TC Ord. No. 20-13 Referring a Proposed Amendment to the Avon Home Rule Charter Regarding Compensation of Town Council to an Election of the Town of AvonA
Avon
C O L O R A D O
ORDINANCE NO. 20-13
REFERRING A PROPOSED AMENDMENT TO THE AVON HOME RULE CHARTER
REGARDING COMPENSATION OF TOWN COUNCIL TO AN ELECTION OF THE
TOWN OF AVON
WHEREAS, the Town of Avon, Colorado, (the "Town"), is a home rule municipality, organized
and existing under Article XX, Section 6 of the Colorado Constitution; and
WHEREAS, pursuant to C.R.S. §31-2-210(1)(b) the Avon Town Council (the "Council") 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; and
WHEREAS, Section 4.8 of 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 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, the Council submits the following amendment to the Charter 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, approval of this Ordinance on first reading is intended only to confirm that the
Town 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 Town
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.
Ord 20-13 Amendment to Charter Relating to Council Compensation September 8, 2020
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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 by reference
and adopted as findings and determinations of the Town Council.
Section 2. Ballot Ouestion. 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. ; provided, h ..,eveF, that the , e satin„ of an..member- du -ing
his aF her- tefm of e ffiee shall not be : o ed or- aeeFeasea 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. 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 4. Effective Date. This ordinance shall become effective on the first day of the
month that is at least thirty (30) days after date of its adoption.
Section 5. 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.
Ord 20-13 Amendment to Charter Relating to Council Compensation September 8, 2020
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Section 6. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
Ord 20-13 Amendment to Charter Relating to Council Compensation September 8, 2020
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INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on August 25, 2020 and setting such public hearing for September 8, 2020 at the
Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way,
Avon, Colorado.
BY: ATTEST:
/ Bowra OF oN
Sarah Smith Hymes, Mayor Brenda Torres, Town erk
ADOPTED ON SECOND AND FINAL READING on September 8, 2020.
BY: ATTEST: Zvs\:50F AVp
Sarah Smith Hymes, Nuyor Brenda Torres, Tow Cleric
APPROVED S TO FORM:
4aul Wisor, Town Attorney
Ord 20-13 Amendment to Charter Relating to Council Compensation September 8, 2020
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