|
<br />ORDINANCE NO. ~I
<br />
<br />AN ORDINANCE OF THE TOWN OF JOHNSTOWN. COWRADO,
<br />FORMALLY REESTABLISIDNG T.8E "TOWN OF JOHNSTOWNW A TER
<br />ACTIVITY ENTERPRISE"; REPEALING ALL ORDINANCES OR OTHER
<br />ACTS IN CONFLICTHEREWITBj AND DECLARING AN EMERGENCY.
<br />
<br />WHEREAS, the Town of Johnstown (the "Town"), in the County of Weld and State of
<br />Colorado (the "State"), is a municipal corporntion duly organized and existing under the laws
<br />of the State; and
<br />
<br />WHEREAS, pursuant to the provisions ofTitle 35, Article 31, Part 4. Colorado Revised
<br />Statutes the Town is authorizoo to operate and maintain water and sewerage facilities consisting
<br />of anyone or more: (i) works and improvements used in and as a part of the colle<:tion,
<br />treatment, or distribution of water for the beneficia) uses and purposes for which the water has
<br />be~n or may be appropriated; and (ii) of the various devices used in the coIlectiQ!I,_treatment,
<br />or disposition of sewage or industrial wastes of a liquid nature or storm, floOd, or surface
<br />drainage waters, respectively; and
<br />
<br />WHEREAS, pursuant to the provisions of Title 35, Article 31, Part 4, Colorndo Revised
<br />Statutes the Town has its own bonding capacity for the acquisition, construction, reconstruction,
<br />lease, improvement, betterment, or extension of any water facilities or sewer facilities; and
<br />
<br />WHEREAS, pursuant to the provisions of Title 37, Article 45.1, Colorado Revised
<br />Statutes (the "Water Activity Law"), State and local governmental entities which have their own
<br />bonding capacity under applicable law are authorized; (i) to establish or continue to maintain
<br />water activity enterprises for the purpose of pursuing or continuing water activities, including
<br />the construction, operation, repair, and replacement of water or wastewater facilities; and (ii)
<br />to issue or reissue bonds, notes, or other obligations payable from the revenues Qeriv~r to
<br />be derived from the function, service, benefits, or facility or from any other available funds of
<br />the enterprise, the terms and conditions of such bonds or other obligations to be as set forth in
<br />the resolution authorizing the same and, as nearly as practicable, as provided in Part 4 of Article
<br />35 of Title 31, C.R.S" relating to the issuance of water and sewer bonds; and
<br />
<br />WHEREAS, in order to qualify as a water activity enterprise under the Water Activity
<br />Law, the enterprise must consist of a goyernment water activity business owned by a
<br />governmental entity such as the Town, which enterprise receives under 10% of its annual
<br />revenues in grants from all Colorado state and local governments combined, and which is
<br />authorized to issue its own revenue bonds; and
<br />
<br />WHEREAS, the Town has heretofore determined and undertaken to combine, operate,
<br />and maintain its water facilities and sewer facilities as a single public utility and income-
<br />producing project (the "System") and accounts for the financial operations of the System in the
<br />
<br />ApPENDIX 1 TO CONTRACT #C 153719
<br />
|