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HomeMy WebLinkAbout2023-078-09/05/2023-APPROVING THE EXECUTION OF THE FIFTH AMENDEDRESOLUTION 2023-078 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE EXECUTION OF THE FIFTH AMENDED INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE LARIMER EMERGENCY TELEPHONE AUTHORITY WHEREAS,the City of Fort Collins is authorized under Colorado Revised Statutes (“C.R.S.”)Section 29-1-203 to cooperate or contract with others to provide any function,service, or facility lawfully authorized to each of the cooperating or contracting units,including the provision of emergency telephone service;and WHEREAS,on or about November 14,1990,pursuant to its authority under C.R.S.Section 29-11-101,et.seq.,the City joined multiple political subdivisions in Larimer County,Colorado to form the “Larimer Emergency Telephone Authority”(LETA)as a separate legal entity to provide emergency telephone service and to establish,collect,and disperse the emergency telephone charge in Larimer County,and executed an “Intergovernmental Agreement concerning the implementation of an E-9 11 Emergency Telephone Service”(the “E-9 11 IGA”);and WHEREAS,parties to the E-91 1 IGA subsequently approved amendments in 1999,2002, 2009,and in 2021 the Fourth Amended Intergovernmental Agreement for the Establishment of the Larimer Emergency Telephone Authority (the “Fourth Amended IGA”),as approved by City Council Resolution 2021-082;and WHEREAS,pursuant to Article XII thereof,the Fourth Amended IGA may be further amended upon an affirmative vote of three-quarters (3/4)of the signatories and execution of any amendments by all signatories;and WHEREAS,the LETA Board of Directors recently held a qualifying vote,approved by three-quarters of the signatories to the Fourth Amended IGA,to further amend the Fourth Amended IGA by approving a (2023)Fifth Amended Intergovernmental Agreement for the Establishment of the Larimer Emergency Telephone Authority (the “Fifth Amended IGA”);and WHEREAS,the Fifth Amended IGA will supersede the Fourth Amended IGA and principally expand service jurisdiction into Jackson County and add Jackson County as a signatory to the E-9 11 IGA with a seat on the LETA board of directors;and 1.Grant to LETA oversight and control of Jackson County’s Public Safety Answering Point (“PSAP”); 2.Recognize the Jackson County Sheriff as Jackson County’s appointed director to the LETA Board of Directors; 3.Assign to LETA Jackson County’s E-91 I surcharge revenue and future grant funding related to improving E-9 11 and PSAP equipment; 4.Reference the volunteer fire departments in Larimer County that work with LETA that are neither governmental entities nor signatories to the E-91 1 IGA; 1 5.Update references to bylaws addressing director attendance and absences;and 6.Require that,upon dissolution,LETA’s assets located in Larimer County (including LETA’s financial assets)remain in Larimer County; and WHEREAS,the City Manager recommends that City Council approve the Fifth Amended IGA to continue participating in regional E-91 1 Emergency Telephone Services through LETA; and WHEREAS,the City Council finds it is in the best interests of the City and the health, safety and welfare of its citizens to approve the Fifth Amended IGA and continue participating in LETA. NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1.That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2.That the City Council hereby approves the Fifth Amended Intergovernmental Agreement for the Establishment of the Larimer Emergency Telephone Authority (the “Fifth Amended IGA”)and agrees to be a signatory thereto. Section 3.That the City Council authorizes the Mayor to execute on behalf of the City the Fifth Amended IGA,a copy of which is attached hereto as Exhibit “A”and incorporated herein by this reference,with such additional or modified terms and conditions as the City Manager may, in consultation with the City Attorney,determine necessary and appropriate to protect the interests of the City or effectuate the purposes of this Resolution. Section 4.That the City Council hereby reaffirms the City Manager’s authority to appoint a City employee as the City’s representative as provided in the Fifth Amended IGA. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of September,2023. ATTEST: City Clerk