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services, benefits, or facilities of the Enterprise or from any other available funds of the
<br />Enterprise, in accordance with and through provisions of C.R.S. {}37-45.1-104, provided
<br />however, the powers provided in said section shall not modify, limit, or affect the powers
<br />conferred by any other law either directly or indirectly.
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<br /> Section 6. Ente~rise Fund. Commencing fiscal year 2003, a Water and Wastewater
<br />Activity Enterprise Fund shall be established to account for all revenues and expenditures of the
<br />Enterprise.
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<br /> Seetiorl 7. Ordinance No. 1167, Series 1994, and Ordinance No. 1168, Series 1994,
<br />are hereby repealed. Further, all other ordinances or portions thereof inconsistent or conflicting
<br />with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency
<br />or conflict. Such repealer is subject to the provisions of Sections 8 and 9 of this ordinance.
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<br /> Section 8. The repeal of Ordinance Nos. 1167 and 1168, Series 1994 and the repeal
<br />or modification of any provision of the Municipal Code or other previously adopted ordinance of
<br />the City of Louisville shall not be construed to adversely affect or impair any contract entered
<br />into by the water activity enterprise or wastewater activity enterprise prior to the effective date of
<br />this ordinance.
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<br /> Section 9. The repeal of Ordinance Nos. 1167 and 1168, Series 1994 and the repeal
<br />or modification of any provision of the Municipal Code or other previously adopted ordinance of
<br />the City of Louisville by this ordinance shall not release, extinguish, alter, modify, or change in
<br />whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been
<br />incurred under such provision, and each provision shall be treated and held as still remaining in
<br />force for the purpose of sustaining any and all proper actions, suits, proceedings, and
<br />prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose
<br />of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in
<br />such actions, suits, proceedings, or prosecutions.
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<br /> Section 1O, If any article, section, paragraph, sentence, clause, or phrase of this
<br />ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect
<br />the validity or constitutionality of the remaining portions of this ordinance. The City Council
<br />hereby declares that it would have passed this ordinance and each part or parts hereof irrespective
<br />of the fact that any one part or parts be declared unconstitutional or invalid.
<br />
<br /> INTRODUCED, READ, PASSED ON FIRST READING, AND ORDERED
<br />PUBLISHED this 21 st day of January, 2003.
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<br />Tom Davidson, Mayor
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