TC Ord. No. 2004-08 Amending chapter 3.12 Title 3 muni code of the TOA to provide a procedure for the refund of real estate transfer taxes paid in errorTOWN OF AVON, COLORADO
ORDINANCE NO. 04-08
AN ORDINANCE AMENDING CHAPTER 3.12, TITLE 3,
MUNICIPAL CODE OF THE TOWN OF AVON, TO
PROVIDE A PROCEDURE FOR THE REFUND OF REAL
ESTATE TRANSFER TAXES PAID IN ERROR.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON,COLORADO:
Section 1. Amendment. Chapter 3.12 of Title 2, Avon Municipal Code, is
amended by the addition of a Section 3.12.140 as follows:
3.12.140 Refund of tax paid in error.
If the full amount of the tax is paid in error in connection with a transfer as to which the
first one hundred sixty thousand dollars ($160,000) of the consideration paid is exempt, the
transferee may apply to the Town Manager for a refund of the tax paid in error, without interest.
Any such application for refund must be filed within one year after the day of recording of the
deed causing the transfer. A failure of the Town Manager to act upon the application within ten
(10) business days after receipt of the application shall be conclusively deemed to constitute
approval of such application. Any person whose application is denied may appeal to the Town
Council in accordance with Section 1.12.070(b) of this Chapter.
Section 2. Applicability. This ordinance shall apply to transfers occurring after
January 1, 2004.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 22nd day of June, 2004, and a public hearing on this ordinance shall be
held at the regular meeting of the Town Council on the 13th day of July, 2004, at 5:30 P.M. in
the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado.
(3uaL Albert D. Reynolds, MaATT
Patty'McKAnny, Town
F)EjAL
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the 13th day of July, 2004.
0')L-L"~L M4'-q&
Albert D. Reynolds, Mayo
ATTEST:
Q rqC
Pa M envy, T wn Clerk
APPROVED AS TO FORM:
1& 4-,
Jo W. Dunn, Town Attorney
Ordinance No. 04-08 Transfer Tax Refund
Page 2 of 2
STATE OF COLORADO)
COUNTY OF EAGLE ) SS
TOWN OF AVON 1
NOTICE IS HEREBY GIVEN THAT THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO ADOPTED ON THE 13TH DAY OF JULY 2004 THE
FOLLOWING ORDINANCE:
Town of Avon Ordinance No. 04-08, Series of 2004, An Ordinance
amending Chapter 3.12, Title 3, Municipal Code of the Town of
Avon, to Provide a Procedure for the Refund of Real Estate
Transfer Tax Paid in Error
A copy of said Ordinance is attached hereto, and are also on file at the office
of the Town Clerk, and may be inspected during regular business hours,
Monday through Friday, 8 AM - 5 PM.
This notice is given and posted by order of the Town Council of the Town of
Avon, Colorado
TOWN OF AVON, COLORADO
BY: Patty McKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON ON
JULY 16, 2004
✓ AVON MUNICIPAL BUILDING, MAIN LOBBY
✓ ALPINE BANK, MAIN LOBBY
✓ AVON RECREATION CENTER, MAIN LOBBY
✓ CITY MARKET, MAIN LOBBY
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 JULY
13, 2004, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE
PURPOSE OF CONSIDERING THE ADOPTION OF THE FOLLOWING
ORDINANCE:
Town of Avon Ordinance No. 04-08, Series of 2004, An Ordinance
amending Chapter 3.12, Title 3, Municipal Code of the Town of
Avon, to Provide a Procedure for the Refund of Real Estate
Transfer Tax Paid in Error
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, Monday
through Friday, 8 AM - 5 PM.
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
TOWN OF AVON, COLORADO '
BY: Patty McKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON ON JUNE 25, 2004.
✓ AVON MUNICIPAL BUILDING, MAIN LOBBY
✓ ALPINE BANK, MAIN LOBBY
✓ AVON RECREATION CENTER, MAIN LOBBY
✓ CITY MARKET, MAIN LOBBY
MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: REAL ESTATE TRANSFER TAX REFUNDS
DATE: June 15, 2004
As directed by council at your last meeting, an amendment to the real estate transfer
tax has been prepared for consideration by you. The amendment will authorize refunds of portions
of the transfer tax paid in error because the purchaser was unaware of the principal residence
exemption from the tax.
-Generally, the procedure for applying for the refund is the same as the procedure for
applying for the exemption. The Town Manager is required to act on the application within ten
days. If the application is denied, the applicant can appeal.the decision to the Town Council.
Staff is recommending, and there is included in the ordinance, a time limit of one
year for application for the refund. Staff is concerned that having no time limit could expose the
Town to an unlimited liability. Although the liability likely would not be a large one, it would raise
questions with respects to the Town's budget and the audit. One year seems to be an appropriate
time limit. Also, making the ordinance effective January 1, 2004, limits budgetary considerations
to the present budget year.
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