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HomeMy WebLinkAbout05828ORDINANCE NO. 5828 AN ORDINANCE ABOLISHING THE DEPARTMENT OF UTILITIES, CREATING THE DEPARTMENT OF WASTE- WATER, AUTHORIZING THE DEPARTMENT OF WASTE- WATER TO ISSUE REVENUE BONDS, AND DESIGNATING THE DEPARTMENT OF WASTEWATER AS AN ENTERPRISE WHEREAS, the Department of Utilities was created by Ordinance No. 5287 and administrative authority over the following functions was assigned to the Department of Utilities: sanitary storm sewer system and wastewater treatment facilities, street lighting, traffic control, and demolition. In addition the management, maintenance and repair of public buildings was assigned as a cooperative function with the Department of Public Works, and WHEREAS, all of the assigned functions except wastewater collection and treatment have been and are being performed by other departments of the City, and WHEREAS, the operation, management, maintenance, repair and replacement of City's wastewater collection, pretreatment program, and treatment facilities are administratively in the Department of Utilities under the direction of the Director of Utilities, and WHEREAS, the name of the Department of Utilities which implies greater responsibility and functions than those actually performed by the Department of Utilities should be changed to the Department of Wastewater, and WHEREAS, the City's wastewater collection and treatment facilities and services constitute a "water activity" as defined in §37 -45- 102(3), C.R.S., and WHEREAS, the City's wastewater collection and treatment facilities and services would constitute a "water activity enterprise" as defined in 937 -45- 102(4), C.R.S. if authorized to issue its own revenue bonds pursuant to §37 -45 -101 et. seq. C.R.S. or any other applicable law, and WHEREAS, if the City's wastewater collection and treatment facilities and services qualify as a water activity enterprise or otherwise meets the definition of "enterprise" as defined in Article X, Section 20 of the Colorado Constitution, it would be exempt from the spending and revenue limitations imposed thereby, and WHEREAS, the City Council is authorized to issue revenue bonds under Section 7 -24 of the Charter of the City of Pueblo and other applicable law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Utility Department created by Ordinance No. 5287 is hereby abolished and pursuant to Section 3 -12 of the Charter, the Department of Wastewater is hereby created. The Director of Utilities is hereby designated as the Director of Wastewater and all personnel in the Department of Utilities shall become personnel in the Department of Wastewater. The Department of Wastewater shall be responsible for and exercise administrative authority over the operation, management, maintenance, repair and replacement of the City's wastewater collection, pretreatment program, and treatment system and facilities and such other duties and functions as the City Council may assign by Resolution or Ordinance. SECTION 2 The functions of the Utilities Department other than those assigned to the Department of Wastewater by Section 1 of this Ordinance are hereby assigned and transferred as follows: storm sewers and systems, demolition, and management, maintenance and repair of public buildings to the Department of Public Works; and, street lighting and traffic control and systems to the Department of Transportation. SECTION 3 The Department of Wastewater, through the City Council, may issue or reissue revenue bonds, notes or other obligations payable from the revenues derived or to be derived from the functions, services, benefits or facilities of the Department of Wastewater. am The terms, conditions, details and sale of such bonds, notes, and other obligations, the procedures relating thereto, and the refunding thereof, shall be set forth in the Ordinance of the City Council authorizing said bonds, notes, and other obligations. The powers granted in this Section to the Department of Wastewater shall not in any manner modify, limit or affect, either directly or indirectly, the powers of the City Council conferred by the Charter of the City or any other law. SECTION 4 The Department of Wastewater shall constitute an enterprise for the purposes of Article X, Section 20 of the Colorado Constitution as long as the Department of Wastewater retains the authority to issue revenue bonds as provided in Section 3 of this Ordinance and receives less than ten (10) percent of its total annual revenues in grants from all Colorado state and local governments combined. So long as the Department of Wastewater constitutes an enterprise pursuant to the provisions of this Ordinance, the Department of Wastewater and all spending and revenue relating thereto including but not limited to sewer user fees and charges and the Sewer User Fund shall not be subject to any of the provisions of Article X, Section 20 of the Colorado Constitution. SECTION 5 This Ordinance shall become effective upon final passage nunc pro tune to January 1, 1993. INTRODUCED: September 13, 1993 By JOHN CAT.IFANO Councilperson -3- ATTEST: APPROVED: b. �f,,a <7i�� A Ci y Clerk Presi nt of the City Council TJ 68.42 -4-