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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 ATTEST: O�FORTCO .. < Vi SEAL s e o . a City Clerk Oc�6QRA�� 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