Capital letters indicate new material to be added to existing statute.

Dashes through the words indicate deletions from existing statute.

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.