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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. 2 (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. 3 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 4