TC Ord. 18-15 Amending Section 3.08.037 Extend a Temporary Sales Tax Credit for Renewable Energy ComponentsTOWN OF AVON, COLORADO
ORDINANCE 18-15
AMENDING SECTION 3.08.037 OF THE AVON MUNICIPAL CODE TO
EXTEND 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, Policy G.4.1 of the Town of Avon of the Town of Avon Comprehensive Plan states
a community policy to "Incentivize renewable energy and building techniques which support the
goals of the Climate Action Plan for the Eagle County Community."; and
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 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. Amendment to Avon Municipal Code Section 3.08.037. Avon Municipal Code
Section 3.08.037 Temporary tax credit for Renewable Energy Production Components is
hereby amended, with strut indicating words which are deleted and underline indicating
words which are added, 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 18-15
SECOND READING — August 28, 2018
Page 1 of 3
tax credit shall commence on the effective date of this ordinance and shall continue until December
31, 204-3 2021, 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 public
notice following 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. 4
Section 7. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[EXECUTION PA GE FOLLOWS]
Ord 18-15
SECOND READING — August 28, 2018
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INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on August 14, 2018 and setting such public hearing for August 28, 2018 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
ATTEST:
Jen iie Fancher, Mayor Debbie Hoppe, Town lC'lerk
ADOPTED ON SECOND AND FINAL READING on August 28, 2018.
BY.
Je ie Fancher, Mayor
APPR VED AS FO
E6,ei , Town Attorney
Ord 18-15
SECOND READING — August 28, 2018
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ATTEST:
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Debbie Hoppe, TAn Clerk
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