(1)In addition to the powers specified in section 32-1-1001, the board of any park
and recreation district has the following powers for and on behalf of such district:
(a)To operate a system of television relay and translator facilities and to
use, acquire, equip, and maintain land, buildings, and other recreational facilities
therefor;
(b)To use the power granted in section 32-1-1001 (1)(f) for the establishment
of recreational facilities, including leases, easements, and other interests in land for
the preservation or conservation of sites, scenes, open space, and vistas of
recreational, scientific, historic, aesthetic, or other public interest. Interests in
land, as used in this paragraph (b), means any rights and interests in land less than
the full fee interest, including
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(1) In addition to the powers specified in section 32-1-1001, the board of any park
and recreation district has the following powers for and on behalf of such district:
(a) To operate a system of television relay and translator facilities and to
use, acquire, equip, and maintain land, buildings, and other recreational facilities
therefor;
(b) To use the power granted in section 32-1-1001 (1)(f) for the establishment
of recreational facilities, including leases, easements, and other interests in land for
the preservation or conservation of sites, scenes, open space, and vistas of
recreational, scientific, historic, aesthetic, or other public interest. Interests in
land, as used in this paragraph (b), means any rights and interests in land less than
the full fee interest, including but not limited to future interests, easements,
covenants, and contractual rights. Every such interest in land, held pursuant to this
paragraph (b), when recorded shall be deemed to run with the land to which it
pertains for the benefit of the park and recreation district and may be protected
and enforced by such district in any court of general jurisdiction by any proceeding
known at law or in equity.
(c) To have and exercise the power of eminent domain and, in the manner
provided by article 1 of title 38, C.R.S., to take any property necessary to the
exercise of the powers granted, both within and without the special district, only for
the purposes of television relay and translator facilities, and, within the boundaries
of the district, only for the purpose of easements and rights-of-way for access to
park and recreational facilities operated by the special district and only where no
other access to such facilities exists or can be acquired by other means.
(2) (a) No district shall construct, own, or operate any bowling alley, roller
skating rink, batting cage, golf course on which the game is played on an artificial
surface, or an amusement park which has water recreation as its central theme,
unless the board of such district receives approval for such project from the board
of county commissioners of each county which has territory included in the district.
The board of county commissioners shall disapprove the facility or service unless
evidence satisfactory to the board of each of the following is presented:
(I) The facility or service is not adequately provided in the district by private
providers;
(II) There is sufficient existing and projected need for the facility or service
within the district;
(III) The existing facilities or services in the district are inadequate for
present and projected needs;
(IV) The district has or will have the financial ability to discharge any
proposed indebtedness on a reasonable basis; and
(V) The facility or service will be in the best interests of the district and of
the residents of the district.
(b) In addition to any existing notice requirements, notice of the hearing of
the board of county commissioners on the proposal of the district to construct, own,
or operate a facility or to provide a service pursuant to this subsection (2) shall be
sent by the district to all providers of the same or similar type of facility or service
located within two miles of the proposed facility or service no later than ten days
prior to such hearing. The notice required by this paragraph (b) will be deemed to
have been sent to all required providers if said notice has been sent by first-class
mail, postage prepaid, to all such providers listed in a current classified telephone
directory and to all such providers whose names are provided to the district by the
appropriate trade association.