HomeMy WebLinkAbout087 - 09/04/2007 - AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT AGREEMENT WITH THE STATE BOARD OF THE GREAT OUTDO ORDINANCE NO. 087, 2007
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT AGREEMENT
WITH THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND
FOR THE RECEIPT OF FUNDS FOR IMPROVEMENTS TO
OLD FORT COLLINS HERITAGE PARK
WHEREAS, the Board of the Great Outdoors Colorado Trust Fund (the "GOCO Board")
is a political subdivision of the State of Colorado which invests a portion of the net proceeds of
the Colorado Lottery in the State's parks, wildlife, open space and recreational resources; and
WHEREAS, in 1994 the GOCO Board created a statewide grant program pursuant to
which eligible entities could apply for grants for local government parks and outdoor recreation
projects; and
WHEREAS, on June 21, 2007, the GOCO Board approved a grant application by the City
for a local government grant to be used for the redevelopment of a playground and skate park and
two new handball courts at Old Fort Collins Heritage Park (the "Project"), and has awarded to
the City a grant in the amount of$110,000 to be used together with matching funds to construct
the Project; and
WHEREAS, the total cost of the Project is estimated at $395,000, with additional funding
coming from Soderberg Masonry, the Bohemian Foundation, neighborhood parkland impact fees
and Building Community Choices proceeds; and
WHEREAS, the City is authorized to enter into intergovernmental agreements, such as a
grant agreement, to provide any function, service or facility, under Article 1I, Section 16 of the
Charter of the City of Fort Collins and Section 29-1-203, C.R.S.; and
WHEREAS, the GOCO Grant Agreement, a copy of which is on file in the office of the
City Clerk and available for public inspection (the "Grant Agreement"), requires a resolution,
adopted by the governing body of the Grantee, authorizing the execution of the agreement and
approving its terms and conditions; and
WHEREAS, the Grant Agreement further requires that the City operate and maintain the
Project for not less than 25 years, subject to the annual appropriation of funds, allow reasonable
public access to the Project, and cooperate with the GOCO Board on publicity, public
information and signage for the Project; and
WHEREAS, the Grant Agreement also requires that the City and the GOCO Board sign a
restrictive covenant which shall, upon completion of the Project, be recorded in the Larimer
County real estate records, and which will require that for 25 years the Heritage Park property be
operated and maintained for the specific purposes outlined in the grant agreement; and
WHEREAS, placing a restrictive covenant on City property that is enforceable by the
GOCO Board is the equivalent of conveying an interest in the real property; and
WHEREAS, pursuant to Section 23-111(a) of the City Code, 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 the Council first finds, by ordinance, that such disposition is in the best
interests of the City; and
WHEREAS, City staff recommends that the City Council approve the Grant Agreement
as described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the Council hereby finds that placing a restrictive covenant on the
Old Fort Collins Heritage Park property as required by the GOCO Board is in the best interests of
the City.
Section 2. That the City Manager is hereby authorized to enter into the Grant
Agreement with the GOCO Board obligating the City to use the $110,000 in grant proceeds for
redevelopment of the playground and skate park and construction of new handball courts at Old
Fort Collins Heritage Park, in substantially the form of agreement as is on file in the office of the
City Clerk, and that the terms of the Grant Agreement are approved together with such other
terms and conditions as the City Manager, in consultation with the City Attorney, determines to
be necessary and appropriate to protect the best interests of the City.
Section 3. That the Mayor is hereby authorized to execute a declaration of covenants
and conditions, in substantially the form as is attached to the Grant Agreement, to be recorded
upon completion of the Project.
Introduced, considered favorably on first reading, and ordered published this 21st
day of August, A.D. 2007, and to be presented for final passage on the 4th day of September,
A.D. 2007.
4ayor
ATTEST:
UN-�
City Clerk
Passed and adopted on final reading on the 4th day of S ber, A.D. 2007.
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MayoU
ATTEST:
%U�k
City Clerk