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Home My WebLink About2024-20PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 20, Series of 2024, First Reading, on the Town of Vail's web site, www.vail.qov on The 20t" day of November 2024. Witness my hand and seal this 20t" day of November 2024. Stephanie Kauffman Town Clerk ORDINANCE NO. 20 SERIES OF 2024 AN ORDINANCE AMENDING SECTION 2-8-13 OF THE VAIL TOWN CODE CONCERNING USE TAX REFUNDS NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Section 2-8-13 of the Vail Town Code is hereby amended as follows: § 2-8-13. REFUNDS. (A) A refund shall be made, or a credit allowed, for use tax paid under dispute by any person who is entitled to claim an exemption under § 2-8-5 of this Chapter; if a request for refund is made within 6090 days after issuance of the building permit for which the use tax was paid under dispute. (B) A refund shall be made, or a credit allowed, for any use tax paid under this Chapter for construction and building materials used or consumed in the construction of any deed restricted employee housing units, as defined by Title 12 of this Code, which deed restriction additionally includes a perpetual appreciation cap on either maximum rental rate or sales prices, as approved by the Town. No request for refund or credit shall be processed by the Town until the applicable deed restriction has been recorded. A request for a refund or credit for deed restricted employee housing units shall be submitted within 6090 days of issuance of the last certificate of occupancy for such deed restricted employee housing units. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 1111512024 C:IUSERSIEASYPD-11APPDATAILOCALITEMPIBCL TECHNOLOGIESIEASYPDF 81@BCL@840B036B1 @BCL@840B036B. DOCX Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are 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, theretofore repealed. INTRODUCED, READ ON PUBLISHED ONCE IN FULL ON and a public hearing for second December, 2024, in the Council Colorado. ATTEST: Stephanie Kauffman, Town Clerk FIRST READING, APPROVED, AND ORDERED FIRST READING this 19th day of November, 2024 reading of this Ordinance set for the 3rd day of Chambers of the Vail Municipal Building, Vail, Travis Coggin, Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of December, 2024. Travis Coggin, Mayor ATTEST: Stephanie Kauffman, Town Clerk 2 1111512024 C:IUSERSIEASYPD-11APPDATAILOCALITEMPIBCL TECHNOLOGIESIEASYPDF 81@BCL@840B036B1 @BCL@840B036B. DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.20, Series of 2024, Second Reading, on the Town of Vail's web site, www.vail.gov, on The 4t" day of December 2024. Witness my hand and seal this 41" day of December 2024. SAVX�l 601n� Stephanie Kauffman Town Clerk ORDINANCE NO. 20 Series of 2024 AN ORDINANCE AMENDING SECTION 2-8-13 OF THE VAIL TOWN CODE CONCERNING USE TAX REFUNDS NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Section 2-8-13 of the Vail Town Code is hereby amended as follows: § 2-8-13. REFUNDS. (A) A refund shall be made, or a credit allowed, for use tax paid under dispute by any person who is entitled to claim an exemption under § 2-8-5 of this Chapter; if a request for refund is made within 6890 days after issuance of the building permit for which the use tax was paid under dispute. (B) A refund shall be made, or a credit allowed, for any use tax paid under this Chapter for construction and building materials used or consumed in the construction of any deed restricted employee housing units, as defined by Title 12 of this Code, which deed restriction additionally includes a perpetual appreciation cap on either maximum rental rate or sales prices, as approved by the Town. No request for refund or credit shall be processed by the Town until the applicable deed restriction has been recorded. A request for a refund or credit for deed restricted employee housing units shall be submitted within 6690 days of issuance of the last certificate of occupancy for such deed restricted employee housing units. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision 121412024 IIFILESERVER20191REDIRECTED$ISJOHNSONIDOWNLOADSIUSE TAX REFUND-0102124 (1).DOCX amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19t" day of November, 2024 and a public hearing for second reading of this Ordinance set for the 3rd day of December, 2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Travis Coggin, Mayor ATTEST: Stephanie Kauffman, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of December, 2024. Travis Coggin, Mayor ATTEST: Stephanie Kauffman, Town Clerk 2 12/4/2024 IIFILESERVER20191REDIRECTED$ISJOHNSONIDOWNLOADSIUSE TAX REFUND-0102124 (1).DOCX