HomeMy WebLinkAbout05775ORDINANCE NO. 5775
AN ORDINANCE CREATING A SPECIAL FUND RELATING
TO THE SOUTHSIDE LANDFILL, SPECIFYING SOURCES
OF RECEIPTS OF THE SPECIAL FUND AND PURPOSES
FOR WHICH EXPENDITURES THEREFROM SHALL BE MADE
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
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Pursuant to Section 7 -21 of the Charter of the City, a
special fund to be known as the Southside Landfill Environmental
Fund is hereby created.
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The following payments received by the City after January 1,
1993:
(a) Percentage payments made pursuant to paragraph 3 of
the Purchase Agreement dated April 22, 1991 between Pueblo, a
municipal corporation and Zupan Enterprises, Inc., and
(b) Annual payments made pursuant to paragraph 4 of the
Second Amended Agreement dated June 11, 1990 between Pueblo,
a municipal corporation and Fuel Resources Development Co.;
shall be deposited into the Southside Landfill Environmental Fund
until the assets thereof equal the sum of One Million Dollars or
the purposes specified in Section 3 hereof have been fulfilled,
whichever occurs first. The City Council does hereby find and
determine that such payments are not derived from the enactment of
a property, excise, or other tax or in fixing any fee or charge
and the City Council has the power to allocate such payments for
the specific purposes contained in Section 3 hereof.
SECTION 3
The assets (both principal and interest) of the Southside
Landfill Environmental Fund may be expended for the following
purposes:
(a) paying the costs and expenses incurred by the City in
performing any work or purchasing any real or personal property
required for or relating to the Southside Landfill, and
(b) paying the costs and expenses of closure, post - closure
care and corrective action with respect to the Southside Landfill,
including without limitation, expert witness and attorney fees,
environmental audits, and insurance premiums for liability and
environmental insurance, for which either the City or the City and
the County of Pueblo jointly may be legally liable or responsible.
Expenditures from the Southside Landfill Environmental Fund
may be made as part of the annual appropriation ordinance or, from
time to time, by ordinance of the City Council.
SECTION 5
The City Council may abolish the Southside Landfill
Environmental Fund by ordinance and the assets thereof remaining
after providing for the purposes set forth in Section 3 hereof may
be transferred to other funds.
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If any one or more sections or parts of this Ordinance shall
be adjudged unenforceable or invalid, such judgment shall not
affect, impair or invalidate the remaining provisions of this
Ordinance, it being the intention that the various provisions
hereof are severable.
SECTION 7.
Nothing expressed or mentioned in or to be implied from this
Ordinance or the Southside Landfill Environmental Fund created
hereby is intended nor shall be construed to give to any person
other than the City any legal or equitable right, remedy or claim
under or in respect to this Ordinance or the Southside Landfill
Environmental Fund created hereby or any covenants, conditions and
provisions herein contained; this Ordinance and the Southside
Landfill Environmental Fund created hereby and all of the
covenants, conditions and provisions hereof being intended to be
and being for the sole and exclusive benefit of the City.
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This Ordinance shall become effective upon final passage.
INTRODUCED: October 13 , 1992
By JOYCE LAWRENCE
Councilperson
ATTEST: APPROVED:
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C'ty Clerk Preside t of the ty Council
TJ 61.17 -3-