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HomeMy WebLinkAbout1999-010-01/19/1999-APPROVING THE EXECUTION OF AN AGREEMENT PERTAINING TO THE LARIMER EMERGENCY TELEPHONE AUTHORITY RESOLUTION 99-10 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE EXECUTION OF AN AGREEMENT PERTAINING TO THE LARIMER EMERGENCY TELEPHONE AUTHORITY WHEREAS, on November 14, 1990, pursuant to the provisions of state statute, the City Council authorized the execution of an intergovernmental agreement(the"Agreement")with various other governmental entities pertaining to the Latimer Emergency Telephone Authority("LETA"); and WHEREAS, the parties to the Agreement wish to modify and amend the same in certain respects so as to: • add the Windsor-Severence Fire Protection District as a signatory thereof; • include Colorado State University within LETA; • revise certain definitions in the Agreement to be consistent with the Colorado statutes defining emergency telephone service; • reflect certain changes in Colorado law with regard to emergency telephone services; • provide for the separate management of LETA funds, in accordance with state law; and • simplify the "Funds and Operations" portion of the Agreement; and WHEREAS,the City Council believes that the foregoing changes are in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the "Agreement to Modify and Amend Intergovernmental Agreement Concerning the Implementation of an`E-911'Emergency Telephone Service,"a copy of which is attached hereto as Exhibit"A"and incorporated herein by this reference,is hereby approved by the Council,subject to such changes in form or substance as the City Manager may, in consultation with the City Attorney, consider to be necessary to effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the City Cstinol held this 19th of January, A.D. 1999. Mayor ATTEST: City Clerk EXHIBIT "A" AGREEMENT TO MODIFY AND AMEND INTERGOVERNMENTAL AGREEMENT CONCERNING THE IMPLEMENTATION OF AN "E911" EMERGENCY TELEPHONE SERVICE THIS AGREEMENT is made and entered into this day of 19_, by and between the signatories to that certain Intergovernmental Agreement Concerning the Implementation of an "E911" Emergency Telephone Service. WITNESSETH: WHEREAS, the parties hereto are signatories to that certain Intergovernmental Agreement dated November 14, 1990; and WHEREAS, since the date of the adoption of that Intergovernmental Agreement, Colorado law enabling the creation of emergency telephone authorities has been modified requiring the amendment of the Intergovernmental Agreement dated November 14, 1990; and WHEREAS, the practical operation of the authority since November 14, 1990, further dictates that the Intergovernmental Agreement be modified; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREINAFTER SET FORTH, THE PARTIES AGREE AS FOLLOWS: 1. Windsor-Severance Fire Protection District. Windsor-Severance Fire Protection District, a Colorado special district headquartered in Windsor, Colorado, provides fire protection services to portions of Weld and Latimer Counties. The Windsor-Severance Fire Protection District has petitioned for inclusion in the Larimer Emergency Telephone Authority for those areas of Larimer County wherein the Windsor-Severance Fire Protection District provides services. By the terms hereof, the Windsor-Severance Fire Protection District shall become a signatory of the Intergovernmental Agreement and shall be represented on the Larimer Emergency Telephone Authority Board through the member designated in paragraph III.C.3 of the Intergovernmental Agreement, providing for one member of the Board to be selected from all fire districts which are signatories to the Intergovernmental Agreement. Page I of 7 2. Colorado State University_. Colorado State University is a governmental entity located in the City of Fort Collins, Larimer County, Colorado. Colorado State University maintains a public service answering point (PSAP) which works in conjunction and cooperation with the other PSAPs currently operating in Larimer County. Colorado State University has petitioned for inclusion in the Larimer Emergency Telephone Authority. By the terms hereof, Colorado State University is accepted as a signatory to the Intergovernmental Agreement dated November 14, 1990, shall be considered part of the City of Fort Collins, and, pursuant to paragraph III.C.1 of the Intergovernmental Agreement, shall be represented on the Larimer Emergency Telephone Authority Board by the board member from the City of Fort Collins. 3. Definitions. Paragraph I.A of "I - DEFINITIONS" in the Intergovernmental Agreement dated November 14, 1998, shall be amended as follows: A. The definitions for all terms as used in this Intergovernmental Agreement shall be the same as the definitions provided for those terms in Section 29-11-101, et seq., C.R.S. 4. Powers of the Authority. Paragraph "V - POWERS OF AUTHORITY" of the Intergovernmental Agreement dated November 14, 1990, shall be amended as follows: A. The Authority is empowered to contract for the installation and operation of emergency telephone services in Latimer County. The Authority shall defray all costs by collecting emergency telephone charges as authorized by and in accordance with Article 11 of Title 29, Colorado Revised Statutes. Collection and expenditure of funds shall be limited by the provisions of Article 11 of Title 29, Colorado Revised Statutes. Any funds remaining in the accounts of the Authority at year-end shall be carried over to the next succeeding year for the purposes authorized by this Intergovernmental Agreement and Article 11 of Title 29, Colorado Revised Statutes. B. In addition, the Authority may sue and be sued and do any other act as may be reasonable and necessary for the provision of emergency telephone services and the continued operation of said services. Page 2 of 7 5. Budget. Paragraph "VII - BUDGET AND OPERATING COSTS" of the Intergovernmental Agreement dated November 14, 1990, shall be amended as follows: VII - BUDGET In accordance with Article 1 of Title 29, Colorado Revised Statutes, the Authority shall annually prepare a budget and submit said budget to the Board of Directors of the Authority for approval. Upon its approval by the Board of Directors, copies of the budget shall be distributed to each signatory. 6. Funds and Operations. Paragraph "VIII - FUNDS AND OPERATIONS" of the Intergovernmental Agreement dated November 14, 1990, shall be amended as follows: A. No disbursement shall be made from the funds of the Authority unless a verified claim for services or commodities actually rendered has been submitted and has been processed in accordance with the bylaws of the Authority. B. The Authority shall not borrow money nor shall it approve any claims or incur any obligations for expenditure unless there is sufficient unencumbered cash in the appropriate fund, credited to the Authority, with which to pay the same. C. The Authority may invest any funds paid into the Authority only in accordance with any applicable laws of the State of Colorado governing the investment of public funds. 7. Signatures in Counterparts. It is agreed that the amendment set forth herein may be signed in counterparts, but it shall not become effective until all existing signatories to the Intergovernmental Agreement dated November 14, 1990, have acknowledged approval. IN WITNESS WHEREOF, the parties hereto have caused their authorized representatives to affix their respective signatures hereto. Page 3 of 7 COUNTY OF LARIMER TOWN OF ESTES PARK, COLORADO STATE OF COLORADO By By ATTEST: ATTEST: Date: Date: TOWN OF WELLINGTON, COLORADO CITY OF FORT COLLINS, COLORADO By By ATTEST: ATTEST: Date: Date: TOWN OF BERTHOUD, COLORADO CITY OF LOVELAND, COLORADO By By ATTEST: ATTEST: Date: Date: Page 4 of 7 ALLENSPARK FIRE PROTECTION TOWN OF TIMNATH DISTRICT By By ATTEST: ATTEST: Date: Date: BERTHOUD FIRE PROTECTION POUDRE VALLEY FIRE PROTECTION DISTRICT DISTRICT By By ATTEST: ATTEST: Date: Date: LOVELAND RURAL FIRE PROTECTION RED FEATHER LAKES FIRE DISTRICT PROTECTION DISTRICT By By ATTEST: ATTEST: Date: Date: Page 5 of 7 PINEWOOD SPRINGS FIRE WELLINGTON FIRE PROTECTION PROTECTION DISTRICT DISTRICT By By ATTEST: ATTEST: Date: Date: GLACIER VIEW FIRE PROTECTION POUDRE VALLEY HOSPITAL DISTRICT DISTRICT By By ATTEST: ATTEST: Date: Date: LYONS FIRE PROTECTION DISTRICT THOMPSON VALLEY HOSPITAL DISTRICT By By ATTEST: ATTEST: Date: Date: Page 6 of 7 POUDRE CANYON FIRE PROTECTION PARK HOSPITAL DISTRICT DISTRICT By By ATTEST: ATTEST: Date: Date: THE ENTITIES HEREINAFTER SET FORTH HEREBY ACKNOWLEDGE AND APPROVE THE INTERGOVERNMENTAL AGREEMENT DATED NOVEMBER 14, 1990, AND HAVE CAUSED THEIR AUTHORIZED REPRESENTATIVES TO AFFIX THEIR RESPECTIVE SIGNATURES HERETO, THEREBY MAKING EACH OF THE ENTITIES A PARTY TO THE INTERGOVERNMENTAL AGREEMENT DATED NOVEMBER 14, 1990, AS AMENDED, AND CONSTITUTING THEIR INCORPORATION IN THE LARIMER EMERGENCY TELEPHONE AUTHORITY. WINDSOR-SEVERANCE FIRE COLORADO STATE UNIVERSITY PROTECTION DISTRICT By By ATTEST: ATTEST: Date: Date: Page 7 of 7 COUNTY OF LARIMER TOWN OF ESTES PARK, COLORADO STATE OF COLORADO By By ATTEST: ATTEST: Date: Date: TOWN OF WELLINGTON, COLORADO CITY OF FORT COLLINS, COLORADO By By ATTEST: ATTEST: Date: Date: TOWN OF BERTHOUD, COLORADO CITY OF LOVELAND, COLORADO By By ATTEST: ATTEST: Date: Date: Page 4 of 7