Loading...
Town Council Ordinance 06 2010TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE No. 6 SERIES OF 2010 AN ORDINANCE RE-ESTABLISHING THE PROCEDURES TO ASSESS AND COLLECT THE LIMITED EXCISE TAX ON IMPROVEMENTS IN EXCESS OF THE MAXIMUM ALLOWABLE FLOOR AREA FOR A LOT AS APPROVED BY THE ELECTORS OF THE TOWN OF SNOWMASS VILLAGE ON NOVEMBER 2, 1999, AND EXTENDED IN PERPETUITY BY THE ELECTORS OF THE TOWN OF SNOWMASS VILLAGE ON NOVEMBER 4, 2008 IMPLEMENTING THE SAME BY AMENDMENT TO CHAPTER 4 OF THE SNOWMASS VILLAGE MUNICIPAL CODE. WHEREAS, the Town Council proposed the establishment of a limited excise tax for consideration by the electors of the Town, in accordance with the provisions of Section 11.1 Authority to Levy Taxes of the Home Rule Charter, by Resolution No. 34, Series of 1999; and WHEREAS, the limited excise tax was considered by the electorate at the November 2, 1999 municipal election as required by the Home Rule Charter, and as a financial question within the meaning of Article X, Section 20 of the Colorado Constitution; and WHEREAS, the electors of the Town approved the financial question at the municipal election occurring on November 2, 1999, as follows: SHALL TOWN OF SNOWMASS VILLAGE TAXES BE INCREASED BY $500,000.00, ESTIMATED FIRST FULL FISCAL YEAR COLLECTION, OR SUCH OTHER AMOUNT THAT SHALL BE RECEIVED ANNUALLY, BY THE ENACTMENT OF A LIMITED EXCISE TAX TO BE ASSESSED ONLY IF THE OWNER OF A LOT DECIDES TO CONSTRUCT, REMODEL, OR EXPAND IMPROVEMENTS IN EXCESS OF THE MAXIMUM ALLOWABLE FLOOR AREA FOR A LOT, OTHER THAN BY VARIANCE, IN DETACHED SINGLE FAMILY RESIDENTIAL AREAS ONLY, PROVIDED THAT ANY SUCH CONSTRUCTION, REMODELING OR EXPANSION THAT IS SUBJECT TO THE EXCISE TAX MAY NOT EXCEED 550 SQUARE FEET OR 10% OF THE MAXIMUM ALLOWABLE FLOOR AREA FOR THE LOT, WHICHEVER IS LESS, AT A SQUARE FOOTAGE EXCISE TAX RATE EQUAL TO THE FAIR MARKET VALUE OF THE IMPROVEMENTS ON THE LOT CALCULATED TO THE SQUARE FOOT, NOT INCLUDING LAND, AS SET FORTH IN THE RECORDS OF THE PITKIN COUNTY ASSESSOR, AND UPON TERMS AND CONDITIONS ENACTED BY THE TOWN COUNCIL FROM TIME TO TIME; AND SUCH EXCISE TAX TO EXPIRE 10 YEARS AFTER ENACTMENT OR SUCH EARLIER DATE AS DETERMINED BY THE 10-06 ORD Page 2 of 4 TOWN COUNCIL; AND REVENUES FROM SUCH EXCISE TAX TO BE RESTRICTED FOR THE ACQUISITION, CONSTRUCTION, REHABILITATION OF AFFORDABLE EMPLOYEE HOUSING, INCLUDING LAND, NOW OWNED OR HEREAFTER ACQUIRED BY THE TOWN AND ANY SUCH AFFORDABLE EMPLOYEE HOUSING SO ACQUIRED, CONSTRUCTED OR REHABILITATED MAY BE SOLD TO QUALIFIED PURCHASERS AS DETERMINED BY THE TOWN COUNCIL; AND SUCH EXCISE TAX REVENUES TO BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER - APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? ME WHEREAS, the Town Council established the procedures to assess and collect the Limited Excise Tax by adoption of Ordinance No. 2, Series of 2000, which Ordinance provided, inter glia, that the Limited Excise Tax would expire on March 22, 2010; and WHEREAS, the Town Council proposed the extension in perpetuity of the Limited Excise Tax for consideration by the electors of the Town, in accordance with the provisions of Section 11.1 Authority to Levy Taxes of the Home Rule Charter, by Resolution No. 23, Series of 2008; and WHEREAS, the limited excise tax was considered by the electorate at the November 4, 2008 municipal election as required by the Home Rule Charter, and as a financial question within the meaning of Article X, Section 20 of the Colorado Constitution; and WHEREAS, the electors of the Town approved the financial question at the municipal election occurring on November 4, 2008, as follows: SHALL THE LIMITED EXCISE TAX APPROVED BY THE VOTERS OF THE TOWN OF SNOWMASS VILLAGE ON NOVEMBER 2, 1999, AND ENACTED BY THE SNOWMASS VILLAGE TOWN COUNCIL ON MARCH 6, 2000 BY ORDINANCE NO. 2, SERIES OF 2000 BE EXTENDED IN PERPETUITY, THE USE OF THE REVENUES DERIVED THEREFROM TO CONTINUE TO BE RESTRICTED FOR THE ACQUISITION, CONSTRUCTION, REHABILITATION OF AFFORDABLE EMPLOYEE HOUSING, INCLUDING LAND, NOW OWNED OR HEREAFTER ACQUIRED BY THE TOWN AND ANY SUCH AFFORDABLE EMPLOYEE HOUSING SO ACQUIRED, CONSTRUCTED OR REHABILITATED MAY BE SOLD TO QUALIFIED PURCHASERS AS DETERMINED BY THE TOWN COUNCIL, SUCH EXCISE TAX REVENUES TO CONTINUE TO BE COLLECTED AND SPENT 10-06 ORD Page 3 of 4 WITHOUT LIMITATION OR CONDITION AS A VOTER -APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? and WHEREAS, the Town Council received and considered comment regarding the procedures from the public at the public hearing, and comment and recommendations from the Town Staff in 1999 and 2000 while considering Ordinance 2, Series of 2000 and there are no changes in such procedures proposed herein; and WHEREAS, the Town Council finds that the adoption of this Ordinance is necessary for the immediate preservation of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village, as follows: 1. The Limited Excise Tax approved by the voters of the Town of Snowmass Village on November 2, 1999, and enacted by the Snowmass Village Town Council on March 6, 2000 by Ordinance No. 2, Series of 2000, is hereby extended in perpetuity, as approved by the electors of the Town of Snowmass Village on November 4, 2008. 2. The procedures to assess and collect the limited excise tax on improvements in excess of the maximum allowable floor area for a lot established by Ordinance No. 2, Series of 2000 are hereby re-established in perpetuity. 3. The use and allocation of such revenues derived from the Limited Excise Tax shall continue to be restricted for the acquisition, construction, rehabilitation of affordable employee housing, including land, now owned or hereafter acquired by the Town and any such affordable employee housing so acquired, constructed or rehabilitated may be sold to qualified purchasers as determined by the Town Council, such excise tax revenues to continue to be collected and spent without limitation or condition as approved by the electors of the Town of Snowmass Village. 4. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are severable. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on First Reading on February 22, 2010 upon a motion by Council 10-06 ORD Page 4 of 4 Member Wilkinson, the second of Council Member Mordkin, and upon a vote of five (5) in favor and none (0) against. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on Second Reading on March 1, 2010 upon a motion by Council Member Butler, the second of Council Member Lewis, and upon a vote of (5) in favor and none (0) against. TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor ATTEST: d`z�& Rhonda B. Coxon, CMC Town Clerk APPROVED AS TO FORM: John'U.. Dresser, Jr., Town Attorney