TOWN OF GYPSUM, COLORADO

ORDINANCE NO. 08
SERIES 2016
AN ORDINANCE APPROVING ACQUISITION OR CONDEMNATION OF
CERTAIN PROPERTY
WHEREAS, the Town of Gypsum ("Town") is a home rule municipality duly
organized and existing under Articles XX of the Colorado Constitution and the Town's
Home Rule Charter effective October 21, 1982; and
WHEREAS, the Town has adopted the Eagle River Area Plan (the "Plan") which
is a policy document that is intended to guide the decision making process of the
Planning Commission, Town Council, Town Staff, and Eagle County Planning
Commission and the Board of County Commissioners with respect to growth and
development along the Eagle River; and
WHEREAS, the Plan recognizes that "the Eagle River is a prized resource for both
the Town of Gypsum and the greater region" and sets a high priority to "preserve and
complement the natural resources found throughout this corridor for future generations";
and
WHEREAS, the Plan's goals include incorporating more passive hiking trails
along the Eagle River and increased access to the Eagle River for recreation activities
such as fishing and boating, a kayak park, volleyball courts, and gathering spots for
families; restoring disturbed land areas; serving the community's need for increased
water storage, future development, recreation, and wildlife habitat; and identifying an
appropriate site for a new wastewater treatment facility to accommodate new growth (the
"Projects"); and
WHEREAS, a 68.768-acre property (the "Subject Property") described and shown
on Exhibit A, attached hereto and incorporated herein, is directly adjacent to the Eagle
River and in an area for which Projects are identified in the Plan; and
WHEREAS, the Subject Property also is located within the River Management
Zone 3, and includes the Gypsum Ponds State Wildlife Area, found on the north side of
the Eagle River, which is identified by the Plan as "a gem of the Eagle River Corridor";
and
WHEREAS, activity has occurred on the Subject Property that threatens the
preservation of the wetlands, including excavation of drainage ditches within the
wetlands and installation of pumps to withdraw water from the wetlands; and
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WHEREAS, at the time of annexation of the majority of the Subject Property and
also in recent discussions regarding compliance with terms of the Annexation Agreement,
the Town has expressed its desire to acquire the Subject Property and the owners have
indicated a willingness to discuss the sale, but the parties have been unable to agree to
terms; and
WHEREAS, pursuant to Article XX of the Colorado Constitution and Section 1.3
of the Town of Gypsum Home Rule Charter, the Town is authorized to exercise the
power of eminent domain and dominant eminent domain to acquire any property
necessary to the exercise of its powers in accordance with the provisions in C.R.S. 381-101 et seq.; and
WHEREAS the Gypsum Town Council ("Council") hereby finds and determines
that there is a need and necessity to acquire the Subject Property for the Projects, by
negotiation or, if necessary, through the Town's exercise of its power of eminent domain;
and
NOW, THEREFORE, be it ordained by the Town Council of the Town of
Gypsum, Colorado that:

Section 1. Notice. The Town's attorney, staff, or agents are authorized to give
notice pursuant to C.R.S. 38-1-121(1), of the Town's intent to acquire the Subject
Property by good faith negotiations, or if necessary, by eminent domain.
Section 2.
Public Use or Public Purpose and Necessity. The Council hereby
finds and determines that fee simple acquisition of the Subject Property for the Projects
serves or furthers a public use or public purpose and that there is a need and necessity to
acquire the Subject Property for those public uses or purposes and to protect the public
health, safety and welfare of the citizens of the Town.
Section 3.
Good Faith Negotiations. The Town, its staff, consultants, or agents
are authorized to commence or continue negotiations and to make offer(s) of
compensation for the acquisition of the Subject Property, with any final agreement
subject to approval of the Town Council.
Section 4.
Eminent Domain. If the Town is unable to acquire the Subject
Property through such good faith negotiations, the Town's attorney or an attorney
designated thereby, is hereby expressly authorized and directed to acquire the Subject
Property by exercise of the Town's power of eminent domain, to take whatever other
actions are necessary to prosecute the eminent domain proceeding and acquire the
Property, and to obtain court orders for immediate possession thereof.
Section 5.
Consultants. The Town Council authorizes the engagement of
appraisers, engineers, attorneys and other professional consultants as may be needed to
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effectuate the acquisition of the Subject Property and also authorizes the Mayor to
approve and enter into such engagement agreements.

Section 6. Amendments. The Town's staff, consultants, or agents, consistent

with the intent of the Projects, shall have the authority to amend the legal descriptions of
the parcels to be acquired or the nature of interests to be acquired, as deemed necessary
for the Projects, and any such amendments shall be included in the definition of the
Subject Property contained therein.
Section 7.
Public Inspection. Copies of this ordinance and the Gypsum
Municipal Code are available for public inspection at the office of the Gypsum Town
Clerk.
Section 8.
Public Hearing: A public hearing on this Ordinance shall be held on
the 26th day of July, 2016, at 7:00p.m. at the Town of Gypsum Town Hall, 50 Lundgren
Boulevard, Gypsum, Colorado.
Section 9. Effective Date. This Ordinance shall become effective as a
permanent Ordinance five (5) days after publication, following fmal adoption after a
public hearing held on the 26th day of July, 2016, at 7:00p.m., at the Gypsum Town Hall,
50 Lundgren Blvd., Gypsum, Colorado.
Section 10. Severability. If any portion of this Ordinance is found to be void or
ineffective, it shall be deemed severed from this Ordinance and the remaining provisions
shall remain valid and in full force and effect.
INTRODUCED, READ AND ORDERED PUBLISHED BY THE TOWN
COUNCIL OF THE TOWN OF GYPSUM, COLORADO, UPON A MOTION DULY
MADE, SECONDED AND PASSED AT ITS REGULAR MEETING HELD AT THE
TOWN OF GYPSUM ON THE 12TH DAY OF JULY, 2016, BY A VOTE OF _]____ IN
FAVOR AND _jJ_ AGAINST.

TO~
~

By:
Stephen M. Carver, Mayor
Attest:

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FINALLY ADOPTED, PASSED AND APPROVED ON JULY 26,2016.

TOWN OF GYPSUM

Si_.

By:
Stephen M. Carver, Mayor
Attest:

Danette Schlegel, Town Clerk

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