Loading...
986 Firelight Annexation Improvement Reimbursement Agmt 12-09-2020ORDINANCE NO. 986 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, OF THE TOWN OF FIRESTONE, COLORADO, REPEALING IN ITS ENTIRETY SECTION 3.08.190 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE FIRELIGHT ANNEXATION IMPROVEMENTS REIMBURSEMENT AGREEMENT WHEREAS, on September 24, 2009, the Board of Trustees ("Board") of the Town of Firestone, ("Town") by Ordinance No. 723, enacted Section 3.08.190, "Tax Credit on Firelight Park Annexation," of the Firestone Municipal Code to implement the provisions of the Improvements Reimbursement Agreement (Firelight Park Annexation) between the Town and Fairview Estates, LLC ("Developer") which was approved by Ordinance 720, adopted by the Board on July 23, 2009;and WHEREAS, upon finding the Improvements Reimbursement Agreement for Firelight Park Annexation ("IRA") automatically terminated and, thus, declaring the IRA null and void, the Board by Ordinance 985, adopted on December 9, 2020 repealed Ordinance 720, further signifying the IRA is no longer deemed to be in effect; and WHEREAS, because the IRA is void and of no further effect, the Board finds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 Firelight Park Annexation, as codified in Section 3.08.190; and WHEREAS, the Board therefore desires to repeal in its entirety Section 3.08.190, "Tax Credit on Firelight Park Annexation," of the Firestone Municipal Code, which was to implement the now­ terminated IRA. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 3.08.190, Tax Credit on Firelight Park Annexation, of the Firestone Municipal Code is hereby repealed in its entirety. Section 2. If any atiicle, 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 patis 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. 1