To: Honorable Mayor and Members of Town Council
From: Robert J. Slentz, Town Attorney
Title
Ordinance Amending Sections 14.02.040 and 14.02.050 of the Castle Rock Municipal Code Concerning the Disposition and Lease of Real Property (Second Reading)
Body
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Executive Summary
The ordinance was approved on first reading April 3, 2018 by a vote of 7-0. Minor edits were made to 14.02.040.B for clarification purposes.
Staff is requesting Town Council consideration of the attached ordinance which 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(1)(a) C.R.S. Other real property held by a local government may be conveyed by ordinance. This ordinance does not change the voter requirement for disposition of park property.
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.
Staff Recommendation
Staff recommends approval of the Ordinance as presented on second reading.
Proposed Motion
“I move to approve the Ordinance amending Sections 14.02.040 and 14.02.050 of the Castle Rock Municipal Code concerning the disposition and lease of real property, on second and final reading.”
Attachments
Attachment A: Ordinance