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TC Ord. No. 2007-08 Amending Title 17 municipal code of the TOA as it relates to applicability to public agenciesTOWN OF AVON, COLORADO ORDINANCE NO. 07-08 SERIES OF 2007 AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO APPLICABILITY TO PUBLIC AGENCIES COLORADO: BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, Section 1. Amendment. Section 17.04.080, Chapter 17.04 of Title 17, Avon Municipal Code, is amended to read as follows: The provisions of this Title shall apply to all public bodies, districts and agencies of the federal, state, county and municipal governments. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 14th day of August, 2007, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 28th day of August, 2007, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. A.. 11 •t~ Jj l ~v 'e SHAL e' 1, r ATTEST: '/h^'ti ° J. ~zv C ~f tcdfenny To Clerk Ronald C. Wolfe, Mayor INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the Z -day of of , 2007 C Ronald C. Wolfe, Mayor r ' ov ~ ATTEST: P T~ V 1 lr ' ' atty M Kenny, T Cfl Clerk APPROVED AS TO FORM: Jo W. Dunn, Town Attorney MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: APPLICABILITY OF TITLE 17 TO PUBLIC AGENCIES DATE: August 28, 2007 Section 17.04.080 makes the Town's zoning applicable to governmental agencies "to the extent permitted by law." The proposed amendment to that section would delete that language. It is unclear why the language was included in the first place. The concern is that the inclusion of the language could raise some issue as to the relationship of the Town's zoning and the requirements of state law. The Town of Avon is a home rule municipality. As such, it possesses the power to preempt state law in areas of local and municipal concern. Planning and zoning is a traditional area of local and municipal concern, and the courts for the most part have allowed home rule legislation to preempt state statute (except with respect to vested rights). The purpose of the deletion of the quoted language is to remove from the Town's ordinances any basis for an argument that the Town's regulations do not preempt state law. The Council should be aware that the school district is not involved in this discussion. The school district law deals specifically with school facilities, and that statute, CRS 22-32-124, is not preempted. Staff requests that the Town Council adopt the proposed ordinance on second reading. It was adopted on first reading without change. Jwd:ipse i MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: APPLICABILITY OF TITLE 17 TO PUBLIC AGENCIES DATE: August 14, 2007 Section 17.04.080 makes the Town's zoning applicable to governmental agencies "to the extent permitted by law." The proposed amendment to that section would delete that language. It is unclear why the language was included in the first-place. The concern is that the inclusion of the language could raise some issue as to the relationship of the Town's zoning and the requirements of state law. The Town of Avon is a home rule municipality. As such, it possesses the power to preempt state law in areas of local and municipal concern. Planning and zoning is a traditional area of local and municipal concern, and the courts for the most part have allowed home rule legislation to preempt state statute (except with respect to vested rights). The purpose of the deletion of the quoted language is to remove from the Town's ordinances any basis for an argument that the Town's regulations do not preempt state law. The Council should be aware that the school district is not involved in this discussion. The school district law deals specifically with school facilities, and that statute, CRS 22-32-124, is not preempted. Staff requests that the Town Council adopt the proposed ordinance on first reading. Jwd:ipse TOWN OF AVON, COLORADO ORDINANCE NO. 07-08 SERIES OF 2007 AN ORDINANCE AMENDING TITLE 17, MUNICIPAL CODE OF THE TOWN OF AVON, AS IT RELATES TO APPLICABILITY TO PUBLIC AGENCIES BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Section 17.04.080, Chapter 17.04 of Title 17, Avon Municipal Code, is amended to read as follows: The provisions of this Title shall apply to all public bodies, districts and agencies of the federal, state, county and municipal governments. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 14th day of August, 2007, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 28th day of August, 2007, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING AND ORDERED POSTED the day of 32007. i Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk APPROVED AS TO FORM: John W. Dunn, Town Attorney