HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/19/1999 - RESOLUTION 99-10 APPROVING THE EXECUTION OF AN AGR AGENDA ITEM SUMMARY ITEM NUMBER: 22
DATE: January 19, 1999
• FORT COLLINS CITY COUNCIL STAFF: Deryle O'Dell
SUBJECT:
Resolution 99-10 Approving the Execution of an Agreement Pertaining to the Larimer Emergency
Telephone Authority.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY:
On November 4, 1998,the LETA Board of Directors approved an agreement to modify and amend
the Intergovernmental Agreement dated November 14, 1990. In summary,the agreement to modify
and amend accomplishes the following:
• 1. Adds the Windsor-Severance Fire Protection District as a signatory to the IGA with regard
to those portions of Larimer County served by that District. This will not change the
structure of the Board but will simply provide that the Windsor-Severance Fire Protection i
District will have representation on the Board through the member designated in the IGA as
the representative for all fire districts.
2. Includes Colorado State University within LETA. Again, there will be no change in the
structure of the LETA Board,since CSU will be represented on the Board by the designated
member from the City of Fort Collins.
3. Sets forth a change that makes all definitions in the IGA consistent with the Colorado
statutes defining emergency telephone service.
4. Reflects the changes in Colorado law with regard to emergency telephone services made
since November 14, 1990,when the IGA was originally adopted. This makes the powers of
LETA consistent with the legislative declaration with regard to emergency telephone
authorities.
5. Sets forth a change concerning LETA's budget. Since its inception,LETA's budget has been
included within the overall budget of Larimer County. Beginning in 1999, LETA's funds
will be managed separately from the County. Accordingly,LETA will be required to comply
• with state law with regard to submission and approval of its budget.
6. Reflects simplification of the "Funds and Operations" portion of the IGA, since Larimer
County is no longer involved with LETA's finances.
• RESOLUTION 99-10
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE EXECUTION OF AN AGREEMENT PERTAINING TO
THE LARIMER EMERGENCY TELEPHONE AUTHORITY
WHEREAS, on November 14, 1990, pursuant to the provisions of state statute, the City
Council authorized the execution of an intergovernmental agreement(the"Agreement")with various
other governmental entities pertaining to the Larimer Emergency Telephone Authority("LETA");
and
WHEREAS, the parties to the Agreement wish to modify and amend the same in certain-
respects so as to:
• add the Windsor-Severence Fire Protection District as a signatory thereof,
• include Colorado State University within LETA;
• revise certain definitions in the Agreement to be consistent with the Colorado statutes
defining emergency telephone service;
• reflect certain changes in Colorado law with regard to emergency telephone services;
• provide for the separate management of LETA funds, in accordance with state law;
and
• simplify the "Funds and Operations" portion of the Agreement; and
WHEREAS,the City Council believes that the foregoing changes are in the best interests of
the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the "Agreement to Modify and Amend Intergovernmental Agreement Concerning
the Implementation of an`E-911'Emergency Telephone Service,"a copy of which is attached hereto
as Exhibit"A"and incorporated herein by this reference,is hereby approved by the Council,subject
to such changes in form or substance as the City Manager may, in consultation with the City
Attorney, consider to be necessary to effectuate the purposes of this Resolution.
Passed and adopted at a regular meeting of the City Council held this 19th day of January,
A.D. 1999.
Mayor
ATTEST:
City Clerk
AGREEMENT TO MODIFY AND AMEND
INTERGOVERNMENTAL AGREEMENT
CONCERNING THE IM[PLEMENTATION OF AN
,,E911" EMERGENCY TELEPHONE SERVICE
THIS AGREEMENT is made and entered into this day of
19_, by and between the signatories to that certain Intergovernmental Agreement Concerning
the Implementation of an "E911" Emergency Telephone Service.
WITNESSETH:
WHEREAS, the parties hereto are signatories to that certain Intergovernmental Agreement
dated November 14, 1990; and
WHEREAS, since the date of the adoption of that Intergovernmental Agreement, Colorado
law enabling the creation of emergency telephone authorities has been modified requiring the
amendment of the Intergovernmental Agreement dated November 14, 1990; and
• WHEREAS, the practical operation of the authority since November 14, 1990, further
dictates that the Intergovernmental Agreement be modified;
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
HEREINAFTER SET FORTH, THE PARTIES AGREE AS FOLLOWS:
1. Windsor-Severance Fire Protection District. Windsor-Severance Fire Protection
District, a Colorado special district headquartered in Windsor, Colorado, provides fire protection
services to portions of Weld and Latimer Counties. The Windsor-Severance Fire Protection
District has petitioned for inclusion in the Larimer Emergency Telephone Authority for those
areas of Larimer County wherein the Windsor-Severance Fire Protection District provides
services. By the terms hereof, the Windsor-Severance Fire Protection District shall become a
signatory of the Intergovernmental Agreement and shall be represented on the Larimer Emergency
Telephone Authority Board through the member designated in paragraph III.C.3 of the
Intergovernmental Agreement, providing for one member of the Board to be selected from all fire
districts which are signatories to the Intergovernmental Agreement.
Page 1 of 7
2. Colorado State University. Colorado State University is a governmental entity
located in the City of Fort Collins, Larimer County, Colorado. Colorado State University
maintains a public service answering point (PSAP) which works in conjunction and cooperation
with the other PSAPs currently operating in Larimer County. Colorado State University has
petitioned for inclusion in the Larimer Emergency Telephone Authority. By the terms hereof,
Colorado State University is accepted as a signatory to the Intergovernmental Agreement dated
November 14, 1990, shall be considered part of the City of Fort Collins, and, pursuant to
paragraph III.C.1 of the Intergovernmental Agreement, shall be represented on the Larimer
Emergency Telephone Authority Board by the board member from the City of Fort Collins.
3. Definitions. Paragraph LA of "I - DEFINITIONS" in the Intergovernmental
Agreement dated November 14, 1999, shall be amended as follows:
A. The definitions for all terms as used in this Intergovernmental Agreement
shall be the same as the definitions provided for those terms in Section 29-11-101, et seq.,
C.R.S.
4. Powers of the Authority. Paragraph "V - POWERS OF AUTHORITY" of the
Intergovernmental Agreement dated November 14, 1990, shall be amended as follows:
A. The Authority is empowered to contract for the installation and operation
of emergency telephone services in Larimer County. The Authority shall defray all costs
by collecting emergency telephone charges as authorized by and in accordance with
Article 11 of Title 29, Colorado Revised Statutes. Collection and expenditure of funds
shall be limited by the provisions of Article 11 of Title 29, Colorado Revised Statutes.
Any funds remaining in the accounts of the Authority at year-end shall be carried
over to the next succeeding year for the purposes authorized by this Intergovernmental
Agreement and Article 11 of Title 29, Colorado Revised Statutes.
B. In addition, the Authority may sue and be sued and do any other act as
may be reasonable and necessary for the provision of emergency telephone services and
the continued operation of said services.
Page 2 of 7
5. Budget. Paragraph "VII - BUDGET AND OPERATING COSTS" of the
Intergovernmental Agreement dated November 14, 1990, shall be amended as follows:
VII - BUDGET
In accordance with Article 1 of Title 29, Colorado Revised Statutes, the Authority
shall annually prepare a budget and submit said budget to the Board of Directors
of the Authority for approval. Upon its approval by the Board of Directors, copies of
the budget shall be distributed to each signatory.
6. Funds and Operations. Paragraph "VIII - FUNDS AND OPERATIONS" of the
Intergovernmental Agreement dated November 14, 1990, shall be amended as follows:
A. No disbursement shall be made from the funds of the Authority unless a
verified claim for services or commodities actually rendered has been submitted and has
been processed in accordance with the bylaws of the Authority.
B. The Authority shall not borrow money nor shall it approve any claims or
incur any obligations for expenditure unless there is sufficient unencumbered cash in the
appropriate fund, credited to the Authority, with which to pay the same.
C. The Authority may invest any funds paid into the Authority only in
accordance with any applicable laws of the State of Colorado governing the investment of
public funds.
7. Signatures in Counterparts. It is agreed that the amendment set forth herein may
be signed in counterparts, but it shall not become effective until all existing signatories to the
Intergovernmental Agreement dated November 14, 1990, have acknowledged approval.
IN WITNESS WHEREOF, the parties hereto have caused their authorized representatives
to affix their respective signatures hereto.
• Page 3 of 7
COUNTY OF LARINIER TOWN OF ESTES PARK, COLORADO
STATE OF COLORADO
By By
ATTEST: ATTEST:
Date: Date:
TOWN OF WELLINGTON, COLORADO CITY OF FORT COLLINS, COLORADO
By By
ATTEST: ATTEST:
Date: Date:
TOWN OF BERTHOUD, COLORADO CITY OF LOVELAND, COLORADO
By By
ATTEST: ATTEST:
Date: Date:
Page 4 of 7
•
ALLENSPARK FIRE PROTECTION TOWN OF TIMNATH
DISTRICT
By By
ATTEST: ATTEST:
Date: Date:
BERTHOUD FIRE PROTECTION POUDRE VALLEY FIRE PROTECTION
DISTRICT DISTRICT
By By
• ATTEST: ATTEST:
Date: Date:
LOVELAND RURAL FIRE PROTECTION RED FEATHER LAKES FIRE
DISTRICT PROTECTION DISTRICT
By By
ATTEST: ATTEST:
Date: Date:
Page 5 of 7
PINEWOOD SPRINGS FIRE WELLINGTON FIRE PROTECTION
PROTECTION DISTRICT DISTRICT
BY BY
ATTEST: ATTEST:
Date: Date:
GLACIER VIEW FIRE PROTECTION POUDRE VALLEY HOSPITAL DISTRICT
DISTRICT
BY BY
ATTEST: ATTEST:
Date: Date:
LYONS FIRE PROTECTION DISTRICT THOMPSON VALLEY HOSPITAL
DISTRICT
By By
ATTEST: ATTEST:
Date: Date:
Page 6 of 7
POUDRE CANYON FIRE PROTECTION PARK HOSPITAL DISTRICT
DISTRICT
By By
ATTEST: ATTEST:
Date: Date:
THE ENTITIES HEREINAFTER SET FORTH HEREBY ACKNOWLEDGE AND
APPROVE THE INTERGOVERNMENTAL AGREEMENT DATED NOVEMBER 14, 1990,
AND HAVE CAUSED THEIR AUTHORIZED REPRESENTATIVES TO AFFIX THEIR
RESPECTIVE SIGNATURES HERETO, THEREBY MAKING EACH OF THE ENTITIES
A PARTY TO THE INTERGOVERNMENTAL AGREEMENT DATED NOVEMBER 14,
1990, AS AMENDED, AND CONSTITUTING THEIR INCORPORATION IN THE
LARIMER EMERGENCY TELEPHONE AUTHORITY.
WINDSOR-SEVERANCE FIRE COLORADO STATE UNIVERSITY
PROTECTION DISTRICT
By By
ATTEST: ATTEST:
Date: Date:
. Page 7 of 7
COUNTY OF LAREMR TOWN OF ESTES PARK, COLORADO
STATE OF COLORADO
By BY
ATTEST: ATTEST:
Date: Date:
TOWN OF WELLINGTON, COLORADO CITY OF FORT COLLINS, COLORADO
By By
ATTEST: ATTEST:
Date: Date:
TOWN OF BERTHOUD, COLORADO CITY OF LOVELAND, COLORADO
By By
ATTEST: ATTEST:
Date: Date:
Page 4 of 7