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<br />FROM Town of Coal Creek <br /> <br />PHONE NO. 719 784 61S~ <br /> <br />Jun. 19 2~~3 ~4:15PM P2 <br /> <br />This document is incorporated <br />into the contract by reference. <br />RESOL O. 7 - SERIES 2003 <br /> <br />A RESOLUTION RA TlFYJNG A WATER ACTMTY ENTERPRISE OF THE TOWN <br />OF COAL CREEK AND RATIFYING CEltTAlN ACTIONS TAKEN BY THE <br />BOARD OF TRUSTEES. <br /> <br />WHEREAS. the Town of eo a! Creek (the "Town"). in the County of Fremont and State <br />of Colorado, is a municipal corporation duly organized and e~sting under the <br />Constitution and the laws of the State of Colorado; and <br /> <br />WHEREAS, the Town has provided water services witlrin its service area and has <br />bistori~alJy operated its facilities as a government-owned business; and <br /> <br />WHEREA.S, the Board of Trustees has determined and hereby determines that it is in the <br />best interest of the Town and its customers to establish a water activity enterprise <br />pursuant to 37-45.1-101 et set}. Colorado Revised Statutes (the "Enterprise Act") that <br />shall be operated as an enterprise within this meaning of Article X, Section 20 of the <br />CQlorado Constitution (the "Amendment"); and <br /> <br />WHEREAS, the Board of Trustees has determined that the establishment of the <br />Enterpri$e will be in the best interests of its customers and promote the health, ~afety, <br />prosperity. security and general welfare of those customers. <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY lHE BOARD OF TRUSTEES OF THE <br />TOWN OF COAL CREEK; COLORADO IN THE COUNTY OF FREMONT AND <br />STATE OF COLORADO: <br /> <br />Section L Definitions. All terms used herein shall have the meanings in the <br />Entetprise Act unless otherwise defined herein. <br /> <br />Section 2. Enterprise Declaration. The Board of Tmstees hereby finds <br />and determines that it has historically provided and will conMue to provide water <br />services by means of the Town's water enterprise in conformity with all applicable <br />Colorado laws. The Board of Trustees further (1) recognizes and confirms that the <br />enterprise is an "enterpnseJ' within the meaning of the Amendment and the Enterprise <br />Act, and (II) dedares its intent that the Enterprise be operated and maintained so as to <br />exclude its activities from the application of the Amendment. <br /> <br />Section 3. Governing Board. The Board of Trustees shall constitute the <br />governing board of the Enterprise (the "Governing Board")_ The Governing Board shall <br />conduct the business of the enterprise in the same m8lU1er and follow the same <br />procedures as the Board of Trustees. All official business of the Enterprise shall be <br />conducted at regularly scbeduled or special meetings of the Board ofTru.stees. The <br />record of the proceedings of the Governing Board may be incorporated in the minutes of <br />the Board of Trustees meeting and shall not be required to be recorded separately. No <br />