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ORDINANCE NO. 9179
AN ORDINANCE CONFIRMING THE CONTINUING EXISTENCE
OF THE GOLF ENTERPRISE AS AN ENTERPRISE WITHIN THE
MEANING OF SECTION 20, ARTICLE X OF THE COLORADO
CONSTITUTION
WHEREAS, the Golf Enterprise has been functioning as an Enterprise for purposes of the
Taxpayers Bill of Rights (“TABOR”) and has managed, operated and maintained the Elmwood
and Walking Stick Golf Courses owned by Pueblo, a Municipal Corporation; and
WHEREAS, confirmation of the Golf Enterprise’s current legal status would promote the
public health, safety, morals and welfare of the citizens of Pueblo; and
WHEREAS, the Golf Enterprise is and has been an "Enterprise" within the meaning of
Section 20, Article X of the Colorado Constitution. NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Golf Enterprise shall continue to function within the Department of Parks and
Recreation.
SECTION 2.
The Golf Enterprise shall continue to manage, operate and maintain the grounds and
facilities at Elmwood and Walking Stick Golf Courses and to perform such other functions and
activities as the City Council may assign.
SECTION 3.
The City Council shall continue to act ex officio as the governing body of the Golf
Enterprise. The Golf Enterprise shall continue to be wholly owned by the City and operated in
accordance with applicable laws, ordinances and regulations.
SECTION 4.
(a) The Golf Enterprise shall continue to be authorized to issue revenue bonds for the
payment or other financing of eligible Golf Couse projects and activities, or for the purposes of
refunding any revenue bonds issued for such purpose. Such bonds shall be authorized by
ordinance adopted by the City Council in the same manner as other ordinances of the City.
(b) The terms, conditions, and details of revenue bonds, the procedures related
thereto, and the refunding thereof shall be set forth in the ordinance authorizing the revenue
bonds. Each bond issued under this section shall recite in substance that said bond, including the
interest thereon, is payable from the revenues and other available funds of the Golf Enterprise
pledged for the payment thereof. Notwithstanding any other provision of law to the contrary, such
revenue bonds may be issued to mature at such times not beyond thirty years from their
respective issue dates, shall bear interest at such rates, and shall be sold at private or public sale
at, above, or below the principal amount thereof, all as shall be determined by the City Council.
The powers provided in this section shall be in addition to and shall not modify, limit, or affect the
powers conferred by any other law either directly or indirectly.
SECTION 5.
The Golf Enterprise may continue to borrow funds in such amounts from such persons or
entities and upon such terms and conditions as the City Council may determine to be in the best
interests of the Golf Enterprise.
SECTION 6.
The Golf Enterprise shall, at all times and in all ways, continue to conduct its affairs so as
to qualify as an "Enterprise " within the meaning of Section 20 of Article X of the Colorado
Constitution. So long as the Golf Enterprise continues to qualify as an "Enterprise," the Golf
Enterprise and all spending and revenue relating thereto shall not be subject to Section 20 of
Article X of the Colorado Constitution.
SECTION 7.
The Golf Enterprise Fund ("Fund") shall continue its existence. All revenues and funds
received by the Golf Enterprise from all sources and interest and other income therefrom shall
continue to be deposited to and held in the Fund subject to appropriation and expenditure by the
City Council.
SECTION 8.
If any provision of the Ordinance is held to be invalid or unenforceable by a court of
competent jurisdiction, such holding shall not affect the validity or enforceability of the remaining
provisions of this Ordinance.
SECTION 9.
All other ordinances or portions thereof inconsistent or conflicting with this Ordinance or
any provision hereof are hereby repealed to the extent of such inconsistency or conflict.
SECTION 10.
This Ordinance shall become effective upon final approval and passage.
INTRODUCED September 25, 2017
BY: Ed Brown
PASSED AND APPROVED: September 25, 2017
City Clerk’s Office Item # T-1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: September 25, 2017
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: AN ORDINANCE CONFIRMING THE CONTINUING EXISTENCE OF THE GOLF
ENTERPRISE AS AN ENTERPRISE WITHIN THE MEANING OF SECTION 20,
ARTICLE X OF THE COLORADO CONSTITUTION
SUMMARY:
Attached for consideration is an Ordinance confirming existence Golf Enterprise as an Enterprise
for purposes of the Taxpayers Bill of Rights (“TABOR”).
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
It is the recommendation of City staff that the City Council confirm that the Golf Enterprise, which
manages, operates and maintains the City’s Elmwood and Walking Stick Golf Courses, is and
has been operating as a TABOR Enterprise.
FINANCIAL IMPLICATIONS:
The Golf Courses have been operating for many years as an enterprise. Thus, the confirmation
of the Golf Courses as a City Enterprise will not result in any immediate or long term financial
impacts for the City.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
The City Council could delay or decline to adopt this Ordinance. However, it is the
recommendation of the Law Department that City Council pass this Ordinance to reflect the
current legal status of the Golf Enterprise as a TABOR Enterprise.
RECOMMENDATION:
Approval of the Ordinance.
Attachments:
Proposed Ordinance