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HomeMy WebLinkAbout1993 Ordinance No. 057·• • • ORDINANCE NO . 0 SERIES OF 1993 BY AUTHORITY COUNCIL BILL NO. 63 INTRODUCED BY COUNCIL MEMBER HABENICHT 110 AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, CREATING THE "ENGLEWOOD MUNICIPAL GOLF COURSE ENTERFRISE"; ESTABIJSHING PROCEDURES IlELATING THERETO; AND REPEALING ORDINANCES OR OTHER ACTS INCONSISTENT HEREWITH . WHEREAS , e City of Englewood, Colorado (the "City"), ia a home . 1;y and political subdivision of the State of Colorado, duly organized anJ operatini: under ii.a City Charter (the "Charter") and the constitution and lawa of the St,,:.O ; and WHEREAS, punuant to Article XII , Section 120 oftt,r. Cl,arter, the City Council oftn• City (the "Council") 11 to pro, !de, by ordinance, for the planning and superviaion of a community recreation program and for equipping and maintaininc City-owned or controlled parks , recreational areas, and facilities, both in and outside the c,,rporate City limits, which functions shall be under the direction of the City Manager; and WHEREAS, the City has heretoCore • tabliahed, acquired, operated, and maintained that certain Engle,.•ood Municipal Golf Coune (the "Golf Course") as a e<•,umunity recreation program; and WHEREAS, pursuant to Article X, Po.rt Ill, Section 105 of the C:.arter, the City may issue re·,e"ue bonds as provided by statutes of the State for municipalitie ■ of every clu1; and WHEREAS, among other statutes, the City i1 authorized by §30-20-301, ,lag., C.R.S., to iuue anticipation wsrranta for the purpoae of defraying the coat of the construction, erection, recon• struction, or improvement of existing facilities ; and WHEREAS, purauant to Article X. Section 20 of the Colorado Con1titulion ('TABOR"), an "enterprise" is a government-owned buainess authorized to issue its own revenue bonds and receiving under 10% of annual revenue in grants from all Colorado atata and local i:ovemments combined ; and · WHEREAS, under TABOR, the issuance of debt or other financial obligations by enterprises is not restricted; and WHEREAS, the Golf Course ha1 been and conlinuu to 1,e operated 81 an enterpriae in that it is a governm ent-owned business , which business ia aut~!Ci•ized to issue its own revenue bonds pursuant to §30-20•301, n UJl., C.R.S ., and which business receives under 10% of its annual revenue in grents from all Colorado 1tate and local covemmenta combined; and WHEREAS , it is the intent of the City to continue the operation of the Golf Coune 81 an enterprise within the meani ng of TABOR , and to formally establish the "City of Enclewood Golf Course Ente rpri se"; -1 - J NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : ~ Establishment of Enterprise. There is hereby estahli1hed the "City of Enclewood Golf Course Enterprise" (tl,e "Enterprise"). The Enterprise .,hall con1i1t of the bu1ine u represented by the City"s golf course and related facilities and properties currently known as the "Englewood Municipal Golf Course" and located at 2101 West Oxford, in Englewood, Colorado, whether now owned or hereaft.er acquired, whether situated within or without th• City boundaries, and includ:,ng all r,resent or future improvements, extensions, enlargementl, betterment's, replacements, or additions thereof or thereto, including apecifically the proposed expansion of the golf course to con ■ist generally of an additional 9 holes and clubhouse improvements and renovations (the "Golf Course'"). Unleu specifically provided by ordinance, other recreational facilities not located on or contiguous to the property now comprising the golf course ■hall not be included as part of the term "Golf Course". The Enterprise shall have all of the authority, powers , rights, obligllions, and duties as may be provided or permitted by the Charter and the Colorado Constitution , and as may be further pre ■cribed by ordinance or resolution oftl11 City. ~-Governing Body . The governing body of the Enterprise (the "Governing Body ") shall be the City Council of the City, and shall be ■ubject to all of the applicable laws, rules, and regulations pertaining to the City ,uncil. Whenever the City Council i1 in session, the Governing Body shall also be deemed t.. be in session. It shall not be neee ■aary for the Governing Bo dy to meet separately from the regular and special meetings of the City Council, nor shall it be necessary for the Gov erning Body to specifically announce or acknowledge that actions taken thereby are taken by the Govern in g Body of the Enterprise. The Governing Body may conduct its affairs in the same manner and subject to the same laws which apply to the City Council for the same or similar matters. •· ~-Maintenance of Enterprise Status. The Enterpriae 1hail at all times .md in all • ways co ndu ct its affairs so as to continue to qualify as an "enterprise" within the rr eaning of TABOR. Specifically , but not by way of limitation, the Enterprise ia not authorized tr . and shall not, receive 10% or more of its annual revenue in granh from all Colorado state and local governmen ts combined . ~-Issuance of Bonds. The Enterprise i ■ authorized to i11ue bond■, notes, or other obligations payable from the revenues derived or to be derived from the Golf Course, in accordance with the Charter. The City Council may also au.thorize the i11uance cl such bonds, note ■, or other obligations in accordance with the Charter, and in so doing shall be deemed to be acting u both the Gov erning Body and the City Council. ~ Ratification and Approval of Prior Actions. All actions heretofore taken by the officers of the City and the members of the Council , not inconsistent with the provisions of U,is Ordinance, relating to the operation or creation of the Enterprise, are hereby ratified, approved, and confirmed. ~-Re pealer. All orders bylaws, ordinances, and resolutions of the City, or parts thereuf, incon s i1 t ent or in conflict wi .h this Ordinance, are hereby repealed to the extent only of such inconsi sten 1.-y or conflict. -2 - J • ~ Severability. If an · HCtion, p ■ra,raph, clause, or provi1ion of thi1 Oniinan ,e ahall for any , .. uon be held to be invalid or unenforceable, tho invalidity or unonforcoability , f 1uch ■oction, para,roph, clau■o, or pr ovision ■hall not affect any of the emaininr proviaions of thia Onlirw,ce, the intent beinr that the 1ame ■re aevorable. ~ Recording and Authentication. Upon adoption hereof, thi1 Ordinance ■hall be recorded in a book kept for that purpoae and ■hall be authtnticated by the si(nature1 of the Mayor and the City Clerk. ~ Effective Date. Thia Ordinan•:e shall take effect thirl. (30) days after publication ~o llowing final passage . lntn>tl--ced, read in full, and jOa,;ed on first reading on the ~th day of December, 1993. Published as a Bill fo , a., Ordinance on the 9th day of December, 1993. Read by titl and passed on final reading on the 20th day of December, 1993 . Published by title a s Ordinance No.a Series of !993, o ATTE ST : • ~<«>1 ~ {1,,,_a r • Patricia H . Crow, City Clerk I , Patricia H . Crow, City Clerk of the ')ity ofEnelewood, Colorado, hereby certify that the above and foregoing is a true copy of •he Ordinance ps.soed on final reading and published by title as Ordinance No.-5:!, Serie• of 1993 . -3 - J • • Date December b. 1 gg :; !Nffi<HED BY STAFF SOURCE COUNCIL GOAL COUNCfl COMMUNIC:ATION Agend a Item 12 g Subject En gle"'ood Municipa l G olf Co u rse Enterprise Department of Re creati on Se rd ces Jerrel ! Black , Direct or of Recr ea ti on Econ omic De,·e lop ment IS.SUE/ AC1101' PROPOSED St aff ,ee~; Co u ncil a ppro,·a l o f a bill fo r an ordinan.:e crea tin g the "Englewood Mu nicipal G,,Jf C ('ur;e En terpris PREVIOUS COUN CIL ACTI0:--1 197, PI F Tran,ier (\i S2 .3 7 ,3 7-1 for Prope rtY Ac9uisi tion and Development. 19, 1 l,;ua, .:e of l."; 1 a, Bonds in the am ount of 5-165 ,000 to build the Golf Clubhouse . BACKGROC!'IID In 19 ~:; ., ba llot quest ion to use City Funds to construct, m ain tain , a nd op e rate a golf course was appro, e d The golf course has opera ted as an Enter prise Fund s in ce its inception and ha . iss ud ib own L"se Ta, Bon Js . Thi ordinance will be tte r define the golf course as an b1te rprise Fund acco rding tc-the specific re9ui re men ts of the "Ta bor Amendment ." STAFF ANALYSIS The Engl ewood \h1ni.:i pal Golf Cou rse has al ways ope rated as an enterprise fund . The appn"·al oi th is ordinance "·ill for maliz e the enterpri e opera ti on , add ress th e specifi c requ irem n t, under th e Tabor Ame, dment, and clarifv th e ex is ting goif enterpri se d efini ti,,n a , a !:'.m ·ernme11t o,rned bu ;iness .