HomeMy WebLinkAbout2019-046-04/16/2019-AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF FORT COLLINS AND LOVELAND, WITH THE RESOLUTION 2019-046
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITIES OF FORT COLLINS AND LOVELAND,WITH THE OPTION
TO ADD GREELEY, FOR THE EXCHANGE OF JUDICIAL SERVICES,
AND APPOINTING TEMPORARY JUDGES
WHEREAS, on occasion, Municipal Judges may be prevented from sitting on the bench
by reason of personal conflict of interest, illness, vacation, or other reasons, 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 its 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 those of other entities; and
WHEREAS on March 21, 2017, the City Council approved Resolution 2017-034,
Authorizing an intergovernmental agreement ("IGA") between the City,Loveland and Greeley for
the exchange of judicial services through 2018; and
WHEREAS, the 2017 IGA has expired and the Fort Collins and Loveland Municipal
Judges recommend entering into a new IGA through the end of 2020; and
WHEREAS, the City of Greeley has identified a residency requirement that presently
prevents it from continuing to participate in the proposed exchange of judicial services, although
if that requirement can be changed in the near future, Greeley would like the option to enter into
an IGA with Fort Collins and Loveland; and
WHEREAS, Article VII, Section 1 of the City Charter sets forth the requirements for the
appointment of the Municipal Judge and temporary judge, including that the temporary judge be a
reputable and qualified attorney; and
WHEREAS, the City Council has the authority to designate reputable and qualified
attorneys to serve as temporary judges through calendar year 2020; and
WHEREAS, the City Council recognizes that the Loveland Municipal Judge, the
Honorable Geri Joneson, the Loveland Deputy Municipal Judge, the Honorable Marco Scalise,
and the Greeley Municipal Judge, the Honorable Mark Gonzales, are reputable and qualified
attorneys; and
WHEREAS, City staff has discussed with Loveland's representatives the proposed terms
of an intergovernmental agreement providing for the exchange of judicial services if needed to
temporarily substitute when a Municipal Judge and temporary or assistant judges are unavailable,
including the provision of replacement judicial services and compensation for costs directly
incurred to provide such services;and
4-
WHEREAS; pursuant to Colorado Revised Statutes Section 29-1-203, governments may
cooperate or contract with one another to provide any function or 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 IGA between the City and Loveland in support thereof with
the option to amend the IGA in the future to add Greeley.
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.
Section 2. That the City Council hereby authorizes the Mayor to execute an
intergovernmental agreement between the City and the City of Loveland, consistent with this
Resolution, for the purpose of appointing Judge Geri Joneson and Judge Marco Scalise as the
temporary judges for Fort Collins, 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.
Section 3. That if the City of Greeley wishes to participate in the intergovernmental
agreement, the City Council further authorizes the Mayor to execute an amended
intergovernmental agreement, consistent with this Resolution, for the purpose of adding Greeley
as a party and appointing.Judge Mark Gonzales as a temporary judge for Fort Collins, 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.
Passed and adopted at a regular meeting of the Council of the Cit ort Collins this 16th
day of April, A.D. 2019.
ayor _
ATTEST:
OF FORre
city cI SEAL
cOtORpOo
-2-