HomeMy WebLinkAbout209 - 11/03/1998 - AMENDING THE CITY CODE PERTAINING TO THE MANNER OF APPOINTMENT OF COMMISSIONERS OF THE FORT COLLINS � V 4
EMERGENCY ORDINANCE NO. 209, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-247 OF THE CITY CODE PERTAINING TO THE MANNER OF
APPOINTMENT OF COMMISSIONERS OF THE FORT COLLINS HOUSING AUTHORITY;
PROVIDING THAT THE MEMBERS OF THE CITY COUNCIL SHALL EX OFFICIO BE
APPOINTED AS COMMISSIONERS OF THE AUTHORITY; AUTHORIZING THE
SERVICES OF THE CITY MANAGER AS AN OFFICER
OR EMPLOYEE OF THE HOUSING AUTHORITY; AND AUTHORIZING
THE PROVISION OF LEGAL SERVICES AND OTHER CITY SERVICES
TO THE AUTHORITY
WHEREAS, the Board of Commissioners (the 'Board") of the Fort Collins Housing
Authority ("Housing Authority") are presently appointed by the City Council pursuant to the
provisions of Section 2-247 of the City Code,which Code section provides for the appointment of
five commissioners and two community representatives; and
WHEREAS,§29-4-205 ofthe Colorado Revised Statutes states thatthe Council may provide
that the members of the governing body of the City shall ex officio be appointed the commissioners
of the Housing Authority; and
WHEREAS, two of the five commissioners most recently appointed by the Council have
resigned, as of October 19, 1998, and October 20, 1998, respectively; and
WHEREAS,the remaining three commissioners on the Housing Authority have submitted
their resignations to the City Council,which resignations would take effect at such time as they are
accepted by the Council; and
WHEREAS, the current executive director of the Housing Authority is presently on
administrative leave and the Housing Authority is in immediate need of an interim executive director
to administer the affairs of the Housing Authority; and
WHEREAS,under§29-4-205(6)(a)of the Colorado Revised Statutes,the City Council may
change the method of appointment of commissioners after proper notice and hearing,and set a date
for the changed method to become effective; and
WHEREAS, a recent Federal District Court judgment against the Authority, its executive
director and one of its former commissioners presents substantial, unanticipated issues and
challenges which may affect the ongoing operation and administration of the Housing Authority,
some of which may call for immediate, significant decisions of the commissioners of the Housing
Authority beyond the scope of those normally associated with the operation of the Housing
Authority; and
WHEREAS,it is imperative that the administration ofthe Housing Authority be immediately
stabilized so as to avoid any lapse in the provision of services by the Housing Authority and so as
to preserve its ongoing operation and existence; and
WHEREAS, in furtherance of said objectives, the City Council anticipates that it may be
necessary and desirable in the public interest that the City Manager,John Fischbach, be appointed
to serve as temporary acting executive director of the Housing Authority and as temporary acting
secretary to the Board; and
WHEREAS,under§29-4-205(5),C.R.S.,a Housing Authority may call upon the corporation
counsel or chief law officer of the city in which it is situated for such legal services as it may require,
or it may employ its own legal counsel and legal staff; and
WHEREAS, the City Council believes that the legal services of the City Attorney's office
should be made available to the Housing Authority, at least on a temporary basis, to assist the
Housing Authority's existing legal counsel and to provide such supplemental legal services as may,
in the judgment of the City Attorney, be necessary and appropriate; and
WHEREAS, the City Charter provides, in Article IV, Section 2 thereof, that the City
Attorney shall perform all services incident to the position as may be required by the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 2-247 of the City Code is hereby amended so as to read in its
entirety as follows:
Sec. 2-247. Membership; term.
(a) The authority shall consist of commissioners selected by the Council in the
manner provided in either subsection(1) or(2) of this Section.
(1) The City Council may provide that its members shall ex officio be appointed
the commissioners of the authority,in which event the terms of office of such
commissioners shall be coterminous with their terms of office on the City
Council.Under this method of selection,the Mayor and Mayor Pro Tem shall
ex officio be the chair and vice-chair, respectively, of the commissioners.
(2) Alternatively,the authority shall consist of five(5)commissioners appointed
asset forth in Section 29-4-205,C.R.S. One of such commissioners maybe
a city official. Under this method of appointment, each commissioner shall
serve without compensation for a term of five (5)years. No commissioner
shall serve more than two (2) full, consecutive terms.
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(b) In addition to the appointment of such commissioners, the City Council may
also appoint two (2) community representatives who shall serve in an advisory
capacity to the authority and who may make recommendations to the commissioners
regarding the projects and activities of the authority. Each community advisor shall
serve without compensation for a term of two(2)years. No community advisor shall
serve more that two (2) full, consecutive terms.
Section 2. That the City Council hereby accepts the resignations of the remaining
commissioners of the Housing Authority and expresses its appreciation to all of the resigning
Housing Authority commissioners for their service to the Housing Authority under circumstances
calling for extraordinary commitment and dedication.
Section 3. That the City Council hereby appoints its members, ex officio, as
commissioners of the Housing Authority, and that the terms of office of such commissioners shall
be conterminous with their terms of office on the City Council,absent any formal action by the City
Council changing the method of appointment of the commissioners.
Section 4. That, in the event that City Manager John Fischbach is authorized by the
Board to serve as an officer or employee of the Housing Authority,such service is hereby approved
by the City Council and shall be considered to be within the scope of the employment and the
performance of the duties of the City Manager as an employee of the City. As he deems appropriate
and necessary,the City Manager may also direct other City employees to assist him in the provision
of such administrative services to the Housing Authority. In so assisting the City Manager, any
such City employee shall be considered to be acting within the scope of his or her employment and
within the performance of his or her duties as a City employee.
Section 5. That the City Attorney,and his or her Assistant and Deputy City Attorneys,
are hereby authorized and directed to provide such supplemental legal services to the Housing
Authority as the City Attorney may,in consultation with the Housing Authority's own legal counsel,
deem necessary and appropriate.
Section 6. That, no later than eight (8) months after the date of adoption of this
Ordinance, the Council shall consider, at a regular meeting of the Council,whether the continuing
service of the Council as the Board of Commissioners of the Housing Authority and the provision
of legal services to the Housing Authority are in the best interests of the City.
Section 7. That the immediate adoption of this Ordinance is necessary as an emergency
measure to preserve and protect the existence and ongoing operation of the Housing Authority and
to ensure the continuing operation of its affordable housing programs and projects and the
administration of its funds, and that the Council hereby determines that an emergency exists
requiring immediate passage of this Ordinance in order to preserve,protect and advance the general
welfare of the residents of the City of Fort Collins.
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Section 8. That,for the foregoing reasons,this Ordinance is enacted pursuant to Section
8 of Article II of the Charter of the City of Fort Collins as an emergency ordinance, and the same
shall be immediately effective upon its passage.
Introduced, considered favorably by seven(7) members of the Council of the City of Fort
Collins and finally passed as an Emergency Ordinance and ordered published this 3rd.day of
November, A.D. 1998.
ayor
A�T\TlESnT:
City Clerk
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