Colorado § 29-23-105 - Boundaries of the authority - inclusion - exclusion.

§ 29-23-105. Boundaries of the authority - inclusion - exclusion.

(1) The area comprising the authority shall consist of:

Township 19 South, Range 62 West of the 6th P.M., Pueblo County

Section 32 through 36:

All

Section 31:

Lots 1, 2, 3, and 4, E1/2 NW1/4 and S1/2

Township 20 South, Range 62 West of the 6th P.M., Pueblo County

Section 1 through 17

and 19 through 29:

All

Section 18:

All except the following described land:

Beginning at a point which is 244.2 feet

North of the Southwest corner of said

Section 18; thence East 1,320 feet, thence

North 660 feet; thence West 1,320 feet;

thence South 660 feet to point of beginning;

and except SE1/4 SE1/4

Section 30:

E1/2

Section 31:

Portion NE1/4 lying North of the North

right-of-way line of A.T.& S.F. Railroad;

and all of the E1/2 E1/2 except the NE1/4

NE1/4 lying North of the North right-of-

way of the A.T.& S.F. Railroad

Section 32:

Portion beginning at the Northeast corner of

Section 32; thence South to the Southeast

corner of the NE1/4 of said Section; thence

west along the East-West center line of said

Section to a point which is 1,377.6 feet East

of the center of said Section; thence North

990 feet; thence West 1,817.5 feet; thence

South 990 feet to a point, which point is 425

feet West of the center of said Section;

thence Southeasterly 711 feet to a point on

the North-South center line of said Section,

which point is South a distance of 570 feet

from the center of said Section; thence

Southeasterly 1,046.5 feet to a point on the

Northerly right-of-way line of the A.T.&

S.F. Railroad, which point is East a distance

of 853.2 feet from the point of intersection

of said right-of-way with the North-South

center line of said section; thence Westerly

along said right-of-way line to its point of

intersection with the West line of said

section; thence North to the Northwest

corner of said Section; thence East to the

point of beginning

Section 33:

N1/2

Section 34:

N1/2

Section 35:

N1/2

(2) (a) Property may be included in the area comprising the authority upon satisfying the following requirements:

(I) The owner of the property considered for inclusion must file a written petition to include property with the board; and

(II) The Pueblo county board of county commissioners and the city council of the city of Pueblo must recommend to the board that the property be included; and

(III) There must be a public hearing on the petition, preceded by at least ten days' notice of the hearing published in a newspaper of general circulation in Pueblo county.

(b) Subject to the provisions of this section, the board may approve, modify, or deny the petition and may impose such terms and conditions as it deems appropriate to further its duties and responsibilities.

(c) To approve or modify the petition, the board must take all of the following actions:

(I) Five members of the board must vote in favor of the petition or modification.

(II) The board must find that the requirements of subparagraphs (I) to (III) of paragraph (a) of this subsection (2) have been met.

(III) The board must find that there exists or will exist in the foreseeable future an interrelationship between the authority and the property contained in the petition and that the inclusion of the property in the authority will contribute to the fulfillment of the authority's duties.

(3) Property may be excluded from the boundaries of the authority in the same manner as provided in subsection (2) of this section for the inclusion of property in the boundaries; except that, to approve a petition for exclusion, the board must find there does not exist or will not exist in the foreseeable future an interrelationship between the authority and the property contained in the petition for exclusion and that the exclusion of the property will not significantly adversely impact the authority's operating and bond retirement revenue.

Source: L. 94: Entire article added, p. 956, § 1, effective April 28.