HomeMy WebLinkAbout097 - 07/15/1997 - AMENDING THE CITY CODE TO AUTHORIZE THE STORMWATER UTILITY ENTERPRISE TO HAVE AND EXERCISE CERTAIN P ORDINANCE NO. 97, 1997
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
TO AUTHORIZE THE STORMWATER UTILITY ENTERPRISE TO HAVE
AND EXERCISE CERTAIN POWERS IN FURTHERANCE OF ITS PURPOSES
WHEREAS,by Ordinance No.63, 1993,the City of Fort Collins,Colorado(the"City'),has
heretofore established the City of Fort Collins, Colorado Stormwater Utility Enterprise (the
"Enterprise"), as an enterprise of the City within the meaning of Article 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.
NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, as follows:
Section 1. That Section 26-493 of the Code of the City is hereby amended by the addition
of two new paragraphs (c) and(d)to read as follows:
Sec. 26-493. Utility considered a city-owned enterprise.
(c) The enterprise shall also be authorized to have and exercise the following
powers in furtherance of its purposes: (1)to hold meetings concurrently with regular
and special meetings of the City Council; (2)to have and use a seal; (3)to issue its
revenue bonds for stormwater purposes in the manner in which the city revenue
bonds may be issued; (4)to pledge any revenues of the city's stormwater system to
the payment of such revenue bonds and to pay such revenue bonds therefrom; (5)to
enter into contracts relating to the stormwater system in the manner in which city
contracts may be entered into; (6)to make representations, warranties and covenants
relating to the stormwater system on behalf of the city; (7) to exercise rights and
privileges of the city relating to the stormwater system; and (8) to bind the city to
perform any obligation relating to the stormwater 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 of the enterprise relating to the
stormwater system shall be considered revenues and expenditures of the enterprise.
Section 2. All action not consistent 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.
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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,considered favorably on first reading,and orde lished this 1st y,
A.D. 1997, and to be presented for final passage on the 15th y of y, A.D. 19
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of J A.D 1997.
ayor
ATTEST:
City Clerk