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TC Ord. No. 22-04 Amending Section 2.02.010 of the Avon Municipal Code – Departments EnumeratedA Avon C O L O R A D O ORDINANCE NO.22-04 AMENDING AVON MUNICIPAL CODE SECTION 2.02.010 — DEPARTMENTS ENUMERATED 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; and WHEREAS, Section 8.8 — Administrative departments of the Avon Home Rule Charter provides that Council shall consolidate departments upon recommendation of the Town Manager; and WHEREAS, consolidation of Department and reduction of direct reports to the Town Manager has been studied over the last two years; and WHEREAS, consolidation of Public Works, Engineering, Mobility and Fleet into one Public Works Department will promote efficiency and coordination across these existing departments, and will thereby improve the effectiveness of providing government services and overseeing the design, construction and maintenance of public facilities and infrastructure; and WHEREAS, the Town Council finds that consolidation of the 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. Repealed and Re-enacted. Avon Municipal Code Section 2.02.010 — Departments enumerated is hereby repealed in its entirety and re-enacted to read as follows: 2.02.010 — Departments enumerated. The administrative departments of the Town shall be as follows: Ord 22-04 Amending Section 2.02.010 — Departments Enumerated Page 1 of 3 (a) General Government (b) Community Development (c) Public Works (d) Police (e) Recreation Section 3. Transition and Implementation. The Town Manager is authorized and directed to administer the transition from existing departments to consolidated departments in a manner and timeframe which is efficient and which minimizes disruption in the Town Manager's discretion. Section 4. 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 giv6n 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 5. 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 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. 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 Ord 22-04 Amending Section 2.02.010 — Departments Enumerated Page 2 of 3 remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 8. 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 9. 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 March 22, 2022 and setting such public hearing for April 12, 2022 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: Sarah Smith Hymes, Mayor Brenda Torres, ADOPTED ON SECOND AND FINAL READING on April 12, 2022. BY: �."I Pk" ATTEST: Sarah Smith Hymes, Mayor APPROVED AS TO FORM: arl Hanl n rim Town Attorney Ord 22-04 Amending Section 2.02.010 —Departments Enumerated Page 3 of 3 0ty Torres, Town 4 �NOFA�O� :SEAL: