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HomeMy WebLinkAbout111 - 09/03/1996 - AMENDING CITY CODE TO CLARIFY CERTAIN POWERS OF THE WASTEWATER UTILITY ENTERPRISE ORDINANCE NO. 111 1996 AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE TO CLARIFY CERTAIN POWERS OF THE WASTEWATER UTILITY ENTERPRISE. WHEREAS, by Ordinance No. 62 , 1993 , the City of Fort Collins, Colorado (the "City") , has heretofore established the City of Fort Collins, Colorado, Wastewater Utility Enterprise (the "Enterprise") , as an enterprise of the City within the meaning of art. x, S 20 of the Colorado Constitution; and WHEREAS, by Ordinance No. 62 , 1995, the City Council authorized the Enterprise to have and exercise certain powers in furtherance of its purposes; and WHEREAS, the City Council desires to clarify certain powers of the Enterprise. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, THAT: Section 1. Section 26-209 (c) of the Code of the City of Fort Collins is hereby amended 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 WASTEWATER PURPOSES in the manner in which City revenue bonds may be issued, to pledge any revenues of the City's wastewater system to the payment of such revenue bonds and to pay such revenue bonds therefrom, to enter into contracts relating to the wastewater system in the manner in which City contracts may be entered into, to make representations, warranties and covenants relating to the wastewater system on behalf of the City, to exercise rights and privileges of the City relating to the wastewater system and to bind the City to perform any obligation relating to the wastewater 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. Section 2 . All action not 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 provision 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, READ, APPROVED ON FIRST READING, AND ORDERED PUBLISHED BY NUMBER AND TITLE ONLY this 20thday of August , 1996. CITY OF FOR LINS, CO D ayor (CITY) (SEAL) Attest: City Clerk 2 READ, FINALLY PASSED ON SECOND READING AND ORDERED PUBLISHED BY NUMBER AND TITLE ONLY, this 3rd day of September1996. CITY OF FORT COLLINS, COLORADO By: Mayor (CITY) (SEAL) Attest: City Cle 3