HomeMy WebLinkAbout116 - 08/05/1997 - AMENDING CITY CODE PERTAINING TO THE SALE OR DISPOSITION OF REAL PROPERTY ORDINANCE NO. 116, 1997
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 23-114 OF THE CITY CODE PERTAINING TO THE
SALE OR DISPOSITION OF REAL PROPERTY
WHEREAS, the City, as a Colorado home rule municipality, has various mechanisms
available to it for generating revenue for the purpose of deriving funds to carry out the City's public
functions; and
WHEREAS,among those mechanisms is the establishment of various kinds of fees to defray
the cost of providing certain administrative services and making available for public use certain
public facilities; and
WHEREAS,historically,the City Council has reviewed and approved, as part of the City's
budget process,the amounts of various administrative fees, such as fees for recreation and cultural
services, cemeteries and the use of other city facilities; and
WHEREAS,the City Manager and the City's Budget Director have recommended that the
amounts of such administrative fees hereafter be established by the City Manager, according to
certain criteria established by the City Council by ordinance; and
WHEREAS,on June 17, 1997,the City Council adopted Resolution 97-87 approving certain
amendments to the City's Financial Management Policies, including an amendment to the City's fee
policy; and
WHEREAS, said amendment provides that all fees imposed by the City will be established
by the City Council by ordinance and that the amounts of certain kinds of special service fees, such
as user fees charged for the use of the City's recreation and cultural facilities, may be determined by
the City Manager, according to criteria established by the City Council by ordinance, absent any
provision of the City Charter or Code to the contrary; and
WHEREAS, under certain circumstances, it is possible that fees charged for the use of City
facilities could be viewed as a short term lease of such facility; and
WHEREAS,under Section 23-114 of the City Code, any lease of real property owned in the
name of the City, irrespective of its duration, must be approved by the City Council; and
WHEREAS, the City Council believes that charges for the use of City facilities for a term
of ten(10)days or less should be viewed as user fees rather than lease payments,and that the amount
of such fees should be determined by the City Manager, according to the criteria established in
Section 29-2 of the City Code.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, that Section 23-114 of the City Code shall be amended so as to read in its entirety as
follows:
Sec. 23-114. Leases.
(a) Notwithstanding the provisions of§23-111 of this Division, the City Council
is hereby authorized to lease, for a definite term of two (2)years or less, any and all
interests in real property owned in the name of the city, whether the interest in real
property is obtained by tax deed or otherwise, provided that the City Council first
finds, by resolution, that the lease is in the best interests of the city; provided,
however, that any lease having a potential term of more than two (2) years, and any
lease,regardless of term, of real property which is a part of the city's water or electric
utility systems, must be approved by the City Council in the manner required by §
23-111.
(b) Lease, when used in this Section, shall mean a contract by which the city
grants to another the right to possess, use and enjoy any real property owned by the
City for ten days or longer, in exchange for the payment of rent in a stipulated
amount.
(c) Nothing in this Section shall be construed as prohibiting the City Manager
from authorizing, according to the provisions of Section 29, Article 1, fees for the
temporary use of city facilities for a period of ten(10) days or less, and such use of
city facilities by the feepayer shall not be construed as a lease of those facilities
within the meaning of this provision.
Introduced,considered favorably on first reading,and ordered published this 15th day of July,
A.D. 1997, and to be presented for final passage on the 5th day of August, A.D. 199 .
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 5th day of August, A.D. 1997.
Mayor Pro TeM
ATTEST:
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City Clerk