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TC Ord. No. 2013-04 Amend AMC Establish Parks & Rec Dept.TOWN OF AVON, COLORADO ORDINANCE NO. 13 -04 SERIES OF 2013 AN ORDINANCE AMENDING SECTION 2.02.010 OF THE TOWN OF AVON MUNICIPAL CODE TO ESTABLISH A PARKS AND RECREATION DEPARTMENT AND ELIMINATE THE HUMAN RESOURCES AND TRANSPORTATION ADMINISTRATIVE DEPARTMENTS 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; WHEREAS, Section 2.02.010 of the Avon Municipal Code establishes the administrative departments of the Town; WHEREAS, after a review of the functions and duties of the Public Works Department Parks and Facilities Division, it has been determined that this work is best administered under the direction of the Recreation Director and will result in greater efficiency and cost savings; that changing the name of the Recreation Department to the Parks and Recreation Department will more fully state the relationship of the Town's parks to the recreational activities of the Town; that the Human Resources and Transportation departments no longer function as discrete departments but rather are divisions within Administrative Services and Public Works, respectively; and that correcting the status of Human Resources and Transportation in Chapter 2.02 should be completed at this time; WHEREAS, Section 8.3(g) of the Avon Home Rule Charter states in part that the Town Manager shall recommend to Council any proposal he or she thinks advisable to establish, consolidate or abolish administrative departments and the Town Manager has provided recommendations concerning the proposed changes to administrative departments in this Ordinance; WHEREAS, the Town Council finds that the reorganization of the Parks and Facilities Division to be administered by a retitled Parks and Recreation Department will promote the health, safety and general welfare of the Avon community; WHERAS, the Town Council desires to correct the current listing of administrative departments to eliminate Human Resources and Transportation as discrete departments; and, WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application 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, supports, approves, rejects, or denies this ordinance; Ord 13 -04 Establishing a Parks and Recreation Department, February 12, 2013 Page 1 of 3 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. Section 2.02.010 Amended. Section 2.02.010 of the Avon Municipal Code is hereby amended by repealing and re- enacting such section in its entirety to read as follows: "2.02.010 Departments Enumerated. The administrative departments of the Town shall be as follows: (a) Community Development (b) Public Works (c) Police (d) Finance (e) Administrative Services (f) Parks and Recreation (g) Transportation (h) Engineering" Section 3. Codification 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 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 (30) days after public notice following 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 Ord 13 -04 Establishing a Parks and Recreation Department, February 12, 2013 Page 2 of 3 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. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title at the Avon Town Hall, the Avon Recreation Center and the Avon Public Library which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for February 26, 201' ) at Ceas s of the Avon Municipal Building, located at One Lake Street, Avon, ColoradRic arroll, Mayor Publishvon Town Hall, the Avon Recreation Center and the Avon Public Library or to final action by the Town Council. Ord 13 -04 Establishing a Parks and Recreation Department, February 12, 2013 Page 3 of 3