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HomeMy WebLinkAbout087 - 08/17/1993 - AUTHORIZING A REVOCABLE PERMIT AGREEMENT WITH OUTDOOR BUDDIES, INC. ORDINANCE NO. 87, 1993 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING A REVOCABLE PERMIT AGREEMENT WITH OUTDOOR BUDDIES, INC. WHEREAS, in late 1990, the City purchased from Meadow Springs Grazing Association ("MSGA") that certain real property known as Meadow Springs Ranch ("the Property") ; and WHEREAS, in connection with that purchase, the City granted to MSGA a "first right of refusal" to lease the Property from the City for livestock grazing; and WHEREAS, MSGA assigned all of its rights to its "first right of refusal" to Natural Fort Grazing, Ltd. ("NFG") ; and WHEREAS, in Resolution 92-70, adopted April 21, 1992, the City Council approved a two-year lease of the Property to NFG for livestock grazing ("the Lease") ; and WHEREAS, Article XXIII of the Lease granted NFG the right to sublet the Property for hunting purposes; and WHEREAS, NFG has recently relinquished and waived its rights to so sublet the Property; and WHEREAS, the City wishes to continue limited hunting on the Property consistent with generally accepted game management practices; and WHEREAS, the City does not want to be directly involved in managing such hunting on the Property; and WHEREAS, the Outdoor Buddies, Inc. , a charitable organization that conducts a program of providing a beneficial hunting experience to disabled hunters ("the Disabled Hunters Program") , has offered to use the Property for its Disabled Hunters Program for the hunting of pronghorn antelope; and WHEREAS, the City has determined that Outdoor Buddies, Inc. , has the experience and qualifications necessary to carry out a managed controlled-hunting program on the Property; and WHEREAS, the City desires to grant to Outdoor Buddies, Inc. , a revocable permit giving Outdoor Buddies, Inc. , the right to use the Property for its Disabled Hunters Program; and WHEREAS, Section 10 of Article XI of the City Charter permits the City Council to grant a revocable permit at any time to permit the use and occupancy of City real property; and WHEREAS, Section 23-I11 of the City Code requires that, prior to the conveyance or other disposition of any interest in real property used as part of the City's Water Utility System, the City Council must find, by ordinance, that such conveyance or other disposition is in the best interests of the City, that such disposition will not' materially impair the viability of the City's Water Utility System as a whole, and that it will be for the benefit of the citizens of the City; and WHEREAS, granting a revocable permit to Outdoor Buddies, Inc. , will serve the dual public purposes of management of the population of pronghorn antelope on the Property and of providing disabled hunters, and possibly other hunters, in the community with the experience of hunting; and WHEREAS, City staff and Outdoor Buddies, Inc. have negotiated a Revocable Permit Agreement to be signed by the Mayor upon this Ordinance becoming law, which Agreement sets forth the terms and conditions for the City's grant of a revocable permit to Outdoor Buddies, Inc. , to use the Property as part of its Disabled Hunters Program for pronghorn antelope hunting. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That granting to Outdoor Buddies, Inc. , the right to use the Property for hunting purposes pursuant to the terms and conditions of the proposed Revocable Permit Agreement is in the best interests of the City, will not materially impair the viability of the City's Water Utility System, and will be beneficial to the citizens of the City. Section 2. That granting to Outdoor Buddies, Inc. , the right to use the Property for hunting purposes pursuant to the terms and conditions of the proposed Revocable Permit Agreement will serve the dual public purposes of managing the population of the pronghorn antelope on the Property and of providing disabled hunters, and possibly other hunters, in the community with the experience of hunting. Section 3. That the Mayor be, and hereby is, authorized to execute the Revocable Permit Agreement containing the terms and conditions previously negotiated by City staff and Outdoor Buddies, Inc. Introduced, considered favorably on first reading, and ordered published this 3rd day of August, A.D. 1993, and to be presented for final passa n the 17th day of August, A.D. 1993. or A((TTT\��El ST,::\(\�1r�/� �CLtnA4 2L City Clerk T 2 Passed and adopted on final reading this 17 d of gust, D. 1993. yor ATTEST: City Clerk 3