health, safety, and welfare of both the individual juveniles and the entire community.

1.9 The Parties agree that the creation of a Jefferson County Zoning Compliance Board shall best effectuate the purposes described herein.

1.10 The Parties agree that there exists at least one location in each of the cities and the county that is suitable for the location of a Group Living Quarters for Juvenile Registered Sex Offenders and meets the criteria of Section 2.1, below. By signing this Agreement, each party attests that at least one such site exists within its jurisdiction.

Now Therefore in consideration of the above recitals and of the mutual promises, covenants, and agreements of the parties, Arvada, Golden, Lakewood, Westminster, Wheat Ridge, and Jefferson County hereby agree as follows:

2.0 Zoning Regulations

The parties agree that each jurisdiction will make any and all necessary zoning and land use code revisions to accommodate Group Living Quarters for Juvenile Registered Sex Offenders under the following conditions. The following conditions shall be mandatory for each jurisdiction and applicant. Each jurisdiction shall provide in its zoning and land use regulations that failure of an applicant to adhere to the standards shall result in the property becoming a Zoning Violation within the jurisdiction of the City or the County.

2.1 “Group Living Quarters for Juvenile Registered Sex Offenders” ( "Group Living Quarters"), as defined and conditioned herein, may be permitted in Commercial and Industrial Zone Districts and may be permitted in the Commercial and Industrial components of those Planned Unit Developments (PD, PUD) which include commercial and industrial uses. For purposes of this agreement, Commercial and Industrial zone districts need not include any zone districts intended as office only, where other uses are either not permitted, or are severely limited, unless desired by one of the parties. The process for approving Group Living Quarters applications adopted by each jurisdiction may be either as an administrative process as a Use by Right or by any other process, including a public hearing process. Regardless of the process, the local jurisdiction must approve an application for a Group Living Quarters if the application meets the criteria set forth in this agreement, including criteria which will be no more restrictive than the following:

(a) The Group Living Quarters shall consist of a minimum of one resident and a maximum number of fifteen residents, excluding resident staff.

(b) The Group Living Quarters shall be located no closer than 3,500 feet from another such facility, including facilities located in adjacent cities or counties, in existence at the time of the initial approval.

(c) The Group Living Quarters shall be located no closer than 500 feet from any public or private school or day care center, including schools or day care centers located in adjacent cities or counties, in existence at the time of the initial approval.

(d) The Group Living Quarters shall be located no closer than 500 feet from any adult entertainment use, including adult entertainment uses located in adjacent cities or counties, in existence at the time of the initial approval.

(e) The Group Living Quarters shall be located no closer than 100 feet from any residentially zoned property measured from the exterior wall of the Group Living Quarters to the property line of the residentially zoned property, including residentially zoned property located in a Planned Unit Development, and including residentially zoned property located in adjacent cities or counties, in existence at the time of the initial approval.

(f) Any public or private school or day care center or adult entertainment center or residential structure which locates within the distances set forth in paragraphs 2.1 (b) through (e) to a Group Living Quarters after a Group Living Quarters has opened and received a Certificate of Operation shall not be cause for the facility to have its Certificate of Operation suspended or revoked.

(g) The operator of the Group Living Quarters shall hold a valid license from the Colorado Department of Human Services, and hold a valid Certificate of Operation from the Jefferson County Zoning Compliance Board, and demonstrate compliance with the requirements of this section 2.1 prior to issuance of a building permit or certificate of occupancy for the use and prior to operation of a Group Living Quarters, and at all times thereafter.

(h) The operator of the Group Living Quarters shall have a contract with Jefferson County Department of Social Services for the placement of residents.

(i) For protection of the safety of the public and the safety of the facility inhabitants, the Group Living Quarters' security arrangements must be approved by the jurisdiction's police department. Additionally, the Group Living Quarters shall have a Public Community Involvement Plan and a Security Plan approved by the Board.

(j) The Group Living Quarters shall comply with all standards imposed by the State of Colorado and the participating municipalities and/or county zoning authorities, including any requirement to provide priority to placements by the Jefferson County Department of Social Services.

(k) Permitted uses within the Group Living Quarters may include traditional accessory uses such as accessory storage buildings, swimming pools, food services, treatment and administration facilities, and residential scale recreation facilities for the use of the residents. In addition, the permitted use within the facility may include school facilities for compulsory education up to grade 12 and day treatment not to exceed a total capacity of 2.5 times the number of residents authorized for the facility by the Jefferson County Zoning Compliance Board Certificate of Operation.

(l) The Group Living Quarters shall comply with all standards imposed by the State of Colorado or the Jefferson County Zoning Compliance Board, including any requirement to provide priority to placements by Jefferson County Department of Social Services.

(m) Any person who fits the definition of juvenile registered sex offender shall be treated as a juvenile registered sex offender as set forth within this Agreement, regardless if the person can also be defined as something other than a juvenile registered sex offender.

(n) No person who is a sexually violent predator, as defined by C.R.S. 18-3-414.5, as amended, shall be allowed to reside in a Group Living Quarters.

(o) For the purpose of this Subsection 2.1, the distance between a Group Living Quarters and another Group Living Quarters, a public or private school or day care center, an adult entertainment use or a residentially zoned property, shall be measured in a straight line, without regard to intervening structures, objects or City or County limits, from the closest exterior wall of the structure of the Group Living Quarters to the property line of the lot utilizing such uses.

2.2 (a) This Agreement shall become effective when signed by all Parties, subject to the conditions set forth in paragraph 2.2(b). Jefferson County must sign this Agreement prior to the signing of any other Parties.

(b) The parties intend that the zoning and land use code amendments described herein shall not become effective in any participating jurisdiction until such revisions meeting the above requirements are adopted in all participating jurisdictions. Accordingly, the parties agree to present such land use changes to the respective City Councils and Board of County Commissioners for action no later than ___________, 2002 and becoming effective no later than _____________, 2002. In the event an initiative or referendum or other event or process results in the repeal of said ordinance in any of the Parties' jurisdictions, the Parties to this agreement shall have the right to declare this Agreement null and void. It is the intent of the parties that this Intergovernmental Agreement shall be effective only if all parties have and maintain the same regulations in effect within their jurisdictions.

2.3 “Group Living Quarters for Juvenile Registered Sex Offenders” shall be defined as:

A structure, other than a one-household dwelling unit, duplex, hotel, or motel, designed and operated for the purpose of housing unrelated or related and unrelated individuals, where centralized provision of meals and educational and treatment services, administrative facilities, and individual or group sleeping accommodations are included.

The facility shall be licensed by the State of Colorado, housing juvenile registered sex offenders who have been determined to be delinquent, who have been sentenced, referred or otherwise placed in the facility as a condition of their sentence or court order.

2.4 At the option of Arvada and Westminster, this Agreement may apply only to those portions of Arvada and Westminster which are located within the boundaries of Jefferson County.

2.5 It is the intent of this Agreement that Jefferson County shall have a first placement option of placing juvenile registered sex offenders in Group Living Quarters. It is the intent of this Agreement that the primary benefit of the Agreement is to the residents of Jefferson County through the Jefferson County Department of Human Services

2.6 This Agreement establishes the status of each Party to the Agreement and the Jefferson County Zoning Compliance Board as an aggrieved party within the meaning of C.R.C.P 106(a). Each Party and the Jefferson County Zoning Compliance Board shall have the right to challenge the decision of a Party to this Agreement which decision denies the application for a Group Living Quarters.

3.0 Jefferson County Zoning Compliance Board

3.1 The Parties agree that it is necessary and desirable to establish an effective, accountable, and comprehensive inter-jurisdictional board to promote the appropriate operation and staffing of Group Living Quarters for Juvenile Registered Sex Offenders in Jefferson County, to monitor said Group Living Quarters for compliance with requirements and standards imposed by the State of Colorado and the jurisdictions which are parties to this Agreement, and to develop, implement, and enforce County-wide standards and guidelines for housing and supervision of Juvenile Sex Offenders. The Jefferson County Zoning Compliance Board shall serve the residents of Jefferson County in the housing of non-violent juvenile registered sex offenders and in determining the most effective and safe manner in which to disperse facilities for such offenders throughout the County. In order to assure that such oversight occurs at an effective level, the Parties agree to cooperate in the establishment of the Jefferson County Zoning Compliance Board.

3.2 Pursuant to C.R.S. 29-1-203, there is hereby created the Jefferson County Zoning Compliance Board (hereinafter "Board") which shall be constituted and have powers as described below:

(a) The Board is comprised of seven members, consisting of one appointee each from the cities and two from Jefferson County. Initial terms to the Board will be arranged so as to have staggered two year terms for Board members, such that there is continuity on the Board over time. There shall be no limit on the number of terms to be served by an individual. The Board is authorized to appoint additional “ex-officio” members as deemed necessary.

(b) In the event that any member is unable to serve out his term, the member's city or county may appoint another representative to serve out the remainder of the unexpired term.

(d) The Board shall set reasonable standards for operation of Group Living Quarters to ensure safety, security and community compatibility, a Plan for Community Involvement, and ways to handle or refer complaints regarding compliance with zoning standards and requirements of the Colorado Department of Human Services and other applicable requirements.

(e) The Board shall establish procedures for the issuance and review, suspension, and revocation of Certificates of Operation for affected Group Living Quarters in Jefferson County. Certificates of Operation shall be valid upon compliance with any conditions of approval and shall remain in effect until abandoned by the operator or suspended or revoked by the Board. Grounds for suspension or revocation shall include, but not be limited to, failure to correct violations of County-wide standards and requirements set by the Board, and revocation of the license issued by the Colorado Department of Human Services.

(f) The Board shall establish standards and procedures for annual or as needed review of Group Living Quarters for compliance with County-wide standards and requirements, and for the purposes of advising the Colorado Department of Human Services of suspected violations of state standards and requirements. Board review may be initiated by complaint from an individual or jurisdiction, or through the annual or special review and monitoring of all Group Living Quarters in the County.

(g) The Board will review applications from operators licensed by the Colorado Department of Human Services for Certificates of Operation for individual Group Living Quarters on a first come first served basis. A separate application shall be required from each Group Living Quarters. Certificates of Operation will not be transferable from one operator to another or from one location to another. Certificates of Operation must be issued prior to local land use approval from a city or county.

(h) The Board shall adopt by-laws relating to the proper functioning of Board meetings and activities.

(i) The Group Living Quarters shall comply with all standards imposed by the State of Colorado or the Board, including any requirement to provide priority to placements by the Jefferson County Department of Social Services.

(j) Any person who fits the definition of juvenile registered sex offender shall be treated as a juvenile registered sex offender as set forth within this Agreement, regardless if the person can also be defined as something other than a juvenile registered sex offender.

4.0 Limitation on Group Living Quarters

The Board shall set a maximum number of beds for Juvenile Registered Sex Offenders to be permitted within the County, based upon a reasonable expectation of demand for Jefferson County residents, and limit approvals of new Group Living Quarters based upon this limitation. The Board shall limit approvals in any one jurisdiction which is a party to this agreement, such that no jurisdiction other than unincorporated Jefferson County shall be required to accept a second Group Living Quarters until each of the five municipal jurisdictions party to this agreement have at least one such Group Living Quarters located in their jurisdiction. No Party to this Agreement is required to have more than two Group Living Quarters within its jurisdiction. No municipality which is a party to this agreement is required to accept one Group Living Quarters in its jurisdiction until the County has accepted one such facility.

Those group homes or facilities housing juvenile registered sex offenders which currently exist within a Party's jurisdiction shall be credited toward the total number of Group Living Quarters which exist in each Party's jurisdiction.

No Group Living Quarters shall be located within 1,500 feet of the boundary of any jurisdiction without the written consent of the adjacent jurisdiction. When the jurisdiction within which the Group Living Quarters is located receives an application for a group Living Quarters which will be located within 1,500 feet of its boundary, the jurisdiction shall provide written notification of the application to the adjacent jurisdiction.

5.0 Enforcement

This agreement is enforceable pursuant to the provisions of Section 29-20-105(g), as amended, of the Colorado Revised Statutes and as set forth in paragraph 2.6 of this agreement.

6.0 General

6.1 Notices

Notice shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth below, or at such other address as has been previously furnished in writing, to the other party or parties. Such notice shall be deemed to have been given when deposited for delivery by the United States Postal Service.

If to Golden: City Manager

City of Golden

911 Tenth Street

Golden, CO 80401

If to Lakewood: City Manager

City of Lakewood

480 S. Allison Parkway

Lakewood, CO 80226

If to Arvada: City Manager

City of Arvada

8101 Ralston Road

Box 8101

Arvada, CO 80001

If to Westminster: City Manager

City of Westminster

4800 W. 92^nd Ave.

Westminster, CO 80031

If to Wheat Ridge: City Manager

City of Wheat Ridge

7500 W. 29^th Ave.

Wheat Ridge, CO 80215

If to Jefferson County: County Administrator

Jefferson County

100 Jefferson County Parkway

Golden, CO 80419

6.2 Severability

If one or more provisions of this Agreement should be invalid, illegal or unenforceable in any respect, the remaining provisions contained herein shall not in any way be affected or impaired thereby, provided that the remaining provisions are not determined to be significantly impacted by the excluded provisions. If any party determines that such significant impact has occurred then the parties agree to mutually resolve the issues in good faith, using the intent of such excluded provision as a statement of intent.

6.3 Instruments of Further Assurance

The parties covenant that they will do, execute, acknowledge and deliver or cause to be done, executed, acknowledged, and delivered such acts, instruments and transfers as may reasonably be required for the performance of their obligations hereunder.

6.4 Assignment

No transfer or assignment of this Agreement or of any rights herein or hereunder shall be made by any party without the prior written consent of the others.

6.5 Binding Effect

This Agreement shall inure to the benefit of, and be binding upon, the parties, their respective legal representatives, successors, heirs, and assigns.

6.6 Waiver of Breach

A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party.

6.7 Effective Date and Term

The effective date of this Agreement shall be the date that this Agreement is recorded by the Clerk and Recorder for Jefferson County, Colorado. This Agreement shall remain effective, unless mutually voided by all parties in writing.

6.7 Recording

This Agreement shall be recorded with the Clerk and Recorder at Jefferson County, Colorado, within 10 days after signature by all Parties.

6.9 Governmental Authority

The Parties shall comply with any and all valid County, State and Federal laws covering the subject of this Agreement and any and all valid orders, regulations or licenses issues pursuant to any Federal or State law governing the subject of this Agreement.

6.10 Benefit of the Parties

This Agreement is solely for the benefit of the Parties hereto and no third party shall be entitled to claim or enforce any rights hereunder except as specifically provided herein.

6.11 Entire Agreement

This Agreement contains the entire agreement between the parties and shall not be amended or modified in any manner without such amendment or modification being agreed to and executed in writing by the necessary Parties. The Agreement may be amended by the vote of two-thirds of those parties responding to the request for amendment.

6.12 Counterparts

This Agreement may be signed in counterparts and each Agreement shall be deemed an original and all the Agreements taken as a whole shall constitute one and the same instrument.

6.13 Termination

ATTEST: APPROVED AS TO FORM:

By: By:

County Clerk County Attorney