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File #: ORD 2016-007    Version: Name:
Type: Ordinance Status: Second Reading
File created: 2/29/2016 In control: Town Council
On agenda: 3/15/2016 Final action:
Title: Ordinance Repealing and Reenacting Chapter 14.02 of the Castle Rock Municipal Code Concerning the Acquisition and Disposition of Real Property (Second Reading)
Attachments: 1. Attachment A: Ordinance (Second Reading), 2. Ordinance (First Reading Copy)

To:                     Honorable Mayor and Members of Town Council

 

From:                     Robert J. Slentz, Town Attorney

 

Title

Ordinance Repealing and Reenacting Chapter 14.02 of the Castle Rock Municipal Code Concerning the Acquisition and Disposition of Real Property (Second Reading)

Body

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Ordinance was approved on First Reading by a vote of 7 to 0 on March 8, 2016 with no changes.

 

Executive Summary

 

This ordinance authorizes easements and licenses to be granted by the Town by administrative approval in most cases. Currently all easements and licenses granted by the Town must be approved by ordinance.

 

Background

 

This ordinance amends Chapter 14.02 of the Castle Rock Municipal Code which addresses the manner by which the Town acquires and disposes of real property.  Where there is no or nominal consideration received by the Town for the easement or license, the easement or license may be approved administratively by instrument executed by the Town Manager and Town Attorney.  Most often the easement or license is granted to utility providers of developers to enable the extension or provision of essential services. The Town Council may approve by resolution the grant of easement or license where the Town receives monetary compensation.  This will give the Council the opportunity to assess the adequacy of the compensation.

 

Adoption of the ordinance will streamline the process whereby easements and licenses are granted and relieve the Council of the obligation to consider on two readings such technical matters.

 

Staff Recommendation

 

Staff recommends approval of the ordinance as presented.

 

Proposed Motion

 

“I move to approve Ordinance as introduced by title on first reading.

 

Attachments

 

Attachment A:                     Ordinance