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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 Page 2 of 3 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 Page 3 of 3 �1N OFA 0 SEAL '�Q�LORADO�