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TC Ord. No. 2008-02 Amending Provisions of the Avon Muni Code realting to special districtsTOWN OF AVON, COLORAOD ORDINANCE NO. 08-02 SERIES OF 2008 AN ORDINANCE AMENDING PROVISIONS OF THE AVON MUNICIPAL CODE RELATING TO SPECIAL DISTRICTS WHEREAS, the Town of Avon (the "Town"), is a municipal corporation duly organized and existing as a home rule municipality under Article XX of the Colorado Constitution and laws of the State of Colorado (the "State") and the Town's Home Rule Charter; and WHEREAS, pursuant to Ordinance No. 07-11, the Town Council of the Town (the "Council") added a Chapter 18.01 to the Avon Municipal Code ("Chapter 18.01"), which set forth policies regarding the establishment of special districts formed pursuant to Title 32, Article 1 of the Colorado Revised Statutes; and WHEREAS, Chapter 18.01 does not contain an express maximum mill levy that may be imposed by such districts and does not distinguish between the maximum mill levy that may be imposed upon property to be used for residential purposes and property to be used for non-residential purposes; and WHEREAS, the Council wishes to amend Chapter 18.01 to provide a maximum mill levy for such districts and to distinguish between the maximum mill levy that may be imposed upon property to be used for residential purposes and property to be used for non-residential purposes. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Section 18.01.05(b)(2) of the Avon Municipal Code is hereby amended to provide as follows (2) The mill levy assessed by the District on real or personal property within the District shall be in an amount sufficient to satisfy only debt service and operations of the District. In the case of a District which includes property which is being or is planned to be used for residential purposes, the maximum mill levy shall not exceed fifty (50) mills and in the case of a District which does not include property which is being or is planned to be used for residential purposes, the maximum mill levy shall not exceed fifty (50) mills unless the applicant demonstrates to the satisfaction of the Town Council that a mill levy cap in excess of fifty (50) mills is required. The mill levy cap may be. adjusted by the District to take into account legislative or constitutionally imposed adjustments in assessed values or the method of their calculation, so that to the extent possible, the actual revenues generated by the maximum mill levy are neither diminished nor enhanced as a result of such changes. Among other adjustments, a change in the ratio of actual valuation of assessable property shall be deemed a change in the method of calculating assessed valuation. The mill levy PUBFIN\774640.2 will terminate when the bonds are no longer outstanding with the exception of a mill levy sufficient for operations. The District shall not impose a Debt service mill levy for more than forty (40) years after the year of the initial imposition of such Debt service mill levy unless: (1) a majority of the board of directors of the District imposing the mill levy are residents of such District, and (2) such Board has voted in favor of issuing Debt with a term which requires or contemplates the imposition of a Debt service mill levy for a longer period of time than the limitation contained herein. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 12th day of February '(OWN pF9GO 70 •.2 a~y Ronald C. Wolfe, Mayor coy;.: ATTEST: - P..",5 /9 if Patt Mc envy, own Jerk INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED POSTED the 26th NOFAVO ATTEST: cJ y M Kenny, Town C erk APPROVED AS TO FORM: Jo W. Dunn, Town Attorney ebruary, 2008. Wolfe, Mayor PUBFIN\774640.2 _ 2 _ • MEMORANDUM TO: Town Council FROM: Dee P. Wisor RE: Amending Ordinance Relating to Establishment of Special Districts DATE: January 31, 2008 In Ordinance No. 07-11, adopted last November, the Council added a Chapter 18.01 to the Avon Municipal Code that set forth policies regarding the establishment of special districts formed pursuant to Title 32, Article 1 of the Colorado Revised Statutes. That chapter currently does not contain an express limit on the mill levies of special districts, but instead refers to the maximum mill levy set forth in the Model Service Plan. The proposed Ordinance No. 08-02 would amend Chapter 18.01 to state that any special district that includes residential property may not impose a mill levy greater than 50 mills and that any special district that does not include residential property may not impose a mill levy greater than 50 mills without demonstrating to the satisfaction of the Council • that a greater mill levy is required. Conclusion. Staff recommends that the ordinance be adopted to effect the change discussed above. is 00 1 024000\PUBFIM732747.4 TOWN OF AVON, COLORAOD ORDINANCE NO. 08-02 SERIES OF 2008 AN ORDINANCE AMENDING PROVISIONS OF THE AVON MUNICIPAL CODE RELATING TO SPECIAL DISTRICTS WHEREAS, the Town of Avon (the "Town"), is a municipal corporation duly organized and existing as a home rule municipality under Article XX of the Colorado Constitution and laws of the State of Colorado (the "State") and the Town's Home Rule Charter; and WHEREAS, pursuant to Ordinance No. 07-11, the Town Council of the Town (the "Council") added a Chapter 18.01 to the Avon Municipal Code ("Chapter 18.01"), which set forth policies regarding the establishment of special districts formed pursuant to Title 32, Article 1 of the Colorado Revised Statutes; and WHEREAS, Chapter 18.01 does not contain an express maximum mill levy that may be imposed by such districts and does not distinguish between the maximum mill levy that may be imposed upon property to be used for residential purposes and property to be used for non-residential purposes; and WHEREAS, the Council wishes to amend Chapter 18.01 to provide a maximum mill levy for such districts and to distinguish between the maximum mill levy that may be imposed upon property to be used for residential purposes and property to be used for • non-residential purposes. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Section 18.01.05(b)(2) of the Avon Municipal Code is hereby amended to provide as follows (2) The mill levy assessed by the District on real or personal property within the District shall be in an amount sufficient to satisfy only debt service and operations of the District. In the case of a District which includes property which is being or is planned to be used for residential purposes, the maximum mill levy shall not exceed fifty (50) mills and in the case of a District which does not include property which is being or is planned to be used for residential purposes, the maximum mill levy shall not exceed fifty (50) mills unless the applicant demonstrates to the satisfaction of the Town Council that a mill levy cap in excess of fifty (50) mills is required. The mill levy cap may be adjusted by the District to take into account legislative or constitutionally imposed adjustments in assessed values or the method of their calculation, so that to the extent possible, the actual revenues generated by the maximum mill levy are neither diminished nor enhanced as a result of such changes. Among other adjustments, a change in the ratio of actual valuation of assessable property shall be deemed a change in the method of calculating assessed valuation. The mill levy • PUBFIN\774640.2 will terminate when the bonds are no longer outstanding with the exception of a mill levy ® sufficient for operations. The District shall not impose a Debt service mill levy for more than forty (40) years after the year of the initial imposition of such Debt service mill levy unless: (1) a majority of the board of directors of the District imposing the mill levy are residents of such District, and (2) such Board has voted in favor of issuing Debt with a term which requires or contemplates the imposition of a Debt service mill levy for a longer period of time than the limitation contained herein. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 12th day of February, 2008. ATTEST: Patty McKenny, Town Clerk Ronald C. Wolfe, Mayor • INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED POSTED the 26th day of February, 2008. 0 Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: ® John W. Dunn, Town Attorney PUBFIN\774640.2 -2-