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HomeMy WebLinkAbout2025-20 Proof of Publication 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 2025, First Reading, on the Town of Vail’s web site, www.vail.gov, on the 8th day of October, 2025. Witness my hand and seal this 8th day of October 2025. Stephanie Kauffman Town Clerk 10/2/2025 C:\USERS\ABENGTSON\ONEDRIVE - TOWN OF VAIL\BENGTSON, ANNA\PROGRAMS\EHU POLICIES + PROGRAMS\EHU EXCHANGE CODE AMENDMENT\EXHIBIT C - DRAFT EHU EXCHANGE ORDINANCE.DOCX ORDINANCE NO. 20 SERIES 2025 AN ORDINANCE AMENDING SECTION 12-13-5 OF THE VAIL TOWN CODE REGARDING THE EMPLOYEE HOUSING UNIT EXCHANGE PROGRAM WHEREAS, the Town desires to allow for flexibility in the exchange of current employee housing units to incentivize the immediate acquisition of better-utilized employee housing units in the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-13-5(D)(5) of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: § 12-13-5 EMPLOYEE HOUSING UNIT DEED RESTRICTION EXCHANGE PROGRAM. * * * (5)Fee in lieu. (a)The Town Council may accept a fee in lieu for an exchange EHU upon a finding that the exchange EHU is being underutilized and the fee in lieu will allow the Town to acquire additional EHUs that better fulfill the Town's employee housing goals. (b)The fee in lieu amount shall be based on a market evaluation prepared by the applicant that analyzes the value of the exchange EHU and the costs to acquire additional EHUs that better fulfill the Town's employee housing goals. (c)All fees in lieu shall be due and payable within seven (7) days of Town Council's approval, and the proceeds of all fees in lieu shall be used by the Town for employee housing. 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. 2 10/2/2025 C:\USERS\ABENGTSON\ONEDRIVE - TOWN OF VAIL\BENGTSON, ANNA\PROGRAMS\EHU POLICIES + PROGRAMS\EHU EXCHANGE CODE AMENDMENT\EXHIBIT C - DRAFT EHU EXCHANGE ORDINANCE.DOCX 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. 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 7th day of October, 2025 and a public hearing for second reading of this Ordinance set for the 21st day of October, 2025, 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 21st day of October, 2025. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk 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 2025, Second Reading, on the Town of Vail’s web site, www.vail.gov, on the 22nd day of October, 2025. Witness my hand and seal this 22nd day of October 2025. Stephanie Kauffman Town Clerk 10/30/2025 \\FILESERVER2019\REDIRECTED$\SKAUFFMAN\DESKTOP\TC EDITS EHU EXCHANGE ORDINANCE.DOCX ORDINANCE NO. 20 SERIES 2025 AN ORDINANCE AMENDING SECTION 12-13-5 OF THE VAIL TOWN CODE REGARDING THE EMPLOYEE HOUSING UNIT EXCHANGE PROGRAM WHEREAS, the Town desires to allow for flexibility in the exchange of current employee housing units to incentivize the immediate acquisition of better-utilized employee housing units in the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-13-5(D)(5) of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: § 12-13-5 EMPLOYEE HOUSING UNIT DEED RESTRICTION EXCHANGE PROGRAM. * * * (5)Fee in lieu. (a)The Town Council may accept a fee in lieu for an exchange EHU upon a finding that the exchange EHU achieves Town's employee housing goals and objectives.The Town Council may accept a fee in lieu for an exchange EHU upon a finding that the exchange EHU is being underutilized and the fee in lieu will allow the Town to acquire additional EHUs that better fulfill the Town's employee housing goals. (b) The fee in lieu amount shall be based on a market evaluation prepared by the applicant that analyzes the value of the exchange EHU and the costs to acquire additional EHUs that better help fulfill the Town's employee housing goals. (c) All fees in lieu shall be due and payable seven (7) days prior to the execution of the release of a deed restriction as approved by Town Councilwithin seven (7) days of Town Council's approval, and the proceeds of all fees in lieu shall be used by the Town for employee housing. 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. 2 10/30/2025 \\FILESERVER2019\REDIRECTED$\SKAUFFMAN\DESKTOP\TC EDITS EHU EXCHANGE ORDINANCE.DOCX 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. 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 7th day of October, 2025 and a public hearing for second reading of this Ordinance set for the 21st day of October 2025, 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 21st day of October, 2025. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk