City of Colorado Springs
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File #: 20-018    Version: 1 Name:
Type: Resolution Status: Mayor's Office
File created: 12/26/2019 In control: City Council
On agenda: Final action: 2/11/2020
Title: A Resolution Recognizing the Mayor's Authority to Execute All Intergovernmental Agreements Related to Colorado Department of Transportation Grant Applications and Execution Documents Presenter: Charae McDaniel, Chief Financial Officer
Attachments: 1. FINAL Res Mayoral Auth to Sign CDOT IGA - 01-27-2020, 2. Legal Memo re Mayoral auth for grant app 12-17-2019, 3. Signed Resolution 12-20.pdf

Title
A Resolution Recognizing the Mayor's Authority to Execute All Intergovernmental Agreements Related to Colorado Department of Transportation Grant Applications and Execution Documents

Presenter:
Charae McDaniel, Chief Financial Officer

Body
Summary:
The attached resolution recognizes the authority of the Mayor under City Charter to approve Colorado Department of Transportation (CDOT) grant agreements, which come in the form of intergovernmental agreements (IGAs), without additional approval by City Council.

Background:
In 2010, voters approved wholesale amendments to the Colorado Springs City Charter, changing the City's form of government to a Council-Mayor form of government. Under this form of government, the duties and responsibilities of the legislative and executive/ administrative branches of government are separated and balanced between a nine-member elected City Council (City Charter ? 3-10(a)) and an elected Mayor (City Charter ? 3-10(b) and 4-10). One of the executive/administrative responsibilities of the Mayor is to contract on behalf of the City. City Charter ? 4-10 and 4-40(g). For the contract to be valid and enforceable, there must be sufficient funds appropriated to discharge the City's liability under the contract. City Charter ? 7-60. Appropriation is a legislative duty vested in the City Council. City Charter ? 7-50 and 3-70(a).

In the context of grants, the Mayor has the authority to apply for and accept grants, and City Council has the authority to appropriate the accepted grant funds. Because the Mayor bears the ultimate "responsibility for the proper and effective administration of the City," the Mayor possesses the discretion to apply for grant funds to further operational, administrative, or executive purposes, and to enter into a grant agreement or contract awarding grant funds subject to certain terms and conditions. Council may appropriate grant funds as part of the annual budget and appropriation ordinance or ...

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