TC Ord. No. 2007-08 Amending Title 17 municipal code of the TOA as it relates to applicability to public agenciesTOWN OF AVON, COLORADO
ORDINANCE NO. 07-08
SERIES OF 2007
AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN
OF AVON, AS IT RELATES TO APPLICABILITY TO PUBLIC AGENCIES
COLORADO:
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
Section 1. Amendment. Section 17.04.080, Chapter 17.04 of Title 17, Avon
Municipal Code, is amended to read as follows:
The provisions of this Title shall apply to all public bodies, districts and agencies of the
federal, state, county and municipal governments.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 14th day of August, 2007, and a public hearing on this ordinance shall
be held at the regular meeting of the Town Council on the 28th day of August, 2007, at 5:30
P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon,
Colorado.
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ATTEST: '/h^'ti °
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tcdfenny To Clerk
Ronald C. Wolfe, Mayor
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the Z -day of of , 2007
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Ronald C. Wolfe, Mayor
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ATTEST:
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atty M Kenny, T
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Clerk
APPROVED AS TO FORM:
Jo W. Dunn, Town Attorney
MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: APPLICABILITY OF TITLE 17 TO PUBLIC AGENCIES
DATE: August 28, 2007
Section 17.04.080 makes the Town's zoning applicable to
governmental agencies "to the extent permitted by law." The proposed
amendment to that section would delete that language. It is unclear why the
language was included in the first place. The concern is that the inclusion of
the language could raise some issue as to the relationship of the Town's
zoning and the requirements of state law.
The Town of Avon is a home rule municipality. As such, it
possesses the power to preempt state law in areas of local and municipal
concern. Planning and zoning is a traditional area of local and municipal
concern, and the courts for the most part have allowed home rule legislation to
preempt state statute (except with respect to vested rights). The purpose of the
deletion of the quoted language is to remove from the Town's ordinances any
basis for an argument that the Town's regulations do not preempt state law.
The Council should be aware that the school district is not
involved in this discussion. The school district law deals specifically with
school facilities, and that statute, CRS 22-32-124, is not preempted.
Staff requests that the Town Council adopt the proposed
ordinance on second reading. It was adopted on first reading without change.
Jwd:ipse
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MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: APPLICABILITY OF TITLE 17 TO PUBLIC AGENCIES
DATE: August 14, 2007
Section 17.04.080 makes the Town's zoning applicable to
governmental agencies "to the extent permitted by law." The proposed
amendment to that section would delete that language. It is unclear why the
language was included in the first-place. The concern is that the inclusion of
the language could raise some issue as to the relationship of the Town's
zoning and the requirements of state law.
The Town of Avon is a home rule municipality. As such, it
possesses the power to preempt state law in areas of local and municipal
concern. Planning and zoning is a traditional area of local and municipal
concern, and the courts for the most part have allowed home rule legislation to
preempt state statute (except with respect to vested rights). The purpose of the
deletion of the quoted language is to remove from the Town's ordinances any
basis for an argument that the Town's regulations do not preempt state law.
The Council should be aware that the school district is not
involved in this discussion. The school district law deals specifically with
school facilities, and that statute, CRS 22-32-124, is not preempted.
Staff requests that the Town Council adopt the proposed
ordinance on first reading.
Jwd:ipse
TOWN OF AVON, COLORADO
ORDINANCE NO. 07-08
SERIES OF 2007
AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN
OF AVON, AS IT RELATES TO APPLICABILITY TO PUBLIC AGENCIES
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Amendment. Section 17.04.080, Chapter 17.04 of Title 17, Avon
Municipal Code, is amended to read as follows:
The provisions of this Title shall apply to all public bodies, districts and agencies of the
federal, state, county and municipal governments.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 14th day of August, 2007, and a public hearing on this ordinance shall
be held at the regular meeting of the Town Council on the 28th day of August, 2007, at 5:30
P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon,
Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the day of 32007.
i
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney