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
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