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TC Minutes 03-11-1980A 0 4 MINTUES OF THE REGULAR MEETING OF THE TOWN OF AVON, COUNCILMEMBERS HELD MARCH 11, 1980 - 7:30 P.M. The regular meeting of the Town Councilmembers of the Town of Avon, Colorado was held in the Town Offices, Second floor, Benchmark Shopping Center, Avon. The meeting was called to order by Mayor Alpi at 7:50 p.m. A roll call was taken with all Councilmembers in attendance with the exception of Carol Richards. Also present were Town Attorney John Dunn, Stan Bernstein, financial consultant, Honorable Clint Watkins, Judge, Tom Phoenix, Boettcher and Company as well as members of the press and public. The minutes of the February 26th meeting was then presented to the Council. Jim Wells moved approval of the minutes of the February 26th meeting, seconded by Bill Doyle and was unanimously carried. Bi-monthly financial reports were next presented to the Council. After some discussion Steve Erickson moved approval of the Accounts Payable, seconded by Jim Wells and was unanimously carried. It was noted that the Town Manager set up employee procedures with the staff. Ed Grange and Dick Brinkley of Holy Cross Electric Company approached the Council. They wanted to inform the Council that next Tuesday March 18, 1980 at 9:00 A.M. the County Commissioners of Eagle County are acting upon a application of the public service company of Colorado Ute Electric in relative to a power transmission line to be built from Basalt to Multa, which is directly south of Leadville., There is a lot of opposition to this project. Mr. Grange and Mr. Brinkley are asking support of the Town of Avon and the Council. After some discussion Allan Nottingham stated there should be a Resolution drawn up by the Town Attorney to support the power line to be erected, Steve Erickson seconded the motion and was carried with Dick Casserley opposing. (A COPY OF THIS RESOLUTION IS ATTACHED TO THESE MINUTES.) Mike Blair representing Benchmark at Beaver Creek Company which represents the owners of Lots 1-7, Block #3 approached the Council. Mr. Blair was requesting an appro al of a correction on the Plat in the Block#3 area, a minor surveying difference in(the boundary. After some discussion Steve Erickson moved approval of Amendment 7 to the subdivision Amendment 11 of the Town of Avon Map as specified, seconded by Bill Doyle and was unanimously carried with Jim Wells and Allan Nottingham abstaining. Tom Phoenix with Boettcher and Company approached the Council. Mr. Phoenix stated that the bond market is the worse it has been in 20 years. He stated that 70 to 80 percent of the scheduled bond sales have been cancelled because of the deteriorated bond market and that he did not know how long the situation would continue. The Council agreed that they would continue activity and be prepared when the bonding situation improves. The mayor thanked Tom Phoenix for reporting to them. 0 First reading of Ordinance No.#80-3, AN ORDINANCE PERTAINING TO THE DESIGNATION OF EMERGENCY LANES WITHIN THE TOWN OF AVON; DEFINING CERTAIN TERMS AS USED HEREIN; PROVIDING FOR THE DESIGNATION OF EMERGENCY LANES BY THE FIRE CHIEF AND THE ERECTION OF EMERGENCY LANES SIGNS AT THE EXPENSE OF THE OWNER OF THE PROPERTY ON WHICH THE SIGNS ARE ERECTED; PROHIBITING THE STOPPING, STANDING OR PARKING OF A VEHICLE WITHIN THE DESIGNATED AREAS; PROVIDING FOR A FINE FOR THE VIOLATION OF THAT PROHIBITION AND SETTING OUT FURTHER DETAILS IN RELATION THERETO. After some discussion Bill Doyle moved approval of Ordinance No.#80-3, seconded by Jim Wells. A roll call was taken with all Councilmembers voting yes. (A COPY OF THIS ORDINANCE IS ATTACHED TO THESE MINUTES.) Second reading of Ordinance No.#80-4, AN ORDINANCE, CONCERNING VACATION PLANS, VACATION LICENSES, VACATION LEASES, VACATION CLUB MEMBERSHIPS, TIME-SHARING PLANS AND OTHER INTERVAL OWNERSHIP OR PLANS; PROVIDING FOR A MORATORIUM ON THE ORIGIN, INITIATION, MARKETING AND SALES OF ANY SUCH PLAN OR DEVICE DURING WHICH MORATORIUM SUCH ACTIVITY SHALL NOT BE PERMITTED AND DURING SUCH PERIOD SUCH ACTIVITY SHALL BE SUBJECT TO STUDY; INVITING INPUT CONCERNING TUTURE REGULATION AND LEGISLATION FROM THE PUBLIC AND ANY INTERESTED CITIZENS OR GROUPS; EXPRESSING THE INTENTION OF THE TOWN COUNCIL TO LEGISLATE AND REGULATE IN THIS AREA CONSISTENT WITH THE PUBLIC HEALTH, WELFARE AND SAFETY. After some discussion Steve Erickson moved approval of Ordinance No.#80-4, seconded by Dick Casserley. A roll call was taken with all Councilmembers voting yes. (A COPY OF THIS ORDINANCE IS ATTACHED TO THESE MINUTES.) First reading of Ordinance No.#80-5, AN ORDINANCE PROVIDING FOR THE CONTROL, LICENSING, IMPOUNDING AND DISPOSITION OF DOGS WITHIN THE TOWN OF AVON. John Dunn stated that this Ordinance be given additional notice by State Statue, two publications, one (1) fifteen days prior to the final reading and one (1) at least eight days prior to the final reading and also copies of the Eagle County Resolution to be available at the Town Offices. It was stated to make a correction on the word "Section"on page one. With that Allan Nottingham moved approval of Ordinance No.#80-5 with the correction, seconded by Jim Wells. A roll call was taken with all Councilmembers voting yes. (A COPY OF THIS ORDINANCE IS ATTACHED TO THESE MINUTES.) First reading of Ordinance No.#80-6, 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; PROVIDING 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. After some discussion Dick Casserley moved approval of Ordinance No. #80-6 with the corrections as follows: on page 3, delete "at 10% of the average annual rental over the entire term of the lease, including any renewal," and add "or the current annual rental for ten years, delete "the actual" and add "any additional, delete, "other than rent. On page 6, delete "less than" before"period of" and add "or less after "years" delete "less than" before "thereof" and add "or less" after "years" Make "Severability" "section 13 and "Allocation of Revenue" section 14. in section 14 (b) delete "and the" and add after the word improvements, "or upon determination of an emergency by majority vote of the entire Town Council, for any valid municipal purpose." Seconded by Steve Erickson. A roll call was taken with all Councilmembers voting yes. ( A COPY OF THIS ORDINANCE IS ATTACHED TO THESE MINUTES.) -2- NWCCOG - A-95 - 1980 DOE Weatherization Plan - signed as favorable and approved by the Council. A-95 - Mountain Region Emergency Medical Services Development - signed as favorable and approved by the Council. Steve Erickson reported on the COG meeting he attented. They discussed the 1980 census. The Mayor reported that in July, 1979 he applied to the division of highways for financial assistance installing guard rails on the streets of Avon. The Town has been granted $50,024.00. There will be a inter-governmental work shop on March 27 and 28 of March conducted by the Beaver Creek Resort Company. All Councilmembers are invited. The Department of Highways are asking for a contribution from the Town of Avon to inspect the bridges in the Town. Jim Wells moved approval that the Mayor be authorized to execute agreement with the Department of Highways for the inspection, location of inspection and inspection of bridges, seconded by Bill Doyle and was unanimously carried. There being no further business, Steve Erickson moved that the Council adjourn and Bill Doyle seconded the motion. The meeting was adjourned by Mayor Alpi at 10:35 p.m. A A . Respectfully Submitted: Town Clerk I 7 C t 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.#80-3, SERIES OF 1980: AN ORDINANCE PERTAINING TO THE DESIGNATION OF EMERGENCY LANES WITHIN THE TOWN OF AVON; DEFINING CERTAIN TERMS AS USED HEREIN; PROVIDING FOR THE DESIGNATION OF EMERGENCY LANES BY THE FIRE CHIEF AND POLICE CHIEF AND THE ERECTION OF EMERGENCY LANE SIGNS AT THE EXPE14SE OF THE OWNER OF THE PROPERTY ON WHICH THE SIGNS ARE ERECTED; PROHIBITING THE STOPPING, STANDING OR PARKING OF A VEHICLE WITHIN THE DESIGNATED AREAS; PROVIDING FOR A FINE FOR THE VIOLATION OF THAT PROHIBITION AND SETTING OUT FURTHER 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 13th day of March, 1980 TOWN OF AVON, COLORADO Bv. POSTED AT THE FOLLOWING PUBLIC PLACES GIITHIN THE TOWN OF AVON ON MARCH 13, 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 : • • TOWN OF AVON ORDINANCE 110. 3 SERIES OF 1980 AN ORDINANCE PERTAINING TO THE DESIGNATION OF EMERGENCY LANES WITHIN THE TOWN OF AVON; DEFINING CERTAIN TERMS AS USFD HEREIN; PROVIDING FOR THE DESIGNATION OF EMERGENCY LANFS BY THE FIRE CHIEF AND POLICE CHIEF AND THE ERECTION OF E1IFRGFNCY LANE SIGNS AT THE EXPENSE OF THE OWNER OF THE PROPERTY ON I-,IHICH THE SIGNS ARE ERECTED; PROHIBITING THE STOPPING, STANDING OR PARKING OF A VEHICLE WITHIN THE DESIGNATED AREAS; PROVIDING FOR A FINF FOR THE VIOLATION OF THAT PROHIBITION AND SETTING OUT FURTHER DETAILS IN RELATION THERETO. Section 1. Title This Ordinance shall be known and may be cited as "The Avon Emergency Lane Parking Restriction Ordinance." Section 2. Definitions The definitions from the P1odel Traffic Code, Part D, Section XXV, shall apply to this Ordinance and are hereby in- corporated herein by reference thereto. In addition, the follow- inq definitions shall apply: A. Fire Chief. "Fire Chief" shall- mean the Chief of any Fire Protection District serving the Town of Avon or any portion of the Town of Avon, or any member of any such Fire Department who has been designated by the Chief of any such Department or District to perform certain specific tasks pursuant to this Ordinance. B. Emergency Lane. "Emergencv Lane" shall mean certain areas which are set emergency equipment or park a vehicle. Fire Chief or the A the purpose of this ignated portions of aside for the use of fire fighting or other and in which it is prohibited to stop, stand, Unless otherwise specifically authorized. by the von Police Chief for reasons consistent with Ordinance, all emergency lanes shall be des- roadways, parkinq areas or other public areas -1- on private property. Such emergency lanes may be marked by striping or other appropriate boundary markers. C. No Parking, Emergency Lane Signs. "No Parking, Emergency Lane" Signs shall be those signs approved by the Avon Town Council for the designation of emergency lanes within the Town of Avon. Section 3. Emergency Lanes - Fire Chief To Designate - Description - Record Keeping - Notice `-''o Property Owners - Posting Pursuant to this Ordinance and at such times as they may determine, the Fire Chief, acting jointly with the Avon Police Chief, shall conduct a survey within the Town of Avon to det- ermine the need for the location and designation of emergency lanes. When such a need has been identified, the Fire Chief shall describe in words on a form appropriate for the task the location of the emergency lane with respect to buildings and. other fixed objects. The Fire Chief shall retain a cony of the description of the location of the emergency lane and other copies shall be for- warded to the Avon Police Chief, the Town Manager, and the owner of the property on which the emergency lane is located. The Town Manager shall cause all such descriptions of emergency lanes as received from the Fire Chief to be maintained as a permanemt Town record in such a way that, from that record, a property owner or citizen can determine the location of all the emergency lanes so designated within the Towm. Such signs shall be considered to be official traffic control devices. At such time that the Fire Chief forwards to the property owner the description of the location of the emergency lanes, he shall. also cause a copy of the following Notice to be transmitted to the property owner: -2- D , • Notice Following an inspection of your property located at (give street address or legal description of property), in the Town of Avon, Colorado, it has been determined, pur- suant to Ordinance No. 3, Series of 1980, that there is a need for the designation of emergency lanes in the following loc- ations: (Give entire description of location of emergency lanes, such as "along entire south side of building for a distance of feet from building" or whatever is appropriate). You are hereby notified that, upon the filing of a copy of this Notice of Designation of emergency lane with the Avon Town Manager, these emergency lanes will have official, legal, status under Ordinance No. 3, Series of '1980. You are further notified that, as the owner of property upon which emergency lanes have been located and designated, you will be required to have Town Council approved "No Parking, Emergency Lane" signs erected as required by Ordinance No. 3, Series of 1980, at your expense. You will be contacted. by me or a member of my department within the near future. Avon Fire Chie Plithin sixty days following the mailing of the above Notice the Fire Chief shall cause to be erected in appropriate locations certain signs bearing the words "No Parking, Emergency Lane, Tow Away Zone," on the property involved. These signs shall be erected in location of maximum visibility and may be placed on existing objects such as buildings and other fixed objects or upon poles or standards placed for_ the purpose of holding such signs. -3- • • Section 4. Payment For Signs - Penaltv For Failure - Lien it is hereby determined that erection of the emergency lane signs is of special benefit to the property owner on whose pro- perty the signs are to be erected. Following the erection of such signs, the Fire Chief shall submit to the Town Manager an itemization of expenses incurred in the erection of such signs. Separate itemizations shall be submitted for each lot or parcel of property on which signs were erected. The itemization shall include the costs incurred for labor and materials as well as the cost of the signs erected. The Town Manager shall then sub- mit a statement of costs to the property owner on whose property the signs have been erected. Included with this statement of expenses shall be a statement that any unpaid statement shall accrue interest at the rate of one and one-half percent of the unpaid balance per month, the accrual of interest to begin 30 days after the mailing of the notice. The amount of such ex- pense, together with any penalty and interest, if not paid. when due, shall further constitute a lien on the property benefitted, which lien shall continue in effect until paid or otherwise dis- charged. Section 5. Violation - Penalty - Authorization To Tow - Owner To Pay Before Release of Vehicle No person shall stop, stand or park a vehicle within any emergency lane designated pursuant to this Ordinance, except when necessary to avoid a conflict with other traffic, or in compliance with the directions of a police officer or official traffic con- trol device or except for the purpose of loading or unloading passengers when such standing does not obstruct, impede or en- danger any traffic. -4- • Every person convicted of a violation of this Section shall be punished by a fine up to $300. In addition to issuing a Summons and Complaint for a violation of this Section, any Avon police officer may order any offending vehicle towed an(~ impounded. Before the owner or agent for the owner of any vehicle impounded pursuant to this Ordinance is permitted to retake possession of the impounded vehicle, he shall pay the actual costs of the towing and the daily storage rate, computed on the basis of the number of days for which the vehicle was stored, to the Town of Avon or its designated representative. Section 6. Severability If any provision, clause, phrase or section of this Ordinance or the application thereof to any person or cir- cumstance is held invalid, such invalidity shall not affect other provisions, clauses, phrases or sections or applications of the Ordinance which can be given effect without the invalid provisions or applications and to this end the provisions or applications of this Ordinance are declared to be severable. -5- i INTRODUCED, READ AND PASSED ON THE FIRST READING, AP ROVED, AND ORDERED PUBLISHED ONCE IN FULL, THIS ~Z_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- DAY OF &,t-,J~ 1980, AT 7:30 P.M. IN THE MUNICIPAL OFFICES OF THE TOWN. Ancx(1-1 -1 o ~7. Alni, May r ATTEST: / Patricia J. Doyle, Town Clerk INTRODUCED, READ AND PASSED ON SECOND READING, APPROVED, AND ORDERED PUBLISHED THIS DAY OF , 1980. ATTEST: Patricia J. Doyle, Town Clerk -5- A N TOWN OF AVON ORDINANCE NO. 4 SERIFS OF 1980 AN ORDINANCE CONCERNING VACATION PLANS, VACATION LICENSES, VACATION LEASES, VACATION CLUB MFPRBERSHIPS, TIME-SHARING PLANS AND OTHER INTERVAL OWNERSHIP OR PLANS; PROVIDING FOR A MORATORIUM ON THE ORIGIN, INITIATION, MARKETING AND SALES OF ANY SUCH PLAN OR DEVICE DURING WHICH MORATORIUM SUCH ACTIVITY SHALL NOT BE PERMITTED AND DURING SUCH PERIOD SUCH ACTIVITY SHALL BE SUBJECT TO STUDY; INVITING INPUT CONCERNING FUTURE REGULATION AND LEGISLATION FROM THE PUBLIC AND ANY INTERESTED CITIZENS OR GROUPS; EXPRESSING THE INTENTION OF THE TOWN COUNCIL TO LEGISLATE AND RFGULATE IN THIS AREA CON- SISTENT WITH THE PUBLIC HEALTH, TV7ELFARF AND SAFETY. WHEREAS, the phenomenon known generally as "time-sharing" is found in many ski resort towns in Colorado; and WHEREAS, certain overtures and proposals have been made to the Town of Avon by those interested in establishing time-sharing plans or programs in the Town of Avon; and WHEREAS, time-sharing in its various forms is a complex subject involving Land Use, Zoning, Securities and Property Law, among others; and. WHEREAS, the permissible regulation of time-sharing is a subject within the scope of authority of the Town Council acting in the interest of the public health, safety and welfare; and WHEREAS, such regulation and legislation, if enacted, should represent a fair consensus and a reasonable, workable plan; and -1- WHEREAS, it is necessary to study the subject as well as the possible approaches toward. achievement of the goals; and WHEREAS, by Resolution No. 24 adopted November 27, 1979, a moratorium on time-sharing was declared until rlarch 15, 1980, and a study of the same directed; and WHEREAS, such study cannot be completed. by rlarch 15, 1980; and WHEREAS, there is now pending before the General Assembly of the State of Colorado legislation which would have a significant effect on time-sharing. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL FOR THE TOWN OF AVON, COLORADO: 1. That there is declared a moratorium, effective immediately, on the origin, initiation, marketing and sales, as well as all related or similar activity, in connection with all vacation plans, vacation licenses, vacation leases, vacation club memberships, time-sharing plans and other in- terval ownership or plans and such activity is hereby prohibited. 2. That this moratorium shall continue for a reasonable time period and until June 15, 1980, or until the Council may determine by Ordinance. 3. That during this moratorium the Council shall con- tinue to study the time-sharing phenomenon as it applies or may apply to the Town of Avon and such study shall be directed to- ward the possibility of enacting legislation, if it appears to the Council that legislation in this area is desirable. -2- 0 0 n. That the Council hereby invites the thoughts, opinions and ideas of any persons or groups on the subject of time-sharing and the regulation thereof. INTRODUCED, READ AND PASSED ON THE FIRS`' READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, THIS DAY OF 1980, AND A PUBLIC HEARING ON THIS ORDINANCF SHALL BE HELD P.T THE MEETING OF THE TOWN COUNCIL OF THE TO071\1 OF AVON, COLORADO, ON THE DAY OF I- C 1980, AT 7:30 P.M. IN THE MJNTCIPAL OFFICES OF THE TOWN. i - I Q An_elo ~1. Alpii, M yor ATTEST: C Patricia J. Dole, Town Clerk INTRODUCED, READ AND PASSED ON SECOND READING, APPROVED, AND ORDERED PUBLISHED THIS !~f DAY 1980. V ~ Angelo 06. Alpi, May r ATTEST:. Patricia J., oyle, T wn Clerk -3- 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 11th DAY OF MARCH, 1980 AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE N0.#80-4, SERIES OF 1980: AN ORDINANCE CONCERNING VACATION PLANS, VACATION LICENSES, VACATION LEASES, VACATION CLUB MEMBERSHIPS, TIME-SHARING PLANS AND OTHER INTERVAL OWNERSHIP OR PLANS; PROVIDING FOR A MORATORIUM ON THE ORIGIN, INITIATION, MARKETING AND SALES OF ANY SUCH PLAN OR DEVICE DURING WHICH MORATORIUM SUCH ACTIVITY SHALL NOT BE PERMITTED AND DURING SUCH PERIOD SUCH ACTIVITY SHALL BE SUBJECT TO STUDY; INVITING INPUT CONCERNING FUTURE REGULATION AND LEGISLATION FROM THE PUBLIC AND ANY INTERESTED CITIZENS OR GROUPS; EXPRESSING THE INTENTION OF THE TOWN COUNCIL TO LEGISLATE A14D REGULATE IN THIS AREA CONSISTENT WITH THE PUBLIC HEALTH, WELFARE AND SAFETY. 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 28th day of February, 1980 TOWN OF AVON, COLORADO i Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON FEBRUARY 28, 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 • 0 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 23th DAY OF MARCH, 1980 AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO.#80-5, SERIES OF 1980: AN ORDINANCE PROVIDING FOR THE CONTROL, LICENSING, IMPOUNDING AND DISPOSITION OF DOGS WITHIN THE TOWN OF AVON. 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 13th day of March, 1980. TOWN OF AVON, CO By; Town Cler POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MARCH 14, 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 TOWN OF AVON ORDINANCE 1\10. 5 SERIFS OF 1.980 AN ORDINANCE PROVIDING FOR THE CONTROL, LICFNSING, IMPOUNDING AND DISPOSITION OF DOGS WITHIN THE TOTIN OF AVON. WHEREAS, the Town Council of the Town of Avon has the legal authority pursuant to Section 6.9 of Chapter 6 of the Charter for the Town of Avon, Colorado; Section 31-16-201 et sea, C.R.S. 1973, as amended; and. Section 31-15-401 (m) (I), C.R.S. 1.973, as amended, to adopt by reference thereto, the "Eagle Countv Dog Control Resolution of 1979," and. any and. all amendments"thereto, as enacted by the County of Eagle, State of Colorado. WHEREAS, the Town of Avon has determined that the matter of dog control., licensing, impounding, disposition, and re- lated problems thereto public health, safety and welfare of the citizens of the Town of Avon, County of Eagle, State of Colorado. BE IT ORDAINED BY THE TOTIN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Adontion Pursuant to Section 6.9 of Chanter 6 of the Charter for the Town of Avon, Colorado; Section 31-16-201, et sect. C.R.S. 1973 as amended; Section 31-15-401 (m) (I), C.R.S. 1973 as amended- and 3zction 30-15-10.1 (2), C.R.S. 1973 as amended., there is herebv adopted as -the ordinance for the -1- control, licensing, impounding and c'i.sposition of doers within the Town of Avon, by reference thereto, the "Fagle County Doq Resolution of 1979," and any and, all amendments thereto, as enacted by the County of Fagle, Colorado. The subject matter of the adopted Resolution includes comprehensive regulations and provisions for the control a.nd li.censina of dogs, procedures, fees and penalties for the purpose of protection of the Public health, safety and aeneral welfare. Section. 2. Resolution Conies. At least three .(3) copies of the "Fac?le Countv Dog Control Resolution of 1979," all certified. to be true copies, have been and are now on file in the office of the Town Clerk, and. may be inspected by any interested. person between the hours of 9:00 A.M. and 4:30 P.M. Mondav through Friday, holidavs excepted. The "Dog Ordinance" as finally adopted shall be available for sale to the public through the office of the Town Clerk at a moderate price. Section 3. Deleaation of Authoritv to the Countv of Eagle Animal Control Officer. The Town Council may, upon proper Resolution of the Council, pursuant to Section 16.2 of Chapter 16, of the Charter for the Town of Avon, Colorado; Section 29-1-201, et sea. C.R.S. 1973, as amended; and. Section 30-15-101 (2), C.R.S. 1973, as amended, contract and said Council does hereby contract and agree that the Eagle County Animal. Control Officer and his deputies shall have authority to apprehend, control, license, impound, dispose of and per_.form all matters related thereto, any dog in violation of this Ordinance, within the limits of the Town of Avon, and that the "Eagle County nog Control Resolution of 1979," shall be the regulation prescribed once -2- a dog is taken into custody of such Facile County Animal Control Officer or his deputies. Section n. Penalties. (a) The following penalty clause as contained in the "Eagle County Dog Control of 1979," is herewith set forth in full and adopted: A. Any violation of any provisions of this Resolution which does not result in bodily injury to any person shall be a Class Two petty offense and upon conviction thereof_ shall. be punished for such offense by im- prisonment for not more then ninety days or by a fine of not more than three hundred Dollars ($300.00) or by both such imprisonment and fine, plus the customary court costs as applicable. The .f_ol_lowing minimum fines shall apply to any such violation: First Conviction: $ 25.00 Second Conviction: $ 25.00 Third and. Each Conviction Thereafter: $100.00 The penalty assessment procedures contained in Section 16-2-201 C.R.S. 1973, as amended shall be followed by any peace officer and/or animal control officer enforcing the provisions of the Resolution. -3- • n B. Any violation of any ?provisions of this Resolution which results in bodily injury to any person caused by a dog shall be a Class Two misd.emeanor and. upon conviction thereof shall be punished for such offense by a fine of two hundred fifty dollars ($250.00) to one thousand dollars ($1,000.00) or by imprisonment in the County Jail for three (3) to twelve (12) months, or by both such fine and imprisonment. Section 5. Savings Clause. If any part, section, subsection, sentence, clause, or phrase of this Ordinance or of the Fagle County Dog Control Resolution of 1979, adopted hereby, is for any reason held to be invalid, such sections of this Ordinance or of said. "Fagle County Dog Control Resolution of 1979," the Town Council hereby declares that it would have passed this Ordinance and adopted said "Eagle County Doer Control Resolution of 1979," in each part, section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more parts, sections, subsections, sentence, clause, or phrase thereof, irrespective of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. Repeal and. Effective Date. Ordinance No. 73-6, Series of 1973, and any or all Ordinances or parts of Ordinances of the Town of Avon, in conflict or inconsistent herewith are hereby repealed upon the effective date of this Ordinance which shall be the completion of publication as provided. by the Charter for the Town of Avon. -4- INTRODUCED, READ AND PASSED ON THE FIRST READING, APPROVED, ~X AND ORDERED PUBLISHED ONCE IN FULL, THIS J/ DAY OF L2-,&, 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„1,1 ~~'DAY OF 1980,AT 7:30 P.M. IN THE MUNICIPAL OFFICES OF THE TOWN. Arjgelo r. Alpi, Mayo ATTEST: Patricia J. Doyle, Town erk INTRODUCED, READ AND PASSED ON SECOND READING, APPROVED, AND ORDERED PUBLISHED THIS DAY OF , 1980. Angelo V. Alpi, Mayor ATTEST: Patricia J. Doyle, Town Clerk -6- • • STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING I3EFORE 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. TOWN OF AVON, CO By:~ Town Clerk 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 t 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 raid 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 9 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 iidicia 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 to 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 wity 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 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 (name of Grantee), dated 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 coficerning 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- 4 • 0 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, on the following basis: the consideration paid for the real property located within the Town shall be considered to be the same percentage of the total consideration for the transaction as the acreage of property with- in and without 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 im-orisons E. Anv 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 Went. 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 Ord nce shall be divided as follows: (a) 500 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 % "",C_ DAY OF ) a L (J, 1980, AND A PUBLIC HEARING ON THIS ORDINA14CE 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. r , Angelo VA41t. or J ATTEST: Patricia J. Doyle, Town Clerk INTRODUCED, READ AND PASSED ON SECOND READING, APPROVED, AND ORDERED PUBLISHED THIS DAY OF , 1980 Angelo V. Alpi, Mayor ATTEST: Patricia J. Doyle, Town Clerk TOWN OF AVON RESOLUTION NO. 5 SERIES OF 1980 WHEREAS, the Town Council of the Town of Avon consider the supply of electricity to the upper Eagle Valley to be a matter of the highest priority, and WHEREAS, the Council has determined that the present supply of electricity to the valley is not sufficient in that alter- native sources of supply do not now exist: NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Avon support the application of Colorado Ute Electric Association to expand the existing power line from Basalt to Lead- ville, Colorado, through the Frying Pan Valley. INTRODUCED, PASSED, RESOLVED AND ADOPTED AND ORDERED PUB- LISHED ONCE IN FULL THIS DAY OF~~IC~i_, , 1980. L"t) May r` ATTEST: Town Clerk