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<br />ORDINANCE NO. 1554 <br />SERIES 2009 <br /> <br />AN ORDINANCE DESIGNATING AND ESTABLISHING THE CITY OF LOUISVILLE <br />SOLID WASTE AND RECYCLING ACTIVITY ENTERPRISE <br /> <br />WHEREAS, the City of Louisville (the "City") is a home rule municipal corporation <br />duly organized and existing under the City's Charter adopted pursuant to Article XX of the <br />Colorado Constitution and the laws of the State of Colorado; and <br /> <br />WHEREAS, pursuant to its Charter and other applicable law, the City is authorized to <br />provide solid waste disposal and recycling services for the collection and transportation of solid <br />waste, refuse, trash, rubbish, garbage or any other discarded materials, including without limitation <br />any such material which is compostable; and <br /> <br />WHEREAS, pursuant to Ordinance No. 1545, Series 2008, City furnishes residential <br />refuse and recycling services within the City and imposes fees for such services; and <br /> <br />WHEREAS, Section 20 of Article X of the Colorado Constitution exempts from all <br />provisions thereof, "enterprises," which are defined as government-owned businesses authorized <br />to issue their own revenue bonds and that receive less than ten percent of their annual revenue in <br />grants from all Colorado state and local governments combined; and <br /> <br />WHEREAS, as a home rule municipality of the State of Colorado, the City of Louisville <br />has its own bonding authority under various provisions of the Colorado Constitution, the <br />Colorado Revised Statutes, and its home rule Charter; and <br /> <br />WHEREAS, the City Council intends that its solid waste and recycling activity <br />enterprise will receive less than ten percent of its annual revenue in grants from all Colorado <br />state and local governments combined; and <br /> <br />WHEREAS, the City Council finds that it would be in the public interest to create a solid <br />waste and recycling activity enterprise and to expressly recognize the activities thereof as an <br />enterprise within the meaning of said Section 20 of Article X; <br /> <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE <br />CITY OF LOUISVILLE, COLORADO: <br /> <br />Section 1. Incorporation. The foregoing recitals are incorporated herein as findings <br />of the City Council. <br /> <br />Section 2. <br />reqUIres: <br /> <br />Definitions. As used in this ordinance, unless the context otherwise <br /> <br />(a) "Grant" means the cash payment of public funds made directly to a municipal <br />activity enterprise by the state or a local governmental entity, including the City, which cash <br />