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HomeMy WebLinkAboutResolution-1985-0936 RESOLUTION NO. 936 Series of 1985 TITLE: RESOLUTION APPROVING THE SUBMISSION OF A GRANT APPLICATION FOR THE EXPANSION/RENOVATION OF THE WHEAT RIDGE SENIOR CENTER TO THE COLORADO DEPARTMENT OF LOCAL AFFAIRS, UNDER THE SMALL CITIES PROGRAM OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG). WHEREAS, The City Council of the City of Wheat Ridge recognizes the need for renovation and expansion of the Wheat Ridge Senior Center, 6363 West 35th Avenue to improve the existing facility and provide for program demands that provide quality of life through leisure services to the citizens of Wheat Ridge; and WHEREAS, this project will meet imminent leisure services needs for a majority of low and moderate income persons in the affected area; and WHEREAS, the City Council has held a public hearing on February II, 1985 on the application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado that the City of Wheat Ridge hereby authorizes the Department of Parks and Recreation to submit the project application to the Department of Local Affairs for a Small Cities Block Grant. DONE AND RESOLVED on this 11th day of February 1985. ~ \~ ' r~n{"s1~S~MaYOr ATTEST: ~{'12d~ Wanda Sang, " INTERGOVERNMENTAL AGREEMENT POR COMMUNITY CORRECTIONS IN JEFFERSON COUNTY, COLORADO THIS AGREEMENT is made and entered into this 20th day of Jrme , 1983, by and between the COUNTY OF JEFFERSON, a body politic and corporate, hereinafter calleJ "COUNTY"; the CITY OF ARVADA, a municipal corporation, hereinafter called "ARVADA" ; the CITY OR LAKEWOOD, a municipal corporation, hereinafter called "LAKEWOOD" and the CITY OF I'JHEAT RIDGE, a municipal corporation, hereinafter called "WHEAT RIDGE". WITNESSETH: WHEREAS, Article 27 of Title 17 of the 1973 Colorado Revised Statutes, as amended, authorizes community correctional facili- ties and programs within the State of Colorado. WHEREAS, said Article provides for participation by local units of government of said State in the creation and operation of such facilities and programs; WHEREAS, Section 102(5) of said Article defines "(u)nit of local government" as "a county, city and county, city, or town, or a service authority which may be established pursuant to Section 17 of Article XIV of the State Constitution"; WHEREAS, Section 102(2) of said Article defines "corrections board" as "the governing board of any unit of local government, or a corrections board which may have been appointed by the governlng body of any unit of local government pursuant to this Art....cle"i WHEREAS, Section 103(2) provides that "the governing board of any local unit of local government may establish, by resolution or ordinance, a corrections board, which may be advisory or functional"; WHEREAS, said Section further provides "if a corrections board is established by resolution or ordinance, that governing board may delegate to such corrections board any powers necessary to accomplish the purpose of this Article"; WHEREAS, by 517-27-103(3) a corrections board "may establish and enforce standards" of operation, and shall together with the department (of Corrections) or judicial district "establish pro- cedures for screening offenders" for placement, and authorized to "accept, reject or reject after acceptance the placement of any offender" pursuant to agreement with the department or judicial district; WHEREAS, a county community corrections board "shall have the right to accept, reject or reject after acceptance any offender placed by the department in any facility within the community" where said placement is "transitional" (an offender released from confinement by the Department of Corrections for placement in a community corrections facility prior to total release), this pur- suant to Section 17-27-113(2) C.R.S. 1973 as amended; WHEREAS, the City Councils of ARVADA and LAKEWOOD each has adopted a resolution of intent indicating its desires to delegate its community correction board powers and authority to one uni~ied, county-wide community corrections board in Jefferson County; WHEREAS, it has been contemplated that ARVADA, LAKEWOOD and WHEAT RIDGE (and any other city or town in Jefferson County desiring to do so) would each delegate its powers as a community corrections board to the Jefferson County Board of county Commissioners who in turn would create a functional community corrections board and would delegate, except for certain reserved powers hereinafter stated, such powers to the created community corrections board; WHEREAS, Section 18(2) of Article XIV of the Colorado Constitution provides in pertinent part: Nothing in this Constitution shall be construed to prohibit the state or any of its political sub- divisions from cooperating or contracting with one another .,. to provide any function, service, or facility lawfully authorized to each of the cooperating or contracting units. Nothing in this Constitution shall be construed to prohibit the authorization by statute of a separate governmental entity as an instrument to be used through voluntary participation by cooperating or contracting political subdivisions. -2- WHEREAS, ~ 29-1-102, C.R.S 1973 as amended, provides: The purpose of this part 2 is to implement the provi- sions of Section 18(2)(a) and (2)(b) of Article XIV of the State Constitution, adopted at the 1970 General Election, and the amendment to section 2 of Article XI of the State Constitution, adopted at the 1974 General Election, by permitting and encouraging governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other governments, and to this end part 2 shall be liberally construed. WHEREAS, ~ 29-1-203, C.R.S. 1973 as amended, provides in per- tinent part: (1) Governments may cooperate or contract with one another to provide any function, service, or faci- lity lawfully authorized to each of the cooperating or contracting units, ..., only if such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve. (2) Any such contract shall set forth fully the purposes, powers, rights, obligations, and respon- sibilities, financial and otherwise, of the contracting parties. WHEREAS, the Board of County Commissioners of the COUNTY and the City Councils of ARVADA, LAKEWOOD and WHEAT RIDGE, respec- tively, have reviewed and considered the foregoing and are satis- fied that an intergovernmental agreement among the parties hereto should be made which provides for the establishment of one func- tional community corrections board for all the parties hereto which board would have delegated to it full powers under ~17-27-101 et seq., C.R.S. 1973 as amended, except certain powers specifi- cally reserved to the Jefferson County Board of Commissioners; and WHEREAS, said Board and said City Councils are satisfied said intergovernmental agreement would be in the best interests of the public welfare and safety. NOW, THEREFORE, in consideration of the mutual covenants and promIses contained herein, and for other good and valuable con- sideration, sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. Creation of Functional Community Corrections Board. The parties hereto, by proper authority of the Board of County Commissioners of the County of Jefferson and the respec- tive City Councils of ARVADA, LAKEWOOD and WHEAT RIDGE agree to -3- and do hereby create and establish a functional community correc- tions board pursuant to ~17-27-103(2), C.R.S. 1973 as amended, to be known as the "Jefferson County Corrections Board" hereinafter called JCCB. The JCCB shall have fifteen members. Two members shall be judges who sit in Jefferson County, one County Court and one District Court. One member each shall be a representative of the following entities, agencies or organizations: Jefferson County Board of County Commissioners, the District Attorney's Office for the First Judicial District, Jefferson County Sheriff's Department, City of ARVADA, City of LAKEWOOD, City of WHEAT RIDGE, Jefferson County Coalition of Cities, Probation Department for the First Judicial District, Jefferson County Department of Social Services, Jefferson County Mental Health Center, First Judicial District Bar Association, Police Department of ARVADA, or LAKEWOOD or WHEAT RIDGE. An at-large resident of the County shall also be a member of the Board. The parties hereto agree that the Board of County Commissioners of the County shall make all ~ppointments to the Board both initially and when vacan- cies occur. However, as to non-county agencies, organizations or entities, the Board of County Commissioners will give notice to the affected entity and solicit nominations for appointment. Within fifteen (15) days of execution of this Agreement ARVADA, LAKEWOOD and WHEAT RIDGE shall each present one nomination to the Board of County Commissioners. The chiefs of police in each of the three cities should agree to the nomination of one represen- tative of three departments and submit that one nomination within said fifteen days. From the Jefferson County Coalition of Cities, one nomination shall be solicited and accepted, As to the District Court and County Court judge positions, the nomIna- tions of the Chief Judge of the First Judicial District, shall be solicited and accepted. As to the Probation Department posi- tion, one nomination by the Chief Probation Officer shall be solicited and accepted. As to the First Judicial District Bar Association, one nomination shall be solicited and accepted. -4- II. Delegation of City Community Corrections Powers to County. ARVADA, LAKEVJOOD and "VHEAT Plf\GE, hy proper ilut.hori t.y oj' their respective City Councils, do severally hereby delegate to the Jefferson County Board of County Commissioners all of their community corrections powers, rights and duties which can he delegated pursuant to ~17-27-10I, et seq., C.R.S. 1973 as amended. This delegation shall be in perpetuity unless and until it is no lon0er lawful or this Agreement is properly amended or terminated as provided herein. participation in this Agreement as a party by an city or town does not obligate such party to any financial contribution, unless and until such party specifically agrees to same by amendment hereto or by other lawful express action by such party for that purpose. III. Delegation of Community Corrections Powers to the JCCB. Effective upon appointment of at least nine members to the JCCB and upon execution of thisi\greernent, by the C()[JNTY and at least one of the other parties hereto, the Board of County Commissioners does delegate t.o the JCCR all the powers, rights and duties which can be delegated by the Roard of County Commissioners pursuant to ~17-27-l01, et seq., C.R.S. 1973 as amended, including those powers then delegated to the Roard of County Commissioners by i\RVADA, LAKE~)()D and/or WHP.AT RIDGE, except the R00rd of County Commissioners specifically reserves the power to appoint and remove, without cause, members of the JCCB; the power to dissolve the JeeR; the right to approve or disapprove, after a public hearing, the establishment of any state operated community corrections facilities within the county; the right to approve or disapprove the establishment of any non-governmental community corrections facility to be located within the county; and the right to review, prior to its taking effect any contract or agreement between a non-governmental com- munity corrections agency and the state Department of Corrections concerning the transfers of offenders to any facility located in Jefferson County. The Roard of County Commissioners promises to -5- appoint nine members within ten (10) days of the execution of this Agreement. Community corrections powers may be delegated to the Jefferson County Board of County Commissioners by other cities or towns in Jefferson County after the effective date of this Agreement. Each such delegation shall be deemed and is hereby declared to be a delegation to the JCCB through the Board of County Commissioners and subject to the reservation of powers described in this section III. IV. Effective Date of Agreement. The effective date of this Agreement shall coincide with the date of delegation of powers to the JCCB as described in section III above. The effective date as to parties added thereafter shall be the date this Agreement is executed by such party. V. JCCR organization Meeting. Within ten (10) days of the appointment of at least nine mem- bers to the JCCB, said members shall hold an organization meeting, with minutes duly taken, at which time the JCCB shall elect a chairman, a vice-chairman, a secretary and other such officers which are necessary for the operation of the Board. The JCCB shall also set a regular meeting schedule which shall, at least, be once per month. Within sixty (60) days of the organization meeting, the JCCR shall adopt by-laws for its own operation and file a copy of same with the Board of County Commissioners and with the City clerks of ARVADA, LAKEWOOD and WHEAT RIDGE. VI. Reports. At the end of each quarter in the calendar year, the JCCB shall report in writing to the Board of County Commissioners regarding its activities. a. The JCCB shall maintain adequate books and accounting records and minutes of meetings and shall furnish to the County such fiscal account- ability records as may be reasonably necessary at such dates and times as the County may deter- mine, by regulation and directives, in order for -6- the COUNTY to discover whether or not the JCCB'S expenditure of funds is proper. Said material shall he available for inspection and audit by the Jefferson County Director of Administrative Services and his agents and/or designee at all reasonable times during the Agreement period and for three (3) years from the date of ter- mination hereof. Copies of such records shall be furnished to the County by request. b. In addition, the JCCB shall furnish to the Director of Administrative Services a monthly financial statement on a form to be designated by the Director compatible with the County's accounting procedures. c. The preparation of all detailed accounting reports required in this paragraph shall he the responsibility of the JCCB's chairman. d. If for any reason it becomes necessary for these reports to be prepared by another, the JCCB shall inform the County 1n writing of its designee and the County shall approve of such person by written resolution pr10r to his or her commencement of such duties. e. The JCCR shall be subject to such further rules, regulations and policies concerning accounting, records, payment and expenditure of funds, and submission of accounting records as may be prescribed from time to time by the County Director of Administrative Services. VII. Client Records. All client records and similar records made or obtained by the JCCB during the term of this Agreement shall not be destroyed -7- or otherwise disposed of without prior written approval from the Board of County Commissioners or until at least six (6) years have passed after the termination of this Agreement. As to those records, the JeeR shall respect all rights of privacy of indivi- duals as required by the laws and regulations related thereto, and it shall obtain any necessary consent prior to disclosure of any information contained in such records. All records main- tained by the JCCB shall be available for inspection without notice by appropriate representatives of any party hereto to ensure compliance with the terms herein. This provision shall survive the termination of this Agreement. VIII. Early Termination. Any party may terminate any participation under this Agreement or this Agreement at any time by giving written notice one hundred-eighty (180) days in advance to all other parties and to the Chief Judge of the District Court of the First Judicial District and the presiding Judge of the County Court of the County of Jefferson. IX. Notice to Parties. All Notices by one party to another required under this Agreement shall be in writing and served personally or sent by certified mail, return receipt req\'ested, postage prepaid and properly addressed. Service, if by mail, shall be complete as of the date of mailing thereof. Proper addresses of the respective parties for purposes of notice shall be as follows: COUNTY: Jefferson County Board of County Commi,sioners c/o County Attorney's Office 1700 Arapahoe street Golden, CO 80419 ARVADA: City of Arvada 8101 Ralston Road Arvada, CO 80002 LAKE,,~OD: city of Lakewood 44 Union Boulevard Lakewood, CO 80228 WHEAT RIDGE: Municipal Building 7500 W. 29th Avenue Wheat Ridge, CO 80033 -8- .' x. Amendment or Modification. No amendments or modifications of this Agreement shall be valid or binding unless expressed in writing and executed by the parties hereto in the same manner as the execution of this Agree- ment except any city or town in Jefferson County may join in this Agreement without further approval by parties hereto by delegating, by proper resolution or ordinance, its community corrections powers to the Board of County Commissioners and by executing a replicate of this Agreement then in effect. XI. Officials Not to Benefit. No member of the County or City government, Commissioners or Council persons or individual officers elected therein shall be admitted to any share or part of this Agreement or any benefit that may arise therefrom. XII. Venue. Venue for any and all legal actions regarding transactions covered herein shall lie in the District Court in and for the County of Jefferson, State of Colorado, and this transaction shall be governed by the laws of the state of Colorado. IN WITNESS WHEREOf, the parties hereunto have caused their respective names and seals to be affixed hereto, as of the day ~ j', f n ~,~ "r(. and year here-inabove 'set forth. .;. , .. .. '.~ JEFFERSON COUNTY, STATE OF COLORADO ATTEST: (Seal) :: f .-.: . - ~: ..~~ . ;l,. ,,' .r-")~ '.,." ',-...... ," .'''' . - ~ :- " ?2-: ;/ /<J . . }.o [~~r-V ,j ://lf~~j:; 'v Deputy Clerk and Recorder , ~\~~A'! man, Boar of County ssioners CITY OF ARVADA, STATE OF A ATTEST: (Seal) / )~d.-. / JcnJ " ,J Ci Y Clerk -9- -- ATTEST: ( Seal) TO PORM: t~~ ATTEST: (Seal) ^ 5t nLd?<#-<i City Clerk j APPROVED AS TO fORM: ------ ity Attorney APPROVED AS TO FORM: Assistant County Attorney -10- CITY OF LAKEWOOD, STATE OF COLORADO dl / , /; ,/ By IMv :z/ William E. Kirchhoff City Administrator , CITY OF WHEAT RIDGE, STATE OF COLORADO -- / '-<,,/'I" I;~L~ / Frank S~ites, Mayor TENT: