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HomeMy WebLinkAboutResolution-1974-0318 f~troduced By Alderman Cavarra RESOLUTION NO. 313 Series of 1974 WHEREAS, House Bill No. 1084, enacted during the Second Regular Session of the Forty-Ninth General Assembly, authorizes each municipality to create a Conservation Trust Fund for the acquisi- tion, development and maintenance of new conservation sites; and WHEREAS, House Bill No. 1084 appropriated $725,000.00, and additional funds may be appropriated by the state in subsequent years, for distribution to each county and municipality which creates a Conservation Trust Fund and which certifies to the Department of Revenue that it has created such Fund; and WHEREAS, the City Council of the City of Wheat Ridge desires to create a Conservation Trust Fund and to qualify for distribution of the state appropriated moneys; NOW, THEREFORE, BE IT RESOLVED BV THE City Council of Wheat Ridge: 1. That a Conservation Trust Fund is hereby created pur- suant to C.R.S. 1953, as amended, 138-1-98 and 139-87-5 (139-88-20); 2. That any moneys received from the state in 1974 and subseqJent years for Conservation Trust Fund purposes shall be de- posited in said Conservation Trust Fund and shall be expended, upon direction of the City Council, only in accordance with provisions of C.R.S. 1363, as amended, 138-1-98; and 3. That the Mayor is hereby authorized to prepare and sign, on behalf of the City Council, an affidavit certifying to the Department of Revenue that the City Council has established a Conser- vation Trust Fund in accordance with House Bill No. 1084 and that the City of Wheat Ridge wishes to qualify for distribution of state moneys appropriated for Conservation Trust Fund purposes, DONE AND RESOLVED this 1974 by a vote of 6 to 2nd o day of July , A. D., ~~..,,~4i2 t='aul . Abramson, P ,D. Mayor ATTEST: '1/:0 @ ~J i e -Brougham ~ C~ Y Clerk PAGE 2. - Resolution No, 318 RESOLUTIONS OF BOARD OF lJIR}<:CTORS of (See Wheat Ridge Resolutior No, 318, Series of 1974) ~_~_Ci t'L~! Wheat Ri~~~ (XaHH" or Cumpany) ~47D We!,~_~_A~nu~ Whe_'"-t ~!~tdg~~~l_or~~ I Ai\drp."...n Mayor The undersigned. j-.I.Is,birlt and AUTHORIZING SIGNING OF CHECKS AND NOTES Clerk -~~_.-- oIelrkiall. respectively, of __Ct t \j~_QLJ!!baat_R_iJjg 8 " ~J.mdo corporation, do hereby certify that the following resolutions were unanimously anopted at a meeting of the Board of Directors of said Company, duly called and held on_ Jul \j 2, 1974 at which said meeting more than a quorum of said Board of Directors was present, that said resolutions appear In the minutes of said meeting, and that the same have never been amended, rescinded or revoked. RESOLVED, That the following officers of this company be, and they hereby are authorized, in the name of this company, to collect, dis- count, negotiate, endorse and assign all checks, drafts, notes and other negotiable or non-negotiable instruments pay~ able to this company, or in which this company has an interest, and to draw, sign and deliver, in the name of this company, checks or drafts against the funds of this company on deposit in WHEAT RIDGE NATIONAL BA:c'lK, Wheat Ridge, Colorado. President. NaIlLt> Vice-President Name Secretary' Name (' I \ / ~-? t-~~ -~ t: ;J ..2 , >- - ~. /. Name \.,J .''': I;' "- .j Treasurer' Name FURTHER RESOLVED, That the follOWing officers of this company be. and they are hereby authorized to borrow, on behalf of this company, from time-tO-tlme, from WHEAT RIDGE NATIONAL BANK, Wheat Ridge, Colorado, such sums-of money as they may deem!reeessary or advisable, and in the name of this company, to execute and delivel'- its obligations evidencing any sums so borr d, bearing such dates. payable at such times, with such rates of_ interest and containing such other terms and provisions a id Bank may require - ~ ~ Nanle _ ~------- President ~.....- Name ~---- ---=:...::::- Vice-President Se~ ret3. ry NarIle ~~ Treasurer" N<l.me -~~ ---- --- ---.... FURTHER RESOLVED, That the officers named in the last foregoin" resolution be, and they hereby are. author>-..._ ized to pledge. transfer, assign. endorse and deliver to WHE AT RrDGE NATIONAL BANK, \\'he~t Rid~e, Colo- rado, as security for the repayment of any sums so borrowed, any of the bonds, stocks, bills or accounts receivable, or olher securities of this company, upon such terms as may be required by said Bank, FURTHER RESOLVED, That for the purpose of deposit in the account or accounts of this company with WHEAT RIDGE NATIO:\AL BANK, Wheat Ridge, Colorado, any officer of this company may endorse. sign or deliver on behalf of this company, any checks, orders or other evidence of indebte,iness for the payment of moneys payable to the order of this company, FURTIIER RE30L VED, That the authority of the aforesaid officers to perform each and all of the p,J\vers cC'n: fer!~d. b~ l.~e foregoi~lg rcsolutio'!13 shall continue until notice, in writing, terminating such auth..,rity, shall be se..... ~u upar, WHEAT RlDGF~ NATIONAL BAT'lK, Wheat Ridge, Colorado, and shall be noted upon the certified copy of such resl.)luti6ns delivert'd to said Bank. ) ,\ \ { WITNESS, our hands and the seal of said company this --- Name 1qt rl~y Or nctoh~r, A .-D...,.--'l-'3-74--- SEAL Attest. r' ~) ,..-b'~ ./. ? rL:),z,,~'k4q):A'A"S ~u -- - /1 !ie/rTrTr;;r- -" ,.... ~' Clerk -~~--rN~lV - Mayor FORM \15 l~,;~ $EP 2 6 1914 t'l bi-j C1TY OF ~NHEAT fUDGE MEMORANDUM - i 11~ , . \ )- i i I (', To City Administrator Walter GI'3nde , ' I r .... '''' \_.>_'- ,~', q)..,'--' L/ ~ \ r,' ~J-,-...r-- / - ~---<.- ~ I'~ ._.----" ~ From Subject CDnGervat~on Trust Fund September 15, 1 'J7 L, Date .\pproved Date ; ..i , I ":::...-::"'--- ::..- We have received 510,585,45 from the State of Colorado for deposit in the Conservation Trust Fund established by the Council in Resolution 318. This Fund was authorized by the State Legislature in House 8ill ~Jo, 1084, which was effective on July 1, 1974, Essentially: the bill provides for the appropriation and distribution of monies by the State~ and it further provides for the expenditure of the monies by the recipient local governments. The distribution formula is based solely on percentage of population and the only further requirement the local government must meet is the establishment of a Conservation Trust Fund with proper noti fi cation to the Department of Reven ue, bill provides that the funds oshall be expended only the acquisition, development, and maintenance of new conservation sitesO and that monies be encumbered within five years after they are distributed, New cri;lservation si teB are defined as Ointerests in land and watar, acquired after establishment of a Conservation Trust Fund "0 for park or recreation purposes, for all ~ types of open space including but not limited to flood plains, greenbelts, agricultural lands, or scenic areas, or for any scientific, historic, scenic, recreationali aesthetic, or similar purpose,o It further defines interests in land and water as Oany and all rights and interests in land or-water, or both including fee interests and less than fee interests such as future interests, oevsloomental rights, easements, covenants, and contractual rights. Every interest in land or water may be in '" pElrpetui tv or for a fixed term and shall be deemed to ~n with De land or water to which it pertains for the beneFit of the citizens of this state,O /I~ I Th2 k2V phT3S2 hOEe as fGL as our US8 of the mon2V is concernad is llt~a acquisition, d8v81o~m2nt, ~nd m3intBn~~C2 of new conservCltion sites." That is. sites c:ctLired aftBrthe estsblls:ili1Bnt of OUl-' Consg~vation Trust iunc! (July 2, 1974). A copy of H.B, 1084 is attached" WG:vae \ . . ATTACHMENT RESOLUTION NO. 318 - Page 3. "./~ ~==---,,/:~~.., ;' / .~.:\ ~.....-/<-_;:>.\ I /' ~"" ,\........,,\ ( ! [, ,'" i-n.~,:\ /~,,' -'""" ("'I \ "'- \ ~ f"-''t~ \' '.. /, ^ ~ :~V1\'Y~,\ _d~;~~ ~,'~ ,b\~ \ \~~",".;':.... ~1~:"'~~:7 k~'i:''L' i; 'V :.j /~)I f ""- F 'C"', ,'i kl I \' ;:.:' (' . ,-<<5-~c. y,-\""':"', IC:L .'~7 ,tc,. ?;'~ ;j_~ /.~,-:",,;-;_. '",~.,- ~-~>'Y .6,"'=' 'c::::' '" ".'~' ~-"';"- ~'....~~,: ....~'7 -...;.-"-./ V !~~...t xJ ~.- .'-~,/ ~,. v, ~ ~ -- -~ 1974 HGJSE BILL NO. 1034. BY IEPP2SENTATIVES Sears, Sho;..raltc!', Bende1.ry..; . Ery2:1t, Buech.TJ.er, Bums, Eckelbe:rry. 1 iamlin, 1 ie:::-:b e:-ger t 1 !~"lr.-21 > 1!;Y"e, Koster- . Kral11er. Pettie, Ross. SJ"':~T~'C;::W'-l. T~s~J Valdez, fuJ103-a. B~avici.ez. Farley, Fent-:res5, ~"'~"~- r.,..,~ G'''''''' ,~"...,., L" Vrt ^"~'"- -~ ".,1" S~~"'h ~....,(1 C,--...::"c.~;.,~l""';~!" vc.......:..l.5' ....-.:...t.} .~_"U:::....d"'i~, ..:..O..."--r ~...=:;;.5.::,a_...L, p~....:...t.l.en, ~I"""....J...., c.-,_ S.: -=-"-...:.::;; <:.Iso SB\.A.TORS IL Br-c;.m. !\neier-so:-:. ti, Fo;.rler, L. FCeiler. Ga.:ns,;;/, G. Brown, Calabrese: Cisneros, Cole, Darby, Jac.\so:1, Kogovsek, McComick, Hinister, Parker, Plock, Ruland, SChie':::'::eli.l'l., Shoemaker. Strickla.'1d. a:ld \\'unsc.~. CO~CDNlliG CD:~SERVATION TRUST Fill<'DS OF fUNICIPALITIES NID CDU?IT'IFS, ANTI MAKING f.,N APPRDPRIATION T:--iERERJR. Be it e;;;;.cted by the General Asse.,u 1y of the State of Colorado: ------._~ -- S:::::.TION 1. 133-1-94 (1) (c) , Colorado Revised Statutes 1963. as enacted by se(;ticn 1 of chapter 420, Sessim Laws of ColoJ.ado 1973, is amended to read: 1~8-1-94, ~isp?sition of collections. (1) (c) Following apportlCJ:ll11ent or me CIty, tm.n, and COtmty shares P'dRSIJAVr ill PARAG?.A.PH (b) OF TInS SUBSECI'ICN (1) AND PlJRSUMTT m SECTION 138-1-93) all rem.ainL'1g fmCs shall be credited to the general -6...=:2:1 ar:.d 1.:he g~neral assermJ..y shall m~~e appropriations ..'ne-o--=--- ..i:-._~'J.... - S ("".06-" ... -+- t' 1::t'n-is ~"T"........t-'1A ..... H...L.U.:, ~'." w:e e~ es or ...ne acm::tn1.S ~ra :Lon OJ. ~ cc. L_,-_~. 5.:::3r8N 2, Statu~es 19U3, as SECTION to read; Article ~",,,....,,1_ ~ 1 ~t~J.;'u......~, 1 of chapter 133. Colorado Revised is a."llended BY TIlE AIlDITro:~ OF A NE-'i 138-1-98. Conse~~tia~ trJSL funds. (l) fis useti In this sec~io:1 J l..l.less the ccr:1:ert CCllet'Wlse requires: (c~J t 1:oun tyn ir~:: 1 uie S 2. CO,,"". .:..\..) 3..:l.d cc..-un.ty_ C~pltCl letters indicate n~~ ~zte7~al added ?<:~l1es ~~r(x:.g;~ ~'o:-d:; inclca.'~e deletions from su~~ f;l2.teriC21 not pc:-t of eet. to existi~g st2tutes; existinp' statutes a:,d ~> -83- ATTACHMENT RESOLUTION NO. 318 - Pags 4, CD) f~llgible CCl?Tityl1 0:: J'elir;-il)le rrJ.JT'..icip~litrH 22:1\3 a cx::.nty or nmicipali ty hhic.h has created a conservation tn15t hc:d purst~ant t:J this section a.'1d \.,:h j en has certified to the '-'2;161_ <...,'.ent that it has created sUu\ nmd. (c) "Interests iJ1 l&,d aj1.d \>fater" means any ond all rights c,-r.(1 int~rests ii'1 l<md 0:- water, or both, iI1Cluding fee iIlter~sts a.--:.d less than full fee interests suc..1-t as future interests, develq:mental rights, easements, covenants, a."'l.d contractual rights. Every interest in land or water rr.ay be in perpetuity or for a fixed tern and shall be deemed ta nm with the land or water to which it pertains for the benefit or the citizens of tills stat~, Cd) '~Junicipality" r..eans a stattItory or home rule city or tC)ffi or a territorial charter city. (e) f~Ie"" conservation sites" Deans interests in land and water, acquired after establishment of a conse~lation tTU5t r.~d persuant to this section, for park or recreation purposes, for all types of open space including but not limited to flooeplains, gYeer>.belts, agrialitural lands) or scenic areas, or for any sci~ntifi~, historic, scenic, recreational. aesthetic, or similar purpose , (f) "Population" means the current population estimate prepared by the divisicn of planning pursuant to section 106-3-4, C.R.S. 1963, (2) ea) There is hereby created in the office of the stata treasurer the cor~e~lation trust fund, The general asse~bly shall annually deteTmin~e tr..e arr'Omt to be appropriated to the conseTV'3.tion trust fund, Each ccunty share shall be cpportioned 2.CCOrding to that percent:lge which the population of each C01.mty bears to tre total pcpula tion of all counties; and, wi tJ,in eac}l cotmty. each rn.m.icipali ty's share shall be apportioned according to t1'>.3t pe1'C.-"'11tage whic." the population ,,ri thin each m.micipali ty bears to tr.e total pqml3.ticn 0 f the COlJ1 ty in \"h~;:h 5':cil rn~,icipalit~' is lcc..1ted. r~)n,e depa~~t shall certify to the state treasurer at le~t annually a list or eligible counties a~d municipalities ~,~ a lis t of ineligible c0Ul1ties ;::.,J l"'--TIicipali tles DoS 'he 11 ~s t}:", percentage for allocation to all cowrties and r....:."'1icipalit:~s, 2;1":- sue1 per--~ta~ ror allOCltion so certified sinll be ccfTllieJ iI' all distributi0l15 to COl'nt::::s 2nd l'llmiciD:o!l1ties tntil cn::,..,geJ b" certi.fication to the st2.te treasU:-cr. Fa 1 1 c.,.;ing 5UC"~' c~rti fication, the state tTeasurer sh3.11 distribute CDunty ::'r>.i IT:Lnicipal shares) on or befo~ September 1. 1974, 2nU eo.&, Septu:'.ber 1 therc:lfte:-, in the follcwing r.wner: (1) To each eligible county its share, l;:)ss the shares or all eli5ible municipalities located wiL;LI tr~ county; p"~GE 2-H:l1SE BILL 00. 1084 -84- (T~J ,_ 1 T~) , r~"lCn eligible municip~ll~, lts share ~ ~~ v.. tr,e cell'TIty ~_'; ::.-rc; r-"", , I ~) ,-,-~Ci1 ~_:..:.... _i.;.....j ~,(,.~.21:.:~ -F~11 r::i..:':i.'.::..;;aJ..l:'v~) ~ ...J fF:lpc:-tionate share 0 C a.llY iJ1digible courrcy share> less the C-~~tI'CS of a"1.Y eligible r.nz'.icipali ties within such COtrrlty. (3) ~T() fc~ shall be charged by the state of r.cneys pursuant to this section. for the c..linr.. i s t rat 1 ffil (<1) All ~neys received from the sto.te hy eo.cn e1i~ible cn,nty or eligible "',,-,-<"licipality pursuarlt to this section shall be l~~1':-1;;L ':t:d in its consenratim tIilSt fu;-;d 2.:id shall be expended Glly tOY the acquisiticn: cl~vel~ment, and f;'2-inteaa.."'1ce of n~ ccr.se.,-vatim. sites. All tm.e~lw'7bered state mneys cL."';JDsited ill 0;;,::::-. ft.nds shall !"evert tn the S~2tC Qe71eT2.1 fund 0:1 the thirtlew~ czy of Jtme of the fifth year foll~win~ distribution of the p.:;rticulCiT ccxmty and !i:!.ll1icipal shares. An eligible county or mlElicipality may deposit other moneys appropriated for sL'il.ilar purposes in its conservation trust fund to he expen~ad as authorized in this subsection (4), (5) In the utilization or moneys received pursuant to this s~ction, ea~~ eligible county and each eligible wJnicipality may cooperate or contract with ~~y other government or p01itical subdivision, pursuant to article 2 of ~~o.pter 88, C.R,S. 1963. SECTION 3. Statutes 1963, as SECTION to read: Article 1 of chapter 36, Colorado Revised amended, 1S aJrended BY TIlE ADDITION OF A NEW 36-1-22, Conservation trust fund authorized. Each c~~ty in this state may create a ccnservatlon trust :i:1.md as provided in section 138-1-93, C,R,S. 1963. SECTION 4, Statutes 1963, SECTION to read: Article 87 of chapter 139, Co1oradQ P-evised as arrended, is amended BY THE ADDITION OF A NE'l 139-87-5. Conservation trust fund authorized. this 'tate may create 2 cOPservation trust fund as section 138-1-98, C.R.S. 1963. Eac..1-: tov.'fl m provided ill SECTION 5, Statutes 1963, as SFCTIC:-I to read: Article 88 of chapter 139, Colorado Revised amended, is amended BY 'ffiE ADDITION OF A NB1 139-88-20. Conservation trust fund authorized, Each city in this state may create a conservatlm trust fund as provided in section 138-1-98, C,R.S. 1963. Sr-7IO"1 6. Appropn:::.tion. Thc:-c is hereby apprapri2.tcd cut of an) mneys In the st<l::~ treasury not othenvise D.PJlropriatcd, for the fiscal year endinq Jtme 30. 1975, to j-l,1e 0 ' to d , ~ ~ c ;'.sena~ion t ru.st ftmd in 'b'1e office of ti:e s tate treasurer the SlJI'1 of seven ht..t;1dred to;,enty-five thousand dolla:rs ($725,000). or so nuch tr.ereof as Tr3Y be necessary> for the purposes of this act. ~ SECTION 7, Eff;;;ctiv~ date. This act shall ta2"e ,~ffect July I, 1974. ':~ ,. c. ~ >. ~ ,. ~ r: ;0. !;, o Yo- I" ~ SECTICN 8. S;lfet''( cl3.USe. The aen e""" 1 ,.,~s " t.. _t...... <> __H'_ t-.;;> CTrbJ.Y "e::-;;::lJJ fincis, cle'::~r:nines. Md G...achres that this act 1S necessar/ for t..",e i.-.aredia te preservation of the public peace, hea16, and safety , r~ , t: I ~, , ;:. g. i , ~'; '. , r. i J0M P.. I-':......~r ,s.?EAXE...,< CF TIIE fiJSE OF REPRESE-rr GT/ES Ted L. 0tTlc~~~~ct A.CTE:G PRF-SIDS\7 OF 11-iE SDlAT?