TC Ord. No. 20-06 Authorizing of a Portion of Real Property Transfer Tax Revenue to the Community Housing FundAvon
C O L O R A D O
ORDINANCE NO. 20-06
AMENDING AVON MUNICIPAL CODE SECTION 3.12.110 TO AUTHORIZE
ALLOCATION OF A PORTION OF REAL PROPERTY TRANSFER TAX REVENUE
TO THE COMMUNITY HOUSING FUND
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; and
WHEREAS, the Town of Avon Community Housing Plan states that the Avon Town Council
will, "... review current revenue streams and determine if additional funds can be direct to
housing efforts through the annual budget process." and
WHEREAS, Council finds that that from time to time the Real Property Transfer Tax revenues
are sufficient to fund both capital improvements project in the five year capital improvements
plan and allow a portion of such revenues to be allocated to the Community Housing Fund; and
WHEREAS, the Town Council finds that allocating a portion of Real Property Transfer Tax
revenues to the Community Housing Fund through the annual budget process will 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 requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence 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, has determined to
take final action on this Ordinance prior to concluding the public hearing on second reading.
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 SECTION 3.12.110 Repealed and Re -Enacted. Section 3.12.110 of the Avon
Municipal Code is hereby repealed in its entirety and re-enacted to read as follows:
Ord 20-06 Amending 3.12.110 Allocation of Revenue
FINAL — June 9, 2020
Page 1 of 4
3.12.110 — Allocation of revenue.
All revenues derived from the tax imposed pursuant to this Chapter shall be allocated as follows:
(1) Subject to (2) and (3) below, all revenues shall be deposited into the public improvements
fund of the Town for the purpose of capital 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; (2) up to a maximum of ten percent (10%)
of all revenues may be deposited into the Community Housing Fund; or, (3) upon determination
of an emergency by unanimous minus one (1) vote of Council Members present, for any valid
municipal purpose.
Section 3. 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 4. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. 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 6. 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.
Ord 20-06 Amending 3.12.110 Allocation of Revenue
FINAL — June 9, 2020
Page 2 of 4
Section 7. Codification of 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 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on May 26, 2020 and setting such public hearing for June 9, 2020 at the Council
Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avo o�N pFq�O
Colorado. , ti
BY: - ATTEST:
Sarah Snifth'Hy1wes, Mayor
' ens
da Torres, Town
ADOPTED ON SECOND AND FINAL READING on June 9, 2020.
BY: A- ATTEST: Qllt
Sarah Smith Hy es, Mayor Arenda Torres, Town
APPROVED
Wisor,
TO FORM:
Attorney
Ord 20-06 Amending 3.12.110 Allocation of Revenue
FINAL — June 9, 2020
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NEAL
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