HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/16/2004 - SECOND READING OF ORDINANCE NO. 168, 2004, AUTHORI ITEM NUMBER: 12
AGENDA ITEM SUMMARY DATE: November 16, 2004
FORT COLLINS CITY COUNCIL STAFF: Helen Matson
Karen Manci
SUBJECT
Second Reading of Ordinance No. 168, 2004, Authorizing the Lease of the Natural Area Located
South of Fort Collins Jointly Owned by the City of Fort Collins and the City of Loveland for Dryland
Wheat Farming for up to Five Years.
RECOMMENDATION
Staff recommends the adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
This natural area was purchased in March of 2000. The City of Loveland,Latimer County,GOCO
Funds and the City of Fort Collins participated in the purchase. An Intergovernmental Agreement
about this property was entered into on March 22, 2000. As per this Intergovernmental Agreement,
the purchasing participants designated that the City of Loveland has a 75% interest in the Property
and the City of Fort Collins has the remaining 25% interest in the Property. Further, the
Intergovernmental Agreement specifies that the City of Loveland is the managing entity for this
property.
Since the purchase of this property,the property has been used for dryland farming. Of the total 785
acres, only 550 acres of land are being used for rotational wheat crops, with 275 acres in crop
production annually and the remaining land being fallow. The terms of the lease will require
payment of$10 per acre for the acreage planted. The lease can be automatically renewed each year
on July 31 with a final termination date of July 31, 2008.
The Natural Resources Advisory Board considered and recommended that the Council authorize the
proposed lease of this property at its meeting on October 6, 2004. This Ordinance was adopted 6-0
(Councilmember Bertschy was absent) on First Reading on October 19, 2004.
ORDINANCE NO. 168, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE LEASE OF THE NATURAL AREA LOCATED SOUTH OF FORT
COLLINS JOINTLY OWNED BY THE CITY OF FORT COLLINS AND THE CITY"OF
LOVELAND FOR DRYLAND WHEAT FARMING FOR UP TO FIVE YEARS
WHEREAS, the City of Fort Collins, Colorado (the "City") and the City of Loveland
jointly own a 785-acre property south of Fort Collins and west of Taft Hill Road (the
"Property"); and
WHEREAS, the City and the City of Loveland entered into an Intergovernmental
Agreement ("IGA") on March 22, 2000, regarding their joint ownership of the Property and
related rights and responsibilities; and
WHEREAS, the IGA provided that the City of Loveland would be the Managing Entity
and would be responsible for the management of the Property; and
WHEREAS, Fort Collins and Loveland staffs have negotiated a lease agreement for
dryland wheat farming on the Property, the form of which, entitled Dryland Farm Lease and
dated October 5, 2004, is on file in the office of the City Clerk and available for public
inspection(the "Lease Agreement"); and
WHEREAS, the Lease Agreement provides that 550 acres of the 785 acre Property may
be used for rotational wheat crops, with 275 acres in crop production annually, and with the
remaining land being fallow; and
WHEREAS, the term of the Lease Agreement is for a period of up to five years at an
annual rate of$10/Acre for the acreage planted; and
WHEREAS, the term of the Lease Agreement will automatically renew at the end of July
each year until July 31, 2008; and
WHEREAS, the revenue from the Lease Agreement will be paid to the Managing Entity
(City of Loveland) for use in managing the Property; and
WHEREAS, under Section 23-114 of the Code of the City of Fort Collins, the Council is
authorized to lease any and all interests in real property owned in the name of the City, provided
that Council first finds that the lease is in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the Council hereby finds that the lease of the Property as provided herein
and in the Lease Agreement is in the best interests of the City of Fort Collins.
Section 2. That the City Manager is hereby authorized to execute the Lease Agreement
consistent with the terms of this Ordinance, together with such additional or modified terms and
conditions as the City Manager, in consultation with the City attorney, determines to be
necessary and appropriate to protect the interests of the City.
Introduced, considered favorably on first reading, and ordered published this 19th day of
October, A.D. 2004, and to be presented for final passage on the 16th day of November, A.D.
2004,
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yor
ATTEST:
City Clerk
Passed and adopted o_n/final reading on the 16th day of November, A.D. 2004.
Mayor
ATTEST:
City Clerk
ITEM NUMBER: 15
AGENDA ITEM SUMMARY DATE: October 19, 2004
FORT COLLINS CITY COUNCIL STAFF: Helen Matson
Karen Manci
SUBJECT :
V y
First Reading of Ordinance No. 168, 2004, Authorizing the Lease of the Natural Area Located
South of Fort Collins Jointly Owned by the City of Fort Collins and the City of Loveland for
Dryland Wheat Farming for up to Five Years.
RECOMMENDATION
Staff recommends the adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
The rent collected from thisCse xima 1 2, 0 ear) will be paid to the City of
Loveland for use in managir erty, 'n vela is the managing entity for this
property.
EXECUTIVE SUMMARY
This natural area was purchased in March of 2000. The City of Loveland, Latimer County,
GOCO Funds and the City of Fort Collins participated in the purchase. An Intergovernmental
Agreement about this property was entered into on March 22, 2000. As per this
Intergovernmental Agreement, the purchasing participants designated that the City of Loveland
has a 75% interest in the Property and the City of Fort Collins has the remaining 25% interest in
the Property. Further, the Intergovernmental Agreement specifies that the City of Loveland is
the managing entity for this property.
Since the purchase of this prop eoprypted.
d dryland farming. Of the total
785 acres, only 550 acres of d arkto wheat crops, with 275 acres in
crop production annually an the reg fa w. The terms of the lease will
require payment of$10 per ac r eThe ase can be automatically renewed
each year on July 31 with a final termination date of July 31, 2008.
The Natural Resources Advisory Board considered and recommended that the Council authorize
the proposed lease of this property at its meeting on October 6, 2004.