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O-2008-3
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ACQUIRE CERTAIN REAL PROPERTY LOCATED AT 1290
HARLAN STREET, LAKEWOOD, COLORADO FROM ROBERT A. FULCHER, SICO LLC, DIANA S.
FULCHER, ALLAN E. BEAVERS AND NEVA BEAVERS FAMILY TRUST, FOR FUTURE STORMWATER
DRAINAGE AND OTHER CITY USES, AND DECLARING AN EMERGENCY
WHEREAS, the City has entered into an Reinstatement and Amendment to Purchase and Sale Agreement with Robert A. Fulcher, SICO LLC, Diana S. Fulcher, Allan E. Beavers and Neva Beavers Family Trust (collectively, the "Seller"), under which the City would purchase land and buildings for future stormwater drainage mitigation and other City uses located at 1290 Harlan Street, Lakewood, Colorado (the "Property"); and
WHEREAS, the Council has determined and hereby determines that it is necessary and in the best interests of the City and its residents that the City acquire the Property from the Seller, using available funding from the Economic Development Fund in the amount of $900,000 and from the Stormwater Fund in the amount of $300,000 so that the City may use the Property in connection with its governmental and proprietary purposes; and
WHEREAS, the City Council desires to make a supplemental budget appropriation of revenues and expenditures in the Economic Development Fund in the amount of $900,000 and the Stormwater Enterprise Fund in the amount of $300,000 for the acquisition and improvements of the Property in accordance with Section 12.8 of the Lakewood City Charter; and
WHEREAS, the City Council finds that delay in the effective date of this Ordinance will make it impossible for the City to meet its obligations under the Amended and Reinstated Purchase and Sale Agreement and therefore finds that this Ordinance must take effect immediately upon the Mayor's signature in order to protect the health, safety and welfare of the residents of the City.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:
SECTION 1. Ratification of Actions. All action heretofore taken, not inconsistent
with the provisions of this Ordinance, by the City or its officers, directed
toward the acquisition by the City of the Property, are hereby ratified, approved
and confirmed.
SECTION 2. Authorizations. The Council hereby authorizes the acquisition by
the City of the Property from the Seller. This Ordinance is adopted pursuant
to the City's powers as a home rule city organized and existing under its Charter
and Article XX of the State Constitution; and the City hereby determines that
each and every matter and thing as to which provision is made herein is necessary
in order to carry out and to effect the purposes hereof.
SECTION 3. Preparation of Documents; Execution of Documents. The City Attorney
is hereby authorized and directed to prepare or direct the preparation of all
certificates or documents and to perform all other acts deemed necessary or
appropriate in order to implement and carry out the transactions and other matters
authorized by this Ordinance. The City Manager is hereby authorized and directed
to execute and deliver all such documents and the City Clerk is hereby authorized
and directed to affix the seal of the City to and attest to same.
SECTION 4. Supplemental Budget Appropriation. In accordance with Section 12.8
of the Lakewood City Charter, the Council hereby appropriates $900,000 in the
Economic Development Fund and $300,000 in the Stormwater Enterprise Fund in
2008 for the acquisition of and improvements to the Property.
SECTION 5. Additional Documents; Delegated Powers. The City Clerk is hereby
authorized and directed to attest all signatures and acts of any official of
the City in connection with the matters authorized by this ordinance. The City
Manager, the City Clerk and the City Attorney and other officials and employees
of the City are hereby authorized to execute and deliver for and on behalf of
the City any and all additional certificates, documents and other papers and
to perform all other acts that they may deem necessary or appropriate in order
to implement and carry out the transactions and other matters authorized by
this Ordinance.
SECTION 6. Severability. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance.
SECTION 7. Recordation and Authentication. After its passage, this Ordinance shall be authenticated by the signature of the Mayor and attested by the City Clerk and recorded in the records of the City kept for that purpose.
SECTION 8. The Ordinance is necessary for the immediate preservation of the
public peace, health, or safety of the City of Lakewood in that the City Council
finds that the delay in the effective date of this Ordinance will make it impossible
for the City to meet its obligations under the Amended and Reinstated Purchase
and Sale Agreement.
SECTION 9. Emergency. This Ordinance shall take effect immediately upon the
Mayor's signature.
I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 11th day of February, 2008; published by title in the Rocky Mountain News and on the City of Lakewood's website, www.lakewood.org., on the 14th day of February, 2008; set for public hearing on the 25th day of February, 2008; read, finally passed and adopted by the City Council on the 25th day of February, 2008 and signed and approved by the Mayor on the 26th day of February, 2008.
Bob Murphy, Mayor
ATTEST:
Margy Greer, City Clerk
APPROVED AS TO FORM:
Tim Cox, City Attorney
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