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HomeMy WebLinkAbout1979-45 Amending the Recreational Amenities Tax and Fund of the Vail Municipal Code, to Allow Rebates for Properties Being Taxed at a Higher Rate than Their Actual Use ,_- ,z • 1 ORDINANCE N0. 45 Series of 1979 AN ORDINANCE AN~IDING THE RECREATIONAL AMENITIES TAX AND FUND OF THE VAIL MUNICIPAL CODE, TO ALLOW REBATES FOR PRur~rcT'IES BEING TAXED AT A HIGHER RATE THAN THEIR ACTUAL USE; AND ~r;l•t•ING FORTH DETAILS RELATING ~rnr;xrrly; VJhrx~:AS, presently there is a Recreational Amenities Tax placed on All New Devel~~«~t based on a Rate Established by Zone Districts; Wf~REA.S, there are certain properties within the Town of Vail which are being required to pay a higher rate than is paid by other properties of a similar use; and Whr;xr:A.S, the Town Council is of the opinion that properties should pay the rate based on its use, if the use is different from what is generally found in that Zone District; NOW, THEREFORE, BE 1TI' ORDAINED BY THE TOVN COUNCII, OF THE TOWN QF VAIL, COLORADO THAT: Section 1. The Vail Municipal Code is amended by the addition of a new section, Section 3.36.045 which reads as follows: 3.36.045 TAX-RATE OF ASSESSMENT-EXCEPTIONS. (A) When the actual Use of a property differs from the normal use of properties in that Zone District, the Rate of Asses~.~~,~t, can become the rate of that Zone District most similar to the actual use of the property. Such a rebate must be requested by the property owner on a form provided by the Zoning Administrator prior to the pay.~~.t and issuance of the Building Permit. The request may be arN~oved by the Zoning Administrator subject to appeal by the Town Council at their next regularly scheduled meeting. All previously paid building permits which fall under the conditions of this ordinance and which were protested at the time of pay~~~~t, shall be al~_owed to apply for this rate exception. 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 affect 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. -Ordinance. 45 , Page 2 Section 3. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. INTRODix;ru, READ ON FIRST READING, APPROVID AND ORDr:Kr;i ~ PUBLISHED ONCE IN FULL THIS ~~t~ day of /L.~r. 1979, and a public hearing on this ordinance shall be held at the regular m//e..,,eting of the Town Council of the Town of Vail, Colorado, on the .,~~' flay of ~~ , 1979. ATTEST: ~~ . ~ ~~ ~ - Cle~k~ `~ ,~ '~~ ~ ~~ ~~ ' yam'' ~ f_/~~. C~ Mayor ~' i ~ INTRODUCED ON SECOND READING, READ, APPROVED AND ORDERED PUBLISHED BY TITLE ONLY THIS t ~~ DAY OF ,~ . ,~-Lr.~: ~„` ~~'~ 1979. . _) / ~/ ~~~~ • ~-. it _~r / t ' ATTEST: Town C erk ' ~`