by local Watch Dogs…
Does this seem RIGHT to you? Well Town of Avon insiders are insisting it’s happening.
So Avon’s local Wal~Mart (and their Corporate Legal Department) got tipped off this past week.
What’s going on?
FACT: The multi-year lawsuit between the Town of Avon (TOA) and Avon Developer (Traer Creek) is currently crafting a combined Settlement Agreement.
The legal provision that is allegedly being included, with the endorsement of both litigants – is an item to increase the existing Sales Tax (they’re calling it a “Fee” in the Settlement Agreement) of 0.75% – which if implemented will bring the “total Sales Tax” you pay for any items purchased in the “Traer Creek Metro District” (that’s Wal~Mart, Home Depot, Castle Peak Grill, the liquor store, Game Stop…etc) up to 9.486% almost 10% of your purchase price.
So what’s “the Rub”?
More than one person in our Community believes that the legal term “Fee” is being used as opposed to increased “Sales Tax” because if it were being proposed as an increase in Sales Tax – TABOR would require a Vote of registered Avon voters – to approve that.
Enter Wal~Mart Legal….
There are some BIG questions that need to be answered.
1 – Why should folks who choose to shop at Avon’s Wal~Mart/Home Depot be compelled to pay ANY additional “Fee” – ECT calls it an increased “Sales Tax” because two litigants have spent Millions between them – fighting each other in Court for several years?
A bigger question?
2 – If this so called “additional Fee” is implemented (and left unchallenged) – what’s to STOP ANY Colorado Home Rule Municipality (Avon in this case) from imposing (via a simple Ordinance) any new “Fee” against any Big Box store located in their Municipality?
Indeed, would a Big Box Store just become a kind of (Municipal ATM machine?) for any Town- that decides it needs more money?
The ECT will keep you posted…lots of good legal questions need to be answer here…