ORDINANCE NO. 2015-02

 

AN EMERGENCY ORDINANCE APPROVING A FARM LEASE WITH AN EXTENDED TERM OF THREE YEARS

 

            WHEREAS, the Board of Trustees is authorized by C.R.S. § 31-15-713(1)(c) to lease real estate owned by the Town when deemed by the Board of Trustees to be in the best interest of the Town, provided that any such lease for a period of more than one year shall be by ordinance; and

 

WHEREAS, there has been proposed a Farm Lease between the Town and Trent Cook, a copy of which accompanies this ordinance, which authorizes Cook to farm land owned by the Town as described in the Lease for a period of one year, with the option to extend such term for an additional two years; and

 

            WHEREAS, the Board of Trustees has determined that the proposed Farm Lease is in the best interests of the Town and desires to enter into such agreement with Cook; and

 

WHEREAS, an emergency exists because the preservation of public property, health and welfare requires that Cook be authorized to begin planting crops on the Town’s land so as to effective utilize the growing season, and for the Town to secure necessary easements from Cook for expansion of the Town’s water and sewer systems, all as set forth in the lease.

 

            NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO:

 

Section 1.        The proposed Farm Lease between the Town of Keenesburg and Trent Cook is hereby approved in essentially the same form as the copy of such Lease accompanying this ordinance.

 

            Section 2.        The Mayor is authorized to execute the Lease, and the Mayor is further authorized to negotiate and approve such revisions to said Lease as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease are not altered.

 

            Section 3.        The Mayor and Town staff are further authorized to do all things necessary on behalf of the Town to perform the obligations of the Town under the Lease, and to execute and deliver any and all documents necessary to effect the lease upon the terms and conditions of said Lease, upon Lessee’s compliance with its obligations thereunder and all terms and conditions of said Lease.

 

Section 4.        The Board of Trustees herewith finds, determines, and declares that this ordinance is necessary to the immediate preservation of public property, health, welfare, peace, or safety. Pursuant to C.R.S. § 31-16-105 this ordinance shall be effective upon adoption.

 

      Section 5.        If any article, 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 Board of Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.

 

Section 6.        All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.

 

      INTRODUCED, READ, ADOPTED, APPROVED BY AT LEAST SIX AFFIRMATIVE VOTES, AND ORDERED PUBLISHED IN FULL this 20th day of April, 2015.

 

 

                                                                                    TOWN OF KEENESBURG, COLORADO

 

 

 

                                                                                    _________________________________

                                                                                    Danny Kipp, Mayor

ATTEST:

 

 

 

____________________________

Debra L. Chumley, Town Clerk