HomeMy WebLinkAbout740480.tiff RESOLUTION
RE: CREATING CONSERVATION TRUST FUND FOR THE ACQUISITION,
DEVELOPMENT, AND MAINTENENCE OF NEW CONSERVATION,
SITES IN WELD COUNTY.
WHEREAS, pursuant to law, the Board of County Commissioners
Weld County, Colorado, is vested with the responsibility of administering
the affairs of Weld County, Colorado, and
WHEREAS, Weld County by and through its Board of County
Commissioners, hereby declares its desire to participate in the program
of establishing new conservation sites in Weld County pursuant to Chapter
106, CRS 63, and as amended by House Bill 1084, and
WHEREAS, the Board has determined that it would be in the best
interest of Weld County to preserve certain areas in the County for parks
or recreation purposes, all as provided for and in compliance with the
aforementioned statute.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners, Weld County, Colorado, and it hereby authorizes the
creation of a CONSERVATION TRUST FUND. Said account shall be
funded other than by mill levy and the proceeds therefrom used only for
the acquisition, development, and maintenence of new conservation sites
in Weld County, Colorado.
The above and foregoing Resolution, was a motion duly made and
seconded, adopted by the following vote on the 29th day of May,
A.D., 1974.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Weld County Clerk and Recorder
and Clerk to the Boar
Deputy Cou y Jerk
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1974
HOUSE BILL NO, 1084. BY REPRESENTATIVES Sears, Showalter,
Bendelow, Bryatta Buechner, Burns, Eckelberry, Hamlin,
Herzberger, Hume, Howe, Koster, Kramer, Pettie, Ross,
Southworth, Tempest, Valdez, Arnold, Benavidez, Farley, Fentress,
Gallagher, Gaon, Guam, Lamm, Lloyd, Massari, Mullen, Smith, and
Strahle; also SENATORS H. Brain, Anderson, H. Fowler, L. Fowler,
Garnsey, G. Brawn, Calabrese, Cisneros, Cole, Darby, Jackson,
Kogovsek, McCormick, Minister, Parker, Flock, Ruland,
Schieffelin, Shoemaker, Strickland, and Wunsch.
CONCERNING CONSERVATION TRUST FUNDS OF MUNICIPALITIES AND
COUNTIES, AND MAKING AN APPROPRIATION THEREFOR.
Be it enacted the General Assembly of the State of Colorado:
SECTION 1. 138-1-94 (1) (c), Colorado Revised Statutes
1963, as enacted by section 1 of chapter 420, Session Laws of
Colorado 1973, is amended to read:
138-1-94. Disposition of collections. (1) (c) Following
apportionment of the city, town, and county shares PURSUANT TO
PARAGRAPH (b) OF THIS SUBSECTION (1) AND PURSUANT TO SECTION
138-1-98, all remaining funds shall be credited to the general
fund, and the general assembly shall make appropriations
therefrom for the expenses of the administration of this article.
SECTION 2. Article 1 of chapter 138, Colorado Revised
Statutes 1963, as amended, is amended BY THE ADDITION OF A NEW
SECTION to read:
138-1-98. Conservation trust funds. (1) As used in this
section, unless the context otherwise requires:
(a) "County" includes a city and county.
Capital letters indicate new material added to existing statutes;
dashes through words indicate deletions from existing statutes and
such material not part of act.
(b) "Eligible county" or "eligible municipality" means a C
county or municipality which has created a conservation trust
fund pursuant to this section and which has certified to the
department that it has created such fund.
(c) "Interests in land and water" means any and all rights
and interests in land or water, or both, including fee interests
and less than full fee interests such as future interests,
developmental rights, easements, covenants, and contractual
rights. Every interest in land or water may be in perpetuity or
for a fixed term and shall be deemed to run with the land or
water to which it pertains for the benefit of the citizens of
this state.
(d). "Municipality" means a statutory or home rule city or
town or.a territorial charter city.
(e) "New conservation sites" means interests in land and
water, acquired after establishment of a conservation trust fund
pursuant to this section, for park or recreation purposes, for
all types of open space including but not limited to floodplains,
greenbelts, agricultural lands, or scenic areas, or for any
scientific, historic, scenic, recreational, aesthetic, or similar
purpose.
(f) 'Population" means the current population estimate
prepared by the division of planning pursuant to section 106-3-4,
C.R.S. 1963.
(2) (a) There is hereby created in the office of the state
treasurer the conservation trust fund. The general assembly
shall annually determine the amount to be appropriated to the
conservation trust fund. Each county share shall be apportioned
according to that percentage which the population of each county
bears to the total population of all counties; and, within each
county, each municipality's share shall be apportioned according
to that percentage which the population within each municipality
bears to the total population of the county in which such
municipality is located.
(b) The department shall certify to the state treasurer at
least annually a list of eligible counties and municipalities and
a list of ineligible counties and municipalities as well as the
percentage for allocation to all counties and municipalities, and
such percentage for allocation so certified shall be applied in
all distributions to counties and municipalities until changed by
certification to the state treasurer. Following such
certification, the state treasurer shall distribute county and
municipal shares, on or before September 1, 1974, and each
September 1 thereafter, in the following manner:
(I) To each eligible county its share, less the shares of
all eligible municipalities located within the county;
PAGE 2-HOUSE BILL NO. 1084
(II) To each eligible municipality, its share of the county
share;
• (III) To each eligible county and municipality, its
proportionate share of any ineligible county share, less the
shares of any eligible municipalities within such county.
(3) No fee shall be charged by the state for the
administration of moneys pursuant to this. section.
(4) All moneys received from the state by each eligible
county or eligible municipality pursuant to this section shall be
deposited in its conservation trust fund and shall be expended
only for the acquisition, development, and maintenance of new
conservation sites. All unencumbered state moneys deposited in
such funds shall revert to the state general fund on the
thirtieth day of line of the fifth year following distribution of
the particular county and municipal shares. An eligible county
or municipality may deposit other moneys appropriated for similar
purposes in its conservation trust fund to be expended as
authorized in this subsection (4).
(5) In the utilization of moneys received pursuant to this .
section, each eligible county and each eligible municipality may
cooperate or contract with any other government or political
subdivision, pursuant to article 2 of chapter 88, C.R.S. 1963.
SECTION 3. Article 1 of chapter 36, Colorado Revised
Statutes 1963, as amended, is amended BY THE ADDITION OF A NEW
SECTION to read:
36-1-22. Conservation trust fund authorized. Each county
in this state may create a conservation trust fund as provided in
section 138-1-98, C.R.S. 1963.
SECTION 4. Article 87 of chapter 139, Coloradq Revised
Statutes 1963, as amended, is amended BY THE ADDITION OF A NEW
SECTION to read:
139-87-5. Conservation trust fund authorized. Each town in
this state may create a conservation trust fund as provided in
section 138-1-98, C.R.S. 1963.
SECTION 5. Article 88 of chapter 139, Colorado Revised
Statutes 1963, as amended, is amended BY THE ADDITION OF A NEW
SECTION to read:
139-88-20. Conservation trust fund authorized. Each city
in this state may create a conservation trust fund as provided in
section 138-1-98, C.R.S. 1963.
SECTION 6. Appropriation. There is hereby appropriated out
of any moneys in the state treasury not otherwise appropriated,
PAGE 3-IDUSE BILL NO. 1084
for the fiscal year ending June 30, 1975, to tic conservation
trust find in the office of the state treasurer, the sum of seven (
hundred twenty-five thousand dollars ($725,000), or so much
thereof as maybe necessary, for the purposes of this act.
. SECTION 7. Effective date. This act shall take effect July
1, 1974.
SECTION 8. Safety clause. The general assembly hereby
finds, determines, and declares that this act is necessary for
the immediate preservation of the public peace, health, and
safety.
John D. Fuhr Ted L. Strickland
SPEAKER OF THE HOUSE ACTING PRESIDENT
OF REPRESENTATIVES OF THE 'ID 'TE
Lorraine F. Lombardi Comfort W. Shaw
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED
John D. Vanderhoof
GOVERNOR OF THE STATE OF COLORADO
PAGE 4-HOUSE BILL NO. 1084
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