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HomeMy WebLinkAbout021 - 04/03/1990 - AMENDING CITY CODE RELATING TO THE DISPOSITION OF INTERESTS IN REAL PROPERTY ORDINANCE NO. 21, 1990 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE DISPOSITION OF INTERESTS IN REAL PROPERTY WHEREAS, under state law, the power of a municipality to dispose of its interests in real property is currently governed by Section 31-15-713, C.R.S. ; and WHEREAS, under Section 31-15-713, a municipality's real property used or held for a "governmental purpose" can be sold or disposed of only if first approved by a regular or special election; and WHEREAS, under Section 31-15-713, a municipality's real property used or held for any other purpose (i .e. , proprietary or municipal purposes) can be sold or disposed of only if approved by an ordinance adopted by the governing body of the municipality; and WHEREAS, Sections 23-111 and 23-112 of the Code of the City of Fort Collins currently authorize the City Council to sell or dispose of the City's real property if the Council first finds, by resolution, that the real property is not used or intended to be used for "municipal purposes" or secured for the purpose of being used for "municipal purposes" and that the sale or other disposition is in the best interests of the City; and WHEREAS , Section 31 - 1 - 102 , C . R . S . , makes it clear that the requirements of Section 31-15-713 are intended to apply only to those home rule municipalities which have not superseded such requirements in their charters or ordinances; and WHEREAS, Article XX, Section 6 of the Colorado Constitution, authorizes a home rule municipality to supersede by charter or ordinance state law provisions pertaining to matters of purely local concern; and WHEREAS, the City Council finds that the City's sale or other disposition of its interests in real property is a matter of purely local concern; and WHEREAS, the City Council desires to amend the City's Code to provide greater flexibility in the sale or other disposition of the City's interests in real property, so long as such sales or other dispositions are in the best interests of the City and comply with all applicable requirements of the City's Charter. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Sections 23-111 and 23-113 of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 23-111. Authorization to sell real property. (a) The City Council is hereby authorized to sell , convey, or otherwise dispose of any and all interests in real property owned in the name of the city, whether the interest in real property is obtained by tax deed or otherwise, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the city. (b) With respect to real property which is a part of the city's water or utility systems, City Council must also find that the disposition will not materially impair the viability of the particular utility system as a whole and that it will be for the benefit of the citizens of the city. (c) With respect to the sale of certificates of purchase obtained by the city pursuant to the provisions of § 22-97, no such sale shall be approved by the City Council unless prior notice has been given to all persons having any interest in the property for which the certificates of purchase were issued or in the proceeds of the proposed sale. Such notice shall be given by publication once each week for two (2) successive weeks in an official newspaper published in the city. Written notice shall also be given by mail within ten (10) days after the first publication , postage prepaid , first class mail , to all governmental taxing units having taxes or other claims against the property, to the last known address of all record interest holders in the property and to the owners of all bonds or other obligations secured by assessments levied against the property. Notice to bondholders shall be mailed, in the case of registered instruments, to those names and addresses which are recorded on the registration books of the city or, in the case of bearer instruments, to those names and addresses which may be otherwise known to the city. The date of sale of any certificates of purchase for which notice is required under the provisions of this section shall be not less than thirty (30) days nor more than (45) days after the date of first publication of the notice. Notwithstanding the foregoing, the city's Financial Officer may sell certificates of purchase without notice or formal approval by the City Council when such sale is made in the manner and on the terms provided in § 22-97. (d) The Planning and Zoning Board may, without formal approval by the City Council , vacate easements and other rights-of-way, except streets and alleys, either by resolution or by approval of replats containing notation of such vacation as provided in §2-353(4) of the Code. (e) The Mayor is authorized to execute all leases, deeds and other instruments of conveyance. Sec. 23-113. Form of deeds; signature and seal . All leases, deeds and other instruments of conveyance executed by "The City of Fort Collins, by the Mayor," and attested by the City Clerk with the official seal of the city affixed thereto and purporting to have been made pursuant to the provisions of this Division shall be deemed prima facie evidence of due compliance with all the requirements of this Division. Section 2. That Section 23-112 of the Code of the City of Fort Collins is hereby repealed and re-enacted to read as follows: Sec. 23-112. Real property defined. Real property, when used in this division, shall mean lands, lands under water, buildings, permanent structures and any and all easements, incorporeal hereditaments and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage or otherwise. Section 3. That Chapter 23 of the Code of the City of Fort Collins is hereby amended by adding thereto a new Section 23-114, to read as follows: Sec. 23-114. Leases. Notwithstanding the provisions of § 23-111 of this Division, the City Council is hereby authorized to lease, for a definite term of two (2) years or less, any and all interests in real property owned in the name of the city, whether the interest in real property is obtained by tax deed or otherwise, provided that the City Council first finds, by resolution, that the lease is in the best interests of the city; provided, however, that any lease having a potential term of more than two (2) years, and any lease, regardless of term, of real property which is a part of the city's water or electric utility systems, must be approved by City Council in the manner required by § 23-111 . Introduced, considered favorably on first reading, and ordered published this 20th day of March, A.D. 1990, and to be presented for final passage on the 3rd day of April , A.D�1990. Mayor A TEZ _ ST: Chi`\t�yy Clerk Passed and adopted on final reading th's 3rd day of April , -A.Dn. 1990. Mayor AT EST: UL*SIt".. City Clerk