HomeMy WebLinkAbout2011-055-07/05/2011-AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE FORT COLLI RESOLUTION NO. 2011-055
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT
TO THE INTERGOVERNMENTAL AGREEMENT WITH THE
FORT COLLINS URBAN RENEWAL AUTHORITY
WHEREAS, on February 21, 2006,the Board of Commissioners of the Fort Collins Urban
Renewal Authority (the "Board") adopted a resolution establishing an ad hoc committee for the
purpose of formulating recommendations regarding the administration of the Urban Renewal
Authority (the "URA"); and
WHEREAS, one of the recommendations of the ad hoc committee and City staff was that
a general "umbrella" intergovernmental agreement be entered into between the City and the URA
governing a number of topics; and
WHEREAS,on August 15,2006,the City Council adopted Resolution 2006-082 authorizing
the mayor to enter such an intergovernmental agreement with the URA (the "IGA"); and
WHEREAS, Section 6 of the IGA states that the City may advance funds to the URA in
support of its activities so long as the advance of funds is evidenced in writing through a promissory
note or a grant; and
WHEREAS, the City Council believes that the language of the IGA should be amended to
clarify that any and all advances of funds the City makes to the URA should be evidenced by a
promissory note and related loan agreement, regardless of the circumstances under which such
advances are made; and
WHEREAS,staff has prepared a proposed amendment to the IGA(the"Amendment")a copy
of which is attached hereto as Exhibit "A" and incorporated herein by this reference; and
WHEREAS,the City Council has determined that the Amendment is in the best interests of
the URA and should be entered into between the City and the URA.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to execute the amendment to the intergovernmental
agreement between the City and the URA.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th
day of July, A.D. 2011.
Mayor
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City Clerk
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EXHIBIT A
FIRST ADDENDUM TO THE INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF FORT COLLINS, COLORADO AND
THE FORT COLLINS URBAN RENEWAL AUTHORITY
REGARDING OPERATING STAFF AND RESOURCES
THIS ADDENDUM is made and entered into by and between THE CITY OF
FORT COLLINS, COLORADO, a municipal corporation (the "City"), and THE FORT
COLLINS URBAN RENEWAL AUTHORITY, a political subdivision of the State of
Colorado (the "URA"), and shall be effective on the date signed by the City.
WHEREAS, the City and URA have previously entered into that certain
Intergovernmental Agreement dated August 15, 2006 (the "Agreement"); and
WHEREAS, the City and the URA desire to continue their arrangement of sharing
operating staff and resources to maintain economy and efficiency of operations; and
WHEREAS, the City and the URA wish to amend the Agreement to clarify the
advancement of funds under the Agreement; and
WHEREAS, the parties are authorized to enter into intergovernmental agreements
to provide any function, service or facility as provided in Article II, Section 16 of the
Charter of the City of Fort Collins and Section 29-1-203, C.R.S.
NOW, THEREFORE, in consideration of mutual promises and covenants and
other good and valuable consideration, the receipt and adequacy of which are
acknowledged, the parties agree to amend the terms and conditions of the Agreement
as follows:
1. That Section 6 of the Agreement is modified to read:
The City may, in the sole discretion of the City Council, advance
funds to the URA in support of the URA's activities. Any such advance of
funds shall be evidenced in writing in the form of a loan memorialized by
a promissory note or a grant, which transaction shall not be valid until
first having been approved by both the City Council and the URA
Commission.
2. All other terms and conditions of the Agreement shall remain unchanged and in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First
Addendum to the Intergovernmental Agreement between the City of Fort Collins,
Colorado and the Fort Collins Urban Renewal Authority Regarding Operating Staff and
Resources to be executed.
For the City: THE CITY OF FORT COLLINS
A Municipal Corporation
By:
Karen Weitkunat, Mayor
ATTEST:
Approved as to legal form:
City Clerk
Assistant City Attorney .
For the URA: THE FORT COLLINS URBAN
RENEWAL AUTHORITY
A political subdivision of the State of
Colorado
By:
Karen Weitkunat, Chairperson
ATTEST:
Approved as to legal form:
Secretary
Authority Attorney