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<br />WHEREAS, the City Council considers it to be in the best <br />interests of the City that the City's wastewater and sewerage <br />activity enterprise be designated as an enterprise. <br /> <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY <br />OF LOUISVILLE, COLORADO: <br /> <br />Section 1. Definitions. As used in this ordinance, <br />unless the context otherwise requires: <br /> <br />(a) "Grant" means the cash payment of public funds made <br />directly to a municipal activity enterprise by the state or a local <br />governmental entity or district, including the City of Louisville, <br />which cash payment is not required to be repaid. "Grant" does not <br />include public funds paid or advanced to a municipal activity <br />enterprise by the state or local governmental entity or district, <br />including the City of Louisville, in exchange for an agreement by <br />a municipal activity enterprise to provide service including the <br />collection and treatment of wastewater, the capacity of project <br />works, materials, or other wastewater activities; nor does "grant" <br />include refunds made in the current or next fiscal year, gifts, any <br />payments directly or indirectly from federal funds or earnings on <br />federal funds, collections from another government, pension <br />contributions by employees and pension fund earnings, reserve <br />transfers or expenditures, damage awards, or property sales. <br /> <br />(b) "Wastewater activity" includes but is not limited to the <br />diversion, storage, carriage, delivery, distribution, collection, <br />treatment, use, reuse, augmentation, exchange, or discharge of <br />wastewater and includes the provision of wholesale or retail <br />wastewater and sewer services. <br /> <br />(c) "Wastewater Activity Enterprise" means that wastewater <br />activity business wholly owned by the City of Louisville which <br />receives under ten percent of its annual revenues in grants from <br />all Colorado state and local governments combined and which is <br />authorized to issue its own revenue bonds pursuant to this <br />ordinance or any other applicable law. <br /> <br />(d) "District" shall have the meaning set forth ln Section <br />37-45.1-102, C.R.S., as amended. <br /> <br />Section 2. Establishment of Enterprise. There is hereby <br />recognized, established and designated the "City of Louisville <br />Wastewater Activity Enterprise" (the "Enterprise"). The Enterprise <br />shall consist of the business represented by all of the City's <br />wastewater and sewer facilities and properties, now owned or <br />hereafter acquired, whether situated within or without the City <br />boundaries, including all present or future improvements, <br />extensions, enlargements, betterment, replacements, or additions <br />thereof or thereto. The monies in the City's sewer fund shall <br />constitute the funds of the Enterprise. The Enterprise shall have <br /> <br />2 <br />