TC Ord. No. 21-12 Amending Section 2.02.010 Departments EnumeratedA
Avon
COLORADO
ORDINANCE NO.21-12
AMENDING AVON MUNICIPAL CODE
SECTION 2.02.010 — DEPARTMENTS ENUMERATED
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; and
WHEREAS, Section 8.8 — Administrative departments of the Avon Home Rule Charter
provides that Council shall consolidate departments upon recommendation of the Town
Manager; and
WHEREAS, consolidation of Department and reduction of direct reports to the Town Manager
has been studied over the last two years; and
WHEREAS, consolidation of Public Works, Engineering, Mobility and Fleet into one Public
Works Department will promote efficiency and coordination across these existing departments,
and will thereby improve the effectiveness of providing government services and overseeing the
design, construction and maintenance of public facilities and infrastructure; and
WHEREAS, the Town Council finds that consolidation of the 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 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.
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. Repealed and Re-enacted. Avon Municipal Code Section 2.02.010 —
Departments enumerated is hereby repealed in its entirety and re-enacted to read as follows:
2.02.010 — Departments enumerated.
The administrative departments of the Town shall be as follows:
Ord 21-12 Amending Section 2.02.010 — Departments Enumerated
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(a) General Government
(b) Finance
(c) Human Resources
(d) Community Development
(e) Public Works
(f) Police
(g) Recreation
Section 3. Transition and Implementation. The Town Manager is authorized and directed
to administer the transition from existing departments to consolidated departments in a manner
and timeframe which is efficient and which minimizes disruption in the Town Manager's
discretion.
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 days 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 ExistinE 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
Ord 21-12 Amending Section 2.02.010 — Departments Enumerated
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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. 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.
Section 9. 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 October 12, 2021 and setting such public hearing for October 26, 2021 at the
Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way,
Avon, Colorado.
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BY: ATTEST:
Sarah Smith Hymes, ayor Brenda Torres, To CPek <<#
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ADOPTED ON SECOND AND FINAL READING on October 26, 2021..
BY: ATTEST:
Sarah Smith Hy e , Mayor
APPROVED AS TO FORM:
arl Ha�Wn,`�Interim Town Attorney
Ord 21-12 Amending Section 2.02.010—Departments Enumerated
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