HomeMy WebLinkAbout2007-087-09/18/2007-AUTHORIZING THE MEMBERS OF THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY TO SERVE AS RESOLUTION 2007-087
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MEMBERS OF THE BOARD OF DIRECTORS OF
THE DOWNTOWN DEVELOPMENT AUTHORITY TO SERVE AS MEMBERS
OF A NONPROFIT ORGANIZATION TO DIRECT THE ACTIVITIES
OF THE "BEET STREET"PROGRAM
WHEREAS,the members of the Downtown Development Authority board of directors("the
DDA Board")are appointed by the City Council pursuant to the provisions of Section 2-462 of the
City Code to supervise and control the affairs of the Downtown Development Authority("DDA")
as authorized by Section 31-25-805, C.R.S.; and
WHEREAS, the DDA is in the process of developing a cultural program known as "Beet
Street," (the "Program") the purpose of which is to foster the established performing arts, local
culture and participative sciences community, and intellectual, cultural, physical and spiritual
rejuvenation and growth in downtown Fort Collins through education, participation and
entertainment; and
WHEREAS, the DDA Board has determined that the objectives of the Program can best be
accomplished by forming a private,nonprofit organization to assume control of the Program,since
the creation of such an organization will make additional funding sources available for the Program
and will allow the organization to conduct fundraising efforts and facilitate grant programs; and
WHEREAS,the DDA Board believes that the membership of the board of directors of such
organization should be composed of members of the DDA Board in order to ensure fulfillment of
and consistency with the purposes and objectives of the Program and the DDA and has
recommended to the City Council that such service be specifically authorized as being within the
scope of the DDA Board members' service as appointees of the Council; and
WHEREAS, Section 31-25-807, C.R.S. states that the DDA Board shall have all powers
customarily vested in the board of directors of a corporation and,in addition,the power to implement
its plan of development for the DDA,whether economic or physical;to carry out the purposes of the
DDA as established in the state statute; and to promote the economic growth of the DDA district;
and
WHEREAS,under Section 2-611 of the City Code and under the provisions of the Colorado
Governmental Immunity Act, the City is generally responsible for indemnifying its officers and
employees,including the members of the DDA Board,for any liability incurred bythem arising from
acts and omissions occurring during the performance of their official duties and within the scope of
their employment with the City; and
WHEREAS, the Council believes it to be in the best interests of the City to clarify that the
service of DDA Board members as members of the board of a nonprofit organization to be formed
for the purpose of furthering the Program is within the performance of their duties as DDA Board
members.
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby finds that the future service of DDA Board members
as members of the board of a nonprofit organization formed for the sole purpose of furthering the
Program is within the scope of such members' service with the City as DDA Board members.
Section 2. That this finding is made for the purpose of indemnifying such DDA Board
members as authorized volunteers, to the extent permitted by law, from liability for acts and
omissions occurring during the performance of their official duties for the City, subject to the
provisions and limitations contained in Chapter 2, Article VII, Division 6 of the City Code and
Section 24-10-101, et. seq., C.R.S.
Section 3. That such indemnification shall apply only to the individual DDA members
in their capacity as Council appointees, and nothing herein shall be construed as an assumption of
liabilityby the City for the nonprofit organization referenced above,or for any other public or private
entity; nor shall anything herein be construed as a waiver of the maximum amount that may be
recovered from the City by a person under the Act within the meaning of Section 24-10-114(2)
C.R.S.
Passed and adopted at a regular meeting of the C ci of the City of Fort Coll s this 18th
day of September, A.D. 2007.
i
Mayor
ATTEST:
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City Clerk L