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1995-20 Annual Appropriation Ordinance: Adopting a Budget and Financial Plan and Making Appropriations to Pay the Costs, Expenses, and Liabilities of the Town of Vail for 1996
~ ~ ~ OR©INANCE N0.20 SERIES OF 1995 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS 70 PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 1996, THROUGH DECEMBER 31, 1996, AND PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 1995 TAX YEAR AND PAYABLE !N THE 1996 FISCAL YEAR. WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the 1996 fiscal year; and WHEREAS, notice of public hearing on the proposed Town budget and capital program was published on the 27th day of October, 1995, mare than seven (7) days prior to the hearing held on the 7th day of November, 1995, pursuant to Section 9.5 of the Charter; and WHEREAS, i# is necessary for the Town Council to adopt a budget and financial plan far the 1996 fiscal year, to make appropriations for the amounts specifiied in the budget, and to provide #or the levy, assessment and collection of Town ad valorem property taxes due for the 1995 year and payable in the 1996 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the #ollowing annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 1996, and ending on the 31st day of December, 1996: FUND AMOUNT General Fund $14,309,233 Capital Projects Fund 11,733,545 Real Estate Transfer Tax 5,390,353 Parking Structure Fund 1,976,430 Heavy Equipment fund 1,558,363 Police Confiscation Fund 87,306 Debt Service Fund 1,289,440 Health Insurance Fund 1,117,790 Vail Marketing f=und 345,000 Booth Creek Debt Service Fund 34,375 Vail Housing Fund 41,500 Facility Maintenance Fund 1,631,656 Total: $37,514,991 Less lnterfund Transfers: < 6.446.368> Net Budget $31.458.623 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 1996 fiscal year for the Town of Vail, Colorado, which are incorporated by reference Ordinance No. 20, Serias of 1995 . ~ . • herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. 4. Eor the purpose of defraying part of the operating and capita! expenses of the Town of Vail, Cobrado, during its 1996 fiscal year, the Town Council hereby levies a property tax of 4.65 mills upon each dollar of the total assessed valuation of $391,840,540 for the 1995 tax year of all taxable property within the Town, which will result in a gross tax levy of $1,882,057, calculated as follows: Base mill levy 4.69 $7,837,731 Mill levy credit <.13> <5Q,939> Abatement mill levy .09 35.265 Total milk levy 4.65 $1.822.057 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 5. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 6. If any part, section, subsection, sentence, clause or phrase of this ordinance is fvr 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 mare parts, sections, subsections, sentences, clauses or phrases be deckared invalid. 7. The Town Council hereby finds, determines, and declares #hat this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 8. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail 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 proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 9. Alk 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, #heretofore repealed. `~ Ordinance No. 2D, Series of 1995 I t . `~ ' INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this i 7th day of October, 1995. A public hearing shall be held hereon on the 7th day of November, 1995, at the regular meeting of the Town Council of the Town of Vaii, Colorado, in the Municipal Building of the Town. \{\\{4141kS1'~""'';1;'ylrl~~ ~p~~N OF bgi~'s ATTEST: Lori Aker, Deputy Town Clerk ~%, { {{u ~1~ ~ -~ Margaret A. Osterfoss, Ma r READ AND APPROVED ON 5~~~`~D READING AND ORDERED PUBLISHED ~u a ,~la this 7th day of November, 1995. .~ Q. \{{{{4y141111111~'lrf~~•!!, Margar A. Osterfoss, Mayor ATTEST: ~~\\O`~~N a~ f'~9'''', •~~ '< < '. t r ~ ~~~ ~ i Lori Aker, Deputy Town ~le `3 Qrdinance No. 2D, Series of f995 t m Q e Q ~ -~. ~ cD ~. o O ~ O_ Q Q N Q g 0 O ~ ~ ~, -~ ~o Q ~ o_ a `~ ~ ~ o m Q ©O ~ p ~~ g Q O ~~ O . ~ O ~ ~ ~ a. ~ ~ a QQ ~ m o a ~ ~ ~ ~ ~ p N Q cD cD ~ . ~ Q Q Q. ~ 6 rn ~ m ~ ~- o cD x ~. m 'a m n ~ D O --- -~ cD ~; ~ ~ cD p Z3 O ~ Q ' ~ cD ^ ~ c m 3~ -~ m in ~ ~ ~ Q -~ ~ ~ m m m ~ ~' Q ~ ~ ~ ~ ~ ~ Q ~ ~ D ~ O - ~ (D ~ `^ ~ . to rn 6 m Q. 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O ~ O r-=Y-- -~ `.. -- ~~ ~ OYC ego- ip ~~ 5"a `cg5'~ m~; p ~~ YZ~n ~ ~' w ~mv°:N'mo R ,~"m~_OCi o 0'1 ~ rvS ~~p~~~ ~, ~'9' ~o~Fi'ZC ~NC~~ G~~ui~~~p~.m ~+' a-imam... ~ ° O ~ ~ Z m O {~ n O ~ O r D m ~ v v 0 0 0 W 0 m ds°m S.~imv>voo~am p C~~ ~~~ .~ ~ n~o~' g~g~~? ~~'+.m o ~ a~~cyn~ ~myaaa~ C y~~~~~'sw--I~ov~w ~mm CO,~ m~1cl~ij q _~ _ ~$ ~ A E~1 $~w~~ ~~PO~n ~'aa.w~om myy.~~Gp~y~y~,tmnAx~ S.m i'~ti9'~ c~~~_v n~o^oa~m o+Xmr~~z'rz~~Z ~O ~~$ ~ c ~i ~° m~m c w."~. ]1~ rii2~6C7Q~ ~ »' a a w C aa pp Cglg~s ~~ ~'oo _3, p ~ N~a~ X 31 dT m' mK~~ o ~ ~ ~ ~ ~ c m a mm ~mmmm °a~mmo m X ~. ' OF EAGLE ) ALLEN KNOX do solemnly swear that I am the PIJBt.ISHER of TRAIL; that the same is a weekly newspaper printed, in whole or in part and d in the County of Eagle, S#ata of Colorado, and has a general circulation that said newspaper has been published continuously and uninterruptedly in anty of Eagle for a period of more than fifty-two consecutive weeks next prior Irst publication of the annexed legal notice or advertisement; that said per has been admitted to the l~nited States mails as second class matter .a provisions of the Act of March 3,1879, ar any amendments thereof, and that ~spaper Is a weekly newspaper duly qualified for publishing legal notices and ements within the meaning of the laws of the State of Colorado. That the ~ legal notice or advertisement was published in the regular and entire issue number of said weekly newspapers for the period of ~ consecutive Is; and that the first publication of said notice was in Issue of Bald newspaper _ N~Z IU , 19h ~ and that the last publication of said notice ~a Issue of said newspaper dated Nbv~u~z '~ , 19~~ In witness f I have hereunto set my hand this 1 ~~ day of ~~'~~~ , -~~ C~j( / ~rw t L +~( ti~ ~ ! i ascribed and sworn to before me, a notary public in and for the County of tats of Colorado, this ~O~L day of ~~tt'~~~ , 19 `~~ , mil.-., ~~ ~.~ i j ~'~ ~ L~~ ~ ~: ~~ My commission expires o~ February 3 1, 1997. AN ORDMfANCE ANlEND1N0 SECTION 5.04.120 TRANSFER OF LICENSE AND SECTION 5.20.100 EXEINryTIONS; AND SETTING FORTFt DETAILS IN REGARD TkERErO WHEREAS, the Town Council of the Town of Veil bel€eves Ihat It Is the best interest of the community to allow for a transfer of the annual business license fee when a subsequent business operator assumes B business bcatbn and operates a business of the same category, in the same sAace ea a prior business that had a current btrekless license fag; and WHEREAS, the Town Council wishes to Insure that the proceeds of spacial avenle are contributed to and realized by exempt charitable organixatlons. FLOW, THEREFORE, BE IT ORDAINED t3Y THE TowN COUfacIL aF THE rawN.oF vatL, cixoRADD THAr: secnoN 1. Saalon 6.04,120 Translar d tioertw b trsraby emerrdetl to read as bibws: 5.01.120 Tranatar d I.ieansa. 4t s business is sold or transferred to a aflwarrt kl~viawl, oe , orca ... ~ . after the business Ilowtw tea for any Otiwr yaer has t»ert peid..tha newarrttar ahaN pave arle hrxldrod dollar transfer fee. and upon payment d Bald tae. steep not be regtr4rd to abta~t a new Moanw a pay en eddflkorul license tae for tM year Of said transfer. 9ECTrgN 2. 3,.;, 6.20.t00F.,, A. All rotigbus acrd charkabla aryantzallnna shall be exwnpt hone tiw icenta tea end dfa setae tax deport rlgtirad by tllh ChapMr. ht>lwewr, such organlzatbns moat register with the Town Clark prior m any adktmtlon arXtvitlaa. B. My fair. show or axhibt of arts. crags or similar hendiwonr, any Ypon6 event, edueationel, recreatbnel event or cukural ecttvky brat is sponsored by an exemp! organlzatkln ea daflned above may apply to'the Toaal-CouacllTown t<Aanagar for a special events tisanes. Said applicatlan Shall irldude the name and tocel address of the exempt orgentzailon That Is aponsonng the event, proposed duraFlon, .number of exhibitionists or merchants takklg pen h the e+~errt, purpose o) the event, goods or types of goads to be sold, a statement as to whether or not the applicant or its ageMS have aver been canvlcted of any crime or misdemeanor and the nature thereof. 1. A11ha time nt the filing a! the application a !ee of fifty dollars shell be pard to the Town Clerk to cover the cost of investigatkrg the facts stated therein. 2. Taawr:Atgcil Town ~IanaQe- may mnpoae condi[bns an the approval of the epaNal everts license including required eentalfon end Wean up measures, security measures, bond to guarantee peAormanu of any mrWkkan or to secure the Aeyment sales fax dw dra Taws. Upon hswrres of • spsdal awKgs acanaw irtllvrnrl . ~ aired orr the eROSCaecn w~ nOrbe rsgd+sd b aE1aY7 ~ , , SECTION 3. It arty Den. sectbn, u . . , santarwa, clause or phrase d lhta . ~ . .. 4sfor arty rearm held to be ktvalid, such dactsiar arras tlM affect the validity of the rema4nUtg panione of thistxd'xrance; arrd the Tawn Cwmc'A hereby tleUeres h would have ~,o.r •tir~, ,...Irn~nrc nnrt aerh !ra,r snrtt4an, sutisectian, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subseaione, sentences, clauses or phrases be declared invalid. . SECTION 4. Ths Town Council hereby rinds, determines, end declares that this ordinance Is necessary and proper Ear the health, setety, end weNare of rho Towrtol Vei4 and the Inhabitants theraoi. SECTION 5. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided In this ardinanoa shall not effect any tight which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other acllon or proceedings as commenced under ar by virtue of the provision repealed or repealed and reanaMed. The repeal of any provision hereby shall not revive any provision or any ordinance previously repeated ar superseded unless expressly slated herein. SECTION 6. Ail bylaws, orders. resolutions, and ordinances, ar pans thereof, inconsistent herewth are repeated to the extent only of such inconsistency. This repeater shalE not be wnstrued to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. iNTRODUCED,READ ON FIRST READ[NG, APPROVED AND ORDERED PUBLISHED ONCE IN FULL this 17th day of October, 1995. A public hearing shall be held on this Ordinance on the 7th day of November, 1895 ai the regular meeting of the Town Council of the Town of Vail, Colorado, In the Municipal Building o1 the Town. TOWN OF VAIL Margaret A. Ostedoss Mayor ATTEST: ' Lorf Aker Deputy Town Clark READ AND APPROVED ON SECOND READING AND ORDERED PU9LISHED ONCE IN FULL this 71h day of November, 1995. TOWN OF VAIL Margaret A. Osterfass Mayor ATTEST: I..od Aker Deputy Tawn Clerk Published in The Vail Trail on Navembar 14, 1995 .~.,, OF EAGLE ) LLEN KNOX do solemnly swear that i am the PUBLISHER of TRA1L; that the same is a weekly newspaper printed, in whole or In part and ~ in the County of Eagle, State of Colorado, and has a general circulation hat said newspaper has been published continuously and uninterruptedly in my of Eagle for a period of more than ffty-two consecutive weeks next prior rst publication of the annexed legal notice or advertisement; that said per has been admitted to the United States mails as second class matter ~ provisions of the Act of March 3,1879, or any amendments thereof, and that +spaper is a weekly newspaper duly qualified #or publishing legal notices and 3ments within the meaning of the laws of the State of Colorado. That the i legs! notice or advertisement was published in the regular and entire issue number of said weekly newspapers for the period of ~ consecutive ~; and that the first publication of said notice was in issue of said newspaper ~~~ ~~ , 19~ and that the last publication of said notice .e issue of said newspaper dated ~'~~ S7 19 `~ , In witness have hereunto set my hand this t~~ day of ~N~+/~C~~r- , ~~~ d ~~ ~~ _ _`, ascribed and sworn to before me, a notary public in ,~ r the County of tats of Colorado, this t~~` day of i`f °``~~~=~- , 19~s . My commition expireson ;=ebruary 1 1, 1997. AND SECTION 5.20.108 EXEMP'riDNS; A SET"F1NG FORTH DkTATW^ tN Ri;GARD THERETO WHEREAS, the Tawn Council 01 the To Veit believes that it le the bast interest a Community to allow for a transfer of the al business license tea when a subsequen! bus operator assumes a business location and npe a business of the same Category, in the a space as a prior business Thai had a cu business license fee; and WHEREAS, ft fs equitable to allow I quarterly proretlon of the annual business Ile tea for new businesses applying ini thetr i license: arW WHEREAS, this proration shall apply 1 applications for new licensee for new buslne ,. .~ an or after October 1,1995; and WHEREAS, the Town Counci[ wishs insure that the proceeds of special events contributed to and realized by exempt CharN organizations. NOW, THEREFORE, BE IT ORDAINS[ THE TOWN COUNCfL OF THE TOWN PAIL, COLORADO THAT: SECTION 1. Section 5.04.128 Transfer of License is hs amended to reed es follows: 5.04.120 Transfer of License. A. If a businoss is sold or trensferred different individual, partnership or corporetion the business Incense fee for any given year boon paid, the new owner shall pay a one hung dollar trensier tee, and upon payment of said shall not be requited to obtakr a new license or an additional license tee for (ha year of transfer. B. ff a business opens after September 1st of any calendar year, and accuplsa & span location where the business license fee has 6 paid for the current year by a prier business o1 same category as sat forth in Section S.O4.t the new business can transfer the business lice lot a one hundred daltar transfer fee for remainder of the current year. The trensier of busktass license tae creates no right to a refunt the prior tlug'elegs. C. if a business opens during the Galan year the business license fee, as set ions Sacttpn 5.04.440, wilt be pro-ra[ed on a quart basis. If a business opens on or between Jant 1st and March 31st of the calendar year 1009 the Tee will be due, if a business opens or between April 1st and June 30th at the Galen year 7596 of the tea will be due, tt a twsktess op on rsr , : ,~ ~ a ,:.July 1st and Se,~~~,.+L ~r 30th of calendar year 58% of the fee will ba due, buglness apeng on or after October 1st of calendar year 25%0} the lea will be due.l7re f ration does not apply to seaeonet businesses 1 ha+re had a twsirtess iicenrs in fire prior years. D. Under na circumstance wIA fire bttsln+ license fee be reduced to an amount less Il s100.oo because orpnrraibrt. SEC'T'ION 2. The amendments to Section 5.04.120 shall effective ee 01 October 1, 1985. SECTION 3. Section $28.tOQ Exemptions. 4 All rRS{yin,M gnrl .5.~-1M1..f~.` ~: tl.~.. ~? ,i. shall be exempt from the tisanes fee acrd the sa tax deposh required by this Chapter, however, st organizations must register with the Town C6 prior to any sdicflallon actNitles. B. Any fair, show or exhibit o1 ens, crafts simtler handiwork, any sports event, educetbr recreational event or cultural activity that sptxlsored by an exempt arganizatlon as defln above may apply to the Tawn Maneper tot specie! events license. Said application ghaU indr the name and Iccal address of Eha axel a.,,....:..~:ion that is s,,,,,,,,,. erg the event, grope duratlan, number of exhib€tlonists or merrdte taking part in the event, purpose Of the ev+ goads or types of goads to be sold, a statemen to whether or not the applicant or Its agents h ever been convicted oI any crime or misriemec end the nature thereof. 1. At the time of the filing of the appSica[it fee o! fifty dollars steal! be paid to Iha Town C to cover the cast of investigating Ehe facts ste therein. 2.1,:17own Manager may impose oandtti an the approval of the special events Ilse including required San'rtefion and c;ean up merit security measures, band to guarantee penorme of emy condition ar to secure the payment sale! duct the Town. Upon issuance of a special events Ifcel individual vendors listed on the apptica[lon will nr required to obtain transient vendors licenses. SECTION 4. If any part, section, subsection, sense clause or phre~ at [his ordinance is far any rer held to Ire Invalid. such decision shall not aHec validity of the remaining portions at this ordlna and the Town Council heretry declares it would! passed this ordlnertce, and each part, sec subsection, sentence, clause or phrase the regardless of the fact that anyone or mare p sectlans, subsections, sentences, clause phrases be declared inval~. SECTION 5. The Tawn Council hereby imds, determ and declares that This ordinance is necessary proper for the health, safety. and welfare o Tavm ai Vei! and the inhabitants thareoi. SECTION 8. The repeal ar the repeal and reenactme any provision of the Mun~lpal Code ct the Tot Veil as provided in this ordinance shall not t any right which has accrued, any tluty impr any violellon that occurred prior to the eHe date hereof, any prosecution commenced, nc other action or proceedings as commenced I or by virtue a! the provision repealed or rep and reenacted. The repeal of any provision h shell not rev'rva any provision or any ardir previously repealed or superseded unless exp stated herein. SECTION 7. Atl bylaws, elders, resalutfons, and ordtne or pans thereof, Inconsistent herewith are reF !o Iha extent only of such Inconsistency repealer Shell not be construed to revise any I order, resalutlon, or ordinance, or part ih 9teretoiore repealed. INTRODUCED, READ ON F READING, APPROVED AND ORDI PUBLISHED ONCE IN FULL This 17th r (>Ctotoer, 1995. A public hearing shell be h this Ordinance an the 7th day of November at the regular meeting of the fawn Council