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HomeMy WebLinkAboutURA Resolution 2006-03 WHEAT RIDGE URBAN RENEWAL AUTHORITY RESOLUTION NO. 3-2006 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT, AS AMENDED, BETWEEN THE WHEAT RIDGE URBAN RENEWAL AUTHORITY AND THE CITY OF WHEAT RIDGE BE IT RESOLVED BY THE WHEAT RIDGE URBAN RENEW ALAUTHORITY, THAT: Section I. The Intergovernmental Agreement, as amended, between the Wheat Ridge Urban Renewal Authority and the City of Wheat Ridge, attached hereto as Exhibit A, is hereby APPROVED, and the Chairman ofthe Authority is authorized to execute the same on behalf ofthe Authority. Section 2. Resolution No. 2-2006 is hereby rescinded. DATED this 18th day of Julv, 2006. -r-~t~ Terrell Williams, Chair ATTEST: ~~~f~~ Ann Lazzeri, Secretary APPROVED AS TO FORM: 07/19/06 C.'\DOCUMENTS AND SETTINGSIKFIELDILOCAL SETTlNGSITEMPORARY INTERNET FILESIOLK29IJGA-RES-2.DOC EXHIBIT A Intergovernmental Agreement [Attached) GED\53027\456680.1 Intergovernmental Agreement This Intergovernmental Agreement is entered into between the City of Wheat Ridge, Colorado (the "City") and the Wheat Ridge Urban Renewal Authority (the "Authority") as of the 26th day of June, 2006, together referred to as the "Parties.". In consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which are acknowledged, the Parties agree as follows: 1. Purpose of AQreement This Agreement is entered into in order to establish the rights and responsibilities of the City and the Authority with respect to: (1) operational assistance and (2) the sales tax increment applicable to the Wheat Ridge Town Center. 2. Operational Assistance A. Employees. 1. Executive Director. The City Manager has retained or shall retain a Director of Community Development and/or a Director of Economic Development and the Authority has retained said person as the Executive Director of the Authority. When the Executive Director of the Authority is also an employee of the City, he/she shall maintain records of his/her time spent on an hourly basis when serving as Executiye Director. The Authority shall be responsible for and pay the City for such time expended on Authority matters related to the development activities, based upon his/her salary and fringe benefits. 2. Authoritv Employees. The Authority has and may continue to retain the professional services of other staff, consultants, advisors, experts and legal counsel as necessary and in accordance with the Urban Renewal Law. 3. City Employees. Upon request of the Director of the Authority, and subject to approval of the City Manager or his designee,' City employees may be assigned to work for the Authority. Such approval of the Manager shall include the right to limit or to withhold assignment of City employees to work for the Authority if, in judgment of the City Manager, the assignment of such employee(s) to work for the Authority is impairing the employee(s)' ability to complete his/her City duties. While performing services for the Authority, such City employees shall coordinate their services with the Director. 4. Employment Records. While serving as employees for or providing services to the Authority, records shall be maintained of such City employees' work, time and services. The expenses of such services attributable to the Authority shall be billed to the Authority by the City. WRURA IGA B. Personnel Actions Related to Employees 1. Notwithstanding Section 2.A.1, the selection, termination and other personnel actions related to any person performing the functions of the Executive Director of the Authority, who is not a City employee, shall be made by the Board of Commissioners of the Authority. The Board of Commissioners of the Authority agrees to consult with the City Manager prior to the retention of an Executive Director regarding methods and areas of cooperation between the Authority and the City relating to duties of the Executive Director vis-a.-vis contemporaneous City duties, if any, and utilization of other City employees. 2. The selection, description of duties and services, termination and other personnel actions related to all other employees, consultants, experts, attorneys and advisors of the Authority shall be made by the Authority's Board of Commissioners. 3. Personnel actions relating to City employees shall in no manner be affected by this Agreement. In the event of any personnel action relating to any City employee while working under the terms and provisions of this Agreement, such action shall be subject to the City's personnel rules and regulations. . C. Salaries and Procedures 1. The salary of the Executive Director of the Authority shall be established by the Board of Commissioners of the Authority; provided, however, in the event the Executive Director hired by the Authority is also a City employee, the Authority agrees that his/her total salary shall be in accordance with the salary set by the City for the Director's position with the City; and the portion thereof attributable to the Authority shall be allocated and paid as provided in this Agreement. 2. The salaries/fees of all other employees, consultants, experts, attorneys and advisors of the Authority shall be established by the Board of Commissioners of the Authority. Any Authority employee may be included in benefit programs available to City employees and the Authority shall pay for the costs thereof. D. Other Services 1. The City may provide the Authority with such other services as may be required in order to perform its urban renewal functions including, but not limited to, accounting, financial and budget management, planning services 2 and engineering services; provided, however, that nothing herein shall be construed as prohibiting the Authority from contracting with or retaining third parties to provide all or a portion of any services. Records of all expenses and salaries related to such City services shall be maintained, and the Authority shall be billed by the City and pay the City therefore. 2. Annual or any special financial audits shall be performed by the City's independent auditor. All costs of any such audit or financial services shall be billed to and paid by the Authority. E. Office Space: Furnishinqs The City may make available appropriate office space and office equipment to the Authority. All furnishings, equipment and supplies for the Authority may be acquired by the Authority or rented from the City. All furnishings and equipment loaned or rented to the Authority by the City shall be billed to and paid by the Authority and remain the property of the City. All furnishings and equipment acquired by the Authority shall become the property of the City upon the dissolution of the Authority. F. Operations Inteqration 1. Citv Codes. The Authority shall comply with applicable City ordinances, codes, rules and regulations related to the development and/or redevelopment of the urban renewal areas, except as provided otherwise in the urban renewal plans and the Colorado Urban Renewal Law. 2. Reports to Council. The City Council shall be informed of the activities, functions, operations, legal processes and financial/budgetary administration and condition of the Authority on a periodic basis and as requested by Council. 3. MeetinQs. The Board of Commissioners and City Council shall meet at the request of the Council to communicate and coordinate activities, functions and share ideas and aCtions related to carrying out urban renewal and/or redevelopment projects. 4. Powers of Authoritv. The parties acknowledge and agree that the Board of Commissioners shall exercise all powers provided in the Urban Renewal Law and as provided in the urban renewal (redevelopment) plans adopted by Council. G. Insurance The Authority shall pay for its own public liability insurance and other insurance requirements; provided, however, that the City and the Authority agree 3 to include the Authority as an additional separate insured within the existing liability insurance coverages as a part of the services to be provided by the City to the Authority under the terms and provisions of this Agreement. H. Reimbursement of Citv The Authority shall reimburse the City for salaries, rents and costs incurred by the City in providing employees, insurance, equipment, facilities, services and supplies as provided herein. The City shall file invoices with the Authority each quarter for employees, facilities, equipment and services rendered during the immediately preceding quarter, including therein all costs of providing same. Such invoices shall be in sufficient detail and include all costs incurred by the City and shall sufficiently designate the types of services performed or provided by the City so that the Authority might properly determine the funds to which costs are being charged. Upon approval of such invoices by the Commissioners, the Authority shall make arrangements with the City to pay said invoices. It is the intent of the parties that the expenses be paid to the City at the earliest practicable time; however, the parties agree that this obligation of the Authority shall not impair the ability of the Authority to obtain debt financing, if necessary. Therefore, the financial obligation created hereunder shall be subordinated to any financial obligations, bonds, notes or other debt financing issued by the Authority. The total funds due the City by the Authority as provided herein shall bear interest at a rate agreed upon by the City and the Authority. It is the intent of the parties that the said principal and interest shall be paid in full by the Authority to the City from funds available to the Authority, including but not limited to, sales and property tax incremental funds. 3. Wheat Ridqe Town Center Sales Tax Increment A. Sales Tax Increment Defined The City imposes a sales tax of 3% on retail sales within the City. The City has adopted the Wheat Ridge Town Center Urban Renewal Plan which was amended in 2000, which provides for utilization of a sales tax increment in the commercial area east of Wadsworth Boulevard known as the "Town Center Project". Sales taxes collected on retail sales within the Town Center Project Area, as amended and as shown in Exhibit 1, are subject to an allocation formula whereby a portion of such sales taxes in excess of a defined base represents the "increment," or increased sales tax revenue, attributable to new retail activity within the Town Center Project. This increment is shared with the Authority pursuant to intergovernmental agreement between the Authority and the City. The City's "base" for calculating the increment was established in January 1981 at $528,330. 4 B. Town Center Urban Renewal Plan Amendment In 2000, the City Council adopted an amendment to the Town Center Urban Renewal Plan which removed the "northern half' of the urban renewal area from urban renewal designation. The deleted area was subsequently included in the Wadsworth Boulevard Corridor Redevelopment Plan. C. Sales Tax Increment Allocation The Parties agree that the Town Center Project sales tax increment, as defined at Section 3.A hereof, shall be allocated between them as follows: 1. For all sales after January 1, 2006 irrespective of actual sales tax receipts, the City shall retain an amount equal to the sales tax receipts attributable to the Safeway store for the period November 1, 1994 through October 31,1995. 2. After accounting for this retainage, the City and the Authority shall each receive 50% of the remaining sales tax increment from the Wheat Ridge Town Center Project. 3. The maximum sales tax increment for the Wheat Ridge Town Center Project paid to the Authority shall not exceed $100,000 in any fiscal year. The Authority's share of Town Center sales tax increments shall not exceed that figure in any case. 4. On or before June 27, 2006, the City shall make a one time payment to the Authority in the amount of $100,000, to account for outstanding obligations of the Authority and in consideration of the mutual revocation of the previous agreements related to allocation of the sales tax increment. 5. The sales tax increment for the Wheat Ridge Town Center is hereby extended to and including December 31,2008. D. Ratification of Prior Actions The City and the Authority waive any claim for under or overpayments between them for all years prior to 2006. The City and the Authority each hereby ratify all prior actions taken by the other in reliance on prior intergovernmental agreements between them. 4. Citv and Authoritv Separate Nothing in this Agreement shall be interpreted in any manner as constituting the City or its officials, representatives, consultants or employees as the agents or employees of the Authority, or the Authority or its officials, representatives, consultants 5 or employees as the agents or employees of the City. Each entity shall remain separate, subject to the cooperation and coordination of each entity's respective duties and powers with regard to urban renewal (redevelopment) activities. Neither party shall hereby assume the debts, obligations or liabilities of the other. The Authority shall be responsible for carrying out its duties and functions in accordance with the Colorado Urban Renewal Law, the urban renewal plans and other applicable laws and regulations. 5. Effect on Prior Aqreements All existing/prior cooperation agreements and/or intergovernmental agreements between the City and the Authority are hereby rescinded. The terms of this Agreement shall control the relationship between and activities of the City and the Authority. 6. Termination, This Agreement may be terminated by the mutual consent of the parties at any time after giving at least (30) days written notice of intention to so terminate; provided, however, termination of this Agreement shall not release the Authority from its obligation to pay the funds due the City as provided herein, unless such obligation is specifically terminated by the City. 7. No Debt Nothing herein shall be construed as constituting any multi-year fiscal obligation within the meaning of Article X, Section 20 of the Colorado Constitution, it being the intention of the parties that all fiscal obligations herein be subject to annual appropriation. 8. Further Assurances The Parties agree to take such further acts as necessary to implement the provisions of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. WHEAT RIDGE URBAN RENEWAL AUTHORITY ~2(? {(~ Chair By: 6 STATE OF COLORADO ) ) ss. County of Jefferson ~he foregoing instrument was. acknowledged before - ,2006 bywrd / de. Ed /JiLln".; as (!h ,'1'" idg rban Renewal Authority. me this ~ day of of the Wheat Notary Public My Commission expires: .5/..2../.:<. 0 J () if') By: 1/' Jefry ATTEST: AS TO FORM: ~n...& v-- .' amela Anderson, City Clerk 1ff" I I I 7 STATE OF COLORADO ) ) ss. County of Jefferson The foregoing instrument was acknowledged before me this .<{pfft day of .Jwu... , 2006 by Jerry DiTullio as Mayor and Pamela Anderson as City Clerk of the City of Wheat Ridge, Colorado. Witness my hand and official seal. 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