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HomeMy WebLinkAbout880888.tiff RESOLUTION RE: APPROVE LANGUAGE FOR AMENDMENT TO SERVICE PLAN OF THE PROPOSED FORT LUPTON PARK AND RECREATION DISTRICT WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , the Board did, by Resolution dated August 24 , 1988 , conditionally approve the Service Plan of the proposed Fort Lupton Park and Recreation District, and WHEREAS, said Resolution required that certain Amendments to the Service Plan should be approved by the Board. WHEREAS, after review, it was determined that the language presented by the petitioner met the conditions of approval of the Service Plan and the Service Plan shall be deemed amended by the addition of the following language : I . If the timing of the District' s formation is such that it will be unable to collect revenues other than participation fees or contributions , the District will adopt an initial budget so as to reflect the fact that the District will carry out only those District functions required by law, and assume only those portions of recreation activity programming as can be supported by revenues actually received in the District' s initial year of operations. Full District operations pursuant to this Service Plan will be conducted only at such time as timely receipt of property tax, specific ownership tax, and Conservation Trust Fund revenues are assured. Receipt of such tax and Conservation Trust Fund revenues will not occur until after January 1 , 1990 . II . Construction, installation, improvement, acquisition or renovation of any capital facility not specifically set forth in the Service Plan shall he deemed a material modification of this Service Plan, requiring approval of the Weld County Board of County Commissioners pursuant to Section 32-1-207 , C.R.S . , as amended , prior to the budgeting and expenditure of funds upon such capital facility. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the above amendments to the Service Plan of the proposed Fort Lupton Park and Recreation District be, and hereby are, approved. 880888 Page 2 RE: AMEND SERVICE PLAN - FT. LUPTON PARK & RECREATION DISTRICT The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 7th day of September, A.D. , 1988 . BOARD OF COUNTY COMMISSIONERS ATTEST: WE OUNTY, COLORADO Weld County lerk and Recorder L and Clerk to the Board ene R. Brantner, Chairman 4 % \\ % ., ,ti C.W. Kirby,`/ 7/, � tAfi em Deputy Cou4ty 'Clerk EXCUSED APPROVED AS TO FORM: Jacquuel 'ne ' / % ohnson _ V / 9 G dbff ounty Attorney Frank -tW igu c ji �5 r. 880888 COWNS & COCKREL. P.C. DRAFT # - -- tier SUPPLEMENT TO FORT LUPTON PARK AND RECREATION SERVICE PLAN $- The following supplement shall be incorporated into and made - a part of the Fort Lupton Park and Recreation District Service Plan: I. IF THE TIMING OF THE DISTRICT'S FORMATION IS SUCH THAT IT WILL BE UNABLE TO COLLECT REVENUES OTHER THAN PARTICIPATION FEES OR CONTRIBUTIONS, THE DISTRICT WILL ADOPT AN INITIAL BUDGET SO AS TO REFLECT %HAT THE FACT THAT THE DISTRICT WILL CARRY OUT ONLY THOSE DISTRICT FUNCTIONS REQUIRED BY LAW, AND ASSUME ONLY THOSE PORTIONS OF RECREATION ACTIVITY PROGRAMMING AS CAN BE SUPPORTED BY REVENUES ACTUALLY RECEIVED IN THE DISTRICT'S INITIAL YEAR OF OPERATIONS. FULL DISTRICT OPERATIONS PURSUANT TO THIS SERVICE PLAN WILL BE CONDUCTED ONLY AT SUCH TIME AS TIMELY RECEIPT OF PROPERTY TAX, SPECIFIC OWNERSHIP TAX, AND CONSERVATION TRUST FUND REVENUES ARE ASSURED. RECEIPT OF SUCH TAX AND CONSERVATION TRUST FUND REVENUES WILL NOT OCCUR UNTILAJANUARy 1, 1990. ►�FY"Crz II. CONSTRUCTION, INSTALLATION, IMPROVEMENT, ACQUISITION OR RENOVATION OF ANY CAPITAL FACILITY NOT SPECIFICALLY SET FORTH IN THIS SERVICE PLAN SHALL BE DEEMED A MATERIAL MODIFICATION OF THIS SERVICE PLAN, REQUIRING APPROVAL OF THE WELD COUNTY BOARD OF COUNTY COMMISSIONERS PURSUANT TO SECTION 32-1-207, C.R. S. , AS AMENDED, PRIOR TO THE BUDGETING AND EXPENDITURE OF FUNDS UPON SUCH CAPITAL FACILITY. 880588 Hello