TC Ord. No. 2015-14 Enacting Chapter 2.34 qualifications of Council Members and Planning & Zoning Commission Members of the Avon Municipal CodeTOWN OF AVON, COLORADO
ORDINANCE NO. 15 -14
SERIES OF 2015
AN ORDINANCE ENACTING CHAPTER 2.34 QUALIFICATIONS OF
COUNCIL MEMBERS AND PLANNING AND ZONING COMMISSION
MEMBERS OF THE AVON MUNICIPAL CODE
WHEREAS, pursuant to C.R.S. §31 -15 -103 and §31 -15 -104, and pursuant to the home rule
powers of the Town of Avon ( "Town "), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants;
WHEREAS, Section 4.6(c) states that, "Council shall be the judge of ... qualifications of its
own members ";
WHEREAS, the Avon Town Council established a Planning and Zoning Commission and set
forth the qualification of Planning and Zoning Commission members in Section 7.12.040 of the
Avon Development Code and has the authority to amend and supplement the qualifications of
Planning and Zoning Commission members; and,
WHEREAS, the Avon Town Council finds that the disqualification of Council members and
Planning and Zoning Commission members with certain employment relationships will avoid the
appearance of conflicts of interest, avoid the potential for any inappropriate influence in the
perforinance of official duties and actions, and will promote the public confidence in the
integrity of Avon Town Council and Avon Planning and Zoning Commission;
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on First Reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Section Enacted. Chapter 3.08 Sales Tax of the Avon Municipal Code is hereby
amended by enacting a new Section 3.08.037 Temporary tax credit to read as follows:
"CHAPTER 2.34 — Qualifications of Council members and Planning Commission members
Ord 15 -14 Qualification of Council and PZC
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(a) Disqualification for Employment Relationship. For the purpose of avoidance of any
appearance of a conflict of interest and for the avoidance of any potential for inappropriate
influence of elected or appointed officials arising from employment relationships, the following
additional qualifications shall apply to Council members and Planning Commission members:
(1) Definition. For the purposes of this Section (a) only, the following definitions shall apply:
Employment relationship means the following relationships between two or more persons:
employer and employee; direct supervisor and subordinate; and, owner and agent,
consultant or contractor where such relationship results in more than 10% of the gross
annual revenues of such agent, consultant or contractor.
Official means a Town Council members or a Planning and Zoning Commission member.
(2) Disqualification of Officials. In addition to other qualifications established by the home
rule charter, this municipal code and applicable statutes, an Official shall be disqualified to hold
a position on Council or the Planning and Zoning Commission if such Official has an
employment relationship with another Official on the same governing body or commission. If
such employment relationship exists at the time of election or appointment, such Official shall
not be qualified to be sworn in or commence serving the position. If such relationship arises
after such Official is elected or appointed, then such employment relationship shall be
disclosed at the next meeting of such governing body or commission and such Officials shall
not be permitted to vote on any matters. If such disclosed employment relationship continues
until the next meeting of the governing body or commission then both (or more) such Officials
shall be deemed disqualified and removed from the governing body or commission by motion
of the remaining members. Any member of the Council or Planning and Zoning Commission
may raise the question as to whether an employment relationship exists. The unaffected
members of the Council and Planning and Zoning Commission shall determine whether an
employment relationship exists as applied to specific facts and circumstances."
Section 3. Codification Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 4. Non - severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid or enforceable, such
invalidity or effect shall render the entire ordinance void and not effective, it being the intention
of the Council that is this all provisions of this Ordinance are not severable and that Council
would not have adopted this Ordinance if any provision of this Ordinance is invalid or not
effective. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
Ord 15 -14 Qualification of Council and PZC
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includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after public
notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6, Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on November 17, 2015 and setting such public hearing for December 8, 2015 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BYO I 1 /,_ /I i ATTEST:
9T�iu%e-Tancher, Mayor Debbie Hoppe, Towri Clerk
�CgPTED O)i' E OND AND FINAL READING on December 8, 2015.
XATTEST:
Annie Fancher, Mayor /1 Debbie Hoppe, TUn Clerk
Eric J. 1Wq%ow7h Attorney
Ord 15 -14 Qualification of Council and PZC
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