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HomeMy WebLinkAbout992 Repealing Entirety Section 3.08.210 Union Annex Public Improvements Reimbursement Agreement 03-10-2021ORDINANCE NO. 992 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, REPEALING IN ITS ENTIRETY SECTION 3.08.210 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE UNION ANNEXATION PUBLIC IMPROVEMENTS REIMBURSEMENT AGREEMENT WHEREAS, on July 23, 2009, the Board of Trustees ("Board") of the Town of Firestone, ("Town") by Ordinance No. 719, enacted Section 3.08.210, "Tax Credit on Union Annexation," of the Firestone Municipal Code to implement the provisions of the Public Improvements Reimbursement Agreement (Union Annexation) between the Town and LifeBridge Christian Church ("Developer") which was approved by Ordinance 713, adopted by the Board on May 14, 2009; and WHEREAS, upon finding the Public Improvements Reimbursement Agreement for Union Annexation ("PIRA") automatically terminated and, thus, declaring the IRA null and void, the Board by Ordinance 991, adopted on March 10, 2021 repealed Ordinance 713, further signifying the PIRA is no longer deemed to be in effect; and WHEREAS, because the PIRA is void and of no further effect, the Board finds and determines the Town has no further obligation to extend or continue the Sales/Use Tax Credit provisions for Union Annexation, as codified in Section 3.08.210; and WHEREAS, the Board therefore desires to repeal in its entirety Section 3.08.100, "Tax Credit on Union Annexation," of the Firestone Municipal Code, which was to implement the now- teiminated PIRA. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 3.08.210, Tax Credit on Union Annexation, of the Firestone Municipal Code is hereby repealed in its entirety. Section 2. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. Violations of this ordinance shall be punishable in accordance with Section 1.16.010 of the Firestone Municipal Code of the Town of Firestone. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN 1 FULL thislb!h day of , 20210 ATTEST: J William T . Hayashi, T Attorney 10F IRESTO J! Sinde ar, Mayor COLORADO 2