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COUNCIL BILL NO. 23-017 ORDINANCE NO. AN ORDINANCE REPEALING AND REENACTING SECTION 2-211, LEASING OF CITY- OWNED PROPERTY, OF ARTICLE VI, CITY PROPERTY, OF CHAPTER 2, ADMINISTRATION, OF THE ARVADA CITY CODE WHEREAS, the City of Arvada, Colorado, (“City”), is a home rule municipality, organized and existing under Article XX, Section 6 of the Colorado Constitution; and WHEREAS, the City of Arvada owns certain properties which are suitable for residential, grazing, and other uses; and WHEREAS, the City Council wishes to rent the properties to qualified lessees when it is in the best interest of the City to do so. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARVADA, COLORADO: Section 1. Section 2-211, Leasing of city-owned property, of Article VI, City Property, of Chapter 2, Administration, of the Arvada City Code is hereby repealed and reenacted to read as follows: “Sec. 2-211. Leasing of city-owned property. Applicability. This section applies to all city-owned real property unless such real property is used for wireless communication facilities as stated in Chapter 7 of the Arvada Land Development Code or such real property is located in public rights- of-way. Definitions. For the purposes of this section, the following definitions shall apply: The term "real property" shall include an interest in land and any improvement and facility attached thereto, except public rights-of-way. The term "lease" shall include an agreement, permit, contract, license, easement or other instrument whereby the city grants the exclusive use of all or a portion of real property now or hereafter owned by the city for an indefinite period of time or for a specific period in excess of 30 calendar days. City Council shall approve by resolution any lease of real property owned by the City to a specific lessee for an initial term length satisfactory to the City Council (“Original Lease”). Upon completion of the Original Lease, the city manager or their designee is authorized to approve any subsequent renewals, extensions, or A public hearing on this Council Bill will be held by the Arvada City Council on Monday, July 10 at 6:15pm at 8101 Ralston Road in the Council Chambers. ---PAGE BREAK--- 2 amendments to the Original Lease so long as the lessee remains the same as in the Original Lease. Any change in lessees shall be approved by City Council by resolution. Notwithstanding the foregoing, the City Manager is authorized to terminate a lease without City Council approval when it is in the best interests of the city to do so. City Council shall approve by resolution any program delegating the authority to lease and manage city-owned real property to the City Manager or the appropriate city staff for a specific purpose. All leases of real property, regardless of duration, must be in a form approved by the city attorney.” Section 2. Severability. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each part or parts thereof irrespective of the fact that any part or parts be declared unconstitutional or invalid. Section 3. Effective date. This ordinance shall take effect five days after publication following final passage. INTRODUCED, READ, AND ORDERED PUBLISHED this 5th day of June, 2023. PASSED, ADOPTED, AND APPROVED this day of 2023. Marc Williams, Mayor ATTEST: City Clerk APPROVED AS TO FORM: Rachel A. Morris, City Attorney By: Publication Dates: June 8, 2023 ---PAGE BREAK--- 3 ---PAGE BREAK--- 4 REDLINE/STRIKETHROUGH VERSION FOR INFORMATION ONLY NOT PART OF THE ORDINANCE Underlined indicates new material Strikethrough indicates deleted material Sec. 2-211. - Leasing of city-owned property. Residential property. The city manager or his designee is hereby authorized to negotiate and the mayor to enter on behalf of the city leases of the said residential property. The attached lease designated as Exhibit is hereby approved and shall be used in leasing the said residential property to qualified lessees. Grazing land. The city manager or his designee is hereby authorized to negotiate and the mayor to enter on behalf of the city leases of the said grazing land. The attached lease designated as Exhibit is hereby approved and shall be used in leasing the said grazing land to qualified lessees. Applicability. This section applies to all city-owned real property unless such real property is used for wireless communication facilities as stated in Chapter 7 of the Arvada Land Development Code or such real property is located in public rights-of- way. Definitions. For the purposes of this section, the following definitions shall apply: The term "real property" as used in this section shall include an interest in land and any improvement and facility attached thereto, except public rights- of-way. The term "lease" shall include an agreement, permit, contract, license, easement or other instrument whereby the city grants the exclusive use of all or a portion of real property now or hereafter owned by the city for an indefinite period of time or for a specific period in excess of 30 calendar days. City Council shall approve by resolution any lease of real property owned by the City to a specific lessee for an initial term length satisfactory to the City Council (“Original Lease.”) Upon completion of the Original Lease, the city manager or their designee is authorized to approve any subsequent renewals, extensions, or amendments to the Original Lease so long as the lessee remains the same as in the Original Lease. Any change in lessees shall be approved by City Council by resolution. Notwithstanding the foregoing, the City Manager is authorized to terminate a lease without City Council approval when it is in the best interests of the city to do so. ---PAGE BREAK--- 5 City Council shall approve by resolution any program delegating the authority to lease and manage city-owned real property to the City Manager or the appropriate city staff for a specific purpose. All leases of real property, regardless of duration, must be in a form approved by the city attorney.