Ordinance 1998-1280 - Laserfiche WebLink

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ORDINANCE NO. 1280 SERIES 1998 AN ORDINANCE DESIGNATING AND ESTABLISHING THE GOLF COURSE ACTIVITY ENTERPRISE OF THE CITY OF LOUISVILLE, COLORADO. WHEREAS, the City Council of the City (the "Council") has determined and hereby determines that it is in the best interests of the City and its inhabitants to establish a golf course activity enterprise to be known as the City of Louisville Golf Course Activity Enterprise (the "Enterprise") that shall be operated as an enterprise within the meaning of Article X, Section 20 of the Colorado Constitution (the "Amendment""); and WHEREAS, the Council has determined that the establishment of the Enterprise will be in the best interests of the City's inhabitants and promote the health, safety, prosperity, security and general welfare of the City's inhabitants; and WHEREAS, the City Council desires to authorize the Enterprise to have and exercise certain powers in furtherance of its purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: Section 1. Enterprise Declaration and Creation. The Council hereby finds and determines that it will provide golf course facilities (the "Facilities") by means of the City's Enterprise in conformity with all applicable Colorado laws. The Council further (I) recognizes and confirms that the Enterprise is an "enterprise" within the meaning of the Amendment, and (ii) declares its intent that the Enterprise be operated and maintained so as to exclude its activities from the application of the Amendment. Therefore, the Council hereby creates the "City of Louisville Golf Course Activity Enterprise." The City shall take all actions on behalf of the Enterprise as hereinafter further provided. Section 2. Governing Board. The City Council of the City shall constitute the governing board of the Enterprise (the "Governing Board") and the officers of the Council and the City shall serve as the officers of the Enterprise. The Governing Board shall conduct the business of the Enterprise in the same manner and follow the same procedures as the City Council of the City. Whenever the City Council is in session, the Governing Board shall also be deemed to be in session. It shall not be necessary for the Governing Board to meet separately from the regular and special meetings of the City Council, nor shall it be necessary for the Governing Board to specifically announce or acknowledge that actions taken thereby are taken by the Governing Board of the Enterprise. The record of the proceedings of the Governing Board may be incorporated in the minutes of the City and shall not be required to be recorded separately. No additional oath of office, qualification or procedure shall apply with respect to service as