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COUNCIL - AGENDA ITEM - 03/06/2001 - FIRST READING OF ORDINANCE NO. 40, 2001, AMENDING
AGENDA ITEM SUMMARY ITEM NUMBER: 19 FORT COLLINS CITY COUNCIL DATE: March 6, 2001 FROM: Steve Roy SUBJECT: First Reading of Ordinance No. 40, 2001, Amending Chapter 1 of the City Code to Add a New Section Authorizing the City Manager or Designee to Execute Certain Intergovernmental Agreements. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: In 1993, the City Council adopted Ordinance 70, 1993, specifying the circumstances under which the City Manager is authorized to execute intergovernmental agreements. The purpose of this Ordinance is to codify the provisions of Ordinance No. 70, 1993. ACKGROUND: Article 11,Section 16 of the City Charter authorizes the Council to,by ordinance or resolution, enter into contracts with other governmental bodies to furnish governmental services and make charges for such services or enter into cooperative or joint activities with other governmental bodies. The authority to enter into such intergovernmental agreements is also established in the Colorado state statutes. Certain intergovernmental agreements executed by the City are sufficiently routine in nature that, in 1993, the City Council adopted an ordinance authorizing the City Manager or his or her designee to execute such routine agreements without the necessity of Council review and approval on a case-by-case basis. This ordinance has been regularly used since that date to differentiate the kinds of intergovernmental agreements that need specific Council approval and those that can be executed by the City Manager. Because the City Charter also calls for the codification of all permanent ordinances of the City, the City Attorney is recommending that the provisions of Ordinance No. 70, 1993, be made a part of the City Code. This Ordinance would accomplish that by establishing a new Section 1-19 of the Code. . ORDINANCE NO. 40, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 1 OF THE CITY CODE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE CERTAIN INTERGOVERNMENTAL AGREEMENTS WHEREAS, Article II, Section 16 of the City Charter states that the City Council may, by ordinance or resolution,enter into contracts with other governmental bodies to furnish governmental services and make charges for such services,or enter into cooperative or joint activities with other governmental bodies; and WHEREAS, Section 29-1-203, C.R.S., also provides that governments may cooperate or contract with one another to provide certain services or facilities when such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve; and WHEREAS, certain of the intergovernmental agreements executed by the City are routine in nature; and WHEREAS, on July 20, 1993, the City Council adopted on second reading Ordinance No. 70, 1993,which establishes general authority for the City Manager or his or her designee to execute . certain kinds of routine intergovernmental agreements, pursuant to specific criteria established in said ordinance without the necessity of Council review and approval on a case-by-case basis; and WHEREAS,Article II, Section 9 of the City Charter states that the City Council shall cause the permanent ordinances of the City to be codified; and WHEREAS, the City Council wishes to amend the City Code in order to codify the provisions of Ordinance No. 70, 1993. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 1 of the Code of the City of Fort Collins is hereby amended to add a new Section 1-19, which shall read in its entirety as follows: Section 1 19 Exectifiun trf iriterg6`vemmental agreements (a) Except: as provided 'in -subsections (b) and =(c) b6loty, all intergovernmental agreettlettts oi•cooperative activities^between the city and:'bther governmental ennues°shah beibmitted to the Ctty,Councit:for revtew, aad any �, appiow fli of,shal die by}brslinance or resolution n flte.City t dtii il€ (b) The City Manager or,his designee is ereby apih#pzedito eiteeute agreementsebetween the city and othee governmental:entittes'wliep"tt; `prap©sed agreement: or (2j Ym- J ` Introduced and considered favorably on first reading and ordered published this 6th day of March, A.D. 2001, and to be presented for final passage on the 20th day of March, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of March, A.D. 2001. Mayor ATTEST: City Clerk