TC Ord. 18-09 Amending Section 2.30.120(b) Public Contracts of the Avon Municipal CodeTOWN OF AVON, COLORADO
ORDINANCE 18-09
AMENDING SECTION 2.30.120(b) — PUBLIC CONTRACTS
OF THE AVON MUNICIPAL CODE
WHEREAS, the Town of Avon, Colorado ("Town") is a home rule municipality existing
pursuant to the laws of the Colorado Constitution, the Colorado Revised Statutes and the Town's
Home Rule Charter; and
WHEREAS, the Town Council finds that stringent ethical standards are essential for the
best function of the Avon Town government and are necessary to promote public confidence in
the Avon Town government; and
WHEREAS, the Town Council finds that Section 2.30.120 Public Contracts is more
stringent that the State Standards of Conduct and is not appropriate for advisory committees
which benefit from broad inclusion for the Avon community;
WHEREAS, the Avon Town Council finds that amendments to Section 2.30.120 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 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, THERFORE, 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. Amendment to Section 2.30.120(b) of the Avon Municipal Code. Section
2.30.120(b) of the Avon Municipal Code is hereby amended to enact a new sub -section (3) to
read as follows:
"(3) Contracts with, or compensation provided to, members of advisory commissions,
committees and boards if the subject matter of such contract or compensation does not
relate to the subject matter or advisory role of the commission, committee or board."
Section 3. 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
Ord 18-09 Amending Town Code of Ethics
FINAL — July 24, 2018
Page 1 of 3
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
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. 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 (30) 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
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. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[Execution Page follows]
Ord 18-09 Amending Town Code of Ethics
FINAL — July 24, 2018
Page 2 of 3
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on July 10, 2018 and setting such public hearing for July 24, 2018 at the Council
Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
ATTEST:
Debbie Hoppe, Town'Clerk
ADOPTED ON SECOND AND FINAL READING on July 24, 2018.
B ATTEST:
xlnie Fancher, Mayor De bie Hoppe, Town Vil rk
APPROVED AS TO
Ord 18-09 Amending Town Code of Ethics
FINAL — July 24, 2018
Page 3 of 3
0F A
S E A. L