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HomeMy WebLinkAbout139 - 12/04/2007 - APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE FORT COLLINS REGIONAL LIBRARY DISTRICT, LARIMER ORDINANCE NO. 139, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE FORT COLLINS REGIONAL LIBRARY DISTRICT, LARIMER COUNTY AND THE CITY OF FORT COLLINS WHEREAS, on November 7,2006,the voters approved a citizen initiative to establish and fund the Fort Collins Regional LibraryDistrict(the"District")pursuant to Sections 24-90-101 to 606 of the Colorado Revised Statutes (the"Library Law"); and WHEREAS,on November 21,2006,the Council adopted Resolution 2006-118 establishing the District pursuant to Section 107(3)(g) of the Library Law and appointing two Councilmembers to a committee to appoint the initial board of trustees of the District (the"Board"); and WHEREAS, on March 6, 2007, pursuant to Section 108(1) of the Library Law, the City Council and Board of County Commissioners for Larimer County ratified the initial appointments to the Board; and WHEREAS, Section 107(3)(h) of the Library Law requires the City, the County and the District to enter into an intergovernmental agreement("IGA")within ninety days of the appointment of the Board that "shall set forth fully the rights, obligations, and responsibilities, financial and otherwise,"of the City, the County and the District; and WHEREAS,City staff and the Board did not believe that the ninety day period provided for in the Library Law would allow sufficient time to consider,negotiate and resolve all the issues that must be considered in order to establish a successful,long term relationship between the parties;and WHEREAS, for that reason, on May 15, 2007, the Council passed Resolution 2007-055, authorizing the City to enter into an "Interim IGA"with the Library District under which the City would continue to operate the City's libraries for the remainder of 2007 with the District reimbursing the City for the costs of such operation; and WHEREAS, City staff and the Trustees of the Library District have reached agreement on the terms of a"Final IGA"under which City-owned assets used to provide library services would be conveyed or leased to the Library District, and library operations and City library employees would be transferred to the Library District by December 31, 2007; and WHEREAS, additional terms and conditions of the Final IGA include the following: • the City would transfer ownership of the Main Library at 201 Peterson Street and most of Library Park (located on Block 142), but not including the Fort Collins Museum (Carnegie Building) and its grounds, to the Library District, to be used for Library purposes, including possible expansion of the Main Library; • the City would convey the Southeast Branch Library, located on a portion of Lot 13 of the Front Range Village Subdivision, to the District after the Library space is completed and the City receives title to it; • the City would lease to the District the office buildings located at 256 West Mountain Avenue and 110 North Howes Street at a rate of one dollar per year on a year-to-year lease that would renew automatically until terminated by one of the parties; • the City would assign to the District the City's rights and obligations under the Harmony Library IGA with Front Range Community College, with the College's approval; • in consideration of the property transactions described above, the City would retain ownership of the Poudre Creamery Properties purchased with Building Community Choices (BCC) funds; • the Citywould conveyto the District books and other media,furnishings,equipment, technology and other personal property used by the City to provide library services; • the City would, at least initially, provide the District with certain support services, including but not limited to human resources, accounting, payroll, purchasing, facilities maintenance and technology services,and be reimbursed by the District for the cost of those services; • the City would remit to the District the Building on Basics(BOB)library technology revenues to be used for the voter-approved purpose; • the City would continue to collect the Library Capital Improvement Expansion Fee pursuant to Section 7.5-27 of the City Code,at least until such time as the Southeast Branch Library is fully completed; and WHEREAS,a copy of the most current draft of the Final IGA is attached to the Agenda Item Summary and is on file in the City Clerk's Office; and WHEREAS, the City Council is authorized to sell, convey or otherwise dispose of any interests in real property owned in the name of the City provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City; and WHEREAS, Section 29-1-203, C.R.S., authorizes governmental entities to cooperate and contract with one another in order to provide any function, service, or facility lawfully permitted to each if such a contract is properly authorized by each party thereto; and WHEREAS,the City is authorized to enter into intergovernmental agreements to provide any function, service or facility, pursuant to Article II, Section 16 of the Charter of the City of Fort Collins and City Code Section 1-22. NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that the conveyance of the Main Library and the Southeast Branch Library,and the lease of the City-owned office buildings at 256 West Mountain -2- Avenue and 110 North Howes Street to the Library District, under the terms described above, are in the best interests of the City. Section 2. That the Council hereby finds that the conveyance of Library Park to the Library District, under the terms described above, is in the best interests of the City even if the Library Park property is not ultimately used for expansion of the Main Library. Section 3. That the Mayor is hereby authorized to enter into the Final IGA with the Fort Collins Regional Library District in substantially the form as is on file in the City Clerk's Office, with such amendments or modifications to the Final IGA as the City Manager may, in consultation with the City Attorney, determine are necessary or appropriate to protect the interests of the City or to advance the objectives set forth herein. This may include any necessary changes to the legal descriptions of the properties to be leased or conveyed pursuant to this Ordinance, so long as such changes do not materially increase the size or change the character of the property to be leased or conveyed to the Library District by the City. Introduced, considered favorably on first reading, and ordered published this 20th day of November,A.D.2007,and to be presented for final passage on th ay of December,A.D. 007. Mayor , ATTEST: 4LL)w . -L" I- City Clerk Passed and adopted on final reading on the 4th day of De er, A.D. 2007. Mayo ATTEST: City Clerk -3-