HomeMy WebLinkAbout101 - 10/06/1992 - CONSENTING TO THE OPERATION OF A MATERIALS RECYCLING FACILITY AT THE LARIMER COUNTY LANDFILL AND AUT ORDINANCE NO. 101 , 1992
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CONSENTING TO THE OPERATION OF A MATERIALS
RECYCLING FACILITY AT THE LARIMER COUNTY LANDFILL
AND AUTHORIZING THE EXECUTION OF A GROUND LEASE
FOR THE MATERIALS RECYCLING FACILITY
WHEREAS, Larimer County, the City of Fort Collins ("Fort Collins") and the
City of Loveland ("Loveland") are co-owners of the land known as the Larimer
County Landfill ; and
WHEREAS, on November 21 , 1974, Fort Collins, Loveland and Larimer County
entered into an Agreement pertaining to the operation and ownership of the
Larimer County Landfill ; and
WHEREAS, pursuant to paragraph 10 of said Agreement, the Landfill site
shall continue to be used as the site of a landfill open to the public and any
other use of the site shall be reviewed and approved by Fort Collins, Loveland
and Larimer County; and
WHEREAS, since 1990, Fort Collins, Loveland and Larimer County have worked
cooperatively to develop a Materials Recycling Facility ("Facility") at the
Larimer County Landfill ; and
WHEREAS, Larimer County has entered into a Lease/Purchase Agreement ("the
Lease Agreement") for the Facility with Ally Capital Corporation ("Ally") ,
pursuant to which Lease Agreement, Ally will finance the cost to construct and
equip the Facility to be located at the Larimer County Landfill ; and
WHEREAS, pursuant to said Lease Agreement between Ally and Larimer County,
Larimer County shall have the right to lease the Facility from Ally for a period
of twelve years or until such time as Larimer County exercises its option to
purchase the Facility, whichever occurs first; and
WHEREAS, Ally desires to lease from Larimer County, Fort Collins and
Loveland the real property upon which the Facility is located during the term of
Ally's ownership of the Facility; and
WHEREAS, pursuant to Section 23-111 of the Code of the City, the Council
is authorized to enter into the aforesaid Lease Agreement, provided that it first
finds, by ordinance, that such sale or other disposition is in the best interests
of the City; and
WHEREAS, the Council has determined that it is in the best interests of the
City that consent be given for the installation of the Materials Recycling
Facility.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1 . That the Council hereby finds that the installation and
operation of a Materials Recycling Facility at the Larimer County Landfill would
serve a bona fide public purpose and the Council hereby consents to the same.
Section 2. That the Council finds that it is in the best interests of the
City to enter into a Lease Agreement for a Materials Recycling Facility at the
Larimer County Landfill , between Ally (as "Lessee") and Fort Collins, Loveland
and Larimer County (as "Lessors") , for the real property described on Exhibit "A"
attached hereto and incorporated herein by this reference.
Section 3. That the Mayor be, and hereby is, authorized to execute said
Lease Agreement for and in consideration of the payment of rent by the Lessee to
the Lessor of the sum of One Dollar ($1 .00) per year for a period of twelve (12)
years or until such time as Larimer County shall exercise its option to purchase
said Facility, whichever occurs first.
Introduced, considered favorably on first reading and ordered published
this 15th day of September, A.D. 1992, and to be presented for final passage on
the 6th day of October, A.D. 1992. /
M , [o
ATTTEESST:
J�;
City Clerk
Passed and adopted on final reading this 6th day of October, A.D. 1992.
Mayo
ATTEST:
City Clerk
EXHIBIT "A"
BEGINNING AT A POINT 500 FEET NORTH OF THE SOUTHEAST CORNER OF THE
NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 6 NORTH, RANGE 69 WEST,
RUNNING NORTH 600 FEE, WEST 800 FEET, SOUTH 600 FEET AND RETURNING TO
THE BEGINNING POINT. (APPROXIMATELY 11. 28 ACRES. )