TC Ord. No. 1987-12TOWN OF AVON
ORDINANCE NO. 87-12
SERIES OF 1987
AN ORDINANCE CONCERNED WITH DEFINING THE TERM
"MOTOR FUEL DISPENSING", INCLUDING THE-USE OF PROPERTY FOR
"MOTOR FUEL DISPENSING" IN THE SC ZONE DISTRICT AND PROVIDING
PENALTIES FOR THE VIOLATION THEREOF
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON:
Section 1. There-is hereby added to the municipal code-
of the Town of Avon a new section identified as Section 17.08.458
which is to read as follows:
"17.08.458. 'Motor fuel dispensing' means the
saw an ransfer of flammable liquids from a bulk
container or tank to a motorized vehicle for the
purpose of providing motive-.power to that vehicle.
Motor fuel dispensing does'not include any type of
motorized vehicle service."
Section 2. That portion of line (8) of the Chart contained
in Section 17.20.010 D of the Municipal Code of the Town of Avon
relating to "Special Review Uses" is hereby amended to read as follows:
"Outdoor recreation; pedestrian rest areas; indoor
recreation; public uses; lock-off units; motor fuel
dispensing."
Section 3. Violations-Penalties and Remedies.
A. The erection; construction, reconstruction,-alteration,
moving, conversion or maintenance of-'any building or structure and
the, use of any land, structure or building which is continued,
operated or maintained contrary to any provisions of the zoning code
is declared'to be a,violation of this zoning code and unlawful.
B. Any person or corporation, whether as principal, agent
or employee, who violates any provision of this zoning code.shall be',
for each offense, punished by a fine of not exceeding five hundred..
dollars or imprisonment for a period of not more than ninety days',
or both such fine and imprisonment. Each day any violation of this
zoning code continues will constitute a separate offense.
C._ The imposition of any penalty under this zoning code
shall not preclude the town'or affected property owner from instituting
any appropriate action or proceeding to require compliance with the
provisions of this zoning code.
D. Any remedies provided for in this section shall be
cumulative and not exclusive,and shall be'in addition to any-other
remedies provided by, law.
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INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED,
THIS 9TH day of ni and a public hearing on this
Ordinance shall be held at the regular meeting of the Town Council
of the Town of Avon, Colorado, on the 14th day of July
at 7:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
ATTEST:
Allan R. Not Ingham, yor
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED
this 14th day of July , 1987.
ATTEST:
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A an R. N tting am, ayor
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
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
14TH DAY OF JULY, 1987, AT THE TOWN HALL, FOR THE PURPOSE
OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 87-12, SERIES
OF 1987:
AN ORDINANCE.NO.87-12, SERIES OF 1987, AN ORDINANCE CONCERNED
WITH DEFINING THE TERM "MOTOR FUEL DISPENSING", INCLUDING THE
USE OF PROPERTY FOR "MOTOR FUEL DISPENSING" IN THE SC ZONE
DISTRICT AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF
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 is given and published by order of the Town Council
of the Town of Avon.
Dated this 12th day of June, 1987.
BY:
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN
OF AVON ON JUNE 9, 1987:
THE AVON POST OFFICE IN THE MAIN LOBBY
THE CITY MARKET IN THE MAIN LOBBY
PESTER GAS STATION; AND
THE MUNICIPAL BUILDING IN THE MAIN LOBBY
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
TOWN OF AVON )
The Town Council of the Town of Avon, Colorado, met in
regular session, in full conformity with law and the Charter,
ordinances and rules of said Town, at the Municipal Building, 400
Benchmark Road, in Avon, Colorado, being the regular meeting
place of the Council, on May 26, 1987, at 7:30 p.m. Upon roll
call, the following were found to be present, constituting a
quorum:
Mayor:
Mayor Pro Tem:
Other Councilmembers:
Allan R. Nottingham
Steve Miller
Al Connell
Jerry Davis
Emilie Harrison
Gloria McRory
Clinton Watkins
Absent:
There were also present:
Town Clerk:
Town Manager:
Town Attorney:
Thereupon, the following
were had and taken.
Patricia J. Doyle
William James
John Dunn
proceedings, among
others,
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The Town Clerk announced that Ordinance No. 87-13,
Series of 1987
AN ORDINANCE TO AMEND ORDINANCE NO. 87-8, SERIES OF
1987, WITH RESPECT TO CERTAIN INTEREST RATE PROVISIONS
OF THE TOWN'S GENERAL OBLIGATION BONDS, SERIES 1987
which Ordinance was introduced and read by title on May 12, 1987,
had been published in the Vail Trail, a newspaper of general
circulation in the Town of Avon, in its May 15, 1987 issue as
ordered by the Town Council, and that the publisher's affidavit
of publication of the Ordinance is now on file in the office of
the Town Clerk.
Thereupon, Ordinance No. 87-13, Series of 1987 was read
by title for the second time, typewritten copies having been
furnished to Councilmembers and members of the general public in
attendance.
Mayor Nottingham announced that this is the time and
place for a public hearing on the adoption of Ordinance No. 87-
13, Series of 1987.
After the close of the hearing, Mayor Nottingham
introduced Ordinance No. 87-13, Series of 1987 for final
consideration.
It was thereupon moved by Councilmember Miller
and seconded by Councilmember McRory that said Ordinance be
approved on second and final reading and be published in full in
a newspaper of general circulation in the Town.
The question being upon the adoption of such motion,
the roll was called with the following result:
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Those Voting Yes: Emilie Harrison
Steve Miller
Clint Watkins
Al Connell
Gloria McRory
Jerry Davis
Those Voting No:
Those Absent:
At least two-thirds of the members of the Town Council
having voted in favor of such motion, the presiding officer
thereupon declared the motion carried.
Thereupon, the Town Council considered other business
and took other action not concerning the general obligation
bonds.
Thereafter, there being no further business to come
before the meeting, on motion duly made, seconded and unanimously
carried, the meeting was adjourned.
(SEAL)
Ma or
Town of on Colorado
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS.
)
TOWN OF AVON )
I, Patricia J. Doyle, duly appointed and acting Clerk
of the Town of Avon (the "Town"), Eagle County, Colorado, do
hereby certify that the foregoing pages numbered 1 through 3,
inclusive, constitute a true and correct copy of the record of
proceedings of the Town Council of the Town, taken at a regular
meeting thereof, held at the Municipal Building, 400 Benchmark
Road, in Avon, Colorado, the regular meeting place of the
Council, on Tuesday, May 26, 1987, insofar as said proceedings
relate to the introduction and passage on second reading of
Ordinance No. 87-13, Series of 1987, herein set forth by title
concerning the amendment of Ordinance No. 87-8, Series of 1987.
I further certify that attached hereto as Exhibit A is
an affidavit of publication of said ordinance as passed on second
reading by the Town Council at said meeting and that the Mayor
and six other members of the Town Council were present at
the meeting and the members of the Council voted as in the
minutes set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal of the Town of Avon, Colorado, this 26th day of
May, 1987.
(SEAL)
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EXHIBIT A
(Attach Affidavit of Publication
of Ordinance after Second Reading and Adoption)
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STATE OF COLORADO
COUNTY OF EAGLE
TOWN OF AVON
SS.
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The Town Council of the Town of Avon, Colorado, met in
regular session, in full conformity with law and the Charter,-
ordinances and rules of said Town, at the Municipal Building, 400
Benchmark Road, in Avon, Colorado, being the regular meeting
place of the Council, on May 12, 1987, at 7:30 p.m. Upon roll
call, the following were found to be present, constituting a
quorum:
Mayor:
Mayor Pro Tem:
Other Councilmembers:
Absent:
There were also present:
Town Clerk:
Town Manager:
Town Attorney:
Thereupon, the following
were had and taken.
Steve Miller
Al Connell
Emilie-Harrison
Gloria'McRory
Clinton Watkins
Allan R. Nottingham, Mayor
Jerry Davis,'Councilmember
Patricia J. Doyle
William James
John Dunn
proceedings, among others,
Cf'~'am °Steve :Miller introduced in
typewritten form an ordinance, which was thereupon read by title,
copies having been distributed to all members of the Council and
to all members of the public in attendance, and which ordinance
is as follows: