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.
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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-