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HomeMy Public PortalAbout5e Ordinance 447 Availability of Service Fee TOWN OF FRASER ORDINANCE NO. 447 Series 2017 AN ORDINANCE AMENDING CHAPTER 13 ARTICLE 2 OF THE FRASER CODE. WHEREAS; Ordinance 436 effected amendments to the Plant Investment Fee Schedule and included a new “Availability of Service Fee,” and WHEREAS, staff has determined that implementing the fee presents inequities given the variety of zoning categories, lot sizes and types, and access to infrastructure, and WHEREAS, the Town Board finds that implementation of the fee at this time is not in the best interests of the community. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART 1: ADOPTION OF AMENDMENTS TO TOWN CODE. Section 13-2-250(7) Vacant platted residential lots shall be assessed an availability of service fee which shall be five percent (5%) of the base service fee IS HEREBY REPEALED. PART 2: PENALTY CLAUSES. The following section of the Code of the Town of Fraser, Colorado, contains penalty clauses applicable to violations of this Ordinance, and such section is herewith set forth in full and hereby enacted: Sec. 1-4-10. General penalty for violation. It shall be unlawful for any person to violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code; and where no specific penalty is provided therefor, the violation of any provision of this Code shall be punished by a fine not exceeding two thousand six hundred fifty dollars ($2,650.00), by imprisonment for a term not exceeding one (1) year, or by both such fine and imprisonment. Each day such violation continues shall be considered a separate offense. PART 3: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any pers on for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. - 2 - PART 4: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 5: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage , adoption and publication thereof as provided by law. This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS _____ DAY OF _________, 2017 Votes in favor: ___ BOARD OF TRUSTEES OF THE Votes opposed: ___ TOWN OF FRASER, COLORADO Votes abstained: ___ BY: ________________________________ Philip Vandernail, Mayor ATTEST: (S E A L) _________________________________ Antoinette McVeigh, Town Clerk Published in the Middle Park Times on _________-, 2017.