Ordinance 2009-1554 - Laserfiche WebLink

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Section 3. Governing Body. (a) The governing body of the Enterprise (the "governing body") shall be the City Council of the City of Louisville, and shall be subject to all of the applicable laws, rules, and regulations pertaining to the City Council. Whenever the City Council is in session, the governing body shall also be deemed to be in session. It shall not be necessary for the governing body to meet separately from the regular and special meetings and study sessions of the City Council, nor shall it be necessary for the governing body to specifically announce or acknowledge that actions taken thereby are taken by the governing body of the Enterprise. The governing body may conduct its affairs in the same manner and subject to the same laws, rules and regulations which apply to the City Council for the same or similar matters; provided that, the governing body may authorize the issuance of bonds by adoption of a resolution or an ordinance. (b) The governing body of the Enterprise may exercise the City's legal authority relating to solid waste and recycling activities, but the Enterprise shall levy no tax which is subject to Section 20(4) of Article X of the Colorado Constitution. Section 4. Maintenance of Enterprise Status. The Enterprise shall at all times and in all ways conduct its affairs so as to continue to qualify as an "enterprise" as defined in Article X, Section 20 of the Colorado Constitution. Specifically, but not by way of limitation, the Enterprise is not authorized to and shall not receive ten percent or more of its annual revenue in grants from all Colorado state and local governments combined. Section 5. Issuance of Bonds. The Enterprise maintained pursuant to this ordinance, through the City Council of the City of Louisville, may issue or reissue revenue bonds, notes, or other obligations payable solely from the revenues derived or to be derived from the functions, services, benefits, facilities or activities of the Enterprise or from any other available funds of the Enterprise, in accordance with and through provisions of Article X, Section 20 of the Colorado Constitution, provided however, the powers provided in said section shall not modify, limit, or affect the powers conferred by any other law either directly or indirectly. Section 6. Enterprise Fund. Commencing fiscal year 2009, a Solid Waste & Recycling Utility Fund shall be established to account for all revenues and expenditures of the Enterprise. Section 7. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Such repealer is subject to the provisions of Section 8 of this ordinance. Section 8. The repeal or modification of any provision of any provision of the Municipal Code or other previously adopted ordinance of the City by this ordinance shall not be construed to adversely affect or impair any contract entered into prior to the effective date of this ordinance. Section 9. The repeal or modification of any provision of the Municipal Code or 3