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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