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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/02/2008 - FIRST READING OF ORDINANCE NO. 150, 2008, AUTHORIZ ITEM NUMBER: 18 AGENDA ITEM SUMMARY DATE: December2, 2008 FORT COLLINS CITY COUNCIL STAFF: Patrick Rowe SUBJECT First Reading of Ordinance No. 150,2008,Authorizing a Revocable Permit to the Fort Collins Fire Museum Foundation for Access to City-Owned Property at 330 North Howes Street for up to Five Years. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY The property at 330 North Howes Street (the "Car Barn") currently houses Poudre Fire Authority ("PFA") and City Museum antique fire fighting equipment. The Fort Collins Fire Museum Foundation, a non-profit organization created by former Fire Chief Ed Yonker for the purpose of restoring City and PFA historical fire equipment, desires continued access to the restoration equipment stored in the Car Barn. BACKGROUND City Council originally authorized the Fire Museum to access the Car Barn by Resolution 2006-088, adopted on August 15, 2006. The term of this previously authorized revocable access permit is currently expired,and the Fire Museum wishes to renew its access privileges for an additional period of time, up to five years. 330 N . Howes (Car Barn) Access Agreement Location Map TI 0 ® 330 N. Howes Location N A ORDINANCE NO. 150, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING A REVOCABLE PERMIT TO THE FORT COLLINS FIRE MUSEUM FOUNDATION FOR ACCESS TO CITY-OWNED PROPERTY AT 330 NORTH HOWES STREET FOR UP TO FIVE YEARS WHEREAS, the City is the owner of the real property located at 330 North Howes Street, Fort Collins, Latimer County, Colorado, (the "Property") and WHEREAS, on August 15, 2006, the City Council adopted Resolution 2006-088, which authorized the Fort Collins Fire Museum Foundation (the "Foundation"), a Colorado non-profit corporation,to access the building commonly known as the"Car Barn",located on the Property,for the purpose of offsite restoration of City and Poudre Fire Authority ("PFA") historical firefighting equipment that is stored in the Car Barn; and WHEREAS, pursuant to Resolution 2006-088,the City and the Foundation entered into an agreement governing the Foundation's access to and use of the Car Barn,which agreement has now expired; and WHEREAS,the Foundation wishes to renew its right of access to the Car Barn for up to five more years; and WHEREAS, the Foundation's access to the Car Barn facilitates the preservation of Fort Collins history and heritage to the benefit of the Fort Collins citizenry; and WHEREAS,Article XI, Section 10 of the Charter of the City of Fort Collins authorizes the City Council to permit the use or occupation of any street,alley,or public place,provided that such permit shall be revocable by the City Council at its pleasure,whether or not such right to revoke is expressly reserved in such permit; and WHEREAS, the revocable permit granting access shall be at no cost to the Foundation in exchange for the Foundation's restorative work on City and PFA historical equipment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to execute such documents as are necessary to authorize the Fort Collins Fire Museum Foundation to have access to the Property,consistent with the terms of this Ordinance, along with such additional terms and conditions as the City Manager, in consultation with the City Attorney,deems necessary or appropriate to protect the interests of the City or effectuate the purposes of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 2nd day of December, A.D. 2008, and to be presented for final passage on the 16th day of December, A.D. 2008. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 16th day of December, A.D. 2008. Mayor ATTEST: City Clerk