HomeMy WebLinkAboutBOCC Packet 12192012 Saltonstall Emergency Ordinance AN EMERGENCY ORDINANCE OF THE
BOARD OF COUNTY CO�VIMISSIONERS
OF PITKIN COUNTY,COLORADO,AMENDING ORDINANCE 07-2012 AND
AUTHORIZING SALTONSTALL PRQPERTY ACQUISITION
ORDINANCE#_ , SERIES OF 2012
RECITALS
L The Voters of Pitkin County and the Pitkin County Commissioners established an Open
Space and Trails Fund for the purposes of preserving and providing open space and trails
resources, and established an Open Space and Trails Board of Trustees to guide the
expenditure of those funds.
2. The Saltonstall property (the "Property") includes two landscapes straddling the boundary
of Pitkin and Eagle Counties; wild lands on the Crown, and a broad plain of agriculiural
land irrigated by the Home Supply Ditch at its base.
3. The Saltonstall property is just outside Pitkin County,but possesses natural,wildlife, scenic,
recreational;and agricultural values that are important to the citizens of Pitkin County.
4. Development of the Property would result in loss of important habitat, would degrade the
scenery of the mid valley, and would forever block the possibility of public access on the
property between the Rio Grande Trail and federal lands on the Crown.
5. On March 1, 2012, the Pitkin County Open Space and Trails Board recommended that the
BOCC approve the proposed $5 million purchase contingent on fizndraising from other
sources.
6. The Board of County Commissioners approved Ordinance 07-2012 authorizing this
acquisition and appropriating$1,866,250 Open Space Funds towards the purchase price.
7. The County has now secured funding commitments adequate to satisfy our objective of
limiting Pitkin County's net payment to $1,866,250.
8. On July 2, 2012,Eagle County appropriated$2,000,000 toward this acquisition.
9. On July 24,2012,the Town of Basalt appropriated$500,000 toward this acquisition.
10. Pursuant to a Grant Agreement with Great Outdoors Colorado (GOCO) GOCO is
committed to providing$600,000 toward this acquisition(GOCO Contract# 12410).
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1 l. Pursuant to Resolution 070-2012 the Board of County Commissioners entered into
agreements with Eagle County, Town of Basalt, and G�CO regarding their funding of the
Saltonstall acquisition.
12. Andrew Saltonstall desires to close this consummate the sale in 2Q12, and neither Eagle,
Basalt,nor GOCO may be able to distribute funds until 2013.
13. Pitkin County:desires to ensure the purchase is consummated notwithstanding the timing of
the funding, and therefore wishes to amend Ord. 07-2012, as adopted on March 28, 2012
by appropriating up to the full amount of the $5,000,000 purchase price and relying on
reimbursement from Eagle, GOCO, and Basa1t.
14. On December 18, 2012, the Open Space and Trails Board recommended an initial
expenditure of up to $5,000,000 of Open Space funds, with an anticipated repayment of
$600,000 from GOCO, $2,000,000 from Eagle County, $500,000 from the Town of Basalt.
NOW THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Pitkin County, Colorado,that:
l. The Board amend Ordinance 07-2012 to approves an expenditure of up to
$5,000,000 for the Saltonstall property.
2. Upon approval of the form by the Open Space Director and County Attorney, the
Chair is authorized to execute other documents, , 'including but not limited to a
revised Contract consistent with the agreement described in that prior Ordinance,
needed to consummate this transaction.
3. After acquiring the property, the County may convey a conservation easement to
Eagle County and/or another mutually agreed upon qualified organization, as
provided for under the Pitkin County Home Rule Charter Article 13.5.3.
4. The Board's authorization is contingent on a determination by the Open Space
Director that the County is in substantial comp�iance with the Eagle IGA, Basalt IGA
and GOCO Grant agreement such that each entity is assured of reimbursing Pitkin
County as provided in those agreements.
5. That adjustments be made to the year 2012 budget as follows:
OPEN SPACE AND TRAILS FUND
Previous Revised
Budtet This Chan�eProi Bud�et
Saltonstall Property AcQUisition
Expenditure $1,866,250 $3,144,750 $5,000,000
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6. The BOCC finds that adoption of this emergency ordinance is necessary to
secure the Saltonstall Property and related Easements for the immediate
preservation of the public health, safety and welfare of the citizens of Pitkin
County and therefore declares this ordinance and legislation to be effective
immediately.
INTRODUCED, FIRST READ, AND APPROVED ON THE 19th DAY OF
December,2012.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE DAY OF 2013.
CONFIRMED UPON SECOND READING AND PUBLIC HEARING ON
THE
PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE DAY OF ,2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
. OF PITKIN COUNTY, COLORADO
Jeanette Jones Michael M. Owsley
Deputy Clerk Chair
Date:
APPROVED AS TO FORM:
John Ely Jon Peacock
County Attorney Connty Manager
Dale Will,Director
Open Space and Trails Program
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