Loading...
HomeMy WebLinkAbout118 - 12/07/2010 - AUTHORIZING THE CITY TO ENTER INTO A LIVESTOCK GRAZING LEASE AGREEMENT FOR MEADOW SPRINGS RANCH WITH ORDINANCE NO. 118, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY OF FORT COLLINS TO ENTER INTO A LIVESTOCK GRAZING LEASE AGREEMENT FOR MEADOW SPRINGS RANCH WITH NATURAL FORT GRAZING, LTD. WHEREAS, in late 1990,the City purchased that certain real property commonly known as the Meadow Springs Ranch, which has been expanded in the years since by the acquisition of additional adjacent parcels(together referred to herein as the "Property")for use by the Wastewater Utility for its biosolids application program; and WHEREAS, since purchasing the Property, the City has leased it each year for livestock grazing purposes; and WHEREAS, in August 2010, City staff issued a request for proposals to lease the Property for livestock grazing purposes for ten (10) one-year terms, and in response, the City received two proposals which were reviewed, resulting in the proposal of Natural Fort Grazing, Ltd. ("NFG") being selected; and WHEREAS,City staff and NFG representatives have negotiated a Grazing Lease Agreement (the "Lease"), which Lease is on file in the office of the City Clerk; and WHEREAS, on October 21, 2010, the Water Board considered the proposed Lease of the Property, and voted unanimously to recommend that the City Council approve the Lease as proposed; and WHEREAS, Sections 23-111 and 23-114 of the City Code authorize the City Council to lease, for a definite term of more than two years, any and all interest in real property owned by the City which is part of a City utility system,provided the City Council first finds, by ordinance, that the lease is in the best interests of the City, that the lease will not materially impair the viability of the City's affected utility system as a whole, and that the lease will be for the benefit of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the lease of the Property pursuant to the terms of the Lease is in the best interests of the City,that the Lease will not materially impair the viability of the City's Wastewater Utility system as a whole, and that the Lease will be for the benefit of the citizens of the City. Section 2. That the City Manager is hereby authorized to execute such the Lease and such additional documents as are necessary to lease the Property to NFG or its successors or approved assigns on terms and conditions consistent with this Ordinance and substantially similar to those set forth in the Lease, together with such additional terms and conditions or subsequent amendments or corrections as the City Manager, in consultation with the City Attorney,determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the leased area, as long as such changes do not materially increase the size or change the character of the leased area. Introduced and considered favorably on first reading and ordered published this 16th day of November,A.D. 2010,and to be presented for final passag n t e 7th day of December, D.2010. Mayor ATTEST: `_ _ Chief-Deputy City Clerk Passed and adopted on final reading this 7th day of Dec her, A.D. 2010. Mayor ATTEST: City Clerk