To: Honorable Mayor and Members of Town Council
From: Robert J. Slentz, Town Attorney
Title
Discussion/Direction: Proposed Ordinance Amending Sections 14.02.040 and 14.02.050 Concerning the Disposition and Lease of Real Property
Body
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Executive Summary
Staff is requesting Town Council authorization to present the attached ordinance for formal consideration by Council at a later date. In brief, the ordinance broadens the circumstances under which Town-owned real property may be conveyed by ordinance, rather than requiring a vote of the people.
Currently the municipal code defaults to the state statutory scheme for disposition of real property applicable to municipalities (including home rule). The disposition of properties held for “park purposes” or “governmental purposes” must be approved by the voters §31-15-713(a) C.R.S. Other real property held by a local government may be conveyed by ordinance.
The proposed ordinance carves out an exception from the voter approval requirement for (i) property located outside the Town limits which is not envisioned for future municipal use, and (ii) off-street parking lots. However, disposition of these properties will still require authorization by Council ordinance, which is subject to citizen referendum, except in the event of emergency adoption. This revision is authorized by §31-1-102(1) C.R.S., allowing home rule municipalities to supersede this statutory provision by charter or ordinance.
The adoption of this ordinance will facilitate anticipated dispositions of real property that likely will be presented to Council later this year. It is important to note that there will remain a broad prohibition against the conveyance of parks and most Town building and facilities, absent voter approval.
Proposed Motion
“I move that the ordinance proposing amendments to the Castle Rock Municipal Code concerning the disposition and lease of real property be placed on the April 3, 2018 Town Council agenda for consideration on first reading.
Attachments
Attachment A: Proposed Ordinance