C150152 Contract

• Contract/PO #: C150152
• Contractor Name: New Castle, Town of
• Contract Type: Loan
• Water District: 39
• County: Garfield
• Loan Projects - Doc Type: Contract Documents

TOWN OF NEW CASTLE
ORDINANCE NO. 463

AN ORDINANCE OF THE TOWN OF NEW CASTLE ESTABLISHING A WATER AND
SEWER ACTIVITY ENTERPRISE AND DECLARING AN EMERGENCY.

WHEREAS, theTown of New Castle ("Townll) is a statutOIy town authorized by Article IS,
Title 31, CRS., as amended, and Article 35, Title 31. C.R.S.. to provide water and sewer activities,
semct::l, HIld lkl.:iiliLies within and without the IIWDicipal boundaries of the Town; and

W1lER.EAS, such water and sewer activities include but are not limited to the acquisition.
diversion, storage, carriage, delivery, distnbution. coUection, treatment, US~ reuse, 81igmenta1ion.
exchange, or discharge of water and wastewater services and f8.cilities related thereto (hereinafter
"Water Activities"); and

WHEREAS, the Town has historically conducted and operated such Water Activities as a
government-owned business of the Town.. providing services in exchange for the payment of user fees
and charges; and

WHEREAS, the Town desires to establish and confinn a water activity Enterprise in
conformance with the provisions of Article 45.1. Title 37, CRS. ("Act"), with the power to issue
its own revenue bonds for the financing of water and sewage :facilities, in order to exclude the
Enterprise from the pnMsions of Section 20, Artil;le 10, of the Colorado Constitution (liT ABOR");
and

WHEREAS, the Town's water activities will1hereafter be operated and I1UI.intaincd liS an
Enterprise within the meaning of TABOR., and which Enterprise shall be separate and distind from
the governmental activities of the Town; and

"-
WHE.REAS. the Town Board of TrUstees finds tlmt the establishment of a Water and Sewer
Enterprise oftbe Town through an emergency ordinance ill in the best interests of the public health,
safety, and welfare, and that such emergency ordinance is, authorized by tbe Town Code and the laws
of the State of Colorado.

NOW, THEREFORE, '!HE BOARD OF TRUSTEES OF THE TOWN OF NEW CASTLE,
COLORADO, ORDAINS:

Section 1, Findings. That the Board of Trustees incorporates the foregoing recitals as
findings and determinations of the Board ofTl\Jstee9. '

Seetipn 2. Emergency. That the Board of Trustees further finds !bat this emergency
Ordinance is necessary to the immediate preservation of the public peace, health, and safety for the
following reason: the Town has historical1y operated its water and sewer funds as an emmprise;
however, to satisfY the provisions of TABOR, the Town desires to formally adopt.a water and sewer
enterprise prior to the end of 1995, p~ant to Senate Bill 93-130.