HomeMy WebLinkAboutORDINANCE 28-740
ORDINANCE NO.28-74
AN ORDINANCE AMENDING SECTIONS 5.16.030,
5.16.040 AND 5.16.060 OF THE MUNICIPAL
CODE OF THE TOWN OF ESTES PARK,COLORADO,
RELATING TO AUCTIONEER’S LICENSE AND BOND.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF ESTES PARK,COLORADO:
Section 1.Sections 5.16.030,5.16.040 and 5.16.060
of the Municipal Code of the Town of Estes Park,Colorado,
are hereby amended to read as follows:
5.16.030 License—-Fee.Each applicant for an auc
tioneer’s license shall pay a license fee of twenty—five
dollars per day for each and every day for which the license
is issued.
5.16.040 Bond required.Before issuing any license
required by this chapter,the town clerk shall require the
applicant for such license to file with the town clerk a
surety bond payable to the Town of Estes Park,Colorado,in
an amount not less than the town clerk’s estimate of the
maximum sale price of all goods to be sold at any auction
conducted by the licensee under the license being applied
for.Such bond shall be conditioned upon the licensee ob
serving all ordinances of the town and laws of the state of
Colorado pertaining to auctions and auctioneers;the payment
of all penalties and costs assessed by any court for the
violation thereof by the licensee;and the payment of any
judgment recovered in any court against the licensee for
damages sustained by any person,as the result of having pur
chased any property at an auction conducted by the licensee
in accordance with a license issued by the town,or by any
person who has consigned property to be sold at such an auc
tion.The amount of such bond shall not exceed the maximum
sale price that such property would sell for,if sold in the
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usual course of business in a retail store within the town
and not at an auction sale.The sureties shall not be liable
in execution beyond the amount of their bond,but the liabil
ity of the principal shall continue after the amount of the
bond is exhausted for any of said unpaid penalty,costs or
damages.All bonds required by this section shall be bonds
of a corporate surety licensed to do business in the state of
Colorado and countersigned by a resident agent of such corpo
rate surety,or bonds of two competent adults who are each
seized and possessed of real property of a value in excess
of the amount of such bond,which property is not exempt by
law from levy and sale under execution,clear and unencum
bered and within the jurisdiction of the state of Colorado.
All surety bonds shall be approved as to form by the town
attorney.
5.16.060 Exceptions.The provisions of this chapter
shall not apply to sales made by sheriffs,constables,tax
collectors,coroners,marshals,administrators,executors,
personal representatives,guardians,assignees of insolvent
debtors and bankrupts,or any other person required by law
to sell real or personal property at public auction;nor to
sales when the proceeds thereof are to be used for religious
or charitable purposes;nor to sales of real property.
Section 2.The board of trustees of the town of
Estes Park,Colorado,herewith finds,determines and desig
nates that this ordinance is necessary for the immediate
preservation of the public peace,health and safety,for
the control of auctions and auctioneers affects the public
peace,health and safety;and whereas,in the opinion of the
board of trustees,an emergency exists,this ordinance shall
take effect and be in force five (5)days after its final
passage,adoption and publication.
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PASSED BY THE BOARD OF TRUSTEES AND SIGNED THIS
______
DAY OF
_________________,
1974.
—
L
Mayor /
TOWN OF ESTES PARK,COLORADO
(SEAL)
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