HomeMy WebLinkAbout1974-11 Creating a Conservation Trust Fund for the TOV pursuant to the House Bill No 1084 Enacted by the 1974 General Assembly of the State of CO• . •
ORDINANCE NO. 11
Series of 1974
AN EMERGENCY ORDINANCE CREATING A CONSERVATION
TRUST FUND FOR THE TOWN OF VAIL, COLORADO,
PURSUANT TO HOUSE BILL NO. 1084 ENACTED BY THE
1974 GENERAL ASSEM~LY OF THE STATE OF COLORADO
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WHEREAS, House Bill No. 1084, enacted by the 1974
General Assembly of the State of Colorado, authorizes each
municipality to create a Conservation Trust Fund far the
acquisition, development, and maintenance of new conservation
sites;
WHEREAS, House Bill No. 1084 appropriated out of any
monies in the State treasury not otherwise appropriated, for
the fiscal year ending June 30, 1975, to the State conservation
trust fund in the office of the State treasurer, the sum of
$725,000.00, or so much thereof as may be necessary, for the
purposes of said act; and additional funds may be appropriated
to the State conservation trust fund by the General Assembly
in subsequent years;
WHEREAS, House Bill No. 1084 provides that from the
State conservation trust fund there shall be distributed to
an eligible municipality having a conservation trust fund a
share of the annual State appropriation which 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;
WHEREAS, all funds received from the State by an
eligible municipality under said act shall be deposited in
its conservation trust fund and if not expended or encumbered
before June 30 of the fifth year following distribution of
the particular share, said unexpended or unencumbered funds
shall revert to the State general fund;
WHEREAS, the Town Council of the Town of Vail, Colorado,
hereinafter referred to as the "Town", finds that it is in the
public interest to create a Conservation Trust Fund in order
~inance _ No . 1~
Page ~2
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for the Town to become eligible and qualify for distributions
from the State conservation trust fund in 1974 and thereafter
in accordance with said act;
WHEREAS, House Bill No. 1084 became effective on
July 1, 1974, the Department of Revenue of. the State of
Colorado requires that a municipality must submit to it by
July 15, 1974, certification that it has created a con-
servation trust fund in order to be eligible for a distri-
bution during the State fiscal year July 1, 1974 through
June 30, 1975, and the State treasurer will distribute
shares to the eligible counties and municipalities on or
before September 1, 1974; and
WHEREAS, inasmuch as an ordinary ordinance could
not be enacted by July 15, 1974, in view of the aforesaid
circumstances the Town Council considers that the enactment
of this emergency ordinance is necessary for the preservation
of the public property, health, welfare, peace, or safety;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS:
Section 1. Title.
This ordinance shall be known as the "Ordinance
Creating a Conservation Trust Fund".
Section 2. Creation of Conservation Trust Fund.
Pursuant to Sections 138-1-98 and 139-87-5, Colorado
Revised Statutes 1963, as amended, and other applicable
provisions of House Bill No. 1084, enacted by the 1974
General Assembly of the State of Colorado, there is hereby
created the Conservation Trust Fund of the Town of Vail,
Colorado.
O~inance, No . 1.
Page 3
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Section 3. Funds received from State conservation
trust fund shall be deposited in Conservation Trust Fund;
resolution authorizing expenditure of funds.
All funds received by the Town from the State
conservation trust fund shall be forthwith deposited in the
Conservation Trust Fund of the Town of Vail, Colorado; and
the Town Council shall by the adoption of a resolution
authorize the expenditure of said deposited funds only for
the acquisition, development, and maintenance of new con-
servation sites in accordance with the applicable provisions
of House Bi11 No. 1084.
Section 4. Certification to State of eligibility
of the Town for a distribution from the State conservation
trust fund.
The Town Manager is hereby authorized and directed
to forthwith prepare, execute, and deliver the necessary
instruments certifying to the Department of Revenue of the
State of Colorado that the Town has created the Conservation
Trust Fund of the Town of Vail, Colorado, in accordance with
the aforesaid statutes, and to request that the State
treasurer distribute to the Town its share from the State
conservation trust fund on or before September 1, 1974.
Section 5. Effective date.
This ordinance shall take effect upon the passage
hereof.
INTRODUCED, READ AS AN EMERGENCY ORDINANCE, APPROVED,
ENACTED TO TAKE EFFECT UPON FINAL PASSAGE ON THIS DATE, AND
ORDERED PUBLISHED ONCE IN FULL WITHIN TEN DAYS AFTER PASSAGE
OR AS SOON AS POSSIBLE,
ATTEST:
this 2nd day of July, 974.
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Town Clerk ;~ ,%
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lowo of nail
box 100
vail, Colorado 81657
(303) 476-5613
State of Colorado
Department of Revenue
Room 486, State Capitol Annex
1375 Sherman Street
Denver, Colorado 80203
Attention: Mr. Hugh C. Weed, Jr.,
Executive Director
office of the town attorney
July 3, 1974
Re: Conservation Trust Fund of Town of Vail, Colorado,
created pursuant to House Bill No. 1084.
Gentlemen:
Please be informed that the Town of Vail, Colorado, has created
the Conservation Trust Fund of the Town of Vail, Colorado,
pursuant to House Bill No. 1084 enacted by the 1974 General
Assembly of the State of Colorado.
Enclosed is a certified copy of the ~`,ffidavit of the Town
Manager which certifies the creation of the Conservation Trust
Fund and incorporates Ordinance No. 11, Series of 1974, of the
Town of Vail, Colorado, a copy of which is attached to the
Affidavit.
Presuming that the Town of Vail, Colorado, is eligible and
qualifies for distributions from the State of Colorado Conser-
vation Trust Fund, we request that the State Treasurer distri-
bute to us the proper share from said fund on or before
September 1, 1974, as provided in House Bill No. 1084.
Please give me your immediate acknowledgment of this notice and
certification informing me as to whether the Town of Vail will
receive a distribution from the State Conservation Trust Fund,
or if there is any impediment to a distribution to us, give me
a comprehensive explanation thereof. If the Town of Vail is
required to take further action in order to qualify for a
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State of Colorado
Department of Revenue
Attn: Mr. Hugh C. Weed, Jr.
July 3, 1974
Page Two
distribution, I will expect to receive notice thereof from
you forthwith so that we can attempt to take that action and
notify you of it by July 15, 1974, which we have been informed
by the Colorado Municipal League is the deadline for qualifi-
cation for a disbursement for the fiscal year July 1, 1974,
through June 30, 1975.
Sincerely,
~.
Gene A. Smi
Town Attorn
GAS:rjr
Enclosure
Certified Mail/
Return Receipt Requested
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AFFIDAVIT CERTIFYING THE CREATION OF THE
CONSERVATION TRUST FUND OF THE TOWN OF
VAIL, COLORADO
COUNTY OF EAGLE )
ss:
STATE OF COLORADO )
I, Terrell J, Minger, Town Manager of the
Town of Vail, Colorado, do solemnly swear and certify
to the Department of Revenue of the State of Colorado
as follows:
1. That the Town of Vail, Colorado, has created
the Conservation Trust Fund of the Town of Vail, Colorado,
pursuant to Sections 13$-1-98 and 139-87-5, Colorado
R~:vised Statutes 1963, as amended, and other applicable
provisions of House Bill No. 1084, enacted by the 1974
General Assembly of the State of Colorado, through the
enactment of Ordinance No. 11, Series of 1974, which was
enacted as an emergency ordinance on July 2, 1974, a copy
of said ordinance being attached hereto and made a part
hereof .
2. That the Town of Vail, Colorado, considers
that it is eligible and qualifies for distributions from
the State of Colorado conservation trust fund in 1974 and
thereafter in accordance with House Bill No. 1084, and re-
quests that the State treasurer distribute to the Town of
Vail its snare from the State conservation trust fund on or
before September 1, 1974.
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3. That pursuant to the Charter of the Town
of Vail, Colorado, the proper governmental body of the
Town, to-wit the Town Council, has duly authorized me to
make this certification on behalf of the Town to the State
of Colorado.
..
T~r.7c:..~ L J . ING , v
Town Manager
Subscribed and sworn to before
me this 2nd day of July, 1974.
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1 ~ ~ .~~-~ ~--~ Q-~i
Notary Publi U ~ ~/
~~y Commission expires ~o~~emtier ?J, 1977
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ORDINANCE NO. 11
Series of_ 1974
AN Ei`1ERGENCY ORDINANCE CREATING A CONSERVATION
TRUST FUND FOR THE TO~ti'I~ OF VATL, COLORADO,
PURSUANT TO HOUSE BILL NO. 1084 ENACTED BY THE
1974 GENERAL ASSENIPLY OF THE STATE OF COLORADO
W~~EREAS, House Bill No. 1084, enacted by the 1974
General Assembly of the State of Colorado, authorizes each
municipality to create a Conservation Trust Fund for the
acquisition, development, and maintenance of new conservation
sites;
WHEREAS, House Bill No. 1084 appropriated out of any
monies in the State treasury not otherwise appropriated, for
the fiscal year ending June 30, 1975, to the State conservation
trust fund in the office of the State treasurer, the sum of
$725,000.00, or so much thereof as may be necessary, for the
purposes of said act; and additional funds may be appropriated
to the State conservation trust fund by the General Assembly
in subsequent years;
WHEREAS, House Bill No. 1084 provides that from the
State conservation trust fund there shall be distributed to
an eligible municipality having a conservation trust fund a
share of the annual State appropriation which 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;
WHEREAS, all funds received from the State by an
eligible municipality under said act shall be deposited in
its conservation trust fund and i:f not expended or encumbered
before June 30 of the fifth year following distribution of
the particular share, said unexpended or unencumbered funds
shall revert to the State general fund;
WIiEREAS, the Town Council of the Town of Vail, Colorado,
hereinafter referred to as the "Town", finds that it is in the
public interest to create a Conservation Trust Fund in order
'. 0 nance No. 1
Pa a 2.
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for the Town to become eligible and qualify for distributions
from the State conservation trust fund in 1974 and thereafter
in accordance with said act;
WHEREAS, House Bill No. 1084 became effective on
July 1, 1974, the Department of Revenue of_ the State of
Colorado requires that a municipality must submit to it by
July 15, 1974, certification that it has created a con-.
servation trust fund in order to be eligible for a distri-
bution during the State fiscal year July I, 1974 through
June 30, 1975, and the State treasurer will distribute
shares to the eligible countiES and municipalities on or
before September 1, 1974; and
WIiEI2EAS, inasmuch as an ordinary ordinance could
not be enacted by July 15, 1974, in view of the aforesaid
Circumstances the Town Council considers that the enactment
of this emergency ordinance is necessary for the preservation
of the public property, health, welfare, peace, or safety;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS:
Section 1. Title.
This ordinance shall be known as the "Ordinance
Creating a Conservation Trust Fund".
Section 2. Creation of Conservation Trust Fund.
Pursuant to Sections 138-1-98 and 139-87-5, Colorado
Revised Statutes 1963, as amended, and other applicable
provisions of House Bill No. 1084, enacted by the 1974
General Assembly of the State of Colorado, there is hereby
created the Conservation Trust Fund of the Town of Vail,
Colorado.
. • ,~. Oz~ance No. 1~ ~ .
Pac 3 .
Section 3. funds received from State conservation
trust fund shall be deposited in Conservation Trust Fund;
resolution authorizing expenditure of funds.
All funds received by the Town from the State
conservation trust fund shall be forthwith deposited in the
Conservation Trust Fund of the Town of Vail, Colorado; and
the Town Council shall by the adoption of a resolution
authorize the expenditure of said deposited funds only for
the acquisition, development, and maintenance of new con-
servation sites in accordance with the applicable provisions
of house Bill No. 10E4.
Section 4. Certification to State of eligibility
of the Town for a distribution from the State conservation
trust fund.
The Tawn Manager is hereby authorized and directed
to forthwith prepare, execute, and deliver the necessary
instruments certifys.ng to the Department of Revenue of the
State of Colorado that the Town has created the Conservation
Trust Fund of the Town of Vail, Colorado, in accordance with
the aforesaid statutes, and to request that the State
treasurer distribute to the Town its share from the State
conservation trust fund on or before September 1, 1974.
Section 5. I~£fective date.
This ordinance shall take effect upon the passage
hereof.
INTRODUCED, READ AS AN EPdERGENCY ORDINANCE, APPROVED,
ENACTED TO TAKE EFFECT UPON FINAL PASSAGE ON THIS DATE, AND
ORDERED PUBLISI3ED ONCE IN FULL WITHIN TEN DAYS AFTER PASSAGE
OR 71S SOON AS POSSIBLE, this 2nd day of July, 1974.
ATTEST: Mayor
Town Clerk
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CERTIFICATE OF DISPOSITION OF ORDINANCE
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IT 15 HEREBY CERTIFIED purusant to the Charter of the
Town of Vail, Colorado, Article IV, Section 4.14, that Or-
dinance No. ~/ , Series of 1974, to the original of
which this certificate is affixed, was duly adopted on secon/Jdj
reading by the Town Council at its regular meeting on the v~~""'
day of , 1974, its adoption was authenticated
by the sigMures of the P~layor and the Town Clerk, and said
ordinance was duly published in full after said ado(pti`o~~n in
The Va i I Tra i I newspape r on the ,~~'~ day of ,7~~'E~lt/li ,
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1974, as indicated by the certificate of publication of said
nevrspaper which i s a Cached to the or i g i na I of'sa i d ordinance,
and accordingly on the date hereof said ordinance was duly re-
corded in the official records of ordinances of the Town of Vail,
Colorado.
DATED ; Va i I , Co I orado, th i s ~~~~ day of ,~1~~" i~'~!~ `1 ; 1974.
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