HomeMy WebLinkAbout06006ORDINANCE 600h
AN ORDINANCE SUBMITTING TO THE ELIGIBLE
ELECTORS OF THE CITY OF PUEBLO,
AT THE GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 7, 1995, AN AMENDMENT TO
SECTION 15 -2 OF THE CHARTER, RELATING TO THE
POWERS GRANTED TO THE BOARD OF WATER WORKS
OF PUEBLO, COLORADO UNDER THE CHARTER, AND
REPEALING ALL ORDINANCES AND OTHER MEASURES
IN CONFLICT HEREWITH.
WHEREAS, the City Council (the "Council ") of the City of
Pueblo (the "City ") has been requested by the Board of Water Works
of Pueblo, Colorado to adopt an ordinance submitting to the vote
of the eligible electors of the City an amendment to Section 15 -2
of the Charter, and pursuant to that request does hereby determine
to submit to the vote of the eligible electors of the City at the
General Election to be held on November 7, 1995 an amendment to
the Charter of the City of Pueblo (the "Charter "). NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO THAT:
Section 1. There is hereby submitted to the eligible
electors of the City, at the general election to be held on
November 7, 1995, an amendment to Section 15 -2 of the Charter of
the City as follows: (brackets indicate matter deleted,
underscoring indicates matter added).
Section 15 -2. Board of Water Works of Pueblo,
Colorado - Title to the properties of the former districts now
consolidated and any property of the water works is in the City of
Pueblo. The entire control, management and operation thereof
shall be exercised by an independent Board named "Board of Water
Works of Pueblo, Colorado," over which the Council shall have no
jurisdiction or control, but shall adopt all ordinances requested
by said Board which shall be reasonably necessary to assist the
Board in the management of the water works system and property, or
to enable said Board to purchase or condemn additional water,
water rights, reservoirs, reservoir sites or property of any kind,
needed to supply water to the City or its inhabitants. The Board
shall consist of five members, all elected at large for six year
terms as hereafter provided. The Board shall initially consist of
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the following five members: one previously elected holding a six
year term expiring December 31, 1965; one previously elected
holding a six year term expiring December 31, 1967; one holding a
six year term expiring December 31, 1969, elected at the November
1963 election; one appointed by the City Council from January 1,
1964 to December 31, 1965, and one appointed by the City Council
from January 1, 1964 to December 31, 1967. As the term of each
member expires, a member to fill a new term of six years shall be
elected, said terms to commence the first day of January next
after their election. The Board of Water Works shall have and
exercise all the powers which are granted to cities of the first
class by the Constitution and Laws of the State of Colorado
except the power to levy and collect taxes directly or indirectly.
Surplus water may be supplied to territories outside the City
until same is needed by the inhabitants of the City. It shall
have power to make and execute contracts in the name of the City,
institute and defend all litigation affecting its powers and
duties or in relation to the water works system, and as to all
other property under its management. The members of the Board
shall continue to receive their present salaries until changed by
ordinance of the Council. This amendment shall become effective
January 1, 1964.
The ballot title for said Charter Amendment shall be:
CHARTER AMENDMENT NO. 1
Shall Section 15 -2 of the Charter be amended to provide that
the Board of Water Works of Pueblo, Colorado shall not have the
power to levy and collect taxes directly or indirectly?
YES
NO
Section 2. The City Clerk shall on or before September 27,
1995, (within thirty (30) days of the date of adoption of this
Ordinance and thirty (30) days prior to the election) publish
notice of the election upon the Charter amendment once in the
Pueblo Chieftain (a daily newspaper of general circulation in the
City), which notice shall contain the full text of the amended
Section of the Charter as contained in Section 1 hereof. Such
notice may be given separately or combined with any notice of the
General Election, but the content of such notice shall substan-
tially comply with the provisions of this Ordinance.
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Section 3. The notice shall be in substantially the follow-
ing form:
[Form of Election Notice]
[Print Notice in English]
NOTICE OF CHARTER AMENDMENT ELECTION
OF THE CITY OF PUEBLO
TO BE HELD ON
TUESDAY, NOVEMBER 7, 1995
PUBLIC NOTICE IS HEREBY GIVEN that at the General Election to be
held in the City of Pueblo, Colorado, on November 7, 1995, there
will be submitted to the eligible electors of the City the follow-
ing amendment to the Charter of the City of Pueblo:
Section 15 -2 of the Charter of the City of Pueblo shall upon
approval of the voters be amended to read as follows: (brackets
indicate matter deleted, underscoring indicates matter added)
Section 15 -2. Board of Water Works of Pueblo,
Colorado - Title to the properties of the former districts now
consolidated and any property of the water works is in the City of
Pueblo. The entire control, management and operation thereof
shall be exercised by an independent Board named "Board of Water
Works of Pueblo, Colorado," over which the Council shall have no
jurisdiction or control, but shall adopt all ordinances requested
by said Board which shall be reasonably necessary to assist the
Board in the management of the water works system and property, or
to enable said Board to purchase or condemn additional water,
water rights, reservoirs, reservoir sites or property of any kind,
needed to supply water to the City or its inhabitants. The Board
shall consist of five members, all elected at large for six year
terms as hereafter provided. The Board shall initially consist of
the following five members: one previously elected holding a six
year term expiring December 31, 1965; one previously electing
holding a six year term expiring December 31, 1967; one holding a
six year term expiring December 31, 1969, elected at the November
1963 election; one appointed by the City Council from January 1,
1964 to December 31, 1965, and one appointed by the City Council
from January 1, 1964 to December 31, 1967. As the term of each
member expires, a member to fill a new term of six years shall be
elected, said terms to commence the first day of January next
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after their election. The Board of Water Works shall have and
exercise all the powers which are granted to cities of the first
class by the Constitution and Laws of the State of Colorado,
except the power to levy and collect taxes directly or indirectly.
Surplus water may be supplied to territories outside the City
until same is needed by the inhabitants of the City. It shall
have power to make and execute contracts in the name of the City,
institute and defend all litigation affecting its powers and
duties or in relation to the water works system, and as to all
other property under its management. The members of the Board
shall continue to receive their present salaries until changed by
ordinance of the Council. This amendment shall become effective
January 1, 1964.
The ballot title for said Charter Amendment shall be:
CHARTER AMENDMENT NO. 1
Shall Section 15 -2 of the Charter be amended to provide that
the Board of Water Works of Pueblo, Colorado shall not have the
power to levy and collect taxes directly or indirectly?
YES
NO
IN WITNESS WHEREOF, the City Council of the City of Pueblo,
in the County of Pueblo and State of Colorado has caused this
notice to be given on September 12, , 1995.
(SEAL] C-1 - N
City qprk
[End of Form of Election Notice]
Section 4. The officers of the City hereby are authorized
and directed to take all action necessary or appropriate to
effectuate the provisions of this Ordinance.
Section 5. If any section, paragraph, clause or provision of
this Ordinance shall for any reason be held to be invalid or
unenforceable, the invalidity or unenforceability of such section,
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paragraph, clause or provision shall not effect any of the
remaining provisions of this Ordinance.
Section 6. All ordinances, resolutions and bylaws, and
regulations of the City inconsistent with this Ordinance are
hereby repealed to the extent only of such inconsistency. This
repealer shall not be construed to revive any ordinance,
resolution, bylaw, or regulation or part thereof, heretofore
repealed.
Section 7. All actions heretofore taken by the Council and
officers of the City, not inconsistent with the provisions of this
Ordinance and toward the election, be, and the same are hereby,
ratified, approved and confirmed.
Section 8. This Ordinance shall take effect immediately upon
final passage.
INTRODUCED: August 14, 1995
By Fay Kastelic
Councilman
ATTEST: APPROVED:
City C rk President of the City Council
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