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<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 />provision of water, the capacity of project works, materials, or <br />other water activities; nor does "grant" include refunds made in <br />the current or next fiscal year, gifts, any payments directly or <br />indirectly from federal funds or earnings on federal funds, <br />collections from another government, pension contributions by <br />employees and pension fund earnings, reserve transfers or <br />expenditures, damage awards, or property sales. <br /> <br />(b) "Water 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 />water and includes the provision of wholesale or retail water <br />services and the acquisition of water or water rights. <br /> <br />(c) "Water Activity Enterprise" means that water activity <br />business wholly owned by the City of Louisville which receives <br />under ten percent of its annual revenues in grants from all <br />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 in 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 />Water Activity Enterprise" (the "Enterprise"). The Enterprise <br />shall consist of the business represented by all of the City's <br />water facilities and properties, now owned or hereafter acquired, <br />whether situated within or without the City boundaries, including <br />all present or future improvements, extensions, enlargements, <br />betterment, replacements, or additions thereof or thereto. The <br />monies in the City's water fund shall constitute the funds of the <br />Enterprise. The Enterprise shall have all of the authority, <br />powers, rights, obligations, and duties as may be provided or <br />permitted by the laws of the State, and the Colorado Constitution, <br />and as may be further prescribed by ordinance or resolution of the <br />City. <br /> <br />2 <br />