[BoulderCouncilHotline] additional OSMP Charter Sections

Carlisle, Cynthia CarlisleC at bouldercolorado.gov
Wed Jun 12 09:14:29 MDT 2019


Since the council talked about City Charter Open Space Purposes at the OSMP Master Plan Study Session last night, seems the OSMP charter sections below are also relevant and good to review. Emphasis is mine.
Cindy

Sec. 170. - Creation of a department of open space.

There shall be a department of open space, which shall be responsible for all open space land and other property associated therewith.
As used in this charter, "open space land" shall mean any interest in real property purchased or leased with the sales and use tax pledged to the open space fund pursuant to the vote of the electorate on November 7, 1967, or proceeds thereof, any interest in real property dedicated to the city for open space purposes, and any interest in real property that is ever placed under the direction, supervision, or control of the open space department, unless disposed of as expressly provided in section 177<https://protect-us.mimecast.com/s/SjrKCNkWo1uNonJ7smW4jV?domain=eur04.safelinks.protection.outlook.com> below. (Added by Ord. No. 4996 (1986), § 1<https://protect-us.mimecast.com/s/kCWpCOY6p9iA3PlnfvN0bV?domain=eur04.safelinks.protection.outlook.com>, adopted by electorate on November 4, 1986.)

*        Sec. 177. - Disposal of open space land.

No open space land owned by the city may be sold, leased, traded, or otherwise conveyed, nor may any exclusive license or permit on such open space land be given, until approval of such disposal by the city council. Such approval may be given only after approval of such disposal by the affirmative vote of at least three members of the open space board of trustees after a public hearing held with notice published at least ten days in advance in a newspaper of general circulation in the city, giving the location of the land in question and the intended disposal thereof. No open space land owned by the city shall be disposed of until sixty days following the date of city council approval of such disposal. If, within such sixty-day period, a petition meeting the requirements of Section 45<https://protect-us.mimecast.com/s/erxjCPNWqJU4QD9WC17F6o?domain=eur02.safelinks.protection.outlook.com> above and signed by registered electors of the city to be at least ten percent of the average of the number of registered electors of the city who voted in the previous two municipal candidate elections as of the day the petition is filed with the city clerk, requesting that such disposal be submitted to a vote of the electors, such disposal shall not become effective until the steps indicated in Sections 46<https://protect-us.mimecast.com/s/vpYFCQWgrLc67DgOskDrcX?domain=eur02.safelinks.protection.outlook.com> and 47<https://protect-us.mimecast.com/s/vsOOCR6jvBirNKoEiqpO8y?domain=eur02.safelinks.protection.outlook.com>above have been followed.

This section shall not apply to agricultural leases for crop or grazing purposes for a term of five years or less.

This section is to be construed liberally in favor of providing opportunities for the citizens of the city to refer measures proposing the disposal of any open space land.

(Added by Ord. No. 4996 (1986), § 1, adopted by electorate on November 4, 1986. Further amended by Ord. No. 8272 (2018), § 3, adopted by electorate on November 6, 2018.)






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