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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 1 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. E 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 3 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, 4 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 5