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<br />Town's Water Works Operating Fund, Water Capital Fund, and Sewer Revenue Bond Fund; and <br /> <br />WHEREAS, pursuant to Reso]ution 5-94 of the Town the SystelTl has been and continues <br />to be operated as a "water activity enterprise" within the meaning of the Water AcUyity Law; <br />and <br /> <br />WHEREAS, it is the intent of the Town to. continue Ibe operation of the System as a <br />water activity enterprise, and 10 reaffirm the "Town of Johnstown Water Activity Enterprise" <br />under the Water Activity Law; <br /> <br />BE IT ORDAINED BY THE BOARD OF TRUSTEES OF TRE TOWN OF <br />JOHNSTOWN, COLORADO: <br /> <br />Section 1. AmerrJrnent of rhe Municipal Code. The Johnstown Municipal Code of <br />Ordinances shall be amended, by the addition of Section 13-2, to read as follows: <br /> <br />Section 13-2. Town of JohnstoWll Water Activity Enterprise <br /> <br />(a) There is hereby established, pursuant to the tenus and provisions of the Water <br />Activity Law, Tit]e 37, Article 45.], Colorado Revised Statutes (the "Water Activity <br />Law"), the "Town of Johnstown Water Activity Enterprise" (the "Enterprise"). The <br />Enterprise shall consist of the business represented by all of the Town's water and sewer <br />facilities and properties, now owned or hereafter acquired, whether situated within or <br />without the Town boundaries, including aU present or future improvements, extensions, <br />enlargements, betterments, replacements. or additions thereof or thereto (the "System"), <br />The Enterprise shall have aJ] of the authority, powers, rights, obligations, and duties as <br />may be provided or permitted by the Water Activity Law and the Colorado Constitution, <br />and as may be further prescribed by ordinance or resolution of the Town. <br /> <br />(b) The governing body of the Enterprise (the "Governing Body") shall be the Board <br />of Trustees of the Town, and shall be subject to all of the appliCllble laws, roles, and <br />regulations pertaining to the Board. WheneHr the Board is in session, the Governing <br />Body shall also be deemed to be in session, It shall not be necessary for the Goyerning <br />Body to meet separately from the regular and special meetings of the Board, nor shall <br />it be necessary for the Governing Body to spel:ifically aIlnounce or acknowledge that <br />actions taken thereby are taken by the governing body of the Enterprise. The Governing <br />Body may conduct its affairs in the same manner and subject to the same laws which <br />apply to the Board for the same or similar mattersj provided that for purposes of 937- <br />45.1-]04(2), C.R.S., the Goyeming Body shall authorize the issuance of bonds by <br />adoption of an ordinance. <br /> <br />(c) The Enterprise shall at all times and in all ways conduct its affairs so as to <br />continue to qualify as a "water activity enterprise" within the meaning of ~37-45.1-102. <br />C.R.S., and as an "enterprise" within the meaning of Article X, Section 20, Colorado <br />