HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/06/2003 - RESOLUTION 2003-062 PROVIDING DIRECTION WITH REGAR AGENDA ITEM SUMMARY ITEM NUMBER: 25
DATE: May 6, 2003
FORT COLLINS CITY COUNCIL FROM: John Fischbach/
Steve Roy
SUBJECT :
Resolution 2003-062 Providing Direction with Regard to the Development of an Intergovernmental
Agreement Pertaining to the Possible Formation of a North Front Range Rural Transportation
Authority.
RECOMMENDATION:
None.
EXECUTIVE SUMMARY:
This Resolution would give direction to the MPO Policy and Oversight Committee with regard to
the drafting of a proposed intergovernmental agreement relating to the potential creation of a North
Front Range Rural Transportation Authority. The Resolution states that the City Council would be
willing to consider a proposed intergovernmental agreement under which all counties and
municipalities signing the agreement would participate in the Authority if the proposed agreement
is approved by a majority of the registered electors within the boundaries of the Authority,regardless
of whether the agreement is approved by a majority of the registered electors within the City of Fort
Collins.
BACKGROUND:
The Colorado State Statutes provide a mechanism whereby counties and municipalities may enter
into an intergovernmental agreement for the purpose of forming a rural transportation authority to
finance, construct, operate and maintain regional transportation systems within or without the
boundaries of the Authority. Any such agreement must be approved by a majority vote of the
registered electors within the boundaries of the proposed Authority.
On August 20, 2002, the City Council passed Resolution 2002-079, a copy of which is included in
the agenda materials. This resolution authorized the City's participation in discussions regarding
the formation of the North Front Range Rural Transportation Authority and appointed
Councilmember Kurt Kastein and City Manager John Fischbach to serve as City representatives in
such discussions. Representatives from nine other northern Colorado municipalities and two
counties in northern Colorado have participated in the discussions, which have been conducted
through a Policy and Oversight Committee. Attorneys from the various entities that are considering
participation in the Authority have also met periodically to discuss legal issues related to the
formation of the Authority.
DATE: May 6, 2UU 1 2 ITEM NUMBER:
The State statutes provide that any intergovernmental agreement seeking to establish a rural
transportation authority must be submitted to the registered electors residing within the boundaries
of the proposed Authority and must be approved by a majority of those registered electors in order
for the Authority to be created. In other jurisdictions,intergovernmental agreements have sometimes
included a provision that a county and municipality signing the intergovernmental agreement may
choose to withdraw from the Authority, even if the agreement has been approved by a majority of
the registered electors within the boundaries of the proposed Authority, if the proposed agreement
is not also approved by a majority of the registered electors within that county or municipality.
The question that has been presented to the City Council by the Policy and Oversight Committee is
whether or not the City Council would be willing to consider a proposed intergovernmental
agreement which contains a provision requiring the City to participate in the authority upon approval
of the agreement by majority vote within the boundaries of the Authority, even if the agreement is
not approved by a majority of the registered electors in the City of Fort Collins.
RESOLUTION 2003-062
OF THE COUNCIL OF THE CTTY OF FORT COLLINS
PROVIDING DIRECTION WITH REGARD TO THE DEVELOPMENT
OF AN INTERGOVERNMENTAL AGREEMENT PERTAINING TO
THE POSSIBLE FORMATION OF A NORTH FRONT RANGE
RURAL TRANSPORTATION AUTHORITY
WHEREAS, Colorado law provides a mechanism whereby cities and counties may join together
to form a rural transportation authority for the purpose of financing, constructing, operating and
maintaining rural transportation systems within or without the boundaries of the authority; and
WHEREAS, on August 20, 2002, the City Council adopted Resolution 2002-079 authorizing the
City's participation in discussions regarding a possible intergovernmental agreement to create the
framework for such a regional transportation authority and naming City representatives to engage in those
discussions on behalf of the City; and
WHEREAS,nine other municipalities and two counties in northern Colorado have also expressed
an interest in participating in the creation of such an authority; and
WHEREAS, Section 43-4-603 C.R.S., provides that any intergovernmental agreement to create
such an authority would need to be approved by a majority of the registered electors residing within the
boundaries of the proposed authority; and
WHEREAS, a question has arisen with regard to the drafting of a proposed intergovernmental
agreement as to whether municipalities and counties signing the intergovernmental agreement should be
able to withdraw from the authority if the proposed agreement is not approved by the voters in their
respective jurisdictions; and
WHEREAS,in order to provide direction with regard to this question, the City Council wishes to
state its position in the matter.
NOW, THEREFORE, BE rr RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that it is willing to consider a proposed agreement among the municipalities and counties who
have expressed an interest in the creation of a North Front Range Transportation Authority (the
"Authority")which would provide that,if the agreement is approved by a majority of the registered electors
residing within the boundaries of the Authority as required by statute, then each municipality and county
signing the agreement would participate in the Authority, whether or not the agreement is approved by a
majority of the registered electors within the City of Fort Collins.
Passed and adopted at a regular meeting of the City Council held this 6th day of May, A.D. 2003.
Mayor
• ATTEST:
City Clerk
• � D
Pe� RESOLUTION 2002-079
AUTHORIZING CITY PARTICIPATION IN DISCUSSIONS OF A PROPOSED
INTERGOVERNMENTAL AGREEMENT RELATING TO THE POTENTIAL
CREATION OF A NORTH FRONT RANGE RURAL TRANSPORTATION
AUTHORITY (RTA) AND APPOINTING TWO REPRESENTATIVES OF THE CITY TO
PARTICIPATE IN SUCH DISCUSSIONS
WHEREAS, the City Council is authorized under §434-601 of the Colorado Revised
Statutes and Article XIV, §18(2)(a) of the Colorado Constitution to enter into an
intergovernmental agreement with a combination of other municipalities and counties to agree to
form a rural transportation authority by taking the question to a vote of the people; and
WHEREAS, a rural transportation authority has the power and authority to finance,
construct, operate, and maintain rural transportation systems within or without the boundaries of
such authority; and
WHEREAS, ten municipalities and two counties in northern Colorado have expressed a
desire to participate in discussions pertaining to a possible intergovernmental agreement to
create the framework for a North Front Range Transportation Authority and to present the
question of establishing such an authority to the voters; and
WHEREAS, the City Council wishes to participate in such discussions; and
WHEREAS, the approval of resolutions of intent to participate in such discussions is
necessary to better inform all elected officials in the North Front Range of the NFRTA initiative
and to begin the public participation process throughout the region and within each community
along the North Front Range.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, as follows:
Section 1. That the City, through the representatives named in Section 2 below, is
hereby authorized to participate in discussions of a possible intergovernmental agreement to
create the framework for a North Front Range Transportation Authority.
Section 2. That Councilmember Kurt Kastein and City Manager John Fischbach are
hereby appointed to participate in such discussions on behalf of the City, with any agreements or
actions to be taken by the City with regard to the formation of such an authority to be subject to
the direction and final approval of the City Council.
•
Passed and adopted at a regular meeting of the City Council held this 20th day of August,
A.D. 2002. /
ayor
A ST:
UI
City Clerk