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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 ~l • 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 • , ~. 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 • , • 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. r Town Clerk ;~ ,% • • 1~ Iy 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 • ~ • :~ ~ ~ ~ ~ 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 . • ~ • ~ • 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. ~ i • i 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. ----_7 1 ~ ~ .~~-~ ~--~ Q-~i Notary Publi U ~ ~/ ~~y Commission expires ~o~~emtier ?J, 1977 • , • ~ __ 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. • , • 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 ~^ ~~ . . u ~ i• • CERTIFICATE OF DISPOSITION OF ORDINANCE • ,. 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 , U ~ 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. r/ ~~~~,~~ '~ Tow Kirk v