§ 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.

Legislative History

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