HomeMy WebLinkAbout090 - 07/16/2002 - AUTHORIZING THE SALE OR OTHER DISPOSITION OF THE OLD HARMONY GAS STATION BUILDING ORDINANCE NO. 090, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE SALE OR OTHER DISPOSITION
OF THE OLD HARMONY GAS STATION BUILDING
WHEREAS, a petition in eminent domain was filed by the City in the Larimer County
District Court on April 6, 2001, seeking to acquire by eminent domain certain real property (the
"Property")for the widening of, and other improvements to the intersection of Harmony Road and
Timberline Road (the "Project"); and
WHEREAS,the Old Harmony Gas Station(the "Building")was located in the right-of-way
to be acquired for the Project; and
WHEREAS, on May 3, 2001, the Larimer County District Court issued an order allowing
the City to take possession and use of the Property,and to relocate the Building to an off-site location
during the pendency of the eminent domain proceedings; and
WHEREAS,the purpose of relocating the Building was to preserve it because of its historic
significance, and to allow for the possible return of the Building to a different portion of the
Property; and
WHEREAS, the City has contacted the previous owner of the Building, who is also the
current owner of the remainder portion of the Property,and the City and the owner have been unable
to reach an agreement regarding the return of the Building to the Property; and
WHEREAS, the Building is presently situated on the City's SouthRidge Golf Course, and
the City wishes to remove the Building from that location; and
WHEREAS, members of the local historic preservation community have expressed an
interest in finding a suitable alternate site for the Building; and
WHEREAS, if no such alternate location can be found in the near future, City staff has
recommended that the Building be sold to the highest bidder or destroyed; and
WHEREAS, on May 21, 2002, the District Court entered an order to permit and authorize
the City to dispose of the Building as the City deems appropriate and necessary, which disposition
may include, but need not be limited to, the sale, auction, destruction or other disposition of the
Building; and
WHEREAS, Section 23-111(a) of the City Code states that the City Council is authorized
to sell, convey or otherwise dispose of any and all interests in real property owned in the name of
the City provided that the City Council first finds,by ordinance, that such sale or other disposition
is in the best interest of the City; and
WHEREAS, the definition of "real property" for the purposes of Section 23-111 includes
buildings.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the sale or other disposition of the Building, presently situated at the
City's SouthRidge Golf Course, is hereby determined by the City Council to be in the best interest
of the City.
Section 2. That the City's Purchasing Agent is hereby authorized to: (a) offer the
Building for sale to the highest bidder;or(b)accept proposals for relocation of the Building to a site
within the City for historic preservation purposes.
Introduced and considered favorably on first reading and ordered published this 4th day of
June, A.D. 2002, and to be presented for final passage on the 16th day of July, A.D. 2002.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 16th day of July, A.D. 2002.
Mayor
ATTEST:
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City Clerk Ot
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