HomeMy WebLinkAboutC84-014 MOU_State Board of Land Commissioners0 MEMORANDUM OF UNDERSTANDING WHEREAS, it seems fitting and appropriate to the State Board of Land Commissioners, as well as to the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter "Eagle County"), to record their understanding of their respective responsibilities and duties in a manner calculated to remove apparent conflicts between state and local interests; and WHEREAS, by virtue of Article IX, Sections 9 and 10 of the Colorado Constitution, and Articles 1 through 6, inclusive of Title 36, C.R.S., the State Board of Land Commissioners is charged with the administration of those trust lands granted the state for the vested purpose of producing maximum revenues to benefit the public schools and other state institutions; and WHEREAS, by virtue of provisions of law, including, but not limited to Article 28 of Title 30, C.R.S., the various boards of county commissioners of this state are required to adopt master plans and subdivision regulations for the physical development of the unincorporated territory of their respective counties and, further, are authorized to make and -enforce zoning regulations and building codes in such unincorporated territories; and WHEREAS, such plans, regulations and codes are designed and enacted for the purpose of promoting the health, safety, and welfare of the present and future inhabitants of the State of Colorado; and WHEREAS, both the Board of Land Commissioners and Eagle County respect each other's legal obligations and neither wishes to interfere with the execution of the lawful duties of the other. NOW, THEREFORE, BE IT UNDERSTOOD by the parties hereto that the Board of County Commissioners of the County of Eagle, State of Colorado, and the State Board of Land Commissioners will undertake, within their jurisdictional powers, to dispel any misconception or misunderstanding with respect to mutually reconcilable requirements and provisions of law; and BE IT FURTHER UNDERSTOOD, that Eagle County will recognize the obligation of political subdivisions to protect the interests of the state trusts in the exercise of their zoning decisions; and q BE IT FURTHER UNDERSTOOD, that the Board of Land Commissioners will include in its leases provisions directing lessees of parcels of state land, as to which land use changes are contemplated, to use such parcels in ways that will comply with all local land use control, including, as the case may be, master plans, zoning and subdivision regulations and building codes; and BE IT FURTHER UNDERSTOOD, that Eagle County shall, before the adoption of any master plan, work with the Board of Land Commissioners on the planning or designating land use of those lands under the control of the Board of Land Commissioners; and BE IT FURTHER UNDERSTOOD, that Eagle County shall take into account at all appropriate times, the fact that the Board of Land Commissioners is obliged, under law, to maximize its return on all trust parcels. DATED: STATE BOARD OF LAND COMMISSIONERS Rowena Rogers, resident I Tommy Nea]l,..-Register COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS h By: (4j. W. Keith Troxel, C irman ATTEST: r By • A� Wm. . Claire, Engineer er o t e Bo rd-of County Commissioners -2-