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TC Ord. No. 2014-20 Amending Title 1 of Avon Municipal Code To Designate The Manner and Medium Of Publishing And Posting OrdinancesTOWN OF AVON, COLORADO ORDINANCE 14 -20 SERIES of 2014 AN ORDINANCE AMENDING TITLE 1 OF THE AVON MUNICIPAL CODE TO DESIGNATE THE MANNER AND MEDIUM OF PUBLISHING AND POSTING ORDINANCES WHEREAS, the Avon Home Rule Charter states, "Section 6.7 Publication of Ordinances. Ordinances shall be published or posted in the manner and medium prescribed by Council by ordinance. "; and, WHEREAS, the Town Council desires to adopt an ordinance to designate the manner and medium of publishing and posting ordinances and codify such designation in the Avon Municipal Code; and, WHEREAS, the Town Council of the Town of Avon finds that designation of the manner and medium of publishing and posting ordinances shall promote the efficiency of Town administration and will thereby promote the health safety and welfare of the Avon community; and, WHEREAS, the Town Council of the Town of Avon conducted a public hearing for second and final reading on January 13, 2014 in accordance with Section 6.5 of the Avon Home Rule Charter; 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 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, 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 Title 1 General Provisions. Title 1, is amended by adding a new Chapter 1.16 Publishing and Posting Ordinances which shall read as follows: CHAPTER 1.16 Publishing and Posting Ordinances Page 1 of 3 Ord No. 14 -20 Amending Title 1 AMC Publishing and Posting Ordinances 1.16.010 Publishing and Posting Requirements. All ordinances shall be published and posted in the manner and medium as set forth herein. (a) Prior to First Reading. Notice of consideration of an ordinance is not required to be published or posted prior to first reading. (b) After First Reading. Upon adoption of an ordinance on first reading notice shall be given by posting a notice that the ordinance was adopted on first reading at the Avon Town Hall, Avon Recreation Center and Avon Library, and such notice shall state the title only of the ordinance, any penalty provisions, the time, date and place of a public hearing for second reading, and shall state that the full text of the ordinance is available for inspection at the Avon Town Hall during normal business hours and on the Town of Avon's official website. Publication of the notice in a newspaper of general circulation in the Town of Avon of adoption of an ordinance on first reading is not required. (c) After Second and Final Reading. Upon adoption of an ordinance on second and final reading notice shall be given by posting a notice at the Avon Town Hall, Avon Recreation Center and Avon Library and publishing a notice in a newspaper of general circulation in the Town of Avon, and such notice state the title only of the ordinance, any penalty provisions and shall state that the full text of the ordinance is available for inspection at the Avon Town Hall during normal business hours and on the Town of Avon's official website. Section 3. Correction of Errors. 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 topographical 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. Page 2 of 3 Ord No. 14 -20 Amending Title 1 AMC Publishing and Posting Ordinances Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after final adoption 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. 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, Avon Recreation Center and 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 AND ORDERED POSTED on December 9, 2014 and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on January 13, 2015, at 5:30 P.M., or as soon thereafter as possible, in the Council Chambers, Avon Muni i ;Zju al Building, Street, Avon, Colorado. / _ e ie Fancher, Mayor Notice of adoption of first reading posted at least six days prior to final action by the Town Council. ATTEST: Debbie Hoppe, To n Clerk INTRODUCED, FINALLY APPROVED, A D PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on anuary 13, 2015. — � � kk'�- f;�Aw� Je ie ancher, Mayor Notice of adoption on second and final reading posted and published. ATTEST: Debbie Hoppe, Toi4n Clerk APP D AS F Eric Heil, n Attorney Page 3 of 3 Ord No. 14 -20 Amending Title 1 AMC Publishing and Posting Ordinances