First Regular Session
Sixty-first General Assembly
LLS NO. 970655.01D GWF
HOUSE BILL 971232
STATE OF COLORADO
BY REPRESENTATIVE Grampsas
STATE, VETERANS &
MILITARY AFFAIRS
A BILL FOR AN ACT
CONCERNING THE AUTHORITY OF THE ADJUTANT GENERAL
TO ENTER INTO AGREEMENTS AFFECTING CERTAIN REAL PROPERTY HELD
BY THE STATE OF COLORADO IN JEFFERSON COUNTY.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Modifies the terms of a previous act providing for the disposition of certain property located at Camp George West in Jefferson county. Provides that the property can be traded, rather than just sold. Eliminates the requirement that the land must be used for open space, parks, or recreation purposes. Modifies the description of the property and the number of acres to be conveyed.
Authorizes and directs the adjutant general of the department of military affairs to enter into agreements with respect to easements, rightsofway, and leases on the adjacent property to assist Jefferson county in using the conveyed property for open space, parks, or recreation purposes.
Allows the adjutant general to contract with consultants,
financial advisors, appraisers, attorneys, inspectors, environmental
service providers, and other agents to carry out the purposes
of the act. Allows the controller to advance moneys to pay for
the costs incurred by the department of military affairs that
are associated with the sale, lease, or trade of the property.
Provides that the proceeds from the sale, lease, or trade of the
property shall be used first to repay any advances made by the
controller.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Sections 1 and 6 of chapter 90, Session Laws of Colorado 1996, are amended, and the said chapter 90 is further amended BY THE ADDITION OF A NEW SECTION, to read:
Section 1. Authority and direction
to sell or trade property. The
adjutant general of the department of military affairs, on behalf
of the state of Colorado, is hereby authorized and directed to
TRADE WITH OR sell to the county of Jefferson, by private negotiation,
for not less than its appraised value, for
open space, parks, or recreation purposes
and on such other
terms and conditions as are deemed appropriate by the adjutant
general of the department of military affairs and to execute a
deed of conveyance of the following parcel of real property no
longer suitable for military purposes and situated in Jefferson
county, state of Colorado:
A tract of land, PART OF WHICH IS located in the
Northeast Quarter and the Northwest Quarter of Section 1, Township
4 SOUTH, Range 70 West of the 6th Principal Meridian, AND PART
OF WHICH IS LOCATED IN SECTION 36, TOWNSHIP 3 SOUTH, RANGE 70
WEST OF THE 6TH PRINCIPAL MERIDIAN, Jefferson County, Colorado,
which property constitutes a portion of the property known as
Camp George West, consisting of approximately
62 acres THAT NUMBER OF ACRES TO
BE DETERMINED BY ALL OF THE CONCERNED PARTIES AS NECESSARY AND
APPROPRIATE TO CARRY OUT THE PURPOSES SET OUT IN THIS ACT.
Section 1.5. Leases, easements, rightsofway. THE ADJUTANT GENERAL OF THE DEPARTMENT OF MILITARY AFFAIRS, ON BEHALF OF THE STATE OF COLORADO, IS FURTHER AUTHORIZED AND DIRECTED TO NEGOTIATE AND ENTER INTO AGREEMENTS, FOR NOT LESS THAN THEIR FAIR MARKET VALUE, WITH THE COUNTY OF JEFFERSON AND THE UNITED STATES, CONCERNING ANY LEASES, EASEMENTS, AND RIGHTSOFWAY ON THE LANDS CONTIGUOUS TO THE PROPERTY DESCRIBED IN SECTION 1, FOR THE PURPOSE OF ASSISTING THE COUNTY OF JEFFERSON WITH ESTABLISHING AN AREA TO BE USED FOR OPEN SPACE, PARKS, OR RECREATION.
Section 6. Costs pending sale
proceeds deposited. THE
ADJUTANT GENERAL SHALL HAVE THE AUTHORITY TO ENTER INTO CONTRACTS
OR OTHERWISE ENGAGE THE SERVICES OF CONSULTANTS, FINANCIAL ADVISORS,
APPRAISERS, ATTORNEYS, INSPECTORS, ENVIRONMENTAL SERVICE PROVIDERS,
AND OTHER AGENTS WHOSE SERVICES MAY BE REQUIRED TO CARRY OUT THE
PURPOSES OF THIS ACT. THE CONTROLLER MAY AUTHORIZE ADVANCES PURSUANT
TO SECTION 2475203 (2), COLORADO REVISED STATUTES,
TO PAY THE EXPENSES INCURRED BY THE DEPARTMENT OF MILITARY AFFAIRS
IN CARRYING OUT THE PURPOSES OF THIS ACT, AND THE ADJUTANT GENERAL
SHALL HAVE THE AUTHORITY TO EXPEND MONEYS SO ADVANCED IN CARRYING
OUT THE PURPOSES OF THIS ACT. ANY PROCEEDS FROM THE SALE, LEASE,
OR TRADE OF THE PROPERTY, OR FROM ANY AGREEMENT ENTERED INTO PURSUANT
TO SECTION 1.5, SHALL BE USED FIRST TO REPAY ANY ADVANCES MADE
BY THE CONTROLLER PURSUANT TO THIS SECTION. ANY REMAINING proceeds
from the sale,
LEASE, OR TRADE of the property authorized by this act OR FROM
ANY AGREEMENT ENTERED INTO PURSUANT TO SECTION 1.5, shall be deposited
in the general fund of the state.
SECTION 2. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.