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HomeMy WebLinkAboutResolution-2001-0022 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 22-2001 Series of 2001 TITLE: A RESOLUTION RATIFYING APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT WITH THE WHEAT RIDGE URBAN RENEWAL AUTHORITY. WHEREAS, the City Council has approved an intergovernmental agreement between the City of Wheat Ridge and the Wheat Ridge Urban Renewal Authority; and WHEREAS, the City Council wishes to memorialize that approval by resolution. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that the Council's approval of the intergovernmental agreement between the City and the Wheat Ridge Urban Renewal Authority is hereby ratified. rt c} f, DOK. E. o. ~~~OLVED this:1!:L day of "'J~,;1 PI11~} fl'- ,2001. " \' _, ~" -.1-_,) 'r.- ~ ",-- .<"; . ", .. " .;/ "\ ' / -" I' ' _ -'; ".., !,o,., ,. , (__ i f ,- r ;' \, ~ \ ,\ 't: ."-'., ' ) I \ " . ~... . -' / ATTEST: 9J~A cl Wanda Sang, City ~k , 2001 ,2001 Wheat Ridge Transcript GED\53027\38853301 REQUEST FOR COUNCIL ACTION AGENDA ITEM (p, September 10,,200 r. PUBLIC HEARINGS X BIDS/MOTIONS RESOLUTIONS _ ORDINANCES FOR 1ST READING ORDINANCES FOR 2ND READING Quasi-Judicial: Yes ~ No SUBJECT: Intergovel1lll1ental Agreement between the Wheat Ridge Urban Renewal Authonty and the City of Wheat Ridge SUMMARY AND BACKGROUND: The Intergovel1lll1ental Agreement estabhshes the workmg relatIOnshIp between the Authority and the City 111 such matters as the Executlve DIrector of the Authonty, the use of City staff, provlslOn of office space and fumlshmgs, and reimbursement to the CIty for staff tlme and other serVlces. Thls Intergovernmental Agreement replaces the eXlstmg Intergovel1lll1ental Agreement between the parties. ,- \BUDGET IMPACT: i Original budgeted amount: $0 \Actual contracted amount: $0 ,Impact of expenditure on line item: $0 [Budget Account No.: N/ A ~_ __ _ iATTACHMENTS: I , lntergovemmental Agreement --.J STAFF RECOMMENDATION: Approval ORIGINATED BY: Council Member Vance Edwards STAFF RESPONSIBLE: Alan WhIte, Plaruung and Development Director SUGGESTED MOTION: "I move to approve the Intergovernmental Agreement between the Wheat Ridge Urban Renewal Authonty and the Clty of Wheat Ridge." C.'MyFiles\WPFiles\URAIJGA cc.wpd DRAFT INTERGOVERNMENTAL AGREElVlENT BETWEEN THE CITY OF WHEAT RIDGE, COLORADO AND THE WHEAT RIDGE URBAN RENEWAL AUTHORITY TIDS AGREEMENT, effective the _ day of 2001, by and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado municipal corporation ("City"), and the WHEAT RIDGE URBAN RENEWAL AUTHORITY, a body corporate and politic ("Authority"). RECITALS 1. The Colorado Urban Renewal Law, specifically 31-25-112 C.R.S. thereof, authorizes the City and the Authority to enter into agreements of this nature to cooperatively effect all aspects, provisions, administration and operations of urban renewal areas, urban renewal plans and redevelopment projects within the City. 2. In furtherance of the provisions and purposes of the Colorado Urban Renewal Law, 31-25-101 et seq C.R-S., the Authority is engaged in the administration, operation and implementation of urban renewal areas established by the City Council, known as the Wadsworth Boulevard Corridor Urban Renewal Areas, the 38th Avenue Corridor Urban Renewal Area and the Ward Road & 44th Avenue Area Redevelopment Area The Authority also shall be irrvolved in the administration and implementation of the urban renewal plans for said urban renewal areas. 3. The City and the Authority have previously entered into numerous Cooperation Agreements and/or Intergovernmental Agreements regarding the administration, operation and implementation of other urban renewal areas and urban renewal plans within the City. It is the desire of the City and the Authority to rescind all of the previous and existing agreements between the parties and to enter into this sole agreement in accordance -with the terms and provisions herein to govern the relationships, cooperation and coordination of the City and the Authority. 4. To realize the essential coordinated efforts of the City and the Authority to implement urban renewal plans as approved by the City Council and to assist the Authority in procuring various services and assistance therefore, it is necessary and in the public interest that the City and the Authority cooperate to provide administrative services, operational facilities and funding, in addition to other cooperative actions of the City and the Authority as provided in this Agreement. 5 It is the intent of the parties to avoid unnecessary duplication of services, equipment, and employees. Therefore, to this end, this Agreement provides for the Authority and the City to share resources including services, equipment, and personnel when the needs of both entities can be served thereby. 6. It is also the intent and desire of the City and the Authority to specify and clarify the purposes, powers, duties and authorizations of each of the parties with regard to implementation and operations of the urban renewal areas and plans. 7. The parties are also desirous of providing for the elements of cooperation, coordination and trust in each respective govemmental body to carry out the various redevelopmentJurban renewal projects vvithin the City. ARTICLE 1- El\1PLOYEES Section 1. Executive Director. The City Manager has retained or shall retain a Director of Planning and Development andlor 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 hislher time spent on an hourly basis when serving as Executive Director. The Authority shall be responsible for and pay the City for such time expended on Authority matters related to the redevelopment activities, based upon hislher salary and fringe benefits. Section 2. Authority 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. Section 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 the judgment of the City Manager, the assignment of such employee(s) to work for the Authority is impairing the employee(s)' ability to complete hislher City duties. While performing services for the Authority, such City employees shall coordinate their services with the Director. 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. ARTICLE II - PERSONNEL ACTIONS RELATED TO EMPLOYEES Section 1. Notwithstanding Article 1, Section 1, the selection, termination and other personnel actions related to any person performing the functions of the Executive Director oEthe 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 2 Director viS-a.-VIS contemporaneous City duties, if any, and utilization of other City employees. Section 2. The selection, description of duties and services, termination and other persolmel actions related to all other employees, consultants, experts, attorneys and advisors of th.e Authority shall be made by the Authority's Board of Commissioners. Section 3. Personnel actions relating to City employees shall in no manner be affected by this Agreement. In the event of any personnel actiQn 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. ARTICLE IU-SALAroES AND PROCEDURES Section 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 lured 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 willi the City; and the portion thereof attributable to the Authority sball be allocated and paid as provided in this Agreement. Section 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. ARTICLE IV - OTHER SERVICES Section 1, The City may provide the Authority with such other services as may be required in order to perfoIDl its urban renewal functions including, but not limited to, accounting, financial and budget management, planning services 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. Section 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. ARTICLE V -OFFICE SPACE; FURNISIDNGS 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 3 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. ARTICLE VI - OPERATIONS JNTEGRATION Section 1. City Codes. The Authority shall comply with applicable City ordinances, codes, rules and regulations related to the development and/or redevelopme.nt of the urban renewal areas, except as provided otherwise in the urban renewal plans and the Colorado Urban Renewal Law. Section 2. Re~lOrts to Council. The City Council shall be informed of the activities, functions, operations, legal processes and financiallbudgetary administration and condition of the Authority on a periodic basis and as requested by Council. Section 3. Meetings. The Board of Commissioners and City Council shall meet at the request of the Council to conununicate and coordinate activities, functions and share ideas and actions related to carrying out urban renewal and/or redevelopment projects Section 4. Powers of Authority. The parties acknowledge and agree that the Board ofCorrunissioners shall exercise all powers provided in the Urban Renewal Law (a copy of such powers is attached hereto as Appendix. A and made part hereof) and as provided in the urban renewal (redevelopment) plans adopted by Council. ARTICLE vn - INSURANCE the Authority shall pay for its own public liability insurance and other insurance reqmrements; provided, however, that the City and the Authority agree 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. ARTICLE vm - REIMBURSEMENT OF CITY The Authority shall reimburse 'the City for salaries, rents and costs incurred by the Clty 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 perfonned or provided by the City so that the Authority might properly determine the funds to which costs are to be 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 eW'liest practicable time; however, the parties agree that this obligation of the Authority shaH not 4 impair the ability of the Authority to obtain debt financing, if necessary Therefore, the fInancial obligation created hereunder shall be subordinate to any fmancial 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. ARTICLE IX - CITY AND AUTHORITY 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 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 regulatlOns. ARTICLE X - RESCISSION OF ALL PREVIOUS AGREEMENTS All existil1g!prior cooperation agreements andlor intergovernmental agreements between the City and the Authority are hereby rescinded. The tenus of this Agreement shall control the relationship between and activities of the City and the Authority. ARTICLE XI - TERMINA nON This Agreement may be terminated by the mutual consent of the parties at any time after giving at least tlurty (30) days written notice of intention to SO tenninate; provided, however, termination oftms 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. The parties have executed this Agreement effective on the date provided above. 5 CITY OF WHEAT RIDGE By Mayor ATTEST' City Clerk WHEA T RIDGE URBAN RENEWAL AUTHORITY By Chair ATTEST: Secretary 6 City of Wheat Ridge Planning and Development Department Memorandum I \ TO: FROM: Alan White, Director of Planning & Development SUBJECT: City Council Packet Item #6 DATE: September 6, 2001 Attached IS an Appendix A to the Intergovernmental Agreement between the City of Wheat Ridge and Wheat Ridge Urban Renewal Authonty which was omitted from the City Council packet (Item #6) for the September 1 Q'h meeting. CO Colorado Re~ised Statutes 31-Z5~105. Powers of an authoritY. (1) Every authority has all the powers necessary or convenient to ~arry out and effectuate the pUrposes and provisions of this part 1, including, but not limited to, the following powers in addition to others granted in this part 1: (a) To sue and to be sued; to adopt and have a seal and to alter the sa~e at pleasure; to have perpetual succession; to make, and from time to time amend and r@p@al, bylaws, orders, rules, and regu~ations to effectuate the proviSions of this part 1; (bl To undertake urban renewal projects and to make and execute any and all contracts and other instruments which it may deem necessary or convenient to the exercise of its powers under this part 1, ~ncluding, but not limited to, contracts for advances, loans, grants, and contributions from the !eoeral government or any other source; (e) To arrange for the furnishing or repair by any person or public body of services, privileges, works, streets, roads, pUblic utilities, or educational or other facilities for or in connection with a proJect of the authority; to dedicate property acquired or held by it for public works, improvements, facilities, utilities, and purposes; and to agree, in connection with any Of its contracts, to any conditions that it deems reasonable and appropriate under this part 1, including, but not limited to, conditions attached to federal financial assistance, and to include in any contract made or let in connection with any project of the authority provisions to fulfill s~ch of said conditions as it may deem reasonable ano appropriate; (d) To arrange with the municipality or other public body to plan, replan, zone, or rezone any part of the area of the municipality or of such other public body, as the case may be, in connection with any project proposed or being undertaken by the authority under this part 1; (e) To enter, with the consent of the owner, upon any building or property in order to make surveys or appraisalS and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted; to acquire any property by purcnase, lease, option, gift, grant, bequest, devis8, or otherwise to acq~ire a~y interest in property by condemnation, including a fee simple absolute title thereto, in the manner provided by the laws of this state for the exercise of the power of eminent domain by any other public body (and property already devoted to a public use may be acquired in a like manner except that no property belonging to the federal goverr~ent or to a public body may be ac~~ired without its consent); except that any acquisition of any interest in property by condemnation by an authori~y must be approved as part of an urban renewal plan Or substantial modification thereof, as provided in section 31-25-107, by a majority vote of the governing body of the municipality in which such property is located; to hold, improve, clear, or prepare for redevelopment any such property; to mortgage, pledge, hypothecate, or otherwise encumber or dispose of its property; and to insure or provide for the insurance of any property or operations of the authority against any risks or hazards; except that no provision of any other law with respect ~o the planning or undertaking of projects or the acquisition, clearance, or dispositio~ of property by public bodies shall restrict an authority exercising powers under this part 1 in the exercise of such functions with respect to a project of such authority unless the general assembly specifically 50 stateS; (f) (I) To invest any of its funds not required for i~~ediate discursement in property or in securities in which public bodies may legally invest funds subject to their control pursuant to part 6 of article 75 of title 24, C.R.S., and to redeem such bonds as it has Date Printed: August 31, 2001 2:09:50 PM h~~/ CO Colorado Revised Statutes issued at tr.e redemption pr~e '@stablished therein or to purcl~~ ;uch bonds at less than redemption price, all such bonds so redeemed ,r purchased to be cancelled; (II) To deposit any funds not required for immediate disbursement in any depository authorized in section 24-75-603, C.R.S. For the Jurpose of making such deposits, the a~thority may appoint, by .ritten resolution, one or more persons to act as custodians of the funds of the authority. Such persons shall give surety bonds in such ~ounts and form and for such purposes as the authority requires (g) To borrow money and to apply for and accept advances, loans, ;rants, and contributions from the federal government or other source for any of the purposes of this part 1 and to give such security as nay be required; (h) To make such appropriations and expenditures of its funds and to S€t up, establish, and maintain such general, separate, or special funds and bank accounts or other accounts as it deems necessary to =arry out the purposes of this part 1; (i) To make or. have made and to submit or resubmit to the governing cody for appropr~ate action the authority's proposed plans and nodifications thereof necessary to the carrying out of the purposes ~f this part 1, such plan shall include, but not be limited to: (I) Plans to assist the municipali~y in the latter's preparation of ~ workable program for utilizing appropriate private and public resources to eliminate and prevent the development or spread of slum and blighted ar~as, to encourage needed urban rehabilitation, to 9rovide for the redevelopment of slum and blighted areas, or to undertake such activities or other feasible municipal activities as nay be suitably employed to achieve the objectives of such workable program, which prog~arn may include, without limitation, provision for: The prevention of the spread of blight into areas of the ~unicipality which are free from blight through diligent enforcement ~f housing. zoning, and occupancy controls and standards; the rehabilitation or conservation of slum and blighted areas or portions thereof by replanning, removing congestion, providing pub~ic improvem~nts, and encouraging rehabilitation and repair of deteriorated or deterio~ating structures; and the clearance and red€velopment of slum and blighted areas or portions thereof; (II) Urban renewal plans; 1111) Preliminary plans o,~tlining propos eo urban renewal activities for n~ighborhoods of the municipality to embrace two or more urban renewal areas; (IV) Plans for t~e relocation of. those individuals, families. and business concerns situated in the urban renewal area which will be displaced by the urban renewal project, which relocation plans, without limitation, may include appropriate data setting forth a feasible method for the temporary relocation ot such individuals and f~~il~es and showing that there will be provided, in the urban renewal area or in other areas not generally l~ss desirable ~n rGgard to public utilities and public and co~~ercial facilities and at rents or prices within the financial means of the ~nOividuals and families so displaced, deCent. safe, and sanitary dwellings equal in number to the number of and available to such individuals and families and r~asonably accessible to the~r places of employment; tV) Plans for undertaking a program of voluntary repair and rehabilitation of buildings and improvements and for the enforcement of state and local laws, codes. and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the repair, rehabilitation. demolition, or removal of buildings Date Printed: August 31, 2001 2,09:50 PM CO Colorado Revised Statue' ,nd ~reprovements; (VII financ~ng plans, maps, plats, appraisals, title searches, ;urveys, studies, and other preliminary plans and work necessary or )ertinent to any proposed plans or modifications; (j) To make reason.3.ble relocation payments to or with respect to ,ndividuals, fam~lies, and business concerns situat~d in an urban ~enewal area that will be displaced as provided ~n subparagraph (IV) of paragraph (i) of this subsection (1) for moving expenses and ,ctual direct losses of property includin9, for business concerns, ~oodwill and lost profits that are reasonably related to relocation of the business, resulting from their displacement for which ceitt~ursement or compensation is not otherwise made, including the ~aking of such payments financed by the federal government; (k) To develop, test, and report methods and techniques and to =arry out demonstrations and other activities for the prevention and the elimination of slum and blighted areas within the municipality; (11 To ~ent or to provide by any other means suitable quarters for the use of the authority or to accept the use of such quarters as may oe fu~nished by che municipality or any other pUblic body, and to equ~p such quarters with such furniture, furnishings, equipment, records, and supplies as thE authority may deem necessary to enable it to exercise its powers under this part 1. Date prlnted: August 31, 2001 2:09;50 PM