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TC Ord. No. 1989-04• • ORDINANCE NO. 89- i~ AN ORDINANCE AMENDING CHAPTER 3.28 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO THE PAYMENT OF AN ACCOMMODATIONS TAX ON THE EX- CHANGE OF TIME-SHARE UNITS WHEREAS, Section 3.28.030 of the Municipal Code of the Town of Avon levies an accommodations tax upon the furnishing of various accommodations within the Town; and WHEREAS, a taxable event within the meaning of said Section occurs when the right to use a time-share unit within the Town is obtained in consideration for the trans- fer of a right to use a different time-share unit; and WHEREAS, the Town has not heretofore taken any enforcement action to collect any accommodations tax upon such transactions; and WHEREAS, the Town Council interprets Section 3.28.030 as levying a tax on such exchange use of time-share units; and WHEREAS, it is the intent and purpose of the Town Council in the enactment of this Ordinance to clarify said Section 3.28.030; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Avon as follows: Section 1. Amendment. Subsection B of Section 3.28.020 of Chapter 3.08 of Title 3 of the Municipal Code of the Town of Avon is amended to read as follows: "B. 'Leasing and rental of a hotel room, condominium unit, time-share unit or other accom- modation' means the leasing, rental, exchange or other furnishing of any room or other accommo- dation in any hotel, condominium, condominium unit, apartment-hotel, motel, guesthouse, trailer court, time-share unit or any such similar place in the Town to any person, who, for a consideration including consideration in the form of exchange of a time-share unit, uses, possesses, or has the right to use or possess such room, unit, or other accommodation for a total continuous duration of less than thirty days." Section 2. Amendment. Section 3.08.020 of i 1 i i i M N Chapter 3.08 of Title 3 of the Municipal Code of the Town of 0 • Avon is amended by the addition of paragraphs E., F., G. and H as follows: "E. 'Rack rate' means the posted or adver- tised non-discounted rate for the rental of a room or unit, including a time-share unit, for lodging purpose. "F. 'Exchange of a time-share unit' means obtaining a right to use a time-share unit within the Town in consideration for the transfer, in whole or in part, of a right to use a different time-share unit. "G. 'Time-share unit' means time-sharing unit as defined in Section 17.08.650 of the Municipal Code of the Town of Avon, as from time to time amended. "H. 'Time-share project' means any building or buildings or portions thereof approved by the Town Council of the Town to include time-share units." Section 3. Amendment. "3.28.030 Imposition and rate of tax. There is levied, and shall be paid and collected, an excise tax of four percent on the price paid for the leasing and rental of a hotel room, condominium unit, time-share unit or other accommodation located in the town. In the case of an exchange including the exchange of a time-share unit, the price paid shall be deemed to be the rack rate for the room or unit used." Section 4. Effective Date and Applicability. This Ordinance shall become effective in accordance with the Charter of the Town of Avon and shall apply to all exchange use of time-share units heretofore or hereafter occurring. Section 5. Severability. If any part, section, i 1. I E I I sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council for the Town of Avon hereby declares it would have passed this Ordinance and each part, section, sub-section, sentence, clause or phrase thereof, irrespec- tive of the fact that any one or more parts, sections, sub-sections, sentences, clauses or phrases be declared c M N Y V j r , invalid. Section 6. Savings. No amendment made by this Ordinance to Chapter 3.28 of the Municipal Code of the Town of Avon shall extinguish any amount owing, nor any penalty, r forfeiture, or liability, either civil or criminal, which i 2 r 1' 0 0 i~ shall have been incurred pursuant thereto prior to the i effective date of such amendment. i l iI r INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, THIS 14th day of February, 1989 and a public hearing on this Ordinance shall be held at the regular meeting of I the Town Council of the Town of Avon, Colorado, on the day of February , 1989, at 1:30 P.M. in the Munici- pal Building of the Town of Avon, Colorado. ~ 'JUG ' Allan . Notti ham, Mayor ATTEST: jI /s/ Patricia J. Doyle 11 Patricia J. Doyle, Town Clerk 1 R INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this day of , 1989 Allan R. Nottingham, Mayor ATTEST: Patricia J. Doyle, Town Clerk KORD5030789 - 3 - • 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 28TH DAY OF FEBRUARY, 1989, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 89-4, SERIES OF 1989: AN ORDINANCE AMENDING CHAPTER 3.28 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO THE PAYMENT OF AN ACCOMMODATIONS TAX ON THE EXCHANGE OF TIME-SHARE UNITS 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, Colorado. Dated this 14th day of February, 1989. AVON, COL BY/: atr1cia J/./Doylte, Tbwn Cler POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON FEBRUARY 15, 1989: THE AVON POST OFFICE IN THE MAIN LOBBY THE CITY MARKET IN THE MAIN LOBBY THE C-MART, INC.; AND THE AVON MUNICIPAL BUILDING IN THE MAIN LOBBY it l~ ~j t; II 0 0 ORDINANCE NO. 89- 4 AN ORDINANCE AMENDING CHAPTER 3.28 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO THE PAYMENT OF AN ACCOMMODATIONS TAX ON THE EX- CHANGE OF TIME-SHARE UNITS WHEREAS, Section 3.28.030 of the Municipal Code of the Town of Avon levies an accommodations tax upon the furnishing of various accommodations within the Town; and WHEREAS, a taxable event within the meaning of said Section occurs when the right to use a time-share unit within the Town is obtained in consideration for the trans- WHEREAS, the Town Council interprets Section such transactions; and tl I I fer of a right to use a different time-share unit; and r I WHEREAS, the Town has not heretofore taken any enforcement action to collect any accommodations tax upon ; { r 3.28.030 as levying a tax on such exchange use of time-share I ' NOW, THEREFORE, BE IT ORDAINED by the Town Council I. `i Section 3.28.030; I .j units; and It WHEREAS, it is the intent and purpose of the Town i+ Council in the enactment of this Ordinance to clarify said of the Town of Avon as follows: t Section 1. Amendment. Subsection B of Section it 3.28.020 of Chapter 3.08 of Title 3 of the Municipal Code of the Town of Avon is amended to read as follows: "B. 'Leasing and rental of a hotel room, condominium unit, time-share unit or other accom- modation' means the leasing, rental, exchange or other furnishing of any room or other accommo- dation in any hotel, condominium, condominium unit, apartment-hotel, motel, guesthouse, trailer •I court, time-share unit or any such similar place j in the Town to any person, who, for a consideration including consideration in the form of exchange of a time-share unit, uses, possesses, or has the right to use or possess such room, ! unit, or other accommodation for a total continuous duration of less than thirty days." Section 2. Amendment. Section 3.08.020 of n Chapter 3.08 of Title 3 of the Municipal Code of the Town of EI I i f i • • Avon is amended by the addition of paragraphs E., F., G. and H as follows: "E. 'Rack rate' means the posted or adver- tised non-discounted rate for the rental of a room or unit, including a time-share unit for lodging purpose. "F. 'Exchange of a time-share unit' means obtaining a right to use a time-share unit within the Town in consideration for the transfer, in whole or in part, of a right to use a different time-share unit. "G. 'Time-share unit' means time-sharing unit as defined in Section 17.08.650 of the Municipal Code of the Town of Avon, as from time to time amended. "H. 'Time-share project' means any building or buildings or portions thereof approved by the Town Council of the Town to include time-share units." Section 3. Amendment. "3.28.030 Imposition and rate of tax. There is levied, and shall be paid and collected, an excise tax of four percent on the price paid for the leasing, and rental of a hotel room, condominium unit, time-share unit or other accommodation located in the town. In the case of an exchange including the exchange of a time-share unit, the price paid shall be deemed to be the rack rate for the room or unit used." Section 4. Effective Date and Applicability. This Ordinance shall become effective in accordance with the Charter of the Town of Avon and shall apply to all exchange use of time-share units heretofore or hereafter occurring. Section 5. Severability. If any part, section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council for the Town of Avon hereby declares it would have passed this Ordinance and each part, section, sub-section, sentence, clause or phrase thereof, irrespec- tive of the fact that any one or more parts, sections, sub-sections, sentences, clauses or phrases be declared invalid. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, THIS 14th day of February, 1989 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 28th - 2 - ,I i ~ • I! I~ y~ day of February 1989, at 7:30 P.M. in the Munici- pal Building of the Town of Avon, Colorado. #at r i ZcZia J . o y 1'F? Ter k Allan ,Notti ham, Mayor AT S .o. i' INTRODUCED, PASSED ON SECOND READING, APPROVED AND i ORDERED POSTED this day of , 1989 i Allan R. Nottingham, Mayor ATTEST: i i~ Patricia J. Doyle, Town Clerk ~I i! ii 'I l+ ;I i KORD5021589 - - 3 i ~I s