Loading...
HomeMy WebLinkAbout09179 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