TC Ord. No. 2012-11 Amending chapter 3.12 of AMC regarding real property transfer taxTOWN OF AVON, COLORADO
ORDINANCE NO. 12 -11
SERIES OF 2012
AN ORDINANCE AMENDING CHAPTER 3.12 OF THE AVON
MUNICIPAL CODE REGARDING REAL PROPERTY TRANSFER TAX
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law and as set forth in the
Home Rule Charter of the Town of Avon; and
WHEREAS, the Town Council finds that the taxation of transfers of real property is a matter
of local concern and further finds that amendments to the definition of consideration as regards
lease payments and the administration of leases which are not exempt from the application of the
real estate transfer tax will improve the implementation and enforcement of Chapter 3.12 with
regard to such leases; and
WHEREAS, the adoption of this Ordinance shall resolve pending disputes related to the
imposition and collection of real estate transfer taxes in the Village (at Avon) as such disputes
are set forth in the Civil Action No 2010 CV 316 consolidated into Civil Action No 2008 CV
385 ( "Pending Litigation ") and the Town Council finds that the adoption of this Ordinance is not
an admission fault, liability or change in any legal position asserted in the Pending Litigation;
WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the
citizens of the Town of Avon will be enhanced and promoted by the adoption of this ordinance;
and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon Municipal Code and 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 the proposed amendment to the Avon Municipal
Code.
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 Definition of Consideration in Section 3.12.020 The definition
of Consideration in Section 3.12.020 of the Avon Municipal Code is hereby amended by adding
the following language, which added language is depicted with double underlining so that the
definition shall read in its entirety, and is hereby adopted in its entirety, as follows:
Ord 12 -11 Amending 3.12 1V31
Nov. 19, 2012 ejh
Page 1 of 5
"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 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 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
3.12.060, the consideration shall be computed based upon the capitalization or the current
annual rental for ten (10) years, plus any additional consideration, paid or to be paid.
When it is not possible to determine the annual rental, the tax shall be based upon the
appraised value of the property covered by the lease, and this decision, that the annual
rental cannot be determined, shall be solely at the discretion of the Town Manager. The
lessee of anv taxable lease may elect to pay the real estate transfer tax based upon actua
lease payments. The amount of tax shall be the real estate transfer tax rate char eg
against the amount of the lease payment less the portion of lease payments for taxes .
insurance, common area maintenance and similar costs. Any portion of lease Dayments
which is attributable to capital improvements shall be included in the amount of the lease
payment iect to the real estate transfer tax. For the purposes of this definition, capital
improvement shall be defined as new construction, remodeling and installation of fixtures
appurtenant to the leased property. The applicable real estate transfer tax shall be due
within thirty (30) days after the lease payment is made for lessees who elect to pav real
estate transfer taxes based upon the amount of actual lease Dayments. The Town
Manager may permit lessees who elect to pav real estate transfer taxes based u op n the
amount of actual lease payments to pay the applicable real estate transfer taxes on an
annual basis for lease payments made during rn for year. The due dates.
elinauencies, penalties and interest set forth in Section 3.12.090 shall otherwise a ly to
payments by lessees who elect to pav real estate transfer taxes based upon the amount of
actual lease payments.
Section 3. Adoption of Reporting Requirement, Section 3.12.055 Chapter 3.12 is hereby
amended by adopting Section 3.12.055 which shall read as follows:
"3.12.055 Required Reporting of Leases. The lessee of any lease which is not exempt
from the applicability of the real estate transfer tax as defined in Section 3.12.060(10)
shall report such lease to the Town within thirty (30) days after execution of such lease in
accordance with forms and procedures established by the Town Manager. The required
reporting information shall include at a minimum the name and contact information of
the lessee, the term of the lease with all possible extensions, and the amount of
consideration to be paid. Failure to report a lease as required in this Section 3.12.055
shall be a violation of this Chapter."
Section 4. Amendment of Section 3.12.060(10) Section 3.12.060(10) is hereby amended
by adding the following language, which added language is depicted with double underlining so
that Section 3.12.060(l 0) shall read in its entirety as follows:
Ord 12 -11 Amending 3.12 [V3]
Nov. 19, 2012 ejh
Page 2 of 5
"(10) Any lease or other instrument or contract executed after [30 days after final
adoption], 2012 which transfers to the transferee a possessory right in real property where
the possessory right is granted for a period of twenty -five (25) years or less or where, at
the time of assignment thereof, twenty -five (25) years or less of the term remains. (For
purposes of this Chapter, where the initial term of the possessory right is for a period of
less than twenty -five (25) years, but such right may be extended for a period exceeding
twenty -five (25) years, or for periods which in the aggregate exceed twenty -five (25)
years, the term of the possessory right shall be calculated as including the initial term and
all extensions thereof. Leases which were executed on or prior to January 10, 2012 but
are amended after January 10. 2012 to extend the term of the lease shall be treated as
having been executed after January 10. 2012, provided that the real estate transfer tax
shall be applicable only to the shorter period of (i) the term of such lease in excess of 25
years or (ii) the term of the extension approved by lease amendment after January 10.
2012 which exceeds the term of the lease that existed prior to January 10.2012
Section 5. Amendment of Section 3.12.130(a) Section 3.12.130(a) is hereby amended by
adding the following language, which added language is depicted with double underlining so
that Section 3.12.130(a) shall read in its entirety as follows:
"(a) Any person who fails or refuses to pay any tax due under this Chapter fails to report
a lease which is not exempt from the applicability of real estate transfer taxes as set forth
in Section 3.12.060(10) or otherwise fails to comply with any provision of this Chapter
may be punished in accordance with the provisions of Section 1.08.010 of this
Code."
Section 6 . 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 7. 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, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. 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 8. 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.
Ord 12 -11 Amending 3.12 1V31
Nov. 19, 2012 ejh
Page 3 of 5
Section 9. 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 10. No Tax Policy Change The amendments to Chapter 3.12 adopted by this
Ordinance are not intended and shall not effect a tax policy change which has the result of
increasing the real estate transfer tax without prior voter approval in accordance with Article X,
Section 20 of the Colorado Constitution or which as the result of violating any other applicable
law. In the event that a court of competent jurisdiction finds that any provision of this Ordinance
is an unlawful tax policy change, then such provision shall be automatically stricken and void
without causing any effect to the remaining provisions of Chapter 3.12.
Section 11. Waiver of Claims of Violation, Rights of Enforcement and Penalties Upon
the effective date of this Ordinance, this Ordinance shall operate as a complete waiver of any
claims of violation, rights of enforcement or penalties the Town may have had which arose from
leases executed prior to October 26, 2012 which are not exempt from the applicability of real
estate transfer taxes under Section 3.12.060(l 0) of the Avon Municipal Code.
Section 12. Publication by Posting The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
[Execution Page Follows]
Ord 12 -11 Amending 3.12 [V3]
Nov. 19, 2012 ejh
Page 4 of 5
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for Dece
2012 at the Council Chambers of the Avon Municipal Building, located at One
Avon, Colorado, on November 27, 2012.
- *-- �;715��Z� -
Mayor
Published by posting in at least three public places in Town and posting at the office W'/G�3£
Clerk at least six days prior to final action by the Town Council.
ATTEST: APP D AS TO FO .
" *- �AC�
?UC M y, T lerk il Eric J. H , T n Attorney
I R D, FI A Y APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on December 11, 2012.
Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
•
Ord 12 -I1 Amending 3.12 [V31
Nov. 19, 2012 ejh
Page 5 of 5
MEMORANDUM
TO: Honorable Mayor Carroll and Council members
FROM: Eric Hell, Town Attorney
RE: Ordinance No. 12 -11 Amendments to Chapter 3.12 of the Avon Municipal Code
DATE: November 20, 2012
SUMMARY: This memorandum provides an overview of Ordinance No. 12 -11 Amending Chapter
3.12 of the Avon Municipal Code regarding Real Property Estate Transfer Tax.
BACKGROUND: The Town's real property transfer tax applies to leases with terms in excess of 25
years. The applicability of the Town's real property transfer tax to existing long term leases in The
Village (at Avon) is one of the pending claims in the current litigation with Traer Creek LLC and
the affiliated Traer Creek Parties. The Traer Creek Parties brought to the Towns attention other
long term leases in the Town for which the Town has not imposed and collected real property
transfer taxes. As part of the comprehensive settlement and for the purpose of clarifying the
application and administration of the Town's real property transfer tax on long term leases,
Ordinance No. 12 -11 is presented for Town Council's consideration.
REVISIONS: Ordinance No. 12 -11 adds to the definition of consideration to allow for the
payment of the applicable real property transfer tax when lease payments are paid. I believe this
is more equitable because it ties the amount and timing of the tax to the lease payments. The
definition of consideration based on lease payments acknowledges that taxes, insurance and
common area maintenance fees are not included in the lease payment amount so that the
consideration amount upon which the tax is calculated is comparable to the purchase price for
other real estate transactions.
A new section 3.12.055 Required Reporting of Leases is added so that it is not a requirement to
report long term leases. This enhances the ability of the Town to enforce the regulation.
NO RETROACTIVE APPLICATION: Ordinance No. 12 -11 is expressly worded to have no
retroactive application to leases entered into before January 10, 2012.
TABOR CONSIDERATIONS: The Tax Payer's Bill of Rights does not allow any "tax policy change'
which would increase the tax rate or revenues without approval by the voters at an election.
Attention was given to structure these amendments so as not to create any increase in taxes or
other tax policy change, primarily by retaining the existing language regarding the definition of
consideration and allowing tax payers to elect to pay based on the amount of lease payments as
an option.
REQUESTED ACTION: Approve Ordinance No. 12 -11 on first reading and set a public hearing for
December 11, 2012.
Thank you, Eric
Hell Law & Planning, LLC Office: 303.975.6120
2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337
Denver, CO 80222 E -Mail: ericheillaw @gmail.com
MEMORANDUM
TO: Honorable Mayor Carroll and Council members
FROM: Eric Heil, Town Attorney
RE: Second and Final Reading of Ordinance No. 12 -11 Amending
Chapter 3.12 of the Avon Municipal Code
DATE: December 5, 2012
SUMMARY: This memorandum provides an overview of Ordinance No. 12 -11
Amending Chapter 3.12 of the Avon Municipal Code regarding Real Property Estate
Transfer Tax. Council passed first reading of Ord. No. 12 -11 at the November 27, 2012
regular Council meeting. Ord. No. 12 -11 is presented for Second and Final Reading
and is scheduled for a public hearing in accordance with Avon's Home Rule Charter. At
first reading, Council requested optional language to delete the application of the real
estate transfer tax ordinance to long -term leases altogether. Council also requested
additional research concerning other communities experience with administration,
enforcement and impact to commercial leases. These matters are addressed in this
memorandum.
BACKGROUND: The Town's real property transfer tax applies to leases with terms in
excess of 25 years. The applicability of the Town's real property transfer tax to existing
long term leases in The Village (at Avon) is one of the pending claims in the current
litigation with Traer Creek LLC and the affiliated Traer Creek Parties. The Traer Creek
Parties brought to the Town's attention other long term leases in the Town for which the
Town has not imposed and collected real property transfer taxes. As part of the
comprehensive settlement and for the purpose of clarifying the application and
administration of the Town's real property transfer tax on long term leases, Ordinance
No. 12 -11 is presented for Town Council's consideration.
REVISIONS: Ordinance No. 12 -11 adds to the definition of consideration to allow for
the payment of the applicable real property transfer tax when lease payments are paid.
I believe this is more equitable because it ties the amount and timing of the tax to the
lease payments. The definition of consideration based on lease payments
acknowledges that taxes, insurance and common area maintenance fees are not
included in the lease payment amount so that the consideration amount upon which the
tax is calculated is comparable to the purchase price for other real estate transactions.
A new section 3.12.055 Required Reporting of Leases is added so that reporting is
now a requirement for long term leases. This requirement enhances the ability of the
Town to enforce the regulation.
NO RETROACTIVE APPLICATION: Ordinance No. 12 -11 is expressly worded to have
no retroactive application to leases entered into before January 10, 2012.
Heil Law & Planning, LLC Office: 303.975.6120
2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337
Denver, CO 80222 E -Mail: ericheillaw @gmaii.com
Avon Town Council
Ord. No 12 -11 Amending RETT Regulations
December 5, 2012
Page 2 of 3
TABOR CONSIDERATIONS: The Tax Payer's Bill of Rights does not allow any "tax
policy change" which would increase the tax rate or revenues without approval by the
voters at an election. Attention was given to structure these amendments so as not to
create any increase in taxes or other tax policy change, primarily by retaining the
existing language regarding the definition of consideration and allowing tax payers to
elect to pay based on the amount of lease payments as an option.
OPTIONAL LANGUAGE: The following Avon Municipal Code amendment would
effectively render the Town's real estate transfer tax inapplicable to long term leases:
AMC 3.12.020 Definitions, amend definition of Consideration as follows:
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 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 or of a municipal or quasi - governmental agency,
corporation or district for taxes, special benefits or improvements. r., th „„ ,,,4 that the
paid. When it is fiet pessible to detef.mine the annual
rental,
the "awc si—M.14 be based upon the
AMC 3.12.020 Definitions, amend definition of Transfer as follows: Transfer means
any grant, conveyance or alienation of real property, as evidenced by deed, instrument of
conveyance or exchange, or any other writing wherein or whereby title to real property is
granted, conveyed or alienated, 11 ay
o th er indieia of owner-s , ,:t h eti 4 the pass :,, b ,.s regal 64e (Ord. 07 -17 §1; Ord. 85 -5
§1; Ord. 83 -12 §l; Ord. 81 -12 §1;
AMC 3.12.060 Exemptions, amend section (10) as follows: deleted
fef a period of less
d+am twefft�
five
(25) year-s, but sueh
b
a p er-ieds
W-hieh in
the b
tNventy five (25) yeaFs,
the
tefm ef
the pessessony right
shall be ealettlated
as ineluding
the ;.,;4:.,r 4.,...,, .,,,,a
„ rr ex4e,,c.
4r,efeef).
Avon Town Council
Ord. No 12 -11 Amending RETT Regulations
December 5, 2012
Page 3 of 3
POLICY CONSIDERATIONS: Council expressed concerns about the negative impact
on commercial leasing that Ord. No 12 -11 may create. As of the time of preparing this
memorandum, I have not able to research the experience of other communities. The
likely result from enforcing the imposition of real estate transfer taxes on long term
leases in excess of 25 years is that an incentive will be created for leases with terms of
25 years or less. Neither I nor Town Staff has any direct evidence from commercial real
estate brokers, consultants or prospective commercial leases as to whether imposing a
tax on leases greater than 25 years makes an effective difference on a decision to
locate a business in Avon. The Town has general authority to consider waiving,
crediting, or rebating the imposition of the Town's real estate transfer tax (or any other
Town tax or fee) at any time for specific projects provided that such action is approved
by ordinance and provided that a finding of public benefit is made. Also, Town may
further revise or amend the Town's real estate transfer tax regulations at any time after
passage of Ord. No. 12 -11. Scott Wright, Finance Director, has indicated that the
WalMart and Home Depot leases would have generated $559,884 and $340,883 in real
estate transfer taxes had the tax been applied and collected.
Based on information which Traer Creek provided, there are seven other commercial
leases in excess of 25 years in addition to the WalMart and Home Depot leases. These
other leases contained initial terms with options to extend that ranged from 28 years (1
lease) to 30 years (the other 6 leases). It appears that simply defining long term leases
as leases in excess of 30 years, rather than 25 years, will adequately accommodate
industry standard for the majority of commercial leases. WalMart and Home Depot
have leases with options to extend that range from 50 years to 75 years. It appears that
large retail format businesses are more likely to seek exceptionally long leases.
I recommend against simply deleting the applicability of real estate transfer tax to
long term leases because there are examples of where large commercial blocks are
leased to multiple buildings and tenants for very long periods (e.g. 100 years), which
transactions are effectively the same as transferring property.
The two options I would recommend for consideration at this time are (1) amend the
definition of long term lease as terms including options to extend in excess of 30 years,
and (2) continue research on the impact of real estate transfer tax on long term leases
before making any further revisions to the Town's real estate transfer tax regulations.
REQUESTED ACTION: Approve Ordinance No. 12 -11 on second and final reading
Thank you, Eric
Attachment A
TOWN OF AVON, COLORADO
ORDINANCE 12 -05
SERIES OF 2012
AN ORDINANCE AMENDING SECTION 7.04.100 OF THE AVON MUNICIPAL CODE
TO ALLOW THE TOWN COUNCIL TO ADOPT FLAT FEES THROUGH THE FEE
SCHEDULE
WHEREAS, the Town of Avon ( "Town ") is a home rule authority municipal corporation
and body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the Town Council may adopt, amend and update fees from time to time; and
WHEREAS, the Town Council has determined that certain development applications would
be better suited as flat fees, thus further streamlining the development review process; and
WHEREAS, the Town Council initiated an amendment to the text of the Town of Avon
zoning code in accordance with Section 7.16.040 of the Avon Municipal Code; and
WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public
hearing on March 20, 2012 and April 3, 2012, after posting notice of such hearing in accordance
with the requirements of the Avon Municipal Code, and considered all comments provided
before taking action to make a recommendation to the Town Council; and
WHEREAS, the Town Council held a public hearing on May 8, 2012 after posting notice of
such hearing in accordance with the requirements of the Avon Municipal Code, and considered
all comments provided before taking action to make a recommendation to the Town Council; and
WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the
citizens of the Town of Avon would be enhanced and promoted by the adoption of this
ordinance; 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.
Ord 12 -05 Amending the ADC re Fees
April 24, 2012 revision
Page 1 of 4
Section 2 Amendment to Section 7.04.100, Fees Section 7.04.100, Fees, is hereby
repealed and reenacted in its entirety to read as follows:
7.04.100 Fees
(a) Fees. Reasonable fees sufficient to cover the costs of administration, peer review
by professionals qualified in fields relevant to development applications, inspection,
publication of notice and similar matters will be charged to applicants for all development
applications. The Town Council may adopt, amend and update a schedule of fees by
resolution. The Director may require additional fees when deemed necessary and reasonable
based on the nature and character of the review required or where unusual issues are
presented which may require additional review.
(b) Pass Through Accounts. All development applications shall be treated as pass -
through accounts, unless otherwise stated in the schedule of fees . adopted y_the T own
Council through a resolution, whereby the Applicant shall be liable for all costs of review
incurred by the Town. Additional review fees may be requested if the initial amount
designated in the Fee Schedule is not sufficient for the cost of application review. Upon
request by the Applicant, the Town shall provide an estimate of the cost for review of a
development application. The Director may withhold processing and review of a
development application where the Applicant has not provided sufficient fees to continue or
complete the application review. The Town shall return the balance of any unused
application review fees when the application process is complete.
(c) Payment In -Full Required. All development applications shall be required to
pay the Town in full for all costs incurred for the review of a development application.
Payment in full to the Town of the costs incurred for development application review shall be
a condition to each and every development application. The failure to pay the Town in full
for the costs incurred for development application review within thirty -five (35) days of final
approval shall render any such approval null and void. The Town Council may waive this
requirement, reduce fees, or extend the time period for payment.
(d) Interest on Delinquent Fees. Development application review fees and charges
which are not paid within thirty (30) days of sending an invoice shall be deemed to be past
due and shall bear interest at the rate and according to the terms set forth in Chapter 3.32.
(e) Lien for Delinquent Fees. All delinquent development application review fees
and charges along with such interest that has accrued thereon shall be subject to a lien on the
property which the development application concerned and all such delinquent charges may
be certified to the Treasurer of Eagle County, Colorado and may be collected and paid over
to the Town of Avon by the Treasurer of Eagle County, Colorado in the same manner as
taxes are as authorized by Title 31 of the Colorado Revised Statutes.
Section 3 Codification of Amendments The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
Ord 12 -05 Amending the ADC re Fees
April 24, 2012 revision
Page 2 of 4
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 Severabili ty . 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, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. 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 days after final adoption 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 No Existing Violation Affected Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Section 8. Publication by Posting The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
Ord 12 -05 Amending the ADC re Fees
April 24, 2012 revision
Page 3 of 4
statement that a copy of the ordinance in frill is available for public inspection in the office of the
Town Clerk during normal business hours.
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 on May
S, 2012 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on April 24, 2012.
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least seven days prior to final action by the Town Council.
ATTEST: APPROVED AS TO FORM:
Patty McKenny, Town Clerk Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on May 8, 2012.
Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
Ord 12 -05 Amending the ADC re Fees
April 24, 2012 revision
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