Attachment B - Proposed Resolution 1367

RESOLUTION 1367 A RESOLUTION SUPPORTING A COLORADO DIVISION OF PARKS AND WILDLIFE STATE TRAILS PROGRAM GRANT APPLICATION BY THE OPEN SPACE AND MOUNTAIN PARKS DEPARTMENT TO FUND IMPROVEMENTS TO THE SOUTH MESA TRAILHEAD; AND SETTING FORTH RELATED DETAILS THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO, HEREBY FINDS AND RECITES THAT: A. City Council recognizes the health and conservation benefits of connecting residents and visitors to the natural world and encourages and supports projects that provide those benefits. B. From 2006-2011 the Open Space and Mountain Parks Department worked with the community developed the West Trail Study Area Plan (WTSA) that calls for investments in the city’s trail system and related facilities including those at South Mesa Trailhead to improve the quality of the visitors’ experience, the sustainability of trails and condition of ecological systems. C. The Open Space Board of Trustees approved and recommended City Council’s approval of the WTSA Plan on February 25, 2011. On March 30, 2011, City Council unanimously approved the WTSA Plan. D. The city has the opportunity to apply for Colorado Parks and Wildlife State Trails grant funds in the amount of up to $248,700, administered by Colorado Park and Wildlife. E. This grant funding, if awarded, would help fund implementation of the WSTA Plan by taking the following actions identified in the plan: 1) Bring trailhead infrastructure into compliance with OSMP Classes and Standards for Trailheads; 2) Ensure consistent and basic facilities at all trailheads based on the visitation numbers and standards; 3) Increase access for visitors experiencing disabilities; and 4) Replace infrastructure that is in disrepair. F. The grant application requires a resolution from the applicant’s governing body that specifies that City Council is aware of and supports the application, recognizes the city’s financial and legal obligations, supports the project’s completion and long-term maintenance, and verifies the target property is anticipated to be under the control of the city for at least 25 years. G. Article XII, Section 171(a) of the City of Boulder Charter authorizes the city to acquire, supervise, administer, preserve, and maintain all open space land. H. Article XII of the City of Boulder Charter limits the use of open space funds to certain purposes including open space and passive recreation and outlines a comprehensive and public disposal process prior to conveyance of any open space land interest.

I. The city of Boulder is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The City does not intend to violate the terms and requirements of TABOR by the application for this grant or the adoption of this Resolution. This Resolution does not create a multiple fiscal year direct or indirect debt or obligation within the meaning of TABOR and not withstanding anything in this Resolution to the contrary, all payment obligations of the city of Boulder are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the city’s current fiscal period ending upon the next succeeding December 31 J. It has been the historic practice of the city to retain properties acquired as open space, and to approve a disposal of open space land only where the city could still maintain control of the land or where the property is found to no longer satisfy an open space purpose set forth in Article XII, Sec. 176 of the City of Boulder charter. NOW

THEREFORE,

BASED

ON

THE

FINDINGS

MADE

IN

THIS

RESOLUTION, ABOVE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO, THAT: 1. Boulder City Council supports the application by the Open Space and Mountain Parks Department for grant funds in the amount of up to $248,700, administered by Colorado Park and Wildlife, and authorizes the city manager to apply for such grant. 2. If the Colorado Parks and Wildlife State Trails grant is awarded to the city, City Council supports the completion of the project, recognizes the city’s financial and legal obligations, supports the project’s completion and long-term maintenance. 3. If the Colorado Parks and Wildlife State Trails Grant is awarded to the city, City Council anticipates the target property will be under the control of the city and managed by the Open Space and Mountain Parks Department for at least 25 years, further recognizing that this support is subject to annual appropriation.

ADOPTED this ____ day of ____________________ 2025.

_________________________________ Aaron Brockett, Mayor Attest: __________________________________ Elesha Johnson, City Clerk