HomeMy WebLinkAbout078 - 07/07/1992 - CONCERNING THE DONATION OF THREE STRUCTURES LOCATED AT 1721 STOVER AND 701-703 AND 705-707 EAST ALPE EMERGENCY ORDINANCE NO. 78 , 1992
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CONCERNING THE DONATION OF THREE STRUCTURES TO
THE FORT COLLINS HOUSING AUTHORITY
WHEREAS, the City is the owner of a house located 1721 Stover Street and
two duplexes located at 701-703 and 705-707 East Alpert Court in the City of Fort
Collins; and
WHEREAS, the City must demolish or otherwise remove the structures from the
property on which they are located in order for the City to construct the
Stuart/Stover Channelization Project; and
WHEREAS, the Fort Collins Housing Authority ("the Authority") has agreed
to remove these three structures from the City's property at the Authority's sole
cost and expense if the City will donate the structures to the Authority and be
responsible for removing the unusable portions of the buildings and foundations
and cleaning up the site; and
WHEREAS, the Authority is a public entity that is empowered to acquire
these structures from the City pursuant to Section 29-4-209, C.R.S. ; and
WHEREAS, the City is authorized to donate these structures to the Authority
pursuant to Section 24-55-102, C.R.S. ; and
WHEREAS, the donation of the structures to the Authority serves the public
purpose of helping the Authority to provide safe and sanitary housing to low-
income persons and is in the best interest of the City; and
WHEREAS, the City wishes to enter into an intergovernmental agreement with
the Authority whereby the Authority will remove the structures from the City's
property at the Authority's expense; and
WHEREAS, Article II, Section 16, of the City Charter provides the City
Council may, by ordinance or resolution, enter into contracts with other
governmental bodies to furnish governmental services and to make charges for such
services, or to enter into cooperative or joint activities with other
governmental bodies; and
WHEREAS, Article II, Section 6, of the City Charter allows the City Council
to pass an emergency ordinance on first reading upon the affirmative vote of at
least five members of the City Council ; and
WHEREAS, an emergency has been created with regard to this Ordinance
because stormwaters recently washed away substantial portions of the Spring Creek
embankment on the City's property where the structures are located. As a result,
one of the structures is in danger of collapsing and falling into Spring Creek.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1 . That it is in the best interests of the citizens of the City
that the house located at 1721 Stover Street and the two duplexes located at 701-
703 and 705-707 East Alpert Court owned by the City be, and the same hereby are,
donated to the Authority on the condition that these structures are removed from
the City's property at the expense of the Authority and that the Authority use
these structures for the purpose of providing housing accommodations to low-
income persons in the Fort Collins area.
Section 2. That the Council finds that an emergency exists with regard to
this Ordinance because, as a result of a recent storm, one of the structures is
in danger of falling into Spring Creek and must be removed from the City's
property as soon as possible.
Section 3. That the immediate adoption of this Ordinance is necessary to
preserve, protect and advance the general welfare of the residents of the City,
and, therefore, this Ordinance is enacted pursuant to Article II , Section 6, of
the Charter of the City as an emergency ordinance and shall be effective upon its
passage.
Section 4. That the Mayor be, and hereby is, authorized to enter into an
intergovernmental agreement between the City of Fort Collins and the Authority
for the donation of the structures to the Authority in exchange for the Authority
removing the structures from the City's property at the Authority' s expense and
for use of the structures to help provide housing to low-income persons.
Introduced, considered favorably by 7 members of the Council of the
City of Fort Collins and finally passed as an emergency Ordinance and ordered
published this 7th day of July, A.D. 1992. I
Mayor
ATTEST:
City Clerk