HomeMy WebLinkAbout2015 Ordinance No. 033•
ORDINANCE NO. 22._
SERIES OF 2015
BY AUTHORITY
COUNCIL BILL NO. 28
INTRODUCED BY COUNCIL
MEMBER JEFFERSON
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE
CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION ON
NOVEMBER 3, 2015, AUTHORIZING THE FUTURE SALE OF MCLELLAN RESERVOIR
PROPERTY AT THE END OF A NOT LESS THAN 20 YEAR LEASE TERM.
WHEREAS, the City of Englewood ("City") is a hone-rule municipality organized and
existing under the provisions of the Colorado Constitution Article XX; and
WHEREAS, the Englewood McLellan Reservoir Foundation was formed to oversee the
development of the McLellan Reservoir property; and
WHEREAS, the Englewood McLellan Reservoir Foundation established covenants or use
restrictions on all lands within the development area to ensure a consistent high level of
development; and
WHEREAS, Englewood McLellan Reservoir Foundation's primary function is to provide
protection to the McLellan Reservoir's water quality; and
WHEREAS, Englewood Mclellan Reservoir Foundation has previously leased property in
Highlands Ranch Planning Areas 84 for auto uses, and in Planning Area 85 for a charter school; and
. WHEREAS, the Board of Directors of the Englewood McLellan Reservoir Foundation believes
that a future sale will provide for development of PA 81, PA 84, PA 85 and PA 87, that, due to sizes,
the complexity and cost of development, might not otherwise be developed in the near future; and
WHEREAS, leasing for not less than 20 years prior to the sale of the property will provide even
greater protection to the McLellan Reservoir's water quality when compared to development without
the restriction; and
WHEREAS, an affirmative vote of the citizens of Englewood is required to accomplish a sale under
the Englewood Home Rule Charter; and
WHEREAS, the Englewood Mclellan Reservoir Board recommends the voter approval
authorizing the future sale ofMcLellan Reservoir property PA 81, PA 84, PA 85 and PA 87,
following the termination of an initial lease term of not less than twenty years.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
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Section 1. There is hereby submitted to the registered electors of the City of Englewood at the
next scheduled municipal election on November 3, 2015 a question, to read as follows:
Question No.
Shall the Englewood City Council be allowed, by Ordinance, to sell
Utility Department property described in Council Bill No. 28, Series of
2015, held in Douglas County at the end of the initial lease tenn; the
initial lease tenn being not less than twenty years?
___ Yes ___ No
Section 2. Each elector voting at said election and desirous of voting shall indicate his/her
choice by depressing the appropriate counter of the voting machine or by the appropriate marking
upon paper ballots where used.
Section 3. The proper officials of the City of Englewood shall give notice of said next
scheduled municipal election, such notice shall be published in the manner and for the length of
time required by law, and the ballots cast at such election shall be canvassed and the result
ascertained, determined, and certified as required by law.
Section 4. The property listed as PA 81, PA 84, PA 85 and PA 87 in Exhibit A, may be sold
after the initial lease term of not less than twenty years.
Section 5. If any section, paragraph. clause, or other portion of this Ordinance is for any
reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any
of the remaining portions of this Ordinance.
Introduced, read in full, and passed on first reading on the 6th day of July, 2015.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9 th day of
July, 2015.
Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of
July, 2015 for thirty (30) days.
Read by title and passed on final reading on the 20th day of July, 2015 .
Published by title in the City's official newspaper as Ordinance No. Oq Series of 2015, on
the 23rd day of July, 2015.
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Published by title on the City's official website beginning on the 22nd day of
July, 2015 for thirty (30) days.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is;iJrue copy of the Ordinance passed on final reading and published by
title as Ordinance No42, Series of 2015.
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COUNCIL COMMUNICATION
Date Agenda Item Subject
Ordinance to approve
July 6, 2015 11 a i placement of a ballot question
on the November 2015 ballot
authorization of the future sale
of Mclellan Reseivoir property.
INITIATED BY STAFF SOURCE
Englewood Mclellan Reseivoir Foundation Michael Flaherty, EMRF Board
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Ordinance 41, Series of 1999, established the creation of the Englewood Mclellan Reseivoir Foundation
(EMRF), a non-profit corporation charged with furthering the development of the Mclellan Reseivoir property
and transferred the property to EMRF. Ordinance 41, Series of 2014, authorized a ballot question to allow
the trade of EMRF property. Voters of the City of Englewood approved Referred Ballot Question No. 2E on
November 4, 2014. The current recommendation for a 2015 ballot question was discussed with City Council
during an Executive Session on June 15, 2015 and during the June 29, 2015 City Council Study Session.
RECOMMENDED ACTION
The EMRF Board recommends that City Council approve the proposed bill for an ordinance authorizing a
ballot question on the November 2015 ballot seeking voter approval of the future sale of EMRF properties,
following the termination of an initial lease term of not less than 20 years.
BACKGROUND
The Board of Directors of the Englewood Mclellan Reservoir Foundation (EMRF) manages the Mclellan
Reservoir properties on behalf of the City. EMRF has previously leased property in Highlands Ranch Planning
Areas 84 for auto uses and in Planning Area 85 for a charter school. In efforts to market property in Planning
Area 81 (PA 81 ), the prospective lessor has requested that EMRF consider a sale of the property at the end of
the initial lease term, in order to facilitate the long-term use by an institutional user.
The Board of Directors of EMRF believes that a future sale will provide for development of its properties that,
due to the complexity and cost of development, might not otherwise be developed in the near future. Future
sales will provide for development of the EMRF properties (Planning Areas 81, 84, 85, and 87).
The City Attorney has drafted language for the proposed ballot question, which was discussed with City
Council during an Executive Session on June 15, 2015 and the June 29, 2015 Study Session.
FINANCIAL IMPACT
The proposed ballot question has no immediate financial impact However, if the question is approved by
voters, future leases and sales will result in significant revenues.
LIST OF ATTACHMENTS
Proposed bill for an ordinance