TC Ord. No. 20-02 Locations for Posting Notice of Public MeetingsORDINANCE NO. 20-02
SERIES OF 2020
ADOPTING A NEW CHAPTER 1.15 OF TITLE 1 OF THE AVON
MUNICIPAL CODE ESTABLISHING PERMANENT LOCATIONS FOR
POSTING NOTICE OF PUBLIC MEETINGS
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 ("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; and
WHEREAS, local public bodies, including Council, are required by the Open Meetings
Law, and specifically §24-6-402(2)(c), C.R.S., to designate annually at the first regular meeting
of each calendar year the locations at which public notice of each meeting will be posted at least
twenty four (24) hours prior to each meeting; and
WHEREAS, Section 11.2 of the Avon Home Rule Charter authorizes Council to create
any Boards and Commissions; and
WHEREAS, pursuant to Section 11.2(a) of the Avon Home Rule Charter, Council may
establish rules governing the rules or procedures of any Board or Commission; and
WHEREAS, Boards and Commissions established by Council are "local public bodies"
subject to the requirements of the Open Meeting Law, including the requirement found in §24-6-
402(2)(c) to designate locations at which public notice of certain meetings will be posted at least
twenty four (24) hours prior to each meeting; and
WHEREAS, Council wishes to comply with the requirements of §24-6-402(2)(c) by
permanently establishing locations at which public notice of each meeting subject to notice
requirements shall be posted at least twenty four (24) hours prior to each Council, Board or
Commission meeting, as applicable; and
WHEREAS, Council finds that permanently establishing locations at which public
notice shall be posted of each Council meeting and any other Board or Commission meeting
subject to notice requirements will promote the health, safety and general welfare of the Avon
community; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that
Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
Ord 20-20 Permanent Locations For Posting Notice of Public Meetings, February 4, 2020
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representation that Council, or any member of Council, has determined to take final action on
this Ordinance prior to concluding the public hearing on second reading.
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 Council.
Section 2. Addition of Chapter 1.15 to Title 1 of the Avon Municipal Code. Chapter
1.15, "Permanent Locations For Posting Notice For Public Meetings" to read as set forth in
Exhibit A: Addition of Chapter 1.15 to Title 1 of the Avon Municipal Code, attached hereto.
Section 3. 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, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. 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
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 4. Effective Date. This Ordinance shall take effect thirty days days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. Council hereby finds, determines and declares that this Ordinance
is promulgated under the general police power of the Town, 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. Council further
determines that the Ordinance bears a rational relation to the proper legislative object sought to
be obtained.
Section 6. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and
for the purpose of sustaining any judgment, decree or order which can or may be rendered,
entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or
declaring such penalty or liability or enforcing such right, and shall be treated and held as
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
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Section 7. Codification of 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 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
Ord 20-20 Permanent Locations For Posting Notice of Public Meetings, February 4, 2020
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INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on February 11, 2020 and setting such public hearing for February 25, 2020 at the
Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way,
Avon, Colorado.
BY: ATTEST:
CF ,j 0
44 44� lvv'o
SE A
Sarah Smith Hymes, Uyor Brenda Torres, Town CMrk•.
ADOPTED ON SECOND AND FINAL READING on February 25, 2020.
BY:
Sarah Smith Hym es, yor
APPROVED AS TO FORM:
C
aul Wisor, Town Attorney
FEN 0091311
�d�N OF,q 0'
Brenda Torres, Town erlc'
Ord 20-20 Permanent Locations For Posting Notice of Public Meetings, February 4, 2020
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EXHIBIT A: ADDITION OF CHAPTER 1.15 TO TITLE 1 OF THE AVON MUNICIPAL CODE
CHAPTER 1.15
PERMANENT LOCATIONS FOR POSTING NOTICE OF PUBLIC MEETINGS
The following places are designated as the permanent locations for posting notice of all meetings
held by Council or any Board or Commission where posting notice of such meeting is required pursuant to
state law:
Avon Town Hall, 100 Mikaela Way
Avon Recreation Center, 90 Lake Street
Avon Public Library, 200 Benchmark Road
Avon Elementary School, 850 W Beaver Creek Boulevard
Town of Avon website — www.avon.org
All notice of meetings of Council, Boards and Commissions required hereunder shall be posted at least
twenty four (24) hours prior to each meeting.
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