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HomeMy WebLinkAboutbocc.ord.012.2020 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING THE PURCHASE OF THREE CONTIGUOUS PARCELS COMPRISING APPROXIMATELY 406 ACRES WITHIN THE THOMPSON DIVIDE ORDINANCE NO. 012-2020 RECITALS WHEREAS, Pursuant to 30-35-301 C.R.S., the Board of County Commissioners (“BOCC”) of Pitkin County, Colorado a Home Rule County is authorized to make and publish ordinances for carrying into effect or discharging the powers and duties conferred upon such counties by law and as seems necessary, and WHEREAS, Pursuant to Section 2.8.1 of the Home Rule Charter (“HRC”), the BOCC is authorized to take official action by Ordinance for certain matters where action is prescribed pursuant to the Colorado Revised Statutes as amended, and WHEREAS, 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, and WHEREAS, The Open Space and Trails Program is charged with preserving open space lands, and WHEREAS, The three contiguous parcels comprising approximately 406 acres within the Thompson Divide, as further described by Exhibit A attached hereto (the “Property”), possess extraordinary habitat, scenic values and agricultural values, and the owners have agreed to sell the property for between $4,500,000.00 and $5,000,000, subject to a final appraisal, and WHEREAS, Great Outdoors Colorado has awarded Pitkin County a grant in the amount of $854,014 toward the purchase price of the Property, and WHEREAS, the Pitkin County Open Space and Trails Board recommends this acquisition, and WHEREAS, The BOCC finds that adoption of this ordinance is necessary 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 upon adoption, and WHEREAS, The BOCC finds that adoption of this ordinance is in the best interest of the citizens of Pitkin County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts an Ordinance Authorizing the Purchase of the Property Amended by Ordinance 030-2020 on June 24, 2020 and authorizes the Chair or the Chair’s designee to sign the Ordinance and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter. Further, that the Chair or the Chair’s designee shall be authorized to: 1. Approve an expenditure of up to $4,500,000 for the Property and transaction costs up to $40,000. 2. Approve a grant agreement with Great Outdoors Colorado as necessary to accept the $854,014 awarded for this project. 3. Execute a purchase contract and other documents as necessary to complete the transaction upon approval of the form by the County Attorney. 4. That adjustments be made to the year 2020 budget as follows: OPEN SPACE AND TRAILS FUND Previous Budget This Change Revised Project Budget Lot 29 CE Acquisition Acquisition Cost $0 $4,500,000.00 $4,500,000.00 Estimated Transaction Costs $0 $ 40,000.00 $ 40,000.00 Total Expenditure $0 $4,540,000.00 $4,540,000.00 INTRODUCED AND FIRST READ ON THE 25th DAY OF MARCH, 2020 AND SET FOR SECOND READING AND PUBLIC HEARING ON THE 8TH DAY OF APRIL 2020. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 26TH DAY OF MARCH, 2020. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 26TH DAY OF MARCH 2020. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 8TH DAY OF APRIL 2020. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 16TH DAY OF APRIL, 2020. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com ) ON THE 11TH DAY OF APRIL, 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS By _________________________ By: _____________________________ Jeanette Jones Steven F. Child, Chair Deputy County Clerk Date: ______________ APPROVED AS TO FORM: MANAGER APPROVAL ___________________________ _________________________________ John Ely, County Attorney Phylis Mattice for Jon Peacock, County Manager Jan-28-2021