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TC Ord. No. 2015-14 Enacting Chapter 2.34 qualifications of Council Members and Planning & Zoning Commission Members of the Avon Municipal CodeTOWN OF AVON, COLORADO ORDINANCE NO. 15 -14 SERIES OF 2015 AN ORDINANCE ENACTING CHAPTER 2.34 QUALIFICATIONS OF COUNCIL MEMBERS AND PLANNING AND ZONING COMMISSION MEMBERS OF THE AVON MUNICIPAL CODE 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; WHEREAS, Section 4.6(c) states that, "Council shall be the judge of ... qualifications of its own members "; WHEREAS, the Avon Town Council established a Planning and Zoning Commission and set forth the qualification of Planning and Zoning Commission members in Section 7.12.040 of the Avon Development Code and has the authority to amend and supplement the qualifications of Planning and Zoning Commission members; and, WHEREAS, the Avon Town Council finds that the disqualification of Council members and Planning and Zoning Commission members with certain employment relationships will avoid the appearance of conflicts of interest, avoid the potential for any inappropriate influence in the perforinance of official duties and actions, and will promote the public confidence in the integrity of Avon Town Council and Avon Planning and Zoning Commission; WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application 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, supports, approves, rejects, or denies this ordinance; 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. Section Enacted. Chapter 3.08 Sales Tax of the Avon Municipal Code is hereby amended by enacting a new Section 3.08.037 Temporary tax credit to read as follows: "CHAPTER 2.34 — Qualifications of Council members and Planning Commission members Ord 15 -14 Qualification of Council and PZC SECOND READING — December 8, 2015 Pagel of 3 (a) Disqualification for Employment Relationship. For the purpose of avoidance of any appearance of a conflict of interest and for the avoidance of any potential for inappropriate influence of elected or appointed officials arising from employment relationships, the following additional qualifications shall apply to Council members and Planning Commission members: (1) Definition. For the purposes of this Section (a) only, the following definitions shall apply: Employment relationship means the following relationships between two or more persons: employer and employee; direct supervisor and subordinate; and, owner and agent, consultant or contractor where such relationship results in more than 10% of the gross annual revenues of such agent, consultant or contractor. Official means a Town Council members or a Planning and Zoning Commission member. (2) Disqualification of Officials. In addition to other qualifications established by the home rule charter, this municipal code and applicable statutes, an Official shall be disqualified to hold a position on Council or the Planning and Zoning Commission if such Official has an employment relationship with another Official on the same governing body or commission. If such employment relationship exists at the time of election or appointment, such Official shall not be qualified to be sworn in or commence serving the position. If such relationship arises after such Official is elected or appointed, then such employment relationship shall be disclosed at the next meeting of such governing body or commission and such Officials shall not be permitted to vote on any matters. If such disclosed employment relationship continues until the next meeting of the governing body or commission then both (or more) such Officials shall be deemed disqualified and removed from the governing body or commission by motion of the remaining members. Any member of the Council or Planning and Zoning Commission may raise the question as to whether an employment relationship exists. The unaffected members of the Council and Planning and Zoning Commission shall determine whether an employment relationship exists as applied to specific facts and circumstances." Section 3. Codification 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 4. Non - 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 or enforceable, such invalidity or effect shall render the entire ordinance void and not effective, it being the intention of the Council that is this all provisions of this Ordinance are not severable and that Council would not have adopted this Ordinance if any provision of this Ordinance is invalid or not effective. 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 Ord 15 -14 Qualification of Council and PZC SECOND READING — December 8, 2015 Page 2 of 3 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 (30) days after public notice following 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. 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 November 17, 2015 and setting such public hearing for December 8, 2015 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado. BYO I 1 /,_ /I i ATTEST: 9T�iu%e-Tancher, Mayor Debbie Hoppe, Towri Clerk �CgPTED O)i' E OND AND FINAL READING on December 8, 2015. XATTEST: Annie Fancher, Mayor /1 Debbie Hoppe, TUn Clerk Eric J. 1Wq%ow7h Attorney Ord 15 -14 Qualification of Council and PZC SECOND READING —December 8, 2015 Page 3 of 3