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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/07/2000 - FIRST READING OF ORDINANCE NO. 164, 2000, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 22 FORT COLLINS CITY COUNCIL DATE: November 7, 2000 STAFF: Steve Comstock SUBJECT: First Reading of Ordinance No. 164, 2000, Authorizing the City of Fort Collins to Enter into an Option Agreement to Sell Forty Acres of the Meadow Springs Ranch Property to the United States Fish and Wildlife Service for its Black-Footed Ferret Breeding Facility. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: The City's Wastewater Fund will receive payment in the amount of $1 for the option agreement and $32,000 for the property should the option be exercised. EXECUTIVE SUMMARY: In the spring of 1998, the City was approached by the United States Fish and Wildlife Service about possibly relocating the Black Footed Ferret Breeding Facility from Wyoming to Colorado and siting it on the City's Meadow Springs Ranch. In July of 1998, the City Council adopted Resolution 98-112 supporting this move and authorizing staff to proceed with negotiations for not more than 35 acres. After further site review the Department of the Interior has asked for an option to buy 40.05 acres. The Fish and Wildlife Service have chosen a site on the east side of I- 25 one mile north of the Buckeye exit (see attached map). The Service has offered to pay the City $1 for a four-month option to purchase the site. In the event that the option is exercised the City would receive $32,000 for the 40.05 acre tract including easements for utilities, phone and an access road. Under the purchase agreement that the City and the Fish and Wildlife Service will enter into for this transaction, the Fish and Wildlife Service will also be granted a right of first refusal to purchase any of the City's land within one-half mile of the property being purchased for the breeding facility. • ORDINANCE NO. 164, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY OF FORT COLLINS TO ENTER INTO AN OPTION AGREEMENT TO SELL FORTY ACRES OF THE MEADOW SPRINGS RANCH PROPERTY TO THE UNITED STATES FISH AND WILDLIFE SERVICE FOR ITS BLACK-FOOTED FERRET BREEDING FACILITY WHEREAS, in the spring of 1998, the City was approached by the United States Fish and Wildlife Service(the"Service")about the possibility of relocating the Service's Black-Footed Ferret Breeding Facility (the "Facility"), which is currently located in Wyoming; and WHEREAS, the Service proposes to relocate the Facility to a site on the City's Meadow Springs Ranch property (the "Ranch"); and WHEREAS, in July of 1998, the Council passed Resolution 98-112 supporting this move and authorizing staff to proceed with negotiations between the City and the Service for the Service's purchase of the needed property; and WHEREAS, the Service has chosen a forty-acre site on the Meadow Springs Ranch on the east side of Interstate 25 one mile north of the Buckeye exit; and WHEREAS,the Service has submitted to the City an"Agreement for the Purchase of Lands", a copy of which is on file with the City Clerk(the "Agreement"); and WHEREAS, pursuant to the terms of the Agreement the City has offered to pay the City $1.00 for a four-month option to purchase the forty-acre parcel together with certain easements for utilities, telephone and an access road, as the parcel and these easements are described in the Agreement (the "Property"); and WHEREAS, the Service has agreed that, in the event that it exercises the option, it will pay the City $32,000, the appraised value of the Property; and WHEREAS, under the Agreement, if the Service exercises its option to purchase the Property, the City will also convey to the Service a right of first refusal to purchase those portions of the Ranch that are located within one-half(1/2) mile of the Property; and WHEREAS,under Section 23-111(a)of the City Code,the Council is authorized to sell real property owned in the name of the City,provided it finds the sale is in the best interests of the City; and WHEREAS, under Section 23-111(b) the Council is authorized to sell real property which is part of any of the City's utility systems, provided the Council finds that any disposition of such real property will not materially impair the viability of the affected utility system as a whole and that • it will be for the benefit of the citizens of the City; and WHEREAS, the City currently owns the Property for the benefit of its wastewater utility system. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the sale of the Property and the grant of the right of first refusal pursuant to the terms of the Agreement is in the best interests of the City. Section 2. That the sale of the Property and the grant of the right of first refusal pursuant to the terms of the Agreement will not materially impair the viability of the City's wastewater utility system as a whole and that such conveyances will be for the benefit of the citizens of the City. Section 3. That the Agreement is hereby approved. Section 4. That the Mayor is hereby authorized to execute the Agreement. Section 5. That the Mayor is hereby authorized to execute such instruments of conveyance and other documents as are necessary for the City to sell and convey the Property to the Service in the event that the Service exercises its option to purchase the Property under the Agreement; and, in the event the Services exercises its right of first refusal under the Agreement to purchase those portions of the Ranch covered by the right of first refusal, the Mayor is further authorized to execute the instruments of conveyance and other documents that are necessary for the City to sell and convey such property to the Service. Section 6. That the City Manager is hereby authorized to execute future addenda to the Agreement to extend the closing date under the Agreement if such addenda are, in the judgment of the City Manager, reasonable and necessary to accomplish the sale of the Property to the Service. Introduced and considered favorably on first reading and ordered published this 7th day of November, A.D. 2000, and to be presented for final passage on the 21st day of November, A.D. 2000. Mayor ATTEST: City Clerk . Passed and adopted on final reading this 21st day of November, A.D. 2000. Mayor ATTEST: City Clerk • — — — — — — — — Wyoming Colorado — Meadow Springs Ranch o Carr Black-Footed Ferret Breeding Facility Buckeye Exit ry City of Fort Collins Properties Wellington WTF MWRF Hwy.14 Resource Recovery Farm _r DWRF Fort ollins • Windsor