TC Ord. No. 22-06 Amending Section 3.08.037 to Extend a Temporary Sales Tax Credit for the Installation of Renewable Energy Production ComponentsAvon
C O f O H A U O
ORDINANCE 22-06
AMENDING SECTION 3.08.037 OF THE AVON MUNICIPAL CODE TO
EXTEND 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 Avon Town Council ("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, Policy G.4.1 of the Town of Avon Comprehensive Plan states a community policy
to "Incentivize renewable energy and building techniques which support the goals of the Climate
Action Plan for the Eagle County Community."; and
WHEREAS, Council adopted the Eagle County Climate Action Plan which supports investment
in renewable energy equipment; and,
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 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. Amendment to Avon Municipal Code Section 3.08.037. Avon Municipal Code
Section 3.08.037 Temporary tax credit for Renewable Energy Production Components is hereby
amended, with c*eout indicating words which are deleted and underline indicating words
which are added, to read as follows:
3.08.037 Temporary Tax Credit for Renewable Energy Production Components.
Ord 22-06 Extending Renewable Energy Tax Credit
April 26, 2022
Page 1 of 3
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 tax credit shall commence on May 12, 2016
the effeetive date of this eirdinanee and shall continue until December 31,202f 2024
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 public
notice following 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 22-06 Extending Renewable Energy Tax Credit
April 26, 2022
Page 2 of 3
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on April 12, 2022, and setting such public hearing for April 26, 2022, at 5:00 pm, or
as soon thereafter as possible, at the Council Chambers of the Avon Municipal Building, located
at 100 Mikaela Way, Avon, Colorado.
CA
BY: ATTEST:
o
Sarah Smith Hymes, M yor Brenda Torres, Deputy Town Cler
ADOPTED ON SECOND AND FINAL READING on April 26, 2022.
BY: ATTEST:
D0erk7
bV4Q'h"q 0
Sarah Smith Hymes,
i
ayor Brenda Torres, Deputy Tow
APPROVED AS TO FORM:
J. Hit onO,Town Attorney
Ord 22-06 Extending Renewable Energy Tax Credit
April 26, 2022
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