HomeMy WebLinkAbout047 - 05/16/2000 - AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH GOCO FOR THE CATHY FROMME PRAIRIE CONSERVATION PROJE ORDINANCE NO. 47, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
WITH GREAT OUTDOORS COLORADO FOR THE "CATHY FROMME PRAIRIE"
CONSERVATION PROJECT AND AUTHORIZING THE EXECUTION OF
A DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
ON AN 80-ACRE PORTION OF THE CATHY FROMME PRAIRIE,
AS REQUIRED THEREBY
WHEREAS, in 1995,the City of Fort Collins became the owner of approximately 80 acres
of land located east of Taft Hill Road and to the south adjacent to the original Cathy Fromme Prairie
property, more particularly described as: the N 1/2 of the NW 1/4 of section 10,Township 6 North,
Range 69 West of the 6th P.M., except the east 60 feet of the west 90 feet, County of Larimer, State
of Colorado (the "Property"); and
WHEREAS,the Board of the Great Outdoors Colorado Trust Fund(the"LOCO Board")is
a political subdivision of the State of Colorado, created by Article XXVII of the Colorado
Constitution, adopted at the November 1992 General Election, which article allocates a portion of
the net proceeds of the Colorado Lottery to the Board and directs the Board to invest those proceeds
in the State's parks, wildlife, open space and recreational resources; and
WHEREAS,in September 1995,the City of Fort Collins and Larimer County were awarded
a grant from the GOCO Board in the amount of$235,000, to assist with the acquisition of the
Property (the "Grant"); and
WHEREAS, in connection with the administration of the Grant,the GOCO Board requires
that the City enter into an intergovernmental agreement requiring that the Grant project be carried
out in accordance with the purposes and administrative requirements of the GOCO Board,and other
related requirements, as more particularly set forth in the Grant Agreement dated May 2, 2000, and
on file in the Office of the City Clerk(the "Grant Agreement"); and
WHEREAS,the City is authorized to enter into intergovernmental agreements to provide any
function, service or facility, such as a grant agreement, as provided in Article II, Section 16 of the
Charter of the City of Fort Collins and Section 29-1-203, C.R.S.
WHEREAS,the Grant Agreement provides for the use of the Grant as reimbursement for the
acquisition of the Property, in exchange for the imposition of a deed restriction or conservation
easement to protect the Property from uses contrary to the purposes of the Grant; and
WHEREAS,the Plan for the Region Between Fort Collins and Loveland as adopted by the
Council in Resolution 95-82,identifies the Property as a significant open space area to be protected;
and
WHEREAS,City Plan,as adopted by the Council in Resolution 97-25,identifies the property
as a significant Open Land on the City Structure Plan; and
WHEREAS,the objectives of the Natural Areas Policy Plan adopted by the Council as part
of the City's Comprehensive Plan in Resolution 92-156, and referenced in City Plan, include
establishing a system of publicly owned natural areas to protect the integrity of critical conservation
sites, protecting corridors between natural areas,preserving outstanding examples of Fort Collins'
diverse natural heritage and providing a broad range of opportunities for educational, interpretive
and recreational programs to meet community needs; and
WHEREAS,the Property is identified in the Natural Areas Policy Plan as important natural
habitat to be protected pursuant to that Plan; and
WHEREAS,City staff have reviewed the form of Declaration of Covenants,Conditions and
Restrictions, dated May 2, 2000, and on file in the Office of the City Clerk,required by the GOCO
Board as a condition of the Grant (the"Declaration"); and
WHEREAS, the terms of the Declaration are consistent with the objectives of the City's
Natural Areas Policy Plan,the Plan for the Region Between Fort Collins and Loveland, and the City
Structure Plan; and
WHEREAS, under Section 23-111 of the Code of the City of Fort Collins, the Council is
authorized to sell or otherwise dispose of any and all interests in real property owned in the name
of the City, provided that Council first finds by ordinance that the sale or disposition 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 execution of the Declaration on the Property is in the best interests of the
City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute the Declaration in substantially
the form for the same dated May 2,2000,and on file in the Office of the City Clerk, subject to such
modifications in form or substance as the City Manager,in consultation with the City Attorney,may
deem necessary to effectuate the purposes of this Ordinance or to protect the interests of the City.
Section 3. That the Mayor is hereby authorized to enter into the Grant Agreement, together
with such other terms and conditions, or subsequent modifications or amendments, as the City
Manager, in consultation with the City Attorney, determines to be necessary and appropriate to
protect the interests of the City and effectuate the purposes set forth herein.
Introduced,considered favorably on first reading,and ordered published this 2nd day of May,
A.D. 2000, and to be presented for final passage on the 16th day of May, A.D. 2000.
Mayor
ATTEST:
- VUL4�&�
City Clerk `
Passed and adopted on final reading this 16th day of May, A.D. 2000.
Mayor
ATTEST:
Ai
City Clerk *