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