HomeMy WebLinkAbout026 - 02/20/2001 - AMENDING CITY CODE TO CREATE A NEW ARTICLE PERTAINING TO AUTHORITIES OF THE CITY ORDINANCE NO. 26, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF FORT COLLINS
SO AS TO CREATE A NEW ARTICLE PERTAINING TO
AUTHORITIES OF THE CITY
WHEREAS, Chapter 2, Article III of the Code lists the various boards and commissions of
the City and contains other provisions relating to such boards and commissions; and
WHEREAS,the Downtown Development Authority("DDA")and the Fort Collins Housing
Authority ("Housing Authority") are included in this listing; and
WHEREAS, the DDA is created by ordinance of the City Council and is subject to
dissolution by the Council, but, once established, is a separate corporate entity from the City and is
not a board or commission of the City; and
WHEREAS, similarly, the Housing Authority, once established by the City Council in the
manner provided by state statute, is a body both corporate and politic and is a separate legal entity
from the City, rather than a board or commission of the City; and
WHEREAS,because the DDA and the Housing Authority are not boards and commissions,
but rather, authorities of the City, the provisions of Chapter 2 of the City Code should be amended
so as to remove the DDA and the Housing Authority from the article dealing with the boards and
commissions, and place them in a separate article pertaining to authorities of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Chapter 2,Article III of the City Code is hereby amended so as to repeal
the text of Divisions 13 and 16 thereof, leaving only the titles of said divisions in Chapter 2, Article
III, together with editor's notes referencing the fact that provisions relating to the creation,
membership, powers, duties etc. of the Downtown Development Authority and the Fort Collins
Housing Authority are to be found in a new Article IV of Chapter 2, pertaining thereto.
Section 2. That Chapter 2 of the City Code is further hereby amended by the addition
of a new Article IV thereof, which shall read in its entirety as follows:
ARTICLE IV. AUTHORITIES OF THE CITY
DIVISION 1. DOWNTOWN DEVELOPMENT AUTHORITY
Sec. 2-461. Creation.
There shall be and is hereby created and established pursuant to Title 31,Article
25,Part 8,C.R.S., a Downtown Development Authority,hereafter referred to in this
Division as the "authority."
Sec. 2-462. Membership; term.
(a) Members of the board of the authority shall be appointed by resolution of the
City Council.The authority shall consist of nine(9)members,eight(8) of which are
either residents,landowners or tenants within the boundaries of the authority,and one
(1) of which is a City Councilmember.
(b) Terms of office, appointments, removals and the filling of vacancies of
authority board members shall be established and governed as set forth in Title 31,
Article 25,Part 8,C.R.S.No member shall serve more than two(2)consecutive four-
year terms.
Sec. 2-463. Jurisdiction.
The authority shall exercise its powers within the boundaries of an area on a map
which is on file in the City Clerk's office.
Sec. 2-464. Conflicts of interest.
The officers and employees of the authority shall be governed by the applicable
state statutory rules of ethical conduct and said persons shall be expressly exempted
from the provisions of Article IV, Section 9 of the Charter.
Sec. 2-465. Functions.
The authority shall be a body corporate with all the purposes and powers
authorized by Title 31,Article 25,Part 8,C.R.S.,and all additional and supplemental
powers necessary or convenient to carry out and effectuate the purposes and
provisions of said statutes.
Sec. 2-466. Minutes; annual report; work plan.
The authority shall take and file minutes in accordance with the requirements of
§ 2-73 of this Code. On or before January 31 of each year,the authority shall file a
report with the City Clerk setting forth the activities of the authority for the previous
year. On or before November 30 of each year, the authority shall file a work plan
with the City Clerk for the following year.
Secs. 2-467-2-472. Reserved.
DIVISION 2. HOUSING AUTHORITY
Sec. 2-473. Creation.
There shall be and is hereby created and established a Housing Authority,
hereafter referred to in this Division as the "authority."
Sec. 2-474. Membership; term.
The authority shall consist of commissioners selected by the City 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 Tern shall
be ex officio the chair and vice-chair, respectively, of the commissioners.
(2) Alternatively, the authority shall consist of seven (7) commissioners
appointed as set forth in Section 29-4-205, C.R.S. One (1) of such
commissioners may be 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.
Sec. 2-475. Conflicts of interest.
The officers and employees of the authority shall be governed by the applicable
state statutory rules of ethical conduct and said persons shall be expressly exempted
from the provisions of Article IV, Section 9 of the Charter.
Sec. 2-476. Minutes; annual report; work plan.
The authority shall take and file minutes in accordance with the requirements of
§ 2-73 of this Code. On or before January 31 of each year, the authority shall file a
report with the City Clerk setting forth the activities of the authority for the previous
year. On or before November 30 of each year, the authority shall file a work plan
with the City Clerk for the following year.
Secs. 2-477-2-482. Reserved.
DIVISION 3. LIQUOR LICENSING AUTHORITY
Editor's note: The Liquor Licensing Authority creation, membership, powers,
duties, etc., are contained in §§ 3-31 through 3-36.
Section 3. That the existing Articles IV through VII of Chapter 2 are hereby renumbered
as Articles V through VIII of the Code, with the sections of each such article to be renumbered
accordingly.
Introduced and considered favorably on first reading and ordered published this 6th day of
February,A.D. 2001,and to be presented for final passage on the 20th day of February,A.D. 2001.
s OIL'
ayor
ATTEST:
. LL�
City Clerk
Passed and adopted on final reading this 20th day of February, A.D. 2001.
Mayor
ATTEST:
City Clerk