TC Ord. No. 2016-03 Temporary Sales Tax Credit for the Installation of Renewable Energy Production ComponentsAvon
C O L O R A D O
TOWN OF AVON, COLORADO
ORDINANCE NO. 16 -03
AMENDING CHAPTER 3.08 OF THE AVON MUNICIPAL CODE TO ENACT
SECTION 3.08.037 TO PROVIDE A TEMPORARY SALES TAX CREDIT FOR
THE INSTALLATION OF RENEWABLE ENERGY PRODUCTION
COMPONENTS
WHEREAS, pursuant to C.R.S. §31 -15 -103 and §31 -15 -104, and pursuant to the home rule
powers of the Town of Avon ( "Town "), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants;
WHEREAS, Goal HA of the Town of Avon Comprehensive Plan states a community goal to
"Conserve environmental resources to ensure their most efficient use. ";
WHEREAS, the Town Council finds that a temporary sales tax credit to provide an
incentive to encourage the installation of renewable energy production components in Avon will
promote a community goal to conserve environmental resources and will thereby promote the
health safety and general welfare of the Avon community; and,
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that
the Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a public hearing in order to provide the public an opportunity to present testimony and
evidence regarding the application and that approval of this Ordinance on First Reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Section 3.08.037 Enacted. Chapter 3.08 Sales Tax of the Avon Municipal Code
is hereby amended by enacting a new Section 3.08.037 Temporary tax credit for Renewable
Energy Production Components to read as follows:
"3.08.037 Temporary Tax Credit for Renewable Energy Production Components.
Notwithstanding any other provision of this Chapter, there shall be granted a temporary sales tax
credit to each person owing tax on the sale of components used in the production of electricity,
generation of heat or cooling of air, from a renewable energy source, including but not limited to
wind, solar, solar thermal systems, and geothermal energy systems, provided that this temporary
Ord 16-03 Enacting Temporary Sales Tax Credit for Renewable Energy Production Components
FINAL READING April 12, 2016
Page 1 of 3
tax credit shall commence on April 13, 2016 and shall continue until December 31, 2018,
whereupon this temporary tax credit shall automatically expire unless extended by adoption of an
ordinance. Neither the ability of the Town to grant the temporary tax credit nor the termination of
the credit shall constitute a tax increase, the imposition of a new tax or a tax policy change."
Section 3. Codification Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 4. Non- severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid or enforceable, such
invalidity or effect shall render the entire ordinance void and not effective, it being the intention
of the Council that is this all provisions of this Ordinance are not severable and that Council
would not have adopted this Ordinance if any provision of this Ordinance is invalid or not
effective. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[EXECUTION PAGE FOLLOWS]
Ord 16 -03 Enacting Temporary Sales Tax Credit for Renewable Energy Production Components
FINAL READING April 12, 2016
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INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on March 22, 2016 and setting such public hearing for April 12, 2016 at the Council
Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY• ATTEST:
Jerrie Fancher, Mayor Debbie Hoppe, Tow Jerk
ADOPTED ON SECOND AND FINAL READING on April 12, 2016.
Je ie Fancher, Mayor
APPROVED AS TO FORM:
Eric J eil, Town Attorney
ATTEST:
bie Hoppe, Town
Ord 16 -03 Enacting Temporary Sales Tax Credit for Renewable Energy Production Components
FINAL READING April 12, 2016
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