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C. Shareback Funds are those monies distributed to the incorporated municipalities wholly and/or partially in Arapahoe County
for open space uses as more fully set forth below.
1. These funds will be distributed to each incorporated municipality within or partially within Arapahoe County based on the
population within said jurisdiction in Arapahoe County and the total incorporated population of Arapahoe County.
2. The population figures will be updated annually based on the official figures provided by the Demography Section of the
Colorado Department of Local Affairs or any state agency which takes over the duties and responsibilities of said Demography
Section.
3. The Shareback Funds will be distributed on an annual basis to each incorporated municipality, wholly or partially within
Arapahoe County, provided that:
a. The incorporated municipality has entered into an Intergovernmental Agreement (IGA) with the Board of County Commissioners.
b. Such required IGA reflects the terms, conditions, intent and purpose of this Resolution consistent with the guidelines
as set forth in Section VIII (C) and (E) below.
c. Shareback Funds may be used for the open space uses as set forth in Section VIII (E) below.
d. In addition, Shareback Funds may be used to purchase and/or develop and/or improve neighborhood and regional parks and/or
sports fields.
e. Further, an incorporated municipality may use up to twenty percent (20%) of its Shareback Funds distributed by the County
annually to maintain existing or new open space properties, trails, neighborhood and regional parks, and sports fields.
f. Incorporated municipalities may bank Shareback Funds from year to year as long as such funds are expended in accordance
with the purposes set forth in this Resolution, and such is noted in the Annual Municipal Expenditure Report as set forth
in Section VIII (C)(3)(g).
g. Every December 31st, each incorporated municipality, which received Shareback Funds, must certify and submit in writing,
to the Board of County Commissioners, that the funds were used in conformance with this Resolution and must detail the expenditures
of its Shareback Funds. Such submission shall be called the Annual Municipal Expenditure Report.
h. If Shareback Funds are not used in accordance with the provisions and guidelines set forth in this Resolution and/or are
used in violation of the terms and conditions of the IGA, the offending incorporated municipality will be ineligible for future
Shareback Funds, unless and until a compliance plan is submitted by the offending municipality to and approved by the Board
of County Commissioners.
i. If the offending municipality fails to submit a compliance plan approved by the Board of County Commissioners or fails
to meet the requirements of the Board of County Commissioners' approved compliance plan, then the Share of the non-complying
entity will be distributed, based on annual population figures, among the other participating incorporated municipalities.
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