HomeMy WebLinkAbout102 - 08/21/2018 - AMENDING ARTICLE IV, DIVISION 2 OF CHAPTER 23 OF THE CITY CODE REGARDING REAL PROPERTY ORDINANCE NO. 102, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE IV, DIVISION 2 OF CHAPTER 23 OF THE CODE
OF THE CITY OF FORT COLLINS REGARDING REAL PROPERTY
WHEREAS, the provisions of Division 2 of Article IV of Chapter 23 of the City Code
("Division 2") govern the disposition of real property by the City; and
WHEREAS, in 2014 the City Council adopted Ordinance No. 085, 2014, which amended
Section 23-113 of the City Code to authorize the City Manager to enter into leases of City property
for a term of five years or less without formal action by the City Council; and
WHEREAS, in 2017 the City Council adopted Ordinance No. 050, 2017, which amended
Section 23-116 of the City Code to authorize the City Manager to grant a license or permit for the
use of City property for up to five years, instead of one year; and
WHEREAS, Real Estate staff and the City Attorney's staff have conducted an overall
review of Division 2 and are recommending amendments that would update two provisions and
add a new Code section; and
WHEREAS, the suggested changes would (1) clarify that the City Council can authorize
the exchange of property; (2) state that the City Council can authorize the City Manager, as well
as the Mayor, to sign instruments of conveyance; (3) add that such instruments signed by the City
Manager and attested by the City Clerk shall.be prima facie evidence of compliance with the
requirements of Division 2; and (4) add a new Code section stating what constitutes prima facie
evidence that the City has accepted ownership of a property interest; and
WHEREAS, the purpose of-these amendments is to give the City additional flexibility in /
completing the necessary processes for the conveyance of property, and to reduce the need to use
the "Routine Deeds and Easements"process at City Council meetings to formalize acceptance by
the City of certain property interests; and
WHEREAS, the City Council finds it is in the best interests of the City to make
amendments to Division 2 as described above.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 23-11 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23-111. - Authorization to sell real property.
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(a) The City Council is hereby authorized to sell, convey, exchange or otherwise
dispose of 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 ordinance, that such sale or other disposition is in the best interests of the
City.
(e) The Mayor is authorized to execute all leases, deeds and other instruments of
conveyance. The City Council may also authorize the City Manager to execute such
instruments of conveyance.
Section 3. That Section 23-112 of the Code of the City of Fort Collins is hereby
amended to read as follows: "
Sec. 23-112. - Form of deeds; signature and seal.
All leases, deeds and other instruments of conveyance executed by "The City of Fort
Collins, by the Mayor," or"The City of Fort Collins, by the City Manager," attested by the
City Clerk with the official seal of the City affixed thereto and purporting to have been
made pursuant to the provisions of this Division, shall be deemed prima facie evidence of
due compliance with all the requirements of this Division.
Section 4. That Division:2 of Article IV of Chapter 23 of the Code of the City of Fort
Collins is hereby amended by the addition of a new Section 23-117 to read in its entirety as follows:
Sec. 23-117. Acceptance of Deeds and Easements.
(a) All deeds, easements and other instruments of conveyance to the City executed by
"The City of Fort Collins, by the Mayor," or "The City of Fort Collins, by the City
Manager," attested by the City Clerk with the official seal of the City affixed thereto, shall
be deemed prima facie evidence that the City has accepted ownership of the property
interests conveyed by such deed, easement, or other instrument of conveyance.
(b) Proof that the City paid consideration for property interests conveyed to the City
by a deed, easement or other instrument of conveyance, whether or not executed by the
City as described in subparagraph (a), shall be deemed prima facie evidence that the City
has accepted ownership of the property interests conveyed by such deed,easement,or other
instrument of conveyance.
(c) The absence of the elements described in subparagraphs (a) and (b) shall not
necessarily invalidate a deed, easement or other instrument of conveyance if there is other
reliable evidence that the City has accepted ownership of the property interests intended to
be conveyed.
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Introduced, considered favorably on first reading, and ordered published this 17th day of
July, A.D. 2018, and to be presented for final passage on the 21 st day of August, A.D. 2018.
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Passed and adopted on final reading on the 21stday of August, A.D. 2018.
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