For an ordinance creating and authorizing the Town of Deer Trail, Colorado, water enterprise (the water Enterprise) and the sewer enterprise (the sewer enterprise and together with the water enterprise, The Enterprises) and for the Enterprises to have and exercise certain powers in furtherance of their purpose.
Whereas, the Town of Deer Trail, Colorado (the "Town"), hereby adopts and approves this Ordinance establishing its Enterprises (the "Enterprise Ordinance"); and
Whereas, the Town currently operates its water system and sewer system as separate and distinct enterprises of the Town within the meaning of Article X, Section 20 of the Colorado Constitution ("TABOR"); and
Whereas, the Board of Trustees of the Town (the "Board") hereby declares and determines that the provision of municipal water and sewer services and facilities constitutes and shall constitute and continue to constitute water and sewer enterprises pursuant to TABOR; and
Whereas, the Board has determined and hereby determines that the Enterprise Ordinance be approved and adopted; and
Whereas, the Board desires to authorize the Enterprises to have and exercise certain powers in furtherance of their purposes.
The Town of Deer Trail Ordains:
Section 1.
The Town hereby finds and determines that it has historically provided and will continue to provide municipal water and sewer services by means of the Enterprises in conformity with TABOR, the Town Municipal Code, and all applicable Colorado law. The Board further recognizes and confirms that (a) the Water Enterprise be an enterprise consisting of the provision of municipal water services, and (b) the Sewer Enterprise be an enterprise consisting of the provision of municipal sewer services, and that each Water Enterprise and Sewer Enterprise continues to be an "enterprise" within the meaning of TABOR and all other applicable law, and that the Enterprises shall be operated and maintained to exclude their respective activities from TABOR.
Section 2.
The Board shall serve as the governing body of the Enterprises, and the officers of the Town shall serve as officers of the governing body and the Enterprises. The Mayor of the Town shall serve as President of the Enterprises; the Town Clerk shall serve as Secretary and Treasurer of the Enterprises; the Town Manager shall serve as Manager of the Enterprises; and the Town Attorney shall serve as attorney for the Enterprises.
Section 3.
The Enterprises shall have and may exercise the following powers: to hold meetings concurrently with regular or special meetings of the Board, to adopt ordinances in the manner in which Town ordinances may be adopted, to issue revenue bonds in the manner in which Town revenue bonds may be issued without voter approval in advance, to pledge any revenues of the Town's municipal water system or its municipal sewer system, separately, to the payment of such water or sewer revenue bonds and to pay such water or sewer revenue bonds therefrom, to enter into contracts relating to the water system or the sewer system in the manner in which Town contracts may be entered into, to make representations, warranties and covenants on behalf of the Town and to bind the Town to perform any obligation relating to the water system or the sewer system other than any multiple-fiscal year direct or indirect debt or other financial obligation of the Town without adequate present cash reserves pledged irrevocably and held for payments in all future years.
Section 4.
The Town shall continue to own the assets of the water system and the sewer system, acquire and convey properties constituting part of the water and sewer systems, manage, operate and maintain the water and sewer systems, employ and discharge the officers, managers and employees of the water and sewer systems, keep books and records relating to the water and sewer systems, invest and manage funds, budget and appropriate revenues and expenditures of the water and sewer systems, award and execute contracts and make expenditures relating to the water and sewer systems, fix, adjust and collect water, wastewater, and sewer rates, fees, tolls and charges and tap fees, and prescribe rules and regulations relating to the water and sewer systems. The Town may also borrow money, issue bonds or enter into other financial obligations relating to the water and sewer systems as provided in the Constitution of the State of Colorado.
Section 5.
Any inconsistency between this Ordinance and the statutes of the State of Colorado is intended. This ordinance is enacted pursuant to Article XX, Section 6 of the Colorado Constitution and to the extent of any such inconsistency, this Ordinance shall supersede such statutes.
Section 6.
All action not inconsistent with the provisions of this Ordinance heretofore taken by the Town or its officers and otherwise directed toward the authorization of the Enterprises to have and exercise certain powers in furtherance of their respective purposes is hereby ratified, approved and confirmed.
Section 7.
All ordinances, resolutions, bylaws, orders and other instruments, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any ordinance, resolution, bylaw, order, or other instrument, or part thereof, heretofore repealed.
Section 8.
If any section, subsection, paragraph, clause or other provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability thereof shall not affect any of the remaining sections, subsections, paragraphs, clauses or provisions of this Ordinance.
Section 9.
This ordinance shall take effect thirty days after publication upon adoption.
Introduced, read, and ordered published this 12th Day of June 2018.
This Ordinance shall become effective thirty days from publication.
James Johnson, Mayor
Town of Deer Trail, Colorado
Attest: Candice Reed, Town Clerk