Title
A Resolution Approving an Amended and Restated Agreement Between The Pikes Peak Regional Water Authority And Colorado Springs Utilities Regarding Associate Member Status
Presenter:
Renee Congdon, Senior Attorney, City Attorney's Office-Utilities' Division
Aram Benyamin, Chief Executive Officer, Colorado Springs Utilities
Body
Summary:
The City Attorney's Office requests that City Council approve a resolution approving an amended and restated agreement between Colorado Springs Utilities ("Utilities") and the Pikes Peak Regional Water Authority ("Authority") regarding Utilities' associate membership in the Authority.
Background:
State law provides that governmental entities may cooperate and contract with one another to provide the functions, services, and facilities lawfully authorized to each of the cooperating or contracting units in the form of an intergovernmental agreement, provided that the agreement is approved by the entities' legislative bodies. C.R.S. ? 29-1-203; see also Colo. Const. art. XIV, ? 18(2)(a),
Whether an agreement between governmental entities is an intergovernmental agreement, or IGA, is somewhat subjective. There is not definition of intergovernmental agreement in state law. There are and have been varying opinions over time as to which agreements should be characterized as intergovernmental agreements and which should not. One test is whether the transaction memorialized in the agreement could be characterized as a business transaction. If so, then the agreement is not likely to be an intergovernmental agreement.
The Authority is a water authority created pursuant to Article XIV, Sections 18(2)(a) and 2(b) of the Colorado Constitution and ? 29-1-204.2 of the Colorado Revised Statutes. The Authority is a separate governmental entity, political subdivision and public corporation of the State of Colorado, which is separate from the entities that formed the Authority. 29-1-204.2(4), C.R.S.
The Authority was formed by a ...
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