HomeMy WebLinkAbout013 - 02/19/2008 - AUTHORIZING THE CONVEYANCE OF AN OWNERSHIP INTEREST IN THE NEW MUSEUM/DISCOVERY SCIENCE CENTER FACIL ORDINANCE NO. 013, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF AN OWNERSHIP INTEREST
IN THE NEW MUSEUM/DISCOVERY SCIENCE CENTER FACILITY
TO THE DISCOVERY SCIENCE CENTER
WHEREAS, on November 1, 2005, Fort Collins voters passed Ordinance No. 092, 2005,
approving the"Building on Basics"(BOB)tax for certain capital projects(the"BOB Ordinance");
and
WHEREAS, the BOB Ordinance included$6,000,000 for construction of a new facility in
the downtown area of Fort Collins for the City's Museum and the Discovery Science Center(DSC),
and $200,000 per year for seven years of operation and maintenance of the facility; and
WHEREAS, pursuant to the BOB Ordinance, the DSC will also contribute no less than
$3,600,000 to the construction project; and
WHEREAS, City staff and members of the DSC Board of Directors have developed a draft
agreement, which the Council has separately approved by the passage of Resolution 2008-008,that
will govern the construction,ownership, funding and operation of the new facility(the"Operating
Agreement"); and
WHEREAS,pursuant to the Operating Agreement,the Citywill use the BOB and DSC funds
to build a new facility to house the Museum and DSC on property owned by the City(the"Facility"),
and when the construction project is finished,the City will convey the Facility, which is defined as
the land, one or more buildings, and other associated improvements, to the City and the DSC as
tenants in common; and
WHEREAS, the proposed site for the Facility is a parcel of City-owned land at the east end
of Lee Martinez Park, as more particularly described on Exhibit A, attached and incorporated into
this Ordinance by reference(the"Property"); and
WHEREAS, under Section 23-t 11(a)of the Code of the City of Fort Collins, the 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 Council first finds that such disposition is in the best interests of the
City; and
WHEREAS,the City's conveyance of such interests will serve an important public purpose
in that a jointly owned and operated museum facility will be a cost effective way to expand the
educational experience of City residents by providing a broader array of scientific, cultural and
historical exhibits in a single location,as well as an exciting new City amenity that will help attract
visitors to the City, thereby contributing to the economic well-being of the City.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby finds that conveying the Facility, including the
Property, to the Discovery Science Center and the City as tenants in common, upon completion of
the construction project, is in the best interests of the City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Facility, including the Property, to the City and Discovery Science Center
as tenants in common, on terms and conditions consistent with this Ordinance and the Operating
Agrement, together with such additional terms and conditions as the City Manager, in consultation
with the City Attorney,determines to be necessary and appropriate to protect the interests of the City,
including any necessary changes to the legal description of the Property,as long as such changes do
not materially increase the size or change the character of the Property.
Introduced, considered favorably on first reading, and ordered published this 5th day of
February,A.D. 2008,and to be presented for final passage on t th day of February,A . 2008.
Mayo
ATTEST:
City Clerk
Passed and adopted on final reading on the 19th day of ary, A.D. 2008.
Mayor
ATTEST:
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City Clerk
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EXHIBIT "A"
Page 1 of 2
PROPOSED SITE FOR NEW
MUSEUM/DISCOVERY
SCIENCE CENTER FACILITY
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EXHIBIT A
Page 2 of 2
Legal Description of Proposed Site for
New Museum/Discovery Science Center Facility
A tract of land located in the City of Fort Collins, County of Latimer, State of Colorado,
including portions of Blocks 24, 25, and 26, lying west of the Union Pacific Railroad
right of way in the City of Fort Collins, Colorado as described in a Deed recorded in the
records of the Laruner County Clerk and Recorder on December 15, 1944, in Book 781
at Page 136, along with a portion of Parcel B as described in a Special Warranty Deed
recorded in the records of the Larimer County Clerk and Recorder on June 30, 1997, at
Reception#97041141.