TC Ord. No. 20-10 Amending Section 12.04.380 of the Town Municipal Code to Require the Installation of Conduit in Public StreetsA
Avon
C O L O P A D 0
ORDINANCE NO. 20-10
AMENDING SECTION 12.04.380 OF THE TOWN MUNICIPAL CODE TO REQUIRE
THE INSTALLATION OF CONDUIT IN PUBLIC STREETS
WHEREAS, the Town of Avon, Colorado ("Town") is a Colorado home rule
municipality with all the powers granted to it under its home rule charter and to all municipalities
under the laws of the State of Colorado; and
WHEREAS, such powers include regulating the use of and construction within Town -
owned streets and rights-of-way; and
WHEREAS, as stated in Section 12.04.010 of the Town Municipal Code ("Code"), work
within the public ways must be regulated in the interest of the public health, welfare and safety
for the protection of the people of the Town and of all persons using or relying upon the public
ways of the Town; and
WHEREAS, to ensure that the infrastructure needed to provide telecommunication,
broadband, and other similar services to residents of the Town is available and to facilitate the
Town's ability to provide those services, it is desirable that empty conduit be installed in Town
streets when they are otherwise opened in connection with public or private construction in
Town rights-of-way; and
WHEREAS, the Town Council finds that having the ability to require the installation of
empty conduit in public streets 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
the Town 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
representation that the Town Council, or any member of the Town 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 the Town Council.
Section 2. Amendment. Section 12.04.380 of the Town Code is hereby amended to include
a new subsection, which subsection shall be known as 12.04.380(14) and provide as follows:
Ord 20-10 AMENDING CODE SECTION 12.04.380 — August 11, 2020
Page 1 of 4
(14) Conduit. As a condition of performing work in a public way and obtaining a
permit for the same as provided in this Chapter, the Town Manager or Director of Public Works
may require the installation of empty shadow conduit with tracer wire and associated
infrastructure at the cost and expense of the permit holder. The Town Manager or Director of
Public Works has the discretion to require the installation of such conduit when a permit is
issued for the following:
a. A pit, trench, hole, opening, digging or excavation across the entire paved width of a
roadway;
b. A pit, trench, hole, opening, digging or excavation of 100 feet or more parallel to a
roadway; or
c. Any other pit, trench, hole, opening, digging or excavation that provides a similar
opportunity to install shadow conduit.
The Town Manager or Director of Public Works may adopt permit application forms, procedures
and criteria which are not inconsistent with this Section 12.04.380. The security posted for a
permit issued under this Chapter will not be returned until a shape file compatible with ARC GIS
noting the location(s) of the shadow conduit is provided to the Director of Public Works. Conduit
specifications must comply with the Town's Public Works Manual, as may be amended from
time to time, and/or as may be approved by the Director of Public Works. The minimum conduit
size must be two inches in diameter, and it is within the Town Manager or Director or Public
Works' discretion to require larger diameters.
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 after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. 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.
Ord 20-10 AMENDING CODE SECTION 12.04.380 — August 11, 2020
Page 2 of 4
Section 6. 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 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in
accordance with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
Ord 20-10 AMENDING CODE SECTION 12.04.380 — August 11, 2020
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INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on July 28, 2020, and setting such public hearing for August 11, 2020, at the
Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way,
Avon, Colorado.
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Sarah Smith Hymes, Mayo
ATTEST: N OFq��
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SEAL.:
Brenda Torres Town
ADOPTED ON SECOND AND FINAL READING on August 11, 2020.
Y:
Sarah Smith Hymes,
APPROVED
Wisor, Town Attorney
ATTEST:
Brenda Torres, Town Clerk
Ord 20-10 AMENDING CODE SECTION 12.04.380 — August 11, 2020
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