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TC Resolution 20-22 Regarding Compensation of Town Council to an Election of the Town of AvonAvon C O L O R A D O RESOLUTION 20-22 SERIES 2020 REFERRING A PROPOSED AMENDMENT TO THE AVON HOME RULE CHARTER REGARDING COMPENSATION OF TOWN COUNCIL TO AN ELECTION OF THE TOWN OF AVON WHEREAS, Section 4.8 of the Town of Avon (the "Town") Home Rule Charter (the "Charter") provides "[t]he members of the Council shall receive such compensation, and the Mayor such additional compensation, as the Council shall prescribe by ordinance; provided, however, that the compensation of any member during his or her term of office shall not be increased or decreased"; and WHEREAS, Section 4.8 of the Charter prohibits a member of Avon Town Council (the "Council") from decreasing or declining a salary during their term of service on Council; and WHEREAS, Council believes members of Council should be able to reduce their compensation or decline such compensation during their term in office; and WHEREAS, C.R.S. §31-11-111(2) authorizes the Town to submit any question to the vote of the registered voter of the municipality by adoption of a resolution; and WHEREAS, C.R.S. § 1-5-203(3)(a) provides the designated election official of each political subdivision must certify the ballot order and content for the 2020 General Election by September 4, 2020; and WHEREAS, C.R.S. §31-2-210(1)(b) provides the Town may initiate the amendment of the Avon Home Rule Charter (the "Charter") by adopting an ordinance to refer proposed Charter amendments to a vote of the registered electors of the Town of Avon; WHEREAS, Council adopted Ordinance 20-13 at First Reading and setting a public hearing for September 8, 2020, which Ordinance 20-13 will submit the question of amending the Charter as set forth below to the registered electors of the Town; and WHEREAS, Council desires to direct the Town Clerk, as designated election official, to include the following amendment to the Charter in the ballot content to be submitted to a vote of the registered electors of the Town; and WHEREAS, the Town Council adopts the ballot title of "Amendment to Avon Home Rule Charter Regarding Decrease in Compensation of Members of Council"; and WHEREAS, the election to adopt the amendment will take place at the next regular election, to be held on November 3, 2020; and WHEREAS, if a majority of the electors approve the amendment, the Charter will thereby be amended; and WHEREAS, the Avon Town Council hereby finds, determines and declares that this Resolution will promote the health, safety and general welfare of the Avon community. Res 20-22 Amendment to Charter Relating to Conneil Compensation Page 1 of 3 NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated by reference and adopted as findings and determinations of the Town Council. Section 2. Ballot Question. The Town Council hereby refers the following ballot question to the voters of the Town of Avon: "SHALL THE Home Rule Charter of the Town of Avon be amended by amending and readopting Section 4.8 — Compensation, as follows: Section 4.8 - Compensation. The members of the Council shall receive such compensation, and the Mayor and Mayor Pro -Tem, such additional compensation, as the Council shall prescribe by ordinance. ; p idea, however-, that the eempeasation of all-, member during his er- her- teFm ofeffieshall not be inere-ased or- deer -eased. The compensation of any Council member may not be increased or decreased by Council during such Council member's term in office. A Council member may individually and unilaterally choose in writing to decrease or decline that Council member's compensation temporarily or for the remainder of that Council member's term. The Mayer -and members of the Council may, upon order of the Council, be paid their actual and necessary expenses incurred in the performance of their duties of office?" Section 3. Town Clerk is Designated Election Official. The Town Clerk is hereby appointed as the designated election official of the Town for performing acts required or permitted by law in connection with the election. The Town Clerk is hereby directed to certify the ballot content, including the amendment set forth herein, to the Eagle County Clerk and Recorder. [SIGNATURE PAGE FOLLOWS] Res 20-22 Amendment to Charter Relating to Council Compensation Page 2 of 3 ADOPTED this 25th day of August 2020. AVON WN COUNCIL By: - Attest: Sarah Smith-Hymes, May Brenda Torres, Town Res 20-22 Amendment to Charter Relating to Council Compensation Page 3 of 3