TC Ord. No. 2004-16 Amending section 2.08.040 Avon Muni code realting to the jurisdiction of the muni courtTOWN OF AVON, COLORADO
ORDINANCE NO. 04-16
SERIES 2004
AN ORDINANCE AMENDING SECTION 2.08.040, AVON
MUNICIPAL CODE, RELATING TO THE JURISDICTION OF
THE MUNICIPAL COURT
WHEREAS, Section 10.2, Town of Avon Home Rule Charter, provides
that there shall be a municipal court vested with exclusive original jurisdiction of
all causes arising under the ordinances of the Town as may be conferred by law;
and
WHEREAS, this Ordinance is adopted in implementation of said Section
10.2 to limit the jurisdiction of the municipal court conferred by the laws and
ordinances of the Town;
BE IT ORDAINED by the Town Council of the Town of Avon, Colorado, as
follows:
Section 1. Amendment. Section 2.08.040 of Chapter 2.08, Title 2, Avon
Municipal Code, is amended by designating it subsection (a) and by adding a subsection
(b) to provide as follows:
(b) The Municipal Court shall not have jurisdiction over any civil action against
the Town, including any claim brought pursuant to Rule 106, Colorado Rules of Civil
Procedure.
INTRODUCED, READ, APPROVED, AND ORDERED POSTED this 12th day
of October, 2004 and a public hearing shall be held on this Ordinance on the 26th day of
October, 2004 at 5:30 in. in the Council Chambers of the Avon Municipal Building,
Avon, Colorado'- OF
A TT
I J P Albert D. Reynolds, Ma
ATTEST: °
Clerk
READ AND APPROVED ON SECOND READING AND ORDERED POSTED
the 26"' day of October, 2004.
OF q ~
1, a
Iee
ATTEST:
Albert D. Reynolds, May
C
-Q--I n P y Kenny, Clerk
APPROVED AS TO FORM:
",&)n
John W. Dunn, Town Attorney
Ordinance No. 04-16 Muni Court
Page 2 of 2
• MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: ORDINANCE DEFINING JURISDICTION OF THE
MUNICIPAL COURT
DATE: October 4, 2004
On your agenda is an ordinance limiting the jurisdiction of the municipal court so
that it does not include any claims against the Town.
This ordinance is adopted in response to a decision of the Colorado Supreme Court
earlier this year, Town of Frisco v. Baum, 90 P.3d 845 (Colo. 2004). In that case,.the court held
that, under the language of the Frisco Town Charter, the exclusive jurisdiction of any claims
against the Town of Frisco is vested in the Frisco Municipal Court. The court upheld a decision of
Judge Ruckriegle, dismissing a Rule 106 appeal of a zoning decision of the Frisco Town Council
which had been filed in Summit County District Court.
That decision has been under extensive discussion by municipal attorneys, at their
meetings in Steamboat Springs in August and Crested Butte in September. The consensus of the
municipal attorneys is that the decision is not in the best interest of the municipalities or the public
and that some action should be taken to avoid the result of the decision. The thinking of the
municipal attorneys is that municipal court is not an appropriate venue for zoning cases and that,
because there is an appeal from decisions of the municipal court to the district court, the effect is to
add an unnecessary step to the process. Some municipalities are contemplating a charter
amendment to remove the language of charters which vest "exclusive original jurisdiction" in the
municipal court, as does the Frisco charter. The Town of Avon has such language in its charter,
although that language is qualified by the language, "as may be conferred by law."
It is my opinion that the qualifying language permits the council, by ordinance, to
avoid the result of the Baum decision. Last week, in a conference call with the Vail, Breckenridge
and Minturn attorneys, whose charters are nearly identical as to the jurisdiction of the municipal
court, a consensus was reached to the same effect, and I expect that those three municipalities have
adopted or will adopt similar ordinances. The issue has also been reviewed with Judge Allen, who
agrees with the action being taken and who in particular feels that it would be a blatant conflict of
interest for the municipal judge to hear cases against the municipality.
Depending on how this issue plays out over the next two years, the council may
want to consider a charter amendment at the next regular municipal election. At this time, I do not
think that step is necessary.
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5.30 P.M. ON THE 26T" DAY OF OCTOBER
2004, AT THE AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON,
COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF THE
FOLLOWING ORDINANCES:
Ordinance No. 04-16, Series of 2004, First Reading, An Ordinance Amending
Section 2.08.040, Avon Municipal Code, Relating to the Jurisdiction of the Municipal
Court (John Dunn) - Legislation addressing a decision of the Colorado Supreme
Court made earlier this year regarding municipal court and the appropriate venues
for zoning appeals.
Ordinance No. 04-17, Series of 2004, First Reading, An Ordinance Approving The
Third Amendment (The "Third Amendment") To The Annexation And Development
Agreement For The Village,(At Avon) Dated As Of October 13, 1998, And Recorded
On November 25, 1998, At Reception. No. 677743, As Amended By The First
Amendment To Annexation And Development Agreement Dated As Of November
13, 2001, And Recorded On December 12, 2001, At Reception No. 779049, And
The Second Amendment To Annexation And Development Agreement Dated As Of
May 27, 2003, And Recorded On July 30, 2003, At Reception No. 842248 (As So
Amended, The "Development Agreement'); And Authorizing And Instructing The
Mayor Of The Town To Sign The Third Amendment On Behalf Of The Town.
A copy of said Ordinances are attached hereto, and are also on file at the office of the
Town Clerk, and may be inspected during regular business hours, Monday through Friday,
8AM-5 PM.
Following this hearing, the Council may consider final passage of this Ordinance. This
notice is given and posted by order of the Town Council of the Town of Avon, Colorado
TOWN OF AVON, COLORADO
BY: Patty McKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
OCTOBER 15, 2004.
✓ AVON MUNICIPAL BUILDING, MAIN LOBBY
✓ ALPINE BANK, MAIN LOBBY
✓ AVON RECREATION CENTER, MAIN LOBBY
✓ CITY MARKET, MAIN LOBBY
STATE OF COLORADO)
COUNTY OF EAGLE) SS
TOWN OF AVON 1
NOTICE IS HEREBY GIVEN THAT THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO ADOPTED ON THE 26TH DAY OF OCTOBER 2004 THE FOLLOWING
ORDINANCES:
Ordinance No. 04-16, Series of 2004, First Reading, An Ordinance Amending Section
2.08.040, Avon Municipal Code, Relating to the Jurisdiction of the Municipal Court (John
Dunn) - Legislation addressing a decision of the Colorado Supreme Court made earlier this
year regarding municipal court and the appropriate venues for zoning appeals.
Ordinance No. 04-17, Series of 2004, First Reading, An Ordinance Approving The Third
Amendment (The "Third Amendment") To The Annexation And Development Agreement For
The Village (At Avon) Dated As Of October 13, 1998, And Recorded On November 25,
1998, At Reception No. 677743, As Amended By The First Amendment To Annexation And
Development Agreement Dated As Of November 13, 2001, And Recorded On December
12, 2001, At Reception No. 779049, And The Second Amendment To Annexation And
Development Agreement Dated As Of May 27, 2003, And Recorded On July 30, 2003, At
Reception No. 842248 (As So Amended, The "Development Agreement'); And Authorizing
And Instructing The Mayor Of The Town To Sign The Third Amendment On Behalf Of The
Town.
A copy of said Ordinances are attached hereto, and are also on file at the office of the Town Clerk,
and may be inspected during regular business hours, Monday through Friday, 8 AM - 5 PM.
This notice is given and posted by order of "the Town Council of the Town of Avon, Colorado
TOWN OF AVON, COLORADO
BY: Patty McKenny
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
NOVEMBER 1, 2004
✓ AVON MUNICIPAL BUILDING, MAIN LOBBY
✓ ALPINE BANK, MAIN LOBBY
✓ AVON RECREATION CENTER, MAIN LOBBY
✓ CITY MARKET, MAIN LOBBY