TC Ord. No. 1999-02 Amending Chapter 3.08 of the Town Code Concerning The Town Sales Tax- .2/-
ORDINANCE NO.99= 2 O�:y:
SERIES OF 1999
AN, ORDINANCE AMENDING CHAPTER 3.08 OF THE .TOWN
CODE CONCERNING THE TOWN SALES TAXES; RATIFYNG
ACTION' PREVIOUSLY TAKEN AND APPERTAINING
THERETO; AND REPEALING ALL' ORDINANCES IN
CONFLICT HEREWITH.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON; COLORADO:
.Section `1. 'Definitions Terms used in this Ordinance. shall have the meanings
specified in Chapter 3.08 of the Town Code or in this section for all purposes of this Ordinance and
of any ordinance amendatory hereof; supplemental hereto or relating hereto,-,and of any instrument
or document*appertaining hereto, except where the context-by clear implication otherwise requires.
All definitions � include the 'singular and plural, and include all genders.
the Annexation and Development Agreement entered into
October 13,1998, among the Town, EMD Limited Liability Company; PVRT NOTT I LLC, PVRT
NOTT II LLC, and PVRT NOTT III LLC.
Improvement Comnanv: the Public Improvement Company described in the
Annexation Agreement or its successors.
: the real property described in Exhibit A to the Agreement.
Retail ' Sales Fee: the Retail Sales Fee assessed by. the Improvement Company as
described in Section 4.5 of the Annexation Agreement.
Section 2. Recitals.
A. The Town is a municipal corporation duly organized and existing under the
Town's Charter adopted pursuant to Article XX of the Constitution of the State of Colorado.
B. 'The Town has entered into the Agreement to annex the Property to the Town.
C. Pursuant to the Agreement, the Improvement Company is authorized to
impose the Retail Sales Fee.
D. Pursuant to the Agreement, the Town desires to provide a tax credit against
the obligation to pay the Tax to the Town for persons who pay the Retail Sales Fee.
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Section 3. Ratification. All actions heretofore taken (not inconsistent with the
provisions of this Ordinance) by the Town Council and other officers of the Town in connection with
the imposition and collection of the Tax, and the Annexation Agreement are ratified, approved and
confirmed.
Section 4. Tax Credit. Chapter 3.08 of the Town Code is amended by the
addition of the following
Notwithstanding any other provisions of this chapter, there shall be
granted to each person owing the tax a temporary tax credit against
collection of the tax equal to the amount of the retail sales fee paid or
collected by such person. The amount of the credit shall not exceed
the amount of the tax. This credit shall terminate when the collection
of the retail sales fee terminates pursuant to the Annexation
Agreement. The Town Council hereby determines that the creation
or termination of this credit does not constitute a tax increase, the
imposition of a new tax, or a tax policy change.
Section 5. $. All bylaws, orders, resolutions and ordinances, or parts
thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
heretofore repealed.
Section 6. Effective Date. This ordinance shall be in full force and effect seven
days after public notice following final passage.
INTRODUCED, APPROVED ON FIRST READING, AND ORDERED
PUBLISHED IN FULL AND POSTED, this 12th day of January, 1999, and a public hearing on this
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ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado
on the 26th day of January, 1999, at 5: 3 0 _.m. in the Municipal Building of the Town of Avon,
Colorado.
TOWN OF AVON, COLORADO
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INTRODUCED, APPROVED ON SECOND READING, AND ORDERED
PUBLISHED AND POSTED this 26th day of January, 1999.
APPROVED AS TO FORM:
Town Attorney
B14
TOWN OF AVON, COLORADO
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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 5:30 P.M. ON THE 26th DAY OF JANUARY
1999, AT THE TOWN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING
THE ADOPTION OF ORDINANCE N0.99 -02 SERIES OF 1999:
AN ORDINANCE AMENDING CHAPTER 3.08 OF THE TOWN CODE CONCERNING THE
TOWN SALES TAXES; RATIFYING ACTION PREVIOUSLY TAKEN AND
APPERTAINING THERETO; AND REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH
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 posted by order of the Town Council of the Town of Avon, Colorado
Dated this 14' day of January, 1999.
TOAi Nof AVON, COLORADO
RW
10s Nash
To Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE. TOWN OF AVON ON
JANUARY 15,1999:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY