HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/20/2003 - FIRST READING OF ORDINANCE NO. 080, 2003, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 19
DATE: May 20, 2003
FORT COLLINS CITY COUNCIL FROM: Steve Roy/
John F. Fischbach
SUBJECT:
First Reading of Ordinance No. 080, 2003, Amending Subsection 2-31(a)(3) of the City Code
Pertaining to Executive Sessions Convened for the Purpose of Considering Water and Real Property
Acquisitions and Sales.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
Adoption of the Ordinance would amend the provisions of the City Code pertaining to executive
sessions that are held for the purpose of considering water and real property acquisitions and sales
by the City. The amendment would eliminate Code language which presently restricts such
discussions to the consideration of appraisals and other value of estimates and the consideration of
lipstrategy for the acquisition or sale of such property.
BACKGROUND:
In 1975,the City Code was amended to specifically authorize the City Council to conduct executive
sessions, that is, sessions convened as part of a regular meeting that are closed to the public.
Similarly,the City Charter was amended in 1977,by a vote of the people,to authorize such sessions.
Both the City Charter and the City Code include among the permitted purposes for executive session
the consideration of water and real property sales and acquisitions. However, the City Code
language regarding such discussions is more restrictive than the City Charter language. Article H,
Section 11 of the City Charter simply states that executive sessions may be held, among other
purposes,to"consider water and real property acquisitions and sales by the city." Section 2-31(d)(3)
of the City Code states that such executive sessions discussions about water and real property
acquisitions or sales must be"restricted to consideration of appraisals and other value estimates and
the consideration of strategy for the acquisition or sale of such property."
The Code language limiting this topic of discussion in executive sessions has been in place since
1976. Recently, questions of interpretation have arisen regarding the meaning of the limitations.
City staff recommends that this provision be amended and made consistent with the City Charter
provision so as to eliminate any question of interpretation or ambiguity.
Staff continues to believe that the ability to discuss proposed acquisitions or sales of water and real
property in executive session is important to the City, since the premature public discussion of the
City's level of interest in a particular property, its strategy for negotiating the acquisition or sale of
DATE: ITEM NUMBER:
{
such property, or the maximum amount the City may be willing to pay or accept for such property
could seriously compromise the City's ability to sell or buy property on the most favorable terms.
Adoption of the proposed ordinance would amend the language of the City Code to track the
language of the City Charter and would authorize executive sessions for the consideration of water
and real property acquisitions and sales by the City without limiting which aspects of a proposed
transaction can be discussed in executive session.
f
a
. ORDINANCE NO. 080, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SUBSECTION 2-31(a)(3) OF THE CITY CODE
PERTAINING TO EXECUTIVE SESSIONS CONVENED FOR THE PURPOSE OF
CONSIDERING WATER AND REAL PROPERTY ACQUISITIONS AND SALES
WHEREAS, the City Charter, in Article II, Section 11, and the City Code, in subsection
2-31(a)(3), permit executive sessions to be held for the purpose of considering water and real
property acquisitions and sales by the City; and
WHEREAS, the City Code provision pertaining to these kinds of executive session
discussions is more restrictive than the City Charter provision and confines such discussions to the
consideration of appraisals and other value estimates and the consideration of strategy for the
acquisition or sale of such property; and
WHEREAS,questions of interpretation have arisen with regard to this Code language; and
WHEREAS, it is important for the City that the City Council be able to discuss potential
water and real property acquisitions and sales in executive session so that the negotiations related
to such acquisitions and sales are not compromised by the premature public disclosure of the City's
level of interest in a particular parcel of property, its strategy for the acquisition of the property,or
the maximum amount that the City is willing to pay for the property; and
• WHEREAS, in order for the City Council and any affected City boards or commissions to
properly confine their executive session discussions to permitted topics,the regulations governing
such discussions should be unambiguously stated; and
WHEREAS, the City Council wishes to clarify the permissible scope of executive session
discussions pertaining to the acquisition and sale of water and real property; and
WHEREAS, the simplest approach to amending this Code provision is to eliminate the
foregoing limitation and to have the language of the provision simply mirror the language of the City
Charter, which states that executive sessions may be held to "consider water and real property
acquisition and sales by the city".
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that subsection 2-31(a)(3) of the City Code is hereby amended to read in its entirety as
follows:
(3) Consideration of water and real property acquisitions and sales by the city,
•
Introduced and considered favorably on first reading and ordered published this 20th day of
May, A.D. 2003, and to be presented for final passage on the 3rd day of June, A.D. 2003.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 3rd day of June, A.D. 2003.
Mayor
ATTEST:
City Clerk