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TC Ord. No. 1980-046 6 TOWN OF AVON ORDINANCE NO. 4 SERIES OF 1980 AN ORDINANCE CONCERNING VACATION PLANS, VACATION LICENSES, VACATION LEASES, VACATION CLUB MEMBERSHIPS, TIME-SHARING PLANS AND OTHER INTERVAL OWNERSHIP OR PLANS; PROVIDING FOR A MORATORIUM ON THE ORIGIN, INITIATION, MARKETING AND SALES OF ANY SUCH PLAN OR DEVICE DURING WHICH MORATORIUM SUCH ACTIVITY SHALL NOT BE PERMITTED AND DURING SUCH PERIOD SUCH ACTIVITY SHALL BE SUBJECT TO STUDY; INVITING INPUT CONCERNING FUTURE REGULATION AND LEGISLATION FROM THE PUBLIC AND ANY INTERESTED CITIZENS OR GROUPS; EXPRESSING THE INTENTION OF THE TOWN COUNCIL TO LEGISLATE AND REGULATE IN THIS AREA CON- SISTENT WITH THE PUBLIC HEALTH, WELFARE AND SAFETY- WHEREAS, the phenomenon known generally as "time-sharing" is found in many ski resort towns in Colorado; and WHEREAS, certain overtures and proposals have been made to the Town of Avon by those interested in establishing time-sharing plans or programs in the Town of Avon; and WHEREAS, time-sharing in its various forms is a complex subject involving Land Use, Zoning, Securities and Property Law, among others; and WHEREAS, the permissible regulation of time-sharing is a subject within the scope of authority of the Town Council acting in the interest of the public health, safety and welfare; and WHEREAS, such regulation and legislation, if enacted, should represent a fair consensus and a reasonable, workable plan; and -1- WHEREAS, it is necessary to study the subject as well as the possible approaches toward achievement of the goals; and WHEREAS, by Resolution No. 24 adopted November 27, 1979, a moratorium on time-sharing was declared until March 15, 1980, and a study of the same directed; and WHEREAS, such study cannot be completed by March 15, 1980; and WHEREAS, there is now pending before the General Assembly of the State of Colorado legislation which would have a significant effect on time-sharing. NOW THEREFORE, BE IT ORDAINED BY THE T014N COUNCIL FOR THE TOWN OF AVON, COLORADO: 1. That there is declared a moratorium, effective immediately, on the origin, initiation, marketing and sales, as well as all related or similar activity, in connection with all vacation plans, vacation licenses, vacation leases, vacation club memberships, time-sharing plans and other in- terval ownership or plans and such activity is hereby prohibited. 2. That this moratorium shall continue for a reasonable time period and until June 15, 1980, or until the Council may determine by Ordinance. 3. That during this moratorium the Council shall con- tinue to study the time-sharing phenomenon as it applies or may apply to the Town of Avon and such study shall be directed to- ward the possibility of enacting legislation, if it appears to the Council that legislation in this area is desirable. -2- 0 0 4. That the Council herebv invites the thoughts, opinions and ideas of any persons or groups on the subject of time-sharing and the regulation thereof. INTRODUCED, READ AND PASSED ON THE FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, THIS ZLtk DAY OF LZ' 1980, AND A PUBLIC HEARING ON THIS ORDINANCE SHALL BE HELD AT THE MEETING OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, ON THE DAY OF r 1980, AT 7:30 P.M. IN THE MUNICIPAL OFFICES OF THE TOWN. & An elo Alpi, M yor ATTEST: Patricia J. D' le, To Clerk INTRODUCED, READ AND PASSED ON SECOND READING, APPROVED, AND ORDERED PUBLISHED THIS - DAY OF , 1980. 4 An§elo . Alpi, May r ATTEST: Patricia J. oyle, T wn Clerk -3- 1 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 11th DAY OF MARCH, 1980 AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE N0.#80-4, SERIES OF 1980: AN ORDINANCE CONCERNING VACATION PLANS, VACATION LICENSES, VACATION LEASES, VACATION CLUB MEMBERSHIPS, TIME-SHARING PLANS AND OTHER INTERVAL OWNERSHIP OR PLANS; PROVIDING FOR A MORATORIUM ON THE ORIGIN, INITIATION, MARKETING AND SALES OF ANY SUCH PLAN OR DEVICE DURING WHICH MORATORIUM SUCH ACTIVITY SHALL NOT BE PERMITTED AND DURING SUCH PERIOD SUCH ACTIVITY SHALL BE SUBJECT TO STUDY; INVITING INPUT CONCERNING FUTURE REGULATION AND LEGISLATION FROM THE PUBLIC AND ANY INTERESTED CITIZENS OR GROUPS; EXPRESSING THE INTENTION OF THE TOWN COUNCIL TO LEGISLATE AND REGULATE IN THIS AREA CONSISTENT WITH THE PUBLIC HEALTH, WELFARE AND SAFETY. A copy of said ordinance is attached hereto and is also on file at the office of the Town Clerk and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice given and published by order of the Town Council of the Town of Avon, Colorado. Dated this 28th day of February, 1980 TOWN OF AVON, COLORADO B Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON FEBRUARY 28, 1980. THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, AVON POST OFFICE THE MAIN ENTRANCE OF EAGLE VALLEY BOWL THE PESTER GAS STATION; AND THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER