TC Ord. No. 25-05 Amending Avon Municipal Code Section 2.02.010 Departments EnumeratedA
Avon
COLORADO
ORDINANCE 25-05
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 Avon 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, 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, the Town Manager continually evaluates the organizational structure and
alignment with town department services and projects; and
WHEREAS, the separation of Engineer from the 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 amendment of Departments to establish an
independent Department of Engineering 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
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 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 Repealed and Re-enacted.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Departments enumerated is hereby repealed in its entirety and re-enacted to read as follows: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:
(a) General Government
(b) Community Development
Ord 25-05 Amending Section 2.02.010 — Departments Enumerated
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(c) Public Works
(d) Engineering
(e) Police
(f) 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 given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. 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 days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. 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.
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
remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and
appeals pending before any court or administrative tribunal.
Ord 25-05 Amending Section 2.02.010 — Departments Enumerated
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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 January 28, 2025 and setting such public hearing for February 11, 2025 at the
Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way,
Avon, Colorado.
N OF A
BY: ATTEST: • :SEA A
—dymra N. nderwood Mayor Miguel Jauregui Cpnueva, Clerk
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ADOPTED ON SECOND AND FINAL READING on January 28, 2025.
BY: 'j, I, /J,,, I -
amra N. Underwood, Ma or
APPROVED AS TO FORM:
ina Williams, Town Attorney
ATTEST:
Miguel Jauregui
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