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TC Ord. No. 22-10 Amending Chapter 2.04 Compensation of Council Ord 22-10 Council Compensation (1st Reading August 9, 2022; 2nd Reading August 23, 2022) Page 1 of 4 ORDINANCE NO. 22-10 AMENDING AVON MUNICIPAL CODE CHAPTER 2.04 – COMPENSATION OF COUNCIL 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, current compensation was established Ordinance 96-18 in 1996 and has not been increased yet; and WHEREAS, Council finds that the Town of Avon has grown significantly in population, business and local economy and that the complexity and volume of municipal business and policy determination for the Avon Community has grown commensurately since 1996; and WHEREAS, Council finds that increasing compensation of Council members will broaden the accessibility of serving on Council to a wider variety of the community members who may not be able to otherwise devote the time necessary to serve on Council; and WHEREAS, the Town Council finds that increasing compensation for Council members will promote the health, safety and general welfare of the Avon community; and, WHEREAS, Avon Home Rule Charter, Section 4.8 and Colorado Revised Statute Title 31, Article 4, Sections 109 and 405 restrict the authority to increase or decrease compensation for elected officials during their current term in office, therefore, Council finds that increasing compensation effective in December, 2024, will allow for the increase to be applied to all elected Council members at the same time; 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. Ord 22-10 Council Compensation (1st Reading August 9, 2022; 2nd Reading August 23, 2022) Page 2 of 4 Section 2. Amended. Chapter 2.04 – Compensation of Council Members is hereby amended by adding the following language which is underlined: 2.04.010 Compensation of Council Members. Council members shall receive compensation as described in this section, health insurance benefits as defined in the Avon Employee Policies and as may be amended from time to time, and reimbursement for expenses incurred in service as a Council member, all in accordance with policies adopted by Council and subject to annual budget and appropriation approved by Council. Council should evaluate future compensation adjustments by no later than July, 2030, which future adjustments would be effective in December, 2030. (a) Council Members shall receive compensation for their service in office in accordance with the following schedule, through and until December 10, 2024: (1) Mayor: One thousand dollars ($1,000.00) per month. (2) Mayor Pro Tem: Seven hundred fifty dollars ($750.00) per month. (3) All other Council Members: Five hundred dollars ($500.00) per month. (b) Council Members shall receive compensation for their service in office in accordance with the following schedule, on and after December 11, 2024 and through and until December 8, 2026: (1) Mayor: One thousand five hundred dollars ($1,500.00) per month. (2) Mayor Pro Tem: One thousand one hundred twenty-five dollars ($1,125.00) per month. (3) All other Council Members: Seven hundred fifty dollars ($750.00) per month. (c) Council Members shall receive compensation for their service in office in accordance with the following schedule, on and after December 9, 2026 and through and until December 12, 2028: (1) Mayor: Two thousand dollars ($2,000.00) per month. (2) Mayor Pro Tem: One thousand five hundred dollars ($1,500.00) per month. (3) All other Council Members: One thousand dollars ($1,000.00) per month. (d) Council Members shall receive compensation for their service in office in accordance with the following schedule, on and after December 12, 2028: (1) Mayor: Two thousand two hundred dollars ($2,200.00) per month. (2) Mayor Pro Tem: One thousand six hundred fifty dollars ($1,650.00) per month. (3) All other Council Members: One thousand one hundred dollars ($1,100.00) per month. 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 Ord 22-10 Council Compensation (1st Reading August 9, 2022; 2nd Reading August 23, 2022) Page 3 of 4 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. 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 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. 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. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING by the Avon Town Council on August 9, 2022 and setting such public hearing for August 23, 2022 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: Sarah Smith Hymes, Ma or a M I ADOPTED ON SECOND AND FINAL READING by the Avon Town 23, 2022. B CA Sarah Smith Hymes, Ma or APPROVE S TO FORM: Karl o own Attorney Council on A Ord 22-10 Council Compensation (1s1 Reading August 9, 2022; 2°d Reading August 23, 2022) Page 4 of 4