TC Ord. No. 1980-06Recor4ad at 2:30 p.m. June 11, 1980 Fee $14.00
®314 #Johnnette Phillips', Eagle CounfRecorder
Book 303 Page 928
TOWN OF AVON
ORDINANCE NO. 6
SERIES OF 1980
NC,/
AN ORDINANCE REPEALING ORDINANCE NUMBER 8, SERIES OF 1978; IMPOSING
A TAX UPON THE TRANSFER OF INTERESTS IN REAL PROPERTY; SETTING OUT
THE TRANSACTIONS SUBJECT TO THE TAX AND THE PERSONS RESPONSIBLE
FOR THE PAYMENT THEREOF; DEFINING CERTAIN TERMS AS USED HEREIN;
SETTING OUT THE METHOD BY WHICH THE AMOUNT OF THE TAX IS COMPUTED;
PROVIDING FOR CERTAIN EXEMPTIONS TO THE IMPOSITION OF THE TAX;
E-STABLISHING PROCEDURES FOR FILING AN APPLICATION FOR EXEMPTION FROM
THE TAX; SETTING OUT THE DATES, PENALTIES AND RATES, OF,cINTEREST:••:_
WHICH APPLY AND DEFINING DELINQUENCY WITH RESPECT TO PAYMENT; PRO-
VIDING FOR A LIEN ON PROPERTY IN CASES WHERE THE TAX REMAINS UNPAID;
PROVIDING A PENALTY FOR THE VIOLATION HEREOF; AND PROVIDING FOR
ADDITIONAL DETAILS IN RELATION THERETO.
WHEREAS, the Town of Avon (the "Town") is experiencing
activity in the areas of land sales, land development, residen-
tial and commercial building construction and sales; and
WHEREAS, these activities are increasing the demand for
municipal services to provide for the health, safety and well-being
of residents of the Town; and
WHEREAS, there is a need for additional revenues to fund
increased municipal services; and
WHEREAS, the-benefits to be provided under this ordinance
will accrue to those persons who are taxed hereunder;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, THAT:
Section 1. Title. This Ordinance shall be known and may
be cited as "The Town of Avon Real Property Transfer Tax Ordinance".
Section 2. Repeal of Prior Ordinance. At the time this
Ordinance becomes effective, Ordinance Number 8, Series of 1978,
shall be-repealed in its entirety.
Section 3. Imposition of Tax. Except as provided in
Section 7 hereof, there is hereby imposed a tax on all transfers
of interests or possessory rights in and to real estate located in
the Town by deed, lease, assignment of lease, agreement for sale of
stock or contract. The tax hereby imposed is and shall constitute
a tax payable with respect to the transfer, and the tax is due and
payable at the time of the transfer.
Section 4. Persons Liable for Tax. Any purchaser or
purchasers, or any other transferee.or transferees ,of•realrproperty-
the tran•sfe'r of'-which is' subject to the imposition of the tax des-
cribed in Section 3 above, shall be jointly and severally liable
for the payment of the tax.
Section 5. Definitions. With reference to this ordinance
and the interpretation hereof, the following terms shall have the
meanings specified:
A. "Consideration" means and includes the actual cash
paid and/or value of the property delivered, or contracted to be
paid or delivered, in return for the transfer of ownership or title
to, or any other possessory interest in, real property and shall
-1-
0 a
include the amount of any lien, mortgage, contract indebtedness
or other encumbrance, either given to secure the purchase price, or
any part thereof, or remaining unpaid on the property at the time of
sale. The term does not include the amount of any outstanding
lien or encumbrance in favor of the United States, the State of
Colorado or of a municipal or quasi-governmental agency, corporation
or district for taxes, special benefits or improvements. In the
event that the transaction or transfer is by lease agreement not
specifically exempted in Section 7, the consideration shall be
computed based upon the capitalization or the current annual rental
for ten years, plus any additional consideration, paid or to be paid.
When it is not possible to determine the average annual rental,
the tax shall be based upon the appraised value of the property
covered by the lease, and this decision, that the average annual
rental cannot be determined, shall be solely at the discretion
of the Town Manager.
B. "Person" means any individual, corporation, busi-
ness trust, estate, trust, partnership, association or other legal
entity.
C. "Town Manager" means the person appointed pursuant
to Section 8.1 or Section 8.2 of the Charter for the Town or, if
the office of Town Manager is vacant, the Mayor pursuant to Section
8.1 of the aforementioned Charter.
D. "Transfer" means any grant, conveyance or alienation
of real property, as evidenced by any deed, instrument of convey-
ance or exchange, or any other writing wherein or whereby title to
real property is granted, conveyed or alienated, or the conveyance
of a possessory interest including any other indicia of ownership
without the passing of legal title.
E. "Real property" means property other than personal
property as defined by the statutes of the State of Colorado, and
does not include trailers or mobile homes except trailers or mobile
homes, which, by way of a foundation, have become attached as fix-
tures to the land on which they are located.
Section 6. Computation of Tax. The amount of tax payable
shall be determined and computed as set out below.
A. Where the amount of consideration is $500.00 or less,
no Real Property Transfer Tax shall be imposed, and all such trans-
actions shall be exempt.
B. Where the consideration is $500.00 or more the Real
Property Transfer Tax shall be l% of the consideration.
Section 7. Exemptions. The Real Property Transfer Tax
shall not apply to the situations described below:
A. Any transfer wherein the United States or any agency
or instrumentality thereof, the State of Colorado, any county,
city and county, municipality, district or other political subdivi-
sion of the State of Colorado is either the grantee or grantor.
B. Any transfer granting or conveying title to real
property in consequence of a gift of such property, where no con-
sideration other than love and affection, charity or other such mo-
tive is in fact, present.
C. Any decree or agreement partitioning, terminating or
evidencing termination of a joint tenancy in real property except
where additional consideration is paid in connection with such
partition or termination.
D. The transfer of title or interest in real property
by reason of death, will or decree of distribution.
-2-
E. Transfers made pursuant to business organization,
reorganization or restructuring.
F. Transfers made to effectuate any plan confirmed or
ordered by any court of competent jurisdiction under the Bankruptcy
Act or in any equity receivership proceeding.
G. Any transfer evidenced by a deed made and delivered
without consideration for the purpose of confirming, correcting,
modifying or supplementing a transfer previously recorded; making
minor boundary adjustments; removing clouds of title; granting ease-
ments, rights-of-way or licenses.
H. Any transfer granting title to cemetery lots.
I. Any transfer by decree or order of court of record
quieting, determining or resting title, including a final order
awarding title pursuant to a condemnation proceeding.
J. Any lease or other instrument or contract which
transfers to the transferee a possessory right in real property
where the possessory right is granted for a period of 25 years or
less or where, at the time of assignment thereof, 25 years or less
of the term remains.
For purposes of this ordinance, where the initial term
of the possessory right is for a period of less than 25 years, but
such right may be extended for a period exceeding 25 years, or
for periods which in the aggregate exceed 25 years, the term of
the possessory right shall be calculated as including the initial
term and all extensions thereof.
K. Any transfer of a mineral or royalty interest by
deed or otherwise.
L. Transfers to secure a debt or other obligation, or
transfers of releases of property which is security for a debt or
orther obligation.
M. Any transfer by deed or conveyance under execution
sale or foreclosure sale under a power sale of court decree of
lien foreclosure, sheriff's deed, public trustee's deed or treas-
urer's deed.
N. Any sale or conveyance of real property or improve-
ments for the purpose of constructing or providing low or moderately
priced housing units for sale or lease to low or moderate income
persons. Provided, that the parties to the transaction shall apply
to the Town Manager for the exemption prior to the occurrence
of the transaction from which exemption is sought, and the parties
shall agree to appropriately restrict the future use of the property
to low and moderately priced housing units by recorded agreement,
deed restriction, covenants, declarations or similar instruments
as may be required,by the Town Manager.
Section S. Application for Exemption. In the event that
any transfer which is exempt from the Real Property Transfer Tax
does not reflect that exemption clearly in the document evidencing
the transfer, the grantee may apply for a Certificate of Exemption
from the Town Manager, which Certificate of Exemption may be affixed
to the document evidencing such transfer. The Certificate of Exemp-
tion shall be in the following form:
-3-
i• '
0
TOWN OF AVON
conveyance from
APPLICATION FOR EXEMPTION
FROM REAL PROPERTY TRANSFER TAX
The undersigned, as Grantee of a deed or instrument of
(name of Grantee), dated
0
to
hereby applies for exemp-
tion from the payment of the Avon Real Property Transfer Tax, im-
posed by Ordinance No. ,Series of 1980, of the Town of Avon.
The basis for such requested exemption is:
(State grounds for requested exemption,
including applicable section and subsection of
the Real Property Transfer Tax Ordinance under
which the exemption is requested. Attach sup-
porting documents, if necessary for full under-
standing of transaction, preferably Affidavit,
setting out additional details concerning the
transaction for which exempt status is being
requested.)
I hereby certify under penalty of perjury that the fore-
going statement is true and correct.
Grantee
CERTIFICATE OF EXEMPTION
I hereby certify that the above described transfer of
real property is exempt from the payment of the Avon Real Property
Transfer Tax under Ordinance No. Series of 1980, Section
Town Manager
A failure by the Town Manager to act upon the application
within seven business days after receipt of the application shall
be conclusively deemed to constitute approval of such application.
Any person whose claim of exemption is denied may immediately ap-
peal to the Avon Town Council for a determination of such exemption
and such appeal shall be considered by the Town Council within 30
days of the receipt of the Notice of Appeal. A failure by the Town
Council to hear and decide the matter within 30 days shall operate
as a decision favorable to the party appealing.
-4-
Section 9. Lands Affected. When a transaction subject
to this ordinance includes property located within the Town and
property located outside the Town, the tax imposed under this
Ordinance shall be computed only upon the consideration attribu-
table to the real property located within the Town. -
Section 10. Town Manager to Enforce. The Town Manager
is charged with the enforcement of the provisions of this Ordinance.
All banks, title companies, escrow companies, saving and
loan institutions, attorneys, real estate brokers and salespersons
and other closing agents, permitted to do business as such under
the laws of the State of Colorado, are hereby authorized to collect
and remit to the Town on behalf of the purchaser, the Avon Real
Property Transfer Tax.
Section 11. Due Dates, Delinquencies, Penalties and
Interest. The tax imposed under this Ordinance is due and payable
at the time the deed, instrument or writing effecting a transfer
subject to the tax is delivered, and is delinquent if unpaid within
30 days thereafter. In the event that the tax is not paid prior to
becoming delinquent, a delinquency penalty of 10% of the amount of
tax due shall accrue. In the event a portion of the tax is unpaid
prior to becoming delinquent, the penalty shall only accrue as to
the portion remaining unpaid. Interest shall accrue at the rate of
1% per month, or fraction thereof, on the amount of tax, exclusive
of penalties, from the date the tax becomes delinquent to the date
of payment. Interest and penalty accrued shall become part of the
tax.
Section 12. Lien.
A. The amount of the Real Property Transfer Tax im-
posed by this Ordinance, and penalty and interest due thereon, is
hereby assessed against the property transferred, and if not paid
when due, such tax, penalty and interest, if any, shall constitute
a lien on the property for the amount thereof, which lien shall
continue until the amount thereof is paid or until its discharge
of record by foreclosure or otherwise.
B. If the tax is unpaid and delinquent, the Town Mana-
ger shall give written notification to the purchaser at the address
shown on the deed or instrument, or his last known address, of
said delinquency. Said notification shall be mailed certified
or registered mail, postage prepaid, return receipt requested,
and shall be effective on the date of mailing. If the tax, penalty
and interest are not paid within thirty days of the effective date
of the notification, the Town Manager shall mark the same delinquent
on the Town's tax roll and shall, at least once each calendar year,
but not sooner than the first day of December, certify such delin-
quencies, along with the interest and penalty, to the Treasurer
of Eagle County, Colorado; and the County Treasurer shall extend
such delinquencies upon the real property tax rolls of the County
and collect the same in the same manner as delinquent general taxes
levied upon such property. Upon certification of the delinquent
taxes, the penalties and interest thereon shall also become due and
payable.
C. The amount of the tax penalty and interest imposed
under the provisions of this ordinance shall be deemed a debt owed
to the Town. Any person owing money to the Town under the provi-
sions of this Ordinance shall be liable to an action brought in the
name of the Town for the recovery of such amount.
-5-
D. Any
due hereunder may
imprisonment for
fine and imprison
E. Any
and not exclusive
provided by law.
person who shall fail or refuse to pay any tax
be punished by a fine not exceeding $300.00 or
a period of not more than 90 days, or both such
nent.
remedies provided for herein shall be cumulative
and shall be in addition to any other remedies
Secion 13. Severability. If any provision, clause,
phrase or section of this Ordinance or the application thereof to
any person or circumstance is held invalid, such invalidity shall
not affect other provisions, clauses, phrases or sections or appli-
cations of the Ordinance which can be given effect without the invalid
provisions or applications and to this end the provisions or appli-
cations of this Ordinance are declared to be severable.
Section 14. Allocation of Revenue. All revenues derived
from the tax imposed pursuant to tHl's Ordinance shall be divided as
follows:
(a) 50% of said revenues shall be deposited in the
General Fund of the Town; and
(b) 50% of said revenues shall be deposited into
the Public Works Fund of the Town for the purpose of capi-
tal improvements, including, but not limited to, railroad
crossings, bridges and streets; payment of principal of,
premium, if any, and interest on debt incurred by the Town
relating to capital improvements, or upon determination of
an emergency by majority vote of the entire Town Council,
for any valid municipal purpose.
INTRODUCED,
READ AND PASSED ON THE
FIRST READING, APPROVED,
AND ORDERED
PUBLISHED ONCE IN FULL,
THIS r-k DAY OFI~
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
25th
DAY OF , 1980, AT 7:30 P.M.
IN THE MUNICIPAL OFFICES
OF THE
TOWN.
ATTEST:
Patricia J. Pyle, o n Clerk
r
Angelo V/. Alpi, Mayor
INTRODUCED, READ AND PASSED ON SECOND READING, APPROVED, AND
ORDERED PUBLISHED THIS f~- DAY OF_7~,~/LlCJ1980
r
A n,4elo Alpi, May r
ATTEST:
Patricia J. yle, T wn Clerk
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 25th DAY OF
MARCH, 1980 AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE
ADOPTION OF ORDINANCE N0.#80-6, SERIES OF 1980:
AN ORDINANCE REPEALING ORDINANCE NUMBER 8, SERIES OF 1978; IMPOSING
A TAX UPON THE TRANSFER OF INTERESTS IN REAL PROPERTY; SETTING OUT
THE TRANSACTIONS SUBJECT TO THE TAX AND THE PERSONS RESPONSIBLE
FOR THE PAYMENT THEREOF; DEFINING CERTAIN TERMS AS USED HEREIN;
SETTING OUT THE METHOD BY WHICH THE AMOUNT OF THE TAX IS COMPUTED;
PROVIDING FOR CERTAIN EXEMPTIONS TO THE IMPOSITION OF THE TAX;
ESTABLISHING PROCEDURES FOR FILING AN APPLICATION FOR EXEMPTION FROM
THE TAX; SETTING OUT THE DATES, PENALTIES AND RATES OF INTEREST
WHICH APPLY AND DEFINING DELINQUENCY WITH RESPECT TO PAYMENT; PRO-
VIDING FOR A LIEN ON PROPERTY IN CASES WHERE THE TAX REMAINS UNPAID;
PROVIDING A PENALTY FOR THE VIOLATION HEREOF; AND PROVIDING FOR
ADDITIONAL DETAILS IN RELATION THERETO.
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 14th day of March, 1980.
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
14ARCH 17, 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
C~lq
ti
e
a
1
♦ r
TOWN OF AVON
ORDINANCE NO. 6
SERIES OF 1980
AN ORDINANCE REPEALING ORDINANCE NUMBER 8, SERIES OF 1978; IMPOSING
A TAX UPON THE TRANSFER OF INTERESTS IN REAL PROPERTY; SETTING OUT
THE TRANSACTIONS SUBJECT TO THE TAX AND THE PERSONS RESPONSIBLE
FOR THE PAYMENT THEREOF; DEFINING CERTAIN TERMS AS USED HEREIN;
SETTING OUT THE METHOD BY WHICH THE AMOUNT OF THE TAX IS COMPUTED;
PROVIDING FOR CERTAIN EXEMPTIONS TO THE IMPOSITION OF THE TAX;
ESTABLISHING PROCEDURES FOR FILING AN APPLICATION FOR EXEMPTION FROM
THE TAX; SETTING OUT THE DATES, PENALTIES AND RATES OF INTEREST
WHICH APPLY AND DEFINING DELINQUENCY WITH RESPECT TO PAYMENT; PRO-
VIDING FOR A LIEN ON PROPERTY IN CASES WHERE THE TAX REMAINS UNPAID;
PROVIDING A PENALTY FOR THE VIOLATION HEREOF; AND PROVIDING FOR
ADDITIONAL DETAILS IN RELATION THERETO.
WHEREAS, the Town of Avon (the "Town") is experiencing
activity in the areas of land sales, land development, residen-
tial and commercial building construction and sales; and
WHEREAS, these activities are increasing the demand for
municipal services to provide for the health, safety and well-being
of residents of the Town; and
WHEREAS, there is a need for additional revenues to fund
increased municipal services; and
WHEREAS, the benefits to be provided under this ordinance
will accrue to those persons who are taxed hereunder;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, THAT:
Section 1. Title. This Ordinance shall be known and may
be cited as "The Town of Avon Real Property Transfer Tax Ordinance".
Section 2. Repeal of Prior Ordinance. At the time this
Ordinance becomes effective, Ordinance Number 8, Series of 1978,
shall be repealed in its entirety.
Section 3. Imposition of Tax. Except as provided in
Section 7 hereof, there is hereby imposed a tax on all transfers
of interests or possessory rights in and to real estate located in
the Town by deed, lease, assignment of lease, agreement for sale of
stock or contract. The tax hereby imposed is and shall constitute
a tax payable with respect to the transfer, and the tax is due and
payable at the time of the transfer.
Section 4. Persons Liable for Tax. Any purchaser or
purchasers, or any other transferee or transferees of real property
the transfer of which is subject to the imposition of the tax des-
cribed in Section 3 above, shall be jointly and severally liable
for the payment of the tax.
Section 5. Definitions. With reference to this Ordinance
and the interpretation hereof, the following terms shall have the
meanings specified:
A. "Consideration" means and includes the actual cash
paid and/or value of the property delivered, or contracted to be
paid or delivered, in return for the transfer of ownership or title
to, or any other possessory interest in, real property and shall
-1-
include the amount of any lien, mortgage, contract indebtedness
or other encumbrance, either given to secure the purchase price, or
any part thereof, or remaining unpaid on the property at the time of
sale. The term does not include the amount of any outstanding
lien or encumbrance in favor of the United States, the State of
Colorado or of a municipal or quasi-governmental agency, corporation
or district for taxes, special benefits or improvements. In the
event that the transaction or transfer is by lease agreement not
specifically exempted in Section 7, the consideration shall be
computed based upon the capitalization or the current annual rental
for ten years, plus any additional consideration, paid or to be paid.
When it is not possible to determine the average annual rental,
the tax shall be based upon the appraised value of the property
covered by the lease, and this decision, that the average annual
rental cannot be determined, shall be solely at the discretion
of the Town Manager.
B. "Person" means any individual, corporation, busi-
ness trust, estate, trust, partnership, association or other legal
entity.
C. "Town Manager" means the person appointed pursuant
to Section 8.1 or Section 8.2 of the Charter for the Town or, if
the office of Town Manager is vacant, the Mayor pursuant to Section
8.1 of the aforementioned Charter.
D. "Transfer" means any grant, conveyance or alienation
of real property, as evidenced by any deed, instrument of convey-
ance or exchange, or any other writing wherein or whereby title to
real property is granted, conveyed or alienated, or the conveyance
of a possessory interest including any other indicia of ownership
without the passing of legal title.
E. "Real property" means property other than personal
property as defined by the statutes of the State of Colorado, and
does not include trailers or mobile homes except trailers or mobile
homes, which, by way of a foundation, have become attached as fix-
tures to the land on which they are located.
Section 6. Computation of Tax. The amount of tax payable
shall be determined and computed as set out below.
A. Where the amount of consideration is $500.00 or less,
no Real Property Transfer Tax shall be imposed, and all such trans-
actions shall be exempt.
B. Where the consideration is $500.00 or more the Real
Property Transfer Tax shall be 1% of the consideration.
Section 7. Exemptions. The Real Property Transfer Tax
shall not apply to the situations described below:
A. Any transfer wherein the United States or any agency
or instrumentality thereof, the State of Colorado, any county,
city and county, municipality, district or other political subdivi-
sion of the State of Colorado is either the grantee or grantor.
B. Any transfer granting or conveying title to real
property in consequence of a gift of such property, where no con-
sideration other than love and affection, charity or other such mo-
tive is in fact, present.
C. Any decree or agreement partitioning, terminating or
evidencing termination of a joint tenancy in real property except
where additional consideration is paid in connection with such
partition or termination.
D. The transfer of title or interest in real property
by reason of death, will or decree of distribution.
-2-
6 0
E. Transfers made pursuant to business organization,
reorganization or restructuring.
F. Transfers made to effectuate any plan confirmed or
ordered by any court of competent jurisdiction under the Bankruptcy
Act or in any equity receivership proceeding.
G. Any transfer evidenced by a deed made and delivered
without consideration for the purpose of confirming, correcting,
modifying or supplementing a transfer previously recorded; making
minor boundary adjustments; removing clouds of title; granting ease-
ments, rights-of-way or licenses.
H. Any transfer granting title to cemetery lots.
I. Any transfer by decree or order of court of record
quieting, determining or resting title, including a final order
awarding title pursuant to a condemnation proceeding.
J. Any lease or other instrument or contract which
transfers to the transferee a possessory right in real property
where the possessory right is granted for a period of 25 years or
less or where, at the time of assignment thereof, 25 years or less
of the term remains.
For purposes of this Ordinance, where the initial term
of the possessory right is for a period of less than 25 years, but
such right may be extended for a period exceeding 25 years, or
for periods which in the aggregate exceed 25 years, the term of
the possessory right shall be calculated as including the initial
term and all extensions thereof.
K. Any transfer of a mineral or royalty interest by
deed or otherwise.
L. Transfers to secure a debt or other obligation, or
transfers of releases of property which is security for a debt or
orther obligation.
M. Any transfer by deed or conveyance under execution
sale or foreclosure sale under a power sale of court decree of
lien foreclosure, sheriff's deed, public trustee's deed or treas-
urer's deed.
N. Any sale or conveyance of real property or improve-
ments for the purpose of constructing or providing low or moderately
priced housing units for sale or lease to low or moderate income
persons. Provided, that the parties to the transaction shall apply
to the Town Manager for the exemption prior to the occurrence
of the transaction from which exemption is sought, and the parties
shall agree to appropriately restrict the future use of the property
to low and moderately priced housing units by recorded agreement,
deed restriction, covenants, declarations or similar instruments
as may be required,by the Town Manager.
Section 8. Application for Exemption. In the event that
any transfer which is exempt from the Real Property Transfer Tax
does not reflect that exemption clearly in the document evidencing
the transfer, the grantee may apply for a Certificate of Exemption
from the Town Manager, which Certificate of Exemption may be affixed
to the document evidencing such transfer. The Certificate of Exemp-
tion shall be in the following form:
-3-
TOWN OF AVON
APPLICATION FOR EXEMPTION
FROM REAL PROPERTY TRANSFER TAX
The undersigned, as Grantee of a deed or instrument of
conveyance from
to
(name of Grantee), dated hereby applies for exemp-
tion from the payment of the Avon Real Property Transfer Tax, im-
posed by Ordinance No. , Series of 1980, of the Town of Avon.
The basis for such requested exemption is:
(State grounds for requested exemption,
including applicable section and subsection of
the Real Property Transfer Tax Ordinance under
which the exemption is requested. Attach sup-
porting documents, if necessary for full under-
standing of transaction, preferably Affidavit,
setting out additional details concerning the
transaction for which exempt status is being
requested.)
I hereby certify under penalty of perjury that the fore-
going statement is true and correct.
Grantee
CERTIFICATE OF EXEMPTION
I hereby certify that the above described transfer of
real property is exempt from the payment of the Avon Real Property
Transfer Tax under Ordinance No. , Series of 1980, Section
Town Manager
A failure by the Town Manager to act upon the application
within seven business days after receipt of the application shall
be conclusively deemed to constitute approval of such application.
Any person whose claim of exemption is denied may immediately ap-
peal to the Avon Town Council for a determination of such exemption
and such appeal shall be considered by the Town Council within 30
days of the receipt of the Notice of Appeal. A failure by the Town
Council to hear and decide the matter within 30 days shall operate
as a decision favorable to the party appealing.
-4-
Section 9. Lands Affected. When a transaction subject
to this Ordinance includes property located within the Town and
property located outside the Town, the tax imposed under this
Ordinance shall be computed only upon the consideration attribu-
table to the real property located within the Town. -
Section 10. Town Manager to Enforce. The Town Manager
is charged with the enforcement of the provisions of this Ordinance.
All banks, title companies, escrow companies, saving and
loan institutions, attorneys, real estate brokers and salespersons
and other closing agents, permitted to do business as such under
the laws of the State of Colorado, are hereby authorized to collect
and remit to the Town on behalf of the purchaser, the Avon Real
Property Transfer Tax.
Section 11. Due Dates, Delinquencies, Penalties and
Interest. The tax imposed under this Ordinance is due and payable
at the time the deed, instrument or writing effecting a transfer
subject to the tax is delivered, and is delinquent if unpaid within
30 days thereafter. In the event that the tax is not paid prior to
becoming delinquent, a delinquency penalty of 10% of the amount of
tax due shall accrue. In the event a portion of the tax is unpaid
prior to becoming delinquent, the penalty shall only accrue as to
the portion remaining unpaid. Interest shall accrue at the rate of
1% per month, or fraction thereof, on the amount of tax, exclusive
of penalties, from the date the tax becomes delinquent to the date
of payment. Interest and penalty accrued shall become part of the
tax.
Section 12. Lien.
A. The amount of the Real Property Transfer Tax im-
posed by this Ordinance, and penalty and interest due thereon, is
hereby assessed against the property transferred, and if not paid
when due, such tax, penalty and interest, if any, shall constitute
a lien on the property for the amount thereof, which lien shall
continue until the amount thereof is paid or until its discharge
of record by foreclosure or otherwise.
B. If the tax is unpaid and delinquent, the Town Mana-
ger shall give written notification to the purchaser at the address
shown on the deed or instrument, or his last known address, of
said delinquency. Said notification shall be mailed certified
or registered mail, postage prepaid, return receipt requested,
and shall be effective on the date of mailing. If the tax, penalty
and interest are not paid within thirty days of the effective date
of the notification, the Town Manager shall mark the same delinquent
on the Town's tax roll and shall, at least once each calendar year,
but not sooner than the first day of December, certify such delin-
quencies, along with the interest and penalty, to the Treasurer
of Eagle County, Colorado; and the County Treasurer shall extend
such delinquencies upon the real property tax rolls of the County
and collect the same in the same manner as delinquent general taxes
levied upon such property. Upon certification of the delinquent
taxes, the penalties and interest thereon shall also become due and
payable.
C. The amount of the tax penalty and interest imposed
under the provisions of this Ordinance shall be deemed a debt owed
to the Town. Any person owing money to the Town under the provi-
sions of this Ordinance shall be liable to an action brought in the
name of the Town for the recovery of such amount.
-5-
D. Any
due hereunder may
Imprisonment . for
fine and imprison
E. Any
and not exclusive
provided by law.
•
•
person who shall fail or refuse to pay any tax
be punished by a fine not exceeding $300.00 or
a period of not more than 90 days, or both such
Rent.
remedies provided for herein shall be cumulative
and shall be in addition to any other remedies
Secion 13. Severability. If any provision, clause,
phrase or section of this Ordinance or the application thereof to
any person or circumstance is held invalid, such invalidity shall
not affect other provisions, clauses, phrases or sections or appli-
cations of the Ordinance which can be given effect without the invalid
provisions or applications and to this end the provisions or appli-
cations of this Ordinance are declared to be severable.
Section 14. Allocation of Revenue. All revenues derived
from the tax imposed pursuant to this Ordinance shall be divided as
follows:
(a) 50% of said revenues shall be deposited in the
General Fund of the Town; and
(b) 50% of said revenues shall be deposited into
the Public Works Fund of the Town for the purpose of capi-
tal improvements, including, but not limited to, railroad
crossings, bridges and streets; payment of principal of,
premium, if any, and interest on debt incurred by the Town
relating to capital improvements, or upon determination of
an emergency by majority vote of the entire Town Council,
for any valid municipal purpose.
INTRODUCED, READ AND PASSED ON THE FIRST READING, APPROVED,
AND ORDERED PUBLISHED ONCE IN FULL, THIS rC-DAY OF , 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 25th
DAY 1980, AT 7:30 P.M. IN THE MUNICIPAL OFFICES OF THE
TOWN.
~ t
An elo V. Alpi, a or
ATTEST:
Patricia J. yle, To 4n Clerk
INTRODUCED, READ AND PASSED ON SECOND READING, APPROVED, AND
ORDERED PUBLISHED THIS °?5--r-Z DAY OF 1980
ATTEST:
Patricia J. yle, T wn Clerk
Angelo Alpi, May r
a ~
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 25th DAY OF
MARCH, 1980 AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE
ADOPTION OF ORDINANCE NO.#80-6, SERIES OF 1980:
AN ORDINANCE REPEALING ORDINANCE NUMBER 8, SERIES OF 1978; IMPOSING
A TAX UPON THE TRANSFER OF INTERESTS IN REAL PROPERTY; SETTING OUT
THE TRANSACTIONS SUBJECT TO THE TAX AND THE PERSONS RESPONSIBLE
FOR THE PAYMENT THEREOF; DEFINING CERTAIN TERMS AS USED HEREIN;
SETTING OUT THE METHOD BY WHICH THE AMOUNT OF THE TAX IS COMPUTED;
PROVIDING FOR CERTAIN EXEMPTIONS TO THE IMPOSITION OF THE TAX;
ESTABLISHING PROCEDURES FOR FILING AN APPLICATION FOR EXEMPTION FROM
THE TAX; SETTING OUT THE DATES, PENALTIES AND RATES OF INTEREST
WHICH APPLY AND DEFINING DELINQUENCY WITH RESPECT TO PAYMENT; PRO-
VIDING FOR A LIEN ON PROPERTY IN CASES WHERE THE TAX REMAINS UNPAID;
PROVIDING A PENALTY FOR THE VIOLATION HEREOF; AND PROVIDING FOR
ADDITIONAL DETAILS IN RELATION THERETO.
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 14th day of March, 1980.
TOWN OF AVON, CO
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
MARCH 17, 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