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Home My WebLink About1997 Ordinance No. 0784_, ,,, . ,.~# . , - J e ORDINANCE NO. if SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO. 85 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, REAFFIRMING THE ESTABLISHMENT OF ITS WATER UTILITY ENTERPRISE. WHEREAS, the City of Englewood (the "City"), is a home rule municipality of t;he State of Colorado (the "State") duly organized and operating under the City Charter (the "Charter") and the Constitution and laws of the State; and WHEREAS, pursuant to Section 121 of the Charter, the City shall have the right to exercise with respect to City owned utilities, including water and water rights and the acquisiti on thereof, all of the authority and powers now provided by the statutes of the State; and WHEREAS , pursuant to the provisions of Title 31, Article 35, Part 4, Colorado Revised Statutes, municipalities within the State are authorized to operate and maintain water systems; and WHEREAS , Section 105 of the Charter permits the City to issue revenue bonds as now or hereafter provided by the statutes of the State for municipalities of every class and, pursuant to the provisions of Title 31, Article 35, Part 4, Colorado Revised Statutes, municipalities are authorized to issue revenue bonds for the acquisition, construction, reconstruction, lease, improvement, betterment, or extension of any water facilities; and WHEREAS, pursuant to Section 99 of t he Charter, the accounts of each utility owned and operated by the City must be kept separate and distinct from all other accounts of the City in such manner as to show the true and complete financial result of such City ownership and operation including all assets, liabilities, revenues, and expenses in accordance with a uniform classification of accounts and shall contain proportionate charges for all services performed by other departments for such utility, as well as proportionate credits for all services rendered; and WHEREAS, pursuant to the provisions of Title 37, Article 45.1, Colorado Revised Statutes (the "Water Activity Law"), municipalities which have their own bonding capacity are authorized: (i) to continue to maintain water enterprises for the purpose of pursuing or continuing water activities; (ii) to issue or reissue bonds or other obligations payable from the revenues derived or to be derived from the enterprise, the terms and conditions of such bonds or other obligations to be as set forth in the resolution authorizing the same and, as nearly as practicable, as provided in Part 4 of Article 35 of Title 31, C .R.S., relating to the issuance of water revenue bonds; and WHEREAS , in order to qualify as a water enterprise under the Water Activity Law, the enterprise must consist of a government water activity business owned by a governmental entity such as the City, which enterprise receives under 10% of its annual revenues in grants from all Colorado State and local governments combined, and which is authorized to issue its own revenue bonds; and 10 b iv WHEREAS, as stated in the Water Activity Law, any water activity enterprise maintained pursuant to the provisions thereof are excluded from the provisions of Section 20 of Article X of the State Constitution; and WHEREAS, the System (as defined hereafter) has historically been and continues to be operated as an "enterprise" within the meaning of the Water Activity Law; and WHEREAS, it is the intent of the City to reaffirm the City "Water Utility Enterprise" under the Water Activity Law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Water Utility Enterprise. There is hereby reaffirmed, pursuant to the terms and provisions of the Water Activity Law, the City of Englewood "Water Utility Enterprise" (the "Enterprise"). The Enterprise shall consist of the business represented by all of the City's water facilities and properties, now owned or hereafter acquired, whether situated within or without the City boundaries, including all present or future improvements, extensions, enlargements, betterments, replacements, or additions thereof or thereto (the "System"). The Enterprise shall have all of the authority, powers, rights, obligations, and duties as may be provided or permitted by the Water Activity Law, the Charter, and the Colorado Constitution, and as may be further prescribed by ordinance or resolution of the City. The governing body of the Enterprise (the "Governing Body") shall be the City Council of the City, and shall be subject to all of the applicable laws, rules, and regulations pertaining to the City Council. Whenever the City Council is in session excising its legal authority relating to any Enterprise matter, the Governing Body shall also be deemed to be in session. It shall not be necessary for the Governing Body to meet separately from any meeting of the City Council, nor shall it be necessary for the Governing Body to specifically announce or acknowledge that actions taken thereby are taken by the governing body of the Enterprise. The Governing Body is authorized to exercise the City's legal authority relating to water activities as provided in the Water Activity Law; provided however, the Governing Body may not levy a tax which is subject to Section 20(4) of the State Constitution. Section 2. Ratification and Approval of Prior Actions. All actions heretofore taken by the officers of the City and the members of the City Council, not inconsistent with the provisions of this Ordinance, relating to the operation or creation of the enterprise, hereby ratified, approved, and confirmed. Section 3. Repealer. All orders, bylaws, ordinances, and resolutions of the City, or parts thereof, inconsistent or in conflict with this Ordinance, are hereby repealed to the extent only of such inconsistency or conflict . Section 4. Severability. If any section, paragraph, clause, or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Ordinance, the intent being that the same are severable. -2- , -. ........ . I/ .: . Section 5. Publication and Effective Date . This Ordinance, after its final passage, shall be numbered and recorded, and the adoption and publication shall be authenticated by the signature of the Mayor and the City Clerk and by the Certificate of Publication. This Ordinance shall become effective thirty (30) days after publication following final passage . Introduced, read in full , and passed on first reading on the 2nd day of September, 1997. Published as a Bill for an Ordinance on the 4th day of September, 1997. Read by title and passed on final reading on the 15th day of September, 1997. Published by title as Ordinance No. Ql: Series of 1997, on the 18th day of September, 1997. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy ,.a[,the Ordinance passed on final reading and published by title as Ordinance No . ..:.6(, Series of 997 . -3- . . . . • ... -· ~ . COUNCIL COMMUNICATION Date Agenda Item Subject September 2 , 1997 Bill for an Ordinance reaffirming ll a_ .. , the establishment of the Water 111 -Utility Initiated By Staff Source City of Englewood , Utilities Stu Fonda , Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council has made the overall quality of life of the citizens they serve a priority , which includes water quality and safety. This action is necessary to secure a low cost funds to improve the Allen Water Treatment Plant. RECOMMENDED ACTION To reaffirm , pursuant to the terms and provisions of the Water Activity Law, the City of Englewood "Water Utility Enterprise" (the "Enterprise"). The Enterprise shall consist of the business represented by all of the City's water facilities and properties , now owned or hereafter acquired , whether situated within or without the City boundaries , including all present or future improvements , extensions , enlargements, betterments , replacements, or additions thereof or thereto (the "System "). The Enterprise shall have all of the authority , powers , rights , obligations, and duties as may be provided or permitted by the Water Activity Law, the Charter, and the Colorado Constiltutuon, and as may be further pre scribed by ordinance or resulution of the City . Staff recommends City Council approve the attached bill for an ordinance . FINANCIAL IMPACT This bill for an ordinance does not directly impact the City 's financial condition . LIST OF ATTACHMENTS Proposed bill for an ordinance