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Home My WebLink About2024-100-08/20/2024-AUTHORIZING A SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE POUDRE RIVER PUBLIC LIRESOLUTION 2024-1 00 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING A SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE POUDRE RIVER PUBLIC LIBRARY DISTRICT,THE CITY OF FORT COLLINS,AND LARIMER COUNTY A.Pursuant to Section 24-90-107(3)(h)of the Colorado Revised Statutes,the Poudre River Public Library District (“District”),the City and Larimer County (“County”) entered into an Intergovernmental Agreement dated December 18,2007,which sets forth the rights,obligations,and responsibilities,financial and otherwise,of the City,the County and the District (the “IGA”). B.The parties amended the IGA through a First Amendment to Intergovernmental Agreement dated June 4,2012,to expand the list of services provided by the City as stated in Exhibit B to the IGA and simplify the process for changing Exhibit B in the future,as well as to provide that the District will reimburse the City for any City- approved refunds of the City Impact Fee. C.The IGA requires that the City and County appoint trustees to the District’s Board of Trustees through a committee made up of two members of each legislative body, with both legislative bodies ratifying such appointments.This is one process allowed by Colorado law;the other option is that the legislative bodies that form a library district can delegate to the district’s board of trustees the authority to appoint new trustees,with ratification by the legislative bodies still required. D.The District and the County have expressed interest in changing the way trustees are appointed because the current process is time-consuming and administratively burdensome for the County and the City. City staff recommends that the City Council authorize a Second Amendment to the IGA to allow the District Board of Trustees to appoint new trustees, subject to approval by the City Council and County Commissioners.A draft of the proposed Second Amendment is attached and incorporated herein as Exhibit “A”. F.The District Board of Trustees was scheduled to consider the Second Amendment at its meeting on August 12,2024,and the County Commissioners are scheduled to consider it at their regular meeting on August 20,2024. In light of the foregoing recitals,which the Council hereby makes and adopts as determinations and findings,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1.The Mayor is hereby authorized to execute the Second Amendment to Intergovernmental Agreement in substantially the form attached hereto as Exhibit “A”, with such additional terms and conditions as the City Manager,in consultation with the City Attorney,determines are necessary or appropriate to protect the interests of the City. Section 2.The City’s execution of the Second Amendment is contingent upon the Library District Board of Trustees and the Larimer County Commissioners taking appropriate action to approve the execution of the Second Amendment by their respective entities. Passed and adopted on August 20,2024. ea Mayor P~m ATTEST: -fl— ity ‘/rk Effective Date:August 20,2024 Approving Attorney:Ingrid Decker EXHIBIT A TO RESOLUTION 2024-100 SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT THIS SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (“Amendment”)is made and entered into by and between THE POUDRE RIVER PUBLIC LIBRARY DISTRICT,formerly known as the Fort Collins Regional Library District (“District”), the CITY OF FORT COLLINS,COLORADO (“City”),and LARIMER COUNTY,COLORADO (“County”)and is effective on the date last signed below. RECITALS 1.Pursuant to §24-90-107(3)(h),C.R.S.,the District,City and County entered into an Intergovernmental Agreement dated December 18,2007,which sets forth the rights, obligations,and responsibilities,financial and otherwise,of the City,the County and the District (the “IGA”). 2.The parties amended the IGA through a First Amendment to Intergovernmental Agreement dated June 4,2012 (the “First Amendment”),to expand the list of services in Exhibit B to the IGA and simplify the process for changing Exhibit B in the future,as well as to provide that the District will reimburse the City for any City-approved refunds of the City Impact Fee. 3.The parties now wish to further amend the IGA to modify the process for appointing trustees to the District’s Board of Trustees. NOW,THEREFORE,the parties hereto agree as follows: 1.That Article I of the IGA is amended by the addition of a new Section 1.7,as follows: Section 1.7 Appointment of Trustees The City and County hereby delegate to the Board of Trustees of the District the authority to recommend new trustees for ratification by a two-thirds majority of the legislative bodies of both the City and County as provided in §24-90-108, C.R.S.,as amended. 2.That Section 2.4 of the IGA is hereby amended to read as follows: Section 2.4 Appointment of Trustees.The City,in cooperation with the County,shall be responsible for ratifying the appointment of trustees recommended by the District to the Board of Trustees pursuant to §24-90-108, C.R.S.,as amended.Upon receipt of a recommendation for appointment by the Board of Trustees of the District,the City Council shall vote on the appointment at a regularly scheduled meeting,either approving the appointment or rejecting the appointment.If the appointment is approved by both the City and County,the individual shall be deemed appointed to the Board of Trustees for the District.If the appointment is rejected by either the City or County,the Board of Trustees for the District shall provide a reconmiendation for a new individual to fill the vacancy.If more than one EXHIBIT A TO RESOLUTION 2024-100 vacancy is open,the Board of Trustees for the District shall provide a recommendation for each vacancy and the City Council shall approve or reject each recommendation separately. 3.That Section 7.1 of the IGA is hereby amended to read as follows: Section 7.1 Appointment of Trustees.The County,in cooperation with the City,shall be responsible for ratif~’ing the appointment of trustees recommended by the District to the Board of Trustees pursuant to §24-90-108, C.R.S.,as amended,and for any additional responsibilities mandated under the Colorado Library Law,as amended.Upon receipt of a recommendation for appointment by the Board of Trustees of the District,the County shall vote on the appointment at a regularly scheduled meeting,either approving the appointment or rejecting the appointment.If the appointment is approved by both the City and County,the individual shall be deemed appointed to the Board of Trustees for the District.If the appointment is rejected by either the City or County,the Board of Trustees for the District shall provide a recommendation for a new individual to fill the vacancy.If more than one vacancy is open,the Board of Trustees for the District shall provide a recomnendation for each vacancy and the County shall approve or reject each recommendation separately. 4.All terms and conditions of the IGA remain in fill force and effect except as modified by this Amendment and the First Amendment. BOARD OF COUNTY COMMISSIONERS LARIMER COUNTY,COLORADO Chairman Date ATTEST:Approved as to form: Larimer County Attorney EXHIBIT A TO RESOLUTION 2024-100 POUDRE RIVER PUBLIC LIBRARY BOARD OF TRUSTEES President DISTRICT Date AflEST: Secretary CITY OF FORT COLLINS,COLORADO Approved as to Form: Seter &Vander Wall,P.C. Mayor ATTEST: Name:Sr.Assistant City Attorney Date Approved as to Form: Title: