Public Hearings / Legal Notices / Ordinances

Town Board Ordinances

Ordinance 2023-1676 View Ordinance (PDF) 
An Ordinance repealing and replacing article II, chapter 6, of the Windsor Municipal Code concerning special event liquor permits and creating article VI concerning festival permits and creating article VII concerning communal outdoor dining in the Town of Windsor, Colorado
Second Reading: Monday April 24, 2023 at 7:00 p.m., 301 Walnut Street, Windsor, CO 80550

Ordinance 2023-1677 View Ordinance (PDF) 
An Ordinance amending the Windsor Municipal Code, by creating article XI, of chapter 11, concerning special activity permits (non-alcohol or non-liquor related) in the Town of Windsor, Colorado 
Second Reading: Monday April 24, 2023 at 7:00 p.m., 301 Walnut Street, Windsor, CO 80550

Ordinance 2023-1675 View Ordinance (PDF) 
An Ordinance repealing, amending and readopting Chapter 17, Article 15 of Windsor Municipal Code with respect to road impact fees
Second Reading: Monday April 10, 2023 at 7:00 p.m., 301 Walnut Street, Windsor, CO 80550

Ordinance 2023-1674 View Ordinance (PDF) 
An Ordinance amending certain portions of Windsor Municipal Code chapters 4 and 6 to establish exemptions from the Town's sales and use tax for certain retail delivery fees, carryout bag fees, and personal hygiene products
Second Reading: Monday March 13, 2023 at 7:00 p.m., 301 Walnut Street, Windsor, CO 80550

Ordinance 2023-1673 View Ordinance (PDF) 
An Ordinance amending certain portions of Windsor Municipal Code Section 14-2-10 concerning land use applications and procedures
Second Reading: Monday February 13, 2023 at 7:00 p.m., 301 Walnut Street, Windsor, CO 80550

Ordinance 2022-1671 View Ordinance (PDF) 
An Ordinance amending chapter 16 of the Windsor Municipal Code by the addition of new requirements related to the regulation of wells used for geologic sequestration of carbon dioxide
Second Reading: Monday January 9, 2023 at 7:00 p.m., 301 Walnut Street, Windsor, CO 80550

Ordinance 2022-1672 View Ordinance (PDF) 
An Ordinance providing for the review and disposition of complaints regarding financial disclosure reports filed under the Colorado Fair Campaign Practices Act in the Town of Windsor 
Second Reading: Monday January 9, 2023 at 7:00 p.m., 301 Walnut Street, Windsor, CO 80550

Ordinance 2022-1667 View Ordinance (PDF) 
An Ordinance repealing, amending and readopting portions of article III of chapter 13 or the Windsor Municipal Code with respect to stormwater basin fees imposed by the Town's stormwater drainage utility enterprise
Second Reading: Monday November 28, 2022 at 7:00 p.m., 301 Walnut Street, Windsor, CO 80550

Ordinance 2022-1669 View Ordinance (PDF)

An emergency ordinance referring to the voters an amendment to sections 3.3.B and 3.7A(1) of the Town of Windsor Home Rule Charter to confirm the qualifications of town elective officers to the provisions of article XII, Section 4 of the Colorado Constitution; setting the ballot title; providing the effective date of this ordinance; setting forth details in relation thereto; and making findings of fact in support of emergency adoption.

Ordinance 2022-1670 

AN ORDINANCE AMENDING THE WINDSOR MUNICIPAL CODE TO IMPLEMENT A VOTER-APPROVED MEASURE UNDER WHICH THE OPEN SPACE ACQUISITION AND MAINTENANCE FUND IS CREATED, AND FIXING SALES TAX AND USE TAX RATES IN ACCORDANCE THEREWITH

Section 1. Section 4-2-20 of the Windsor Municipal Code shall be amended to add a new sub-section which shall read as follows:

(9) Open Space Acquisition and Maintenance Fund.  

(a)        Windsor Open Space Acquisition and Maintenance Fund. There is hereby established a special fund of the Town to be known as the Windsor Open Space Acquisition and Maintenance Fund. One hundred percent (100 %) of the revenues derived from twenty-five one-hundredths percent (.25%) of the 3.65% sales and use tax imposed by this Chapter shall be deposited into said fund and used solely for the purposes set forth in this subsection below. With the exception of said purposes, moneys deposited into such fund from twenty-five one-hundredths percent (.25%) of the 3.65% sales and use tax shall not be available to be pledged or expended, by interfund transfer or otherwise, for any general municipal purposes.

All revenues deposited to the Windsor Open Space Acquisition and Maintenance Fund from twenty-five one-hundredths percent (.25%) of the 3.65% sales and use tax imposed by this Chapter, together with interest and income derived from any legal interests in real property acquired therefrom, shall be allocated and applied as follows:

(i)         Acquisition of legal interests in real property enabling Town ownership of open space lands resources; and

(ii)        Stewardship, operation and maintenance expenses associated with real property interests acquired with Windsor Open Space Acquisition and Maintenance Fund revenue.

(b)        Remaining Revenue, Disposition.

(i)         Remaining Revenue Defined.  For purposes of this sub-section (10), “Remaining Revenue” shall be defined as any sales tax revenue and use tax revenue derived from twenty-five one-hundredths percent (.25%) of the sales tax and use tax rates imposed by this Article which exceed the combined costs of real property interest acquisition, stewardship, operations and maintenance of any interests in real property acquired pursuant to the allocation set forth in Section 4-2-20 (9) (a).

 (ii)       Disposition of Remaining Revenue.  Remaining Revenue shall be exclusively used to defray the costs of stewardship, operations and maintenance of other Town-owned open space and trails, regardless of how and when acquired.

(iii)       Restrictions on Remaining Revenue.  Under no circumstances shall Remaining Revenue be applied to pay the general costs of government without further voter approval.

Section 2. Section 4-3-110 of the Windsor Municipal Code shall be repealed, amended and re-adopted to read as follows:

Sec. 4-3-110.   Imposition of sales tax.

Sales Tax Rate.  There is imposed a sales tax of three and sixty-five one-hundredths percent (3.65%) on the sale of tangible personal property at retail or the furnishing of taxable services, as provided herein at Section 4-3-170 of this Code and at § 29-2-105(1)(d), C.R.S. (the "Statute").

Section 3. Section 4-3-120 of the Windsor Municipal Code shall be repealed and re-adopted by the Town Board to read as follows:

Sec. 4-3-120.   Imposition of use tax.

Use Tax Rate.  There is imposed a use tax of three and sixty-five one-hundredths percent (3.65%), to be imposed only for the privilege of storing, using or consuming within the Town any construction and building materials or construction equipment located within the boundaries of the Town for a period of more than thirty (30) consecutive days.

Section 7.  Ratification of Windsor Municipal Code. With the exception of the provisions of the Windsor Municipal Code which shall be modified as provided herein, all remaining provisions of the Windsor Municipal Code shall remain in full force and effect.

Section 8. Severability. Should any one or more sections or provisions of this Ordinance be judicially determined invalid or unenforceable, such determination shall not affect, impair, or invalidate the remaining provisions hereof, the intention being that the various provisions hereof are severable.

Introduced and passed on first reading and ordered published this 14^th day of November, 2022.

Ordinance 2022-1666 

AN ORDINANCE MAKING FINDINGS OF FACT AND ADOPTING AMENDMENTS TO THE WINDSOR MUNICIPAL CODE FOR IMPLEMENTATION OF VOTER-APPROVED SALES TAX POLICY WITH RESPECT TO THE EXPANSION OF THE WINDSOR COMMUNITY RECREATION CENTER

 WHEREAS, the Town of Windsor is a home rule municipality with all powers conferred under Colorado law; and

 WHEREAS, by Ordinance No. 2002-1106, the Town Board referred a ballot question to the voters under which the voters were asked to approve a sales and use tax increase of two one-hundredths percent (.2%) to fund the repayment of bonds to be issued for the initial construction of the Windsor Community Recreation Center (“2002 Ballot Question”); and

 WHEREAS, the 2002 Ballot Question contained broad-form “de-Brucing” language with respect to the revenue generated by the additional two one-hundredths percent (.20%) sales and use tax increase; and

 WHEREAS, the voters approved the 2002 Ballot Question on April 2, 2002; and

 WHEREAS, the Town issued bonds and constructed the Community Recreation Center with the revenue derived from the bonds; and

 WHEREAS, on November 4, 2014, Windsor voters* approved Ballot Question 2A, referred by the Town Board as follows:

 SHALL THE TOWN OF WINDSOR DEBT BE INCREASED BY AN AMOUNT NOT TO EXCEED SIXTEEN-MILLION ONE-HUNDRED THOUSAND DOLLARS ($16,100,000) WITH A MAXIMUM REPAYMENT COST NOT TO EXCEED TWENTY-EIGHT MILLION FOUR-HUNDRED FIFTY THOUSAND DOLLARS ($28,450,000) AND SHALL THE TOWN OF WINDSOR TAXES BE INCREASED BY NOT MORE THAN ONE-MILLION NINE-HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($1,925,000) IN THE FIRST FULL FISCAL YEAR AND BY SUCH AMOUNT AS IS GENERATED ANNUALLY THEREAFTER BY THE TAX INCREASE DESCRIBED BELOW SUBJECT TO THE FOLLOWING:

 (1) SUCH DEBT SHALL CONSIST OF SALES AND USE TAX REVENUE BONDS TO BE PAYABLE FROM ALL OR ANY PORTION OF THE TOWN' S SALES AND USE TAX AND ISSUED SOLELY FOR THE PURPOSE OF CONSTRUCTING AND EQUIPPING AN EXPANSION OF THE WINDSOR COMMUNITY RECREATION CENTER, FUNDING A RESERVE FUND AND PAYING COSTS OF ISSUANCE OF THE BONDS;

 (2) SUCH BONDS SHALL BE DATED AND SOLD AT SUCH TIME, AND AT SUCH PRICES (AT, ABOVE OR BELOW PAR) AND CONTAINING SUCH TERMS, NOT INCONSISTENT HEREWITH, AS THE TOWN MAY DETERMINE;

 (3) SUCH TAX SHALL CONSIST OF A RATE INCREASE IN THE TOWN-WIDE SALES AND USE TAX OF .75% (SEVENTY-FIVE ONE HUNDREDTHS OF ONE PERCENT), WHICH REPRESENTS THREE-QUARTERS OF ONE CENT ON EACH ONE DOLLAR PURCHASE COMMENCING JANUARY 1, 2015;

 (4) THE PROCEEDS OF THE INCREASE IN THE TOWN SALES AND USE TAX SHALL BE DEPOSITED INTO THE WINDSOR COMMUNITY RECREATION CENTER EXPANSION FUND TO BE USED SOLELY FOR CONSTRUCTING AND EQUIPPING THE WINDSOR COMMUNITY RECREATION CENTER EXPANSION, INCLUDING, AMONG OTHER THINGS:

 • A LEISURE POOL,

• A WALK/JOG TRACK,

• LAP LANES,

• A FITNESS/WELLNESS STUDIO,

• AN AEROBICS/DANCE/YOGA STUDIO,

• AND AN AUXILIARY GYM;

 (5) THE PROCEEDS DEPOSITED INTO THE WINDSOR COMMUNITY RECREATION CENTER EXPANSION FUND SHALL ALSO BE USED FOR PAYING THE COSTS OF DEPRECIATION, OPERATING AND MAINTAINING THE WINDSOR COMMUNITY RECREATION CENTER, OR PAYING THE DEBT SERVICE ON REVENUE BONDS OR REFUNDING BONDS ISSUED FOR SAID PURPOSES (INCLUDING ESTABLISHING RESERVES TO PAY DEBT SERVICE);

 (6) THE INCREASED RATE OF SALES AND USE TAX SHALL BE REDUCED TO A LEVEL SUFFICIENT TO FUND EQUIPMENT, OPERATIONS, MAINTENANCE AND DEPRECIATION OF THE WINDSOR COMMUNITY CENTER AT SUCH TIME AS ALL DEBT SERVICE ON REVENUE BONDS OR REFUNDING BONDS FOR SAID PURPOSES ARE PAID IN FULL; AND

 (7) SHALL ALL PROCEEDS OF THE BONDS AND MONEYS DEPOSITED IN THE WINDSOR COMMUNITY RECREATION CENTER EXPANSION FUND (REGARDLESS OF AMOUNT) AND ANY INVESTMENT INCOME ON THE PROCEEDS OR THE DEPOSIT CONSTITUTE A VOTER – APPROVED REVENUE CHANGE, AND AN EXCEPTION TO THE REVENUE AND SPENDING LIMITS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION?

 and

WHEREAS, in accordance with voter approval of Ballot Question 2A, the Town Board subsequently adopted Ordinance No. 2015-1498, An Ordinance Amending Portions of Chapter 4, Article II of the Windsor Municipal Code for the Purpose of Implementing Voter-Approved measures Associated with Financing the Community Recreation Center Expansion Project; and

 WHEREAS, Ordinance No. 2015-1498 was codified in Chapter 4, Article II of the Windsor Municipal Code, and has governed the collection and disposition of the sales tax revenue authorized by voter-approval of Ballot Question 2A; and

 WHEREAS, in accordance with Ballot Question 2A, the Town has applied the revenue derived from the .75% sales and use tax increase to the full and timely payment of bonded indebtedness incurred to construct, equip and maintain the expanded Community Recreation Center; and

 WHEREAS, before December 31, 2022, the Town will pay in full the bonded indebtedness incurred to construct and equip the Community Recreation Center, leaving no further obligation for bond retirement payments; and

 WHEREAS, as approved by the voters, Ballot Question 2A requires that upon payment of all bonded indebtedness associated with the Community Recreation Expansion, the Town’s sales and use tax rates shall be reduced by .55%, leaving .20% of the voter-approved sales and use tax increase in place to fund operations and maintenance of the Community Recreation Center; and

 WHEREAS, although Ballot Question 2A provides that the sales and use tax rates are reduced “without further voter approval or Town Board action”, the Town Board views the voters’ commands with all seriousness and priority; and

 WHEREAS, the Town Board desires to immediately and expressly implement the will of the voters with respect to a reduction in sales and use tax rates as required by Ordinance No. 2015-1498; and

 WHEREAS, the Town Board finds that the immediate reduction of the sales and use tax rate is necessary to assure that collections of sales and use tax revenue do not exceed the limitations imposed by Ballot Measure 2A as approved by the voters; and

 WHEREAS, the adoption of this Ordinance as an emergency measure is required to meet the timing requirements of C.R.S. § 29-2-106(2), so that the tax rate change will take effect on January 1, 2023; and

 WHEREAS, the Town Board further determines that the adoption of this Ordinance as an emergency ordinance pursuant to Section 4.11 of the Windsor Home Rule Charter is necessary for the immediate preservation of public property, health, welfare, peace, or safety.

 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO, AS FOLLOWS:

 Section 1. Section 4-3-110 of the Windsor Municipal Code is hereby repealed, amended and re-adopted to read as follows:

 Sec. 4-3-110. - Imposition of sales tax.

 1. Sales tax rate. There is imposed a sales tax at the rate of three and four-tenths percent (3.40%) on the sale of tangible personal property at retail or the furnishing of taxable services, as provided herein at Section 4-3-170 of this Code and at § 29-2-105(1)(d), C.R.S. (the "Statute").

 2. Dedicated sales tax percentage, Community Recreation Center operations and maintenance costs. The first forty one-hundredths percent (.40%) of Sales Tax revenue derived from the Sales Tax rate set forth in Section 4-3-110 (a) shall be allocated to and available solely for paying the costs of equipping, operating, maintaining and depreciating the Windsor Community Recreation Center.

 Section 2. Section 4-3-120 of the Windsor Municipal Code is hereby repealed, amended and re-adopted to read as follows:

 Sec. 4-3-120. - Imposition of use tax.

 1. Use tax rate. There is imposed a use tax at the rate of three and four-tenths percent (3.40%), to be imposed only for the privilege of storing, using or consuming within the Town any construction and building materials or construction equipment located within the boundaries of the Town for a period of more than thirty (30) consecutive days.

1. Dedicated use tax percentage, Community Recreation Center operations and maintenance costs. The first forty one-hundredths percent (.40%) of Use Tax revenue derived from the Sales Tax rate set forth in Section 4-3-120 (a) shall be allocated to and available for paying the costs of equipping, operating, maintaining and depreciating the Windsor Community Recreation Center.

 Section 3. Section 4-2-20 (9) of the Windsor Municipal Code is hereby repealed in its entirety.

 Section 4. Section 4-3-190 of the Windsor Municipal Code is hereby repealed, amended and re-adopted to read:

 Sec. 4-3-190. - Use tax; taxable property and services.

 There is hereby levied and there shall be paid a use tax in the amount stated in Section 4-3-120 of this Article, upon the following:

 1. Construction and building materials. All sales of construction and building materials, except for sales of construction and building materials to contractors and subcontractors for use in the building, erection, alteration or repair of structures, highways, roads, streets and other public works owned and used by:

 2. The United States government, the State, its departments and institutions, and the political subdivisions thereof in their governmental capacities only;

 3. Charitable organizations in the conduct of their regular charitable functions and activities; or

 4. Schools, other than schools held or conducted for private or corporate profit.

 5. Construction equipment. Construction equipment which is located within the boundaries of the Town for a period of more than thirty (30) consecutive days shall be subjected to the full applicable use tax of the Town.

 (3) Construction equipment which is located within the boundaries of the Town for a period of thirty consecutive days or less shall be subjected to Town use tax in an amount which does not exceed the amount calculated as follows: The purchase price of the equipment shall be multiplied by a fraction, the numerator of which is one and the denominator of which is twelve, and the result shall be multiplied by the Town use tax rate. Where the provisions of this subsection (3) are utilized, the credit provisions of subsection (6) of this Section shall apply at such time as the aggregate sales and use taxes legally imposed by and paid to other statutory and home rule cities, towns, and cities and counties on any such equipment equal the full use tax of the Town.

 (4) In order for a taxpayer to avail itself of the provisions of subsection (3) of this Section, the taxpayer shall comply with the following procedure:

 (a) Prior to or on the date the equipment is located within the boundaries of the Town, the taxpayer shall file with the Town an equipment declaration on a form provided by Town. Such declaration shall state the dates on which the taxpayer anticipates the equipment will be located within and removed from the boundaries of the Town, shall include a description of each such anticipated piece of equipment, shall state the actual or anticipated purchase price of each such anticipated piece of equipment, and shall include such other information as reasonably deemed necessary by the Town.

 (b) The taxpayer shall file with the Town an amended equipment declaration reflecting any changes in the information contained in any previous equipment declaration no less than once every ninety days after the equipment is brought into the boundaries of Town or, for equipment which is brought into the boundaries of the Town for a project of less than ninety days’ duration, no later than ten days after substantial completion of the project.

 (c) The taxpayer need not report on any equipment declaration any equipment for which the purchase price was under two thousand five hundred dollars. If such equipment declaration is given, then as to any item of construction equipment for which the customary purchase price is under two thousand five hundred dollars which was brought into the boundaries of the Town temporarily for use on a construction project, it shall be presumed that the item was purchased in a jurisdiction having a local sales or use tax as high as that of the Town and that such sales or use tax was previously paid. In such case the burden of proof in any proceeding before the Town, the Executive Director of the Colorado Department of Revenue, or the district court, shall be on the Town to prove such local sales or use tax was not paid.

 (5) If the taxpayer fails to comply with the provisions of subsection (4) of this Section, the taxpayer may not avail himself of the provisions of subsection (3) of this section. However, substantial compliance with the provisions of subsection (4) of this section shall allow the taxpayer to avail himself of the provisions of subsection (3) of this section.

 (6) No Town use tax shall apply to the storage, use, or consumption of any article of tangible personal property the sale or use of which has already been subjected to a sales or use tax of another statutory or home rule city, town, or city and county legally imposed on the purchaser or user equal to or in excess of that imposed by the Town. A credit shall be granted against Town use tax with respect to the person's storage, use, or consumption in the Town of tangible personal property, the amount of the credit to equal the tax paid by the taxpayer by reason of the imposition of a sales or use tax of the previous statutory or home rule city, town, or city and county on the taxpayer’s purchase or use of the property. The amount of the credit shall not exceed the tax imposed by the Town.

 Section 5. All funds derived from the that portion of the Community Recreation Center Expansion Fund as allocated in former Section 4-2-20 (9)a.1 of the Windsor Municipal Code, to the extent such funds exceed the amount necessary to fully retire the debt service requirements for revenue bonds issued for the construction and equipping of the Community Recreation Center Expansion, shall be reserved exclusively for the payment of capital costs associated with the Community Recreation Center.

 Section 6. All revenue derived from the tax rates described in the above-amended Code Sections 4-3-110 (b) and 4-3-120 (b) shall be exclusively allocated to and available solely for paying the costs of equipping, operating, maintaining and depreciating the Windsor Community Recreation Center.

 Section 7. In order to assure an orderly transition to the sales tax and use tax rates set forth herein, the amendments to the Windsor Municipal Code set forth in Section 1, Section 2, Section 3 and Section 4 of this Ordinance shall take effect at 11:59 p.m. on December 31, 2022. All other provisions of this Ordinance shall take effect immediately as provided in the Windsor Home Rule Charter, Section 4.11.

 Introduced, passed by a vote of __6_ in favor _0__ opposed, adopted and ordered published this 24^th day of October, 2022.