HomeMy WebLinkAbout2006-31 Amending Section 2-6-9 of the Vail Town Code Concerning Use of the Real Estate Transfer Tax FundORDINANCE NO. 31
Series of 2006
AN ORDINANCE AMENDING SECTION 2-6-9 OF THE VAIL
TOWN CODE, CONCERNING USE OF THE REAL ESTATE
TRANSFER TAX FUND, AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado,
is a home rule municipal corporation duly organized and existing under laws of the State of
Colorado and the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council (the "Council") of the Town of Vail have
been duly elected and qualified; and
WHEREAS, in an effort to be the premier mountain resort community, the Town has
committed to provide its citizens and guests with "a superior level of environmentally sensitive
services" in addition to "vision, leadership and stewardship in an environmentally responsible
manner;" and
WHEREAS, to achieve the goals stated above and for the environmental sustainability of
the Town, the Council has determined that certain text amendments are necessary to the Vail
Town Code as they relate to the use of the Town of Vail Real Estate Transfer Tax Fund; and
WHEREAS, The Council finds that this ordinance is necessary and proper for the health,
safety and welfare of the Town of Vail and the inhabitants thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. Section 2-6-9 of the Vail Town Code is hereby amended to read as follows:
(additions are shown in bold and underline):
2-6-9: REAL ESTATE TRANSFER TAX FUND:
A. Creation; Purpose: All funds received by the Town pursuant to this Chapter shall be
deposited in the Real Estate Transfer Tax Fund, which Fund is hereby created. The Fund shall
be subject to appropriation for only the following purposes within the Town or within one mile of
the boundaries of the Town. However. it is the express intention of the Town of Vail that in
anv annual budget cycle the Town Council shall ensure that the fund can adeauatelx
Ordinance No. 31, Series of 2006 1
satisfy the purposes set forth in subsections one through four (1-41 below. and that the
purposes described in subsections one through four (1-4) are in fact satisfied. prior to
the Town Council's appropriation of any amount from the fund to be used for the
purposes listed in subsection five (51;
1. Acquiring, improving, maintaining, and repairing real property for parks, recreation, open
space and similar purposes.
2. The construction, maintenance, and repair of buildings which are incidental to park,
recreation, and open space land.
3. Landscaping parks and open space.
4. The construction, maintenance, repair, and landscaping of recreation paths set forth in the
Town of Vail Recreation Trails plan as it may be amended by the Town Council from time to
time.
5. Supnortina sustainable environmental practices as determined necessar~r for the
environmental health and welfare of the Town of Vail. its inhabitants and its environs in
the discretion of the Town Council.
6. Paying incidental costs and principal of and interest on any funds borrowed for the purposes
set forth in this subsection.
B. Building Defined: For the purposes of this Chapter, building shall mean any structure
having a roof supported by columns or walls, or any other enclosed structure for the housing of
persons, animals, or property.
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.
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 of Vail and the inhabitants
thereof.
Section 4. The amendment of any provision of the 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
,,. Ordinance No. 31, Series of 2Q06 2
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 21st day of November, 2006 and a
public hearing for second reading of this Ordinance set for the 5t" day of December, 2006, at
6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
~~~~
Rodney ~. Slifer, M~(yor
ATTN. ,
....,. V 6
•~
,n, Town
yTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING
Are:. ~RDERED 'UBLISHED IN FULL this 2"a day of January, 2007.
~ ~-:~~'~
E~. Slifer, Ma or
A T: E
I~C.f'~
orel~ Donaldson, Town Clerk
Ordinance No. 31, Series of 2006 3
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