TC Ord. No. 2014-02 Amending Section 2.32 of the TOA CodeTOWN OF AVON, COLORADO
ORDINANCE NO. 14 -02
SERIES OF 2014
AN ORDINANCE AMENDING CHAPTER 2.32 OF THE AVON
MUNICIPAL CODE REGARDING RESIDENCY OF COUNCIL
MEMBERS
WHEREAS, the Town finds that the review criteria for determination of Council member
residency and qualification for serving as a Council member should be updated and should be
clarified; and
WHEREAS, the Avon Home Rule Charter, Section 4.6(c) states, "The Town Council shall
be the judge of election and qualification of its own members. "; and
WHEREAS, it is the Town Council finds that the health, safety and welfare of the citizens of
the Town of Avon would be enhanced and promoted by updating and clarifying the review
criteria for Council member residency; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon Municipal Code and 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 the proposed amendment to the Avon Municipal
Code.
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. Amendment to Avon Municipal Code Section 2.32.090. Section 2.32.090
Relevant evidence. of the Avon Municipal Code is repealed in its entirety and reenacted to read
as follows:
2.32.090 Relevant evidence.
The Council may consider any relevant evidence to determining primary residency
and loss of home or place of abode, including but not limited to:
(a) Ownership or leasehold interest of a residence within Town;
(b) Location of another residence not in Town and owned or leased by the affected
Council member and used by such Council member for residential purposes;
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January 28, 2014 FINAL
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(c) Voter registration address;
(d) Driver's license registration address; and
(e) Address on Federal and State tax returns.
Section 3. Enactment of Avon Municipal Code Section 2.32.095. Section 2.32.095
Relevant evidence to intent to return. of the Avon Municipal Code is hereby enacted to read as
follows:
2.32.095 Relevant evidence of intent to return.
In the event a Council member loses his or her home or place of abode within the
Town, Council may consider any relevant evidence to determine the affected Council
member's intent to re- establish primary residency in the Town, including but not limited
to:
(a) Expressed intent of the affected member to re- establish a home or place of abode in
Avon within six (6) months after losing residency; however, although this expressed
intent shall be very important in making the determination of continued residency, it
shall not be the sole criteria;
(b) Activities of the affected member in re- establishing a home or place of abode within
Town;
(c) Location of current habitation of the affected member;
(d) Length of time the affected member has resided at the out -of -Town habitation; and,
(e) Any change of address to the affected member's voter registration, driver's license, or
Federal or State tax returns.
Section 4. 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 5. 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
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January 28, 2014 FINAL
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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 6. 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 7. 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 8. No Existing 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
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 9. 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 in at least three public
places within the Town and posting at the office of the Town Clerk, 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.
[Execution Page Follows]
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INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for January 28,
2014 at the Council Chambers of the Avon Munici a uilding, located at One La Street,
Avon, Colorado, on January 14, 2014.
odd Goulding, Ma o Tem
r
Published by posting in at leas e is places in Town and osting at the office of the Town
Clerk at least seven days pr' �e�`�inRA by the Town Council.
AS TO
M
own Attorney
G, AND
Published by posting by title
office of the Town Clerk. 4
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January 28, 2014 FINAL
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the