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HomeMy WebLinkAbout018 - 02/16/1993 - SUBMITTING A PROPOSED CHARTER AMENDMENT PERTAINING TO CITY OWNED UTILITIES TO A VOTE OF ELECTORS ORDINANCE NO. 18, 1993 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING A PROPOSED AMENDMENT TO ARTICLE V, PART II, SECTION 19.3, OF THE CITY CHARTER, PERTAINING TO CITY-OWNED UTILITIES, TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, C.R.S. , provides that Charter amendments may be initiated by the adoption of an ordinance by the Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, on November 3, 1992, the registered electors of the State of Colorado approved an amendment to the Colorado Constitution ("Amendment 1") which establishes certain borrowing and revenue and expenditure limitations for the City; and WHEREAS, Amendment 1 excludes from its application the borrowings and revenues and expenditures of City-owned enterprises which receive under ten percent of their annual revenue in grants from all Colorado state and local governments combined and which are authorized to issue their own revenue bonds; and WHEREAS, the Council believes that it is in the best interest of the City to submit to the registered electors of the City the question of whether Council may, by ordinance, establish City-owned utilities as enterprises and authorize such enterprises to issue their own revenue bonds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That the following proposed Charter amendment shall be submitted to the registered voters of the City at the next regular City election to be held on April 6, 1993: PROPOSED CHARTER AMENDMENT NO. 1 That Article V, Part II, Section 19.3, of the City Charter is hereby amended to read as follows: Section 19.3. Revenue securities. (a) The city, by Council action and without an election, may issue securities made payable solely from revenues derived from the operation of the project or capital improvement acquired with the securities' proceeds, or from other projects or improvements, or from the proceeds of any sales tax, use tax or other excise tax, or solely from any source or sources or any combination thereof other than ad valorem taxes of the city. (b) The Council may, by ordinance, establish any one or more of the city's water, wastewater, storm drainage or electrical utilities as an enterprise of the city. The Council may also, by ordinance, authorize any such city-owned enterprise, acting by and through the Council , sitting as the board of the enterprise, to issue its own revenue bonds or other obligations (including refunding securities) on behalf of the city, which revenue bonds or other obligations shall be payable solely from the net revenues (including special assessments) derived from the operation of the enterprise. Such revenue bonds or other obligations may be additionally secured by mortgages on or security interests in any real or personal property of the city used in the operation of the enterprise. Such revenue bonds or other obligations shall be issued by ordinance of the board of the enterprise, adopted in the same manner and subject to referendum to the same extent as ordinances of the Council . The Council shall not appoint any persons other than its own members to serve on the board of the enterprise or delegate to any other person or entity the powers reserved to the board of the enterprise hereunder. Neither shall the Council authorize the board of the enterprise to acquire, construct or install or hold title to or dispose of any city-owned property used in the operation of the enterprise, to impose or adjust rates, fees, tolls or charges for the use of any such property or for any service or commodity furnished by the enterprise, to levy special assessments or to exercise any power reserved to the Council or other city officials by this Charter or otherwise (other than the power to issue revenue bonds and other obligations) . Section 2. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. 1 to the voters at said election: PROPOSED CHARTER AMENDMENT NO. 1 AN AMENDMENT TO ARTICLE V, PART II, SECTION 19.3 OF THE CHARTER PROVIDING THAT THE COUNCIL MAY, BY ORDINANCE, ESTABLISH ONE OR MORE OF THE CITY'S WATER, WASTEWATER, STORM DRAINAGE OR ELECTRICAL UTILITIES AS AN ENTERPRISE AND AUTHORIZE ANY SUCH ENTERPRISE TO ISSUE ITS OWN REVENUE BONDS PAYABLE SOLELY FROM THE NET REVENUES DERIVED FROM THE OPERATION OF THE ENTERPRISE; AND AUTHORIZING THE PLEDGE OF ANY REAL OR PERSONAL PROPERTY OF THE ENTERPRISE TO SECURE SUCH REVENUE BONDS. FOR THE AMENDMENT AGAINST THE AMENDMENT 2 Introduced, considered favorably on first reading, and ordered published this 2nd day of February, A.D. 1993, and to be presented for final passage on the 16th day of February, A.D. 1993. L4,64-VI Mayor ATTEST: City Clerk Passed and adopted on final reading this 16th day of February, A.D. 1993. J ayor ATTEST: (� City Clerk T� 3