HomeMy WebLinkAbout137 - 10/07/1997 - AMENDING CITY CODE TO AUTHORIZE THE WATER UTILITY ENTERPRISE TO HAVE AND EXERCISE CERTAIN POWERS IN ORDINANCE NO. 137, 1997
AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY
CODE TO AUTHORIZE THE WATER UTILITY ENTERPRISE
TO HAVE AND EXERCISE CERTAIN POWERS IN
FURTHERANCE OF ITS PURPOSES
WHEREAS,by Ordinance No. 61, 1993,the City of Fort Collins,Colorado(the"City"),has
heretofore established the City of Fort Collins,Colorado,Water Utility Enterprise(the"Enterprise"),
as an enterprise of the City within the meaning of art. X, § 20 of the Colorado Constitution; and
WHEREAS,the City Council desires to authorize the Enterprise to have and exercise certain
powers in furtherance of its purposes.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS,
COLORADO, THAT:
Section 1. Section 26-43 of the Code of the City of Fort Collins is hereby amended by the
addition of two new paragraphs (c) and (d)to read as follows:
(c) The enterprise shall also be authorized to have and exercise the following
powers in furtherance of its purposes: to hold meetings concurrently with
regular or special meetings of the City Council, to have and use a seal, to
issue its revenue bonds for water purposes in the manner in which City
revenue bonds may be issued, to pledge any revenues of the City's water
system to the payment of such revenue bonds and to pay such revenue bonds
therefrom,to enter into contracts relating to the water system in the manner
in which City contracts may be entered into, to make representations,
warranties and covenants relating to the water system on behalf of the City,
to exercise rights and privileges of the City relating to the water system and
to bind the City to perform any obligation relating to the water system other
than any multiple-fiscal year direct or indirect debt or other financial
obligation of the City without adequate present cash reserves pledged
irrevocably and held for payments in all future years.
(d) All revenues and expenditures of the City or the Enterprise relating to the
water system shall be considered revenues and expenditures of the Enterprise.
Section 2. All action no inconsistent with the provisions of this Ordinance heretofore
taken by the City or its officers and otherwise directed toward the authorization of the Enterprise to
have and exercise certain powers in furtherance of its purposes is hereby ratified, approved and
confirmed.
Section 3. All ordinances, resolutions, bylaws, orders and other instruments, or parts
thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This
repealer shall not be construed to revive any ordinance,resolution,bylaw,order,or other instrument,
or part thereof, heretofore repealed.
Section 4. If any section, subsection, paragraph, clause or other provisions of this
Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or
unenforceability thereof shall not affect any of the remaining sections, subsections, paragraphs,
clauses or provisions of this Ordinance.
Introduced and considered favorably on first reading and ordered published this 16th day of
September,A.D. 1997, and to be presented for final passage on the 7th day of October, A.D. 1997.
y
Mayor /
ATTEST:
- �UL�L A� I�- -
City Clerk
Passed and adopted on final reading this 7th day of October, A.D. 1997.
Mayor
ATTEST:
J4 . %-Z)
City Clerk