HomeMy WebLinkAbout2016-028-03/15/2016-AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND THE TOWN OF WINDSOR RESOLUTION 2016-028
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF FORT COLLINS.AND THE TOWN OF WINDSOR
FOR THE EXCHANGE OF JUDICIAL SERVICES AND APPOINTING
A TEMPORARY JUDGE
WHEREAS, on occasion, Municipal Judges may be prevented from sitting on the bench
by reason of personal conflict of interest, illness, vacation, or other reason, and the Assistant
Municipal Judge presiding over and conducting the Municipal Court in such event may also be
unavailable; and
WHEREAS, in order to provide cost-effective special judicial services to temporarily
replace the services of the Municipal Judge in the event of a conflict of interest or other .
circumstance, the City should cooperatively exchange the services of the City's Municipal Judge
with that of another entity; and
WHEREAS, Section 1 of Article VII of the City Charter sets forth the requirements for
the appointment of the Municipal Judge and temporary judge; and
WHEREAS, the City Council has the authority to designate a reputable and qualified
attorney to serve as temporary judge through calendar year 2016; and
WHEREAS, the City Council recognizes that Windsor's Municipal Judge, the Honorable
Michael E. Manning, is a reputable and qualified attorney; and
WHEREAS, staff has discussed with Windsor representatives the proposed terms of an
intergovernmental agreement providing for the exchange of judicial services when needed to
temporarily substitute when the City's or Town's Municipal Judge and temporary judge are
unavailable, including the provision of replacement judicial services and compensation for costs
directly incurred to provide such services; and
WHEREAS, pursuant to Colorado Revised Statutes Section 29-1-203, governments may
cooperate or contract with one another to provide any function service lawfully authorized to
each of the cooperating or contracting units of government; and
WHEREAS, the City Council has determined that it is in the best interests of the City that
the Mayor be authorized to execute an intergovernmental agreement between the City and
Windsor in support thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF.
FORT COLLINS as follows:
Section 1. ' That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
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Section 2. That City Council hereby authorizes the Mayor to execute an
intergovernmental agreement between the.City and the Town of Windsor consistent with this
Resolution for the purpose of appointing Judge Michael E. Manning as the temporary judge, with
such language as the City Manager, in consultation with the City Attorney, determines necessary
and appropriate to protect the interests of the City or further the purposes of this Resolution, as
set forth above.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
15th day of March, A.D. 2016.
ayor
ATTEST:
OF FORT
City Clerk
SEAL
cOLOF,
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