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HomeMy WebLinkAbout1979-47 Readopting Section 18.52.160 (2) Relating a Parking Fund; Requiring the Payment of Funds into the Parking Fund• . ~ ' -' ORDINANCE N0. Series of 1979 AN ORDINANCE READOPTING SECTION 18.52.160 (2) RELATING A PARKING FUND; REQUIRING THE PAYMENT OF FUNDS INTO THE PARKING FUND SETTING FORTH DETAILS RELATING THERETO. WHEREAS, the codification of the 1978 Supplement to the Vail Municipal Code included a codification error, placing Section 18.52.160 (2) under 18.42.160 (B); WHEREAS, the Section should be placed in its proper position. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 18.52.160 of the Vail Municipal Code is amended by the addition of the following: (1) Within any area exempted from onsite parking and/or loading requirements, property owners or applicants shall be required to contribute to the Town of Vail parking fund, hereby established, for the purpose of meet- ing the demand and requirements for vehicle parking. At such time as any property owner. or other applicant proposes to develop or redevelop a parcel of property within an exempt area which would require parking and/ or loading areas, the owner or applicant shall pay to the Town the parking fee here- inafter required prior to the issuance of a building permit for said development or redev- elopment. A. The parking fund herein established shall receive and disburse funds for the pur- pose of conducting parking studies or evalua- tions, construction of parking facilities, the maintenance of parking facilities, the payment of bonds or other indebtedness for parking facilities, and administrative ser- vices relating to parking. B. The parking fee to be paid by any owner or applicant shall be determined by the Town Council provided in no event shall it be less than $1,000 per space, and in addition, that owners or applicants similarly situated shall be treated equally. If any payor's funds are not used by the Town for one of the purposes specified in A above within five years from the date of payment, the unused portion of the funds shall be returned to the payor upon his applica- tion. ,. ~" Ordinance No. ~~ Page 2 C. In accounting for the funds expended from the parking fund, the Finance Department shall use a first in/first out rule. D. If any parking funds have been paid in accordance with this Section and if subsequent thereto a Special or General Improvement Dis- trict is formed and assessments levied for the purpose of paying for parking improvements, the payor shall be credited against the assessment with the amount previously paid. Section 2. The reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occured 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. Section 3. 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 hereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. 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 inhabitiants thereof. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 6th day of November, 1979, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 20th day of November 1979, at 7:30 P.M. in the Municipal Building of the Town. ." . .._ , -~rc~inance No. 47 { _ i r ATTEST: Tov~ff~C'I e"rk ~ i ~ Page 3 ~~) t f ~ ~ G~ -- --~ Mayor " INTRODUCED ON SECOND READING, READ, APPROVED AND ORDERED PUBLISHED BY TITLE ONLY THIS ~~~ DAY OF ~t~i~G~'%ll,Cr-C.~ 1979. ~4 ff~_ ~~r_ ~~ ~ ~^ Mayb~v~`` ~ -'1, ATTEST: ,` / ' Town Clerk ~~ - u r'