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<br />b. the resolutions or ordinances of the BORROWER authorizing the execution and <br />delivery of the contract were duly adopted by the governing bodies of the <br />BORROWER; <br /> <br />c. there are no provisions in the Colorado Constitution or any other state or local law <br />that prevent this contract from binding the BORROWER; <br /> <br />d. the contract will be valid and binding against the BORROWER if entered into by the <br />. CWCB; and <br /> <br />e. the election held by the BORROWER to obtain voter approval of this loan met all <br />requirements of the Colorado Constitution or any other state or local law. <br /> <br />8. Pledge of revenues. The BORROWER irrevocably pledges to the eWCB, for purposes <br />of repayment of this loan, revenues levied for that purpose as authorized in Appendix 3 <br />and any other funds legally available to the BORROWER, in an amount sufficient to pay <br />the annual payment due under this contract ("Pledged Revenues"). Further, the <br />BORROWER agrees to: <br /> <br />a. Segregation of Pledged Revenues. The BORROWER shall set aside and keep the <br />Pledged Revenues in an account separate from other BORROWER revenues, and <br />warrants that these revenues will not be used for any other purpose. <br /> <br />b. Establish Security Interest. The BORROWER has duly executed a Security <br />Agreement, attached hereto as Appendix 4 and incorporated herein, to provide a <br />security interest to the CWCB in the Pledged Revenues. The CWCB shall have <br />priority over all other competing claims for said revenues, except for the liens of <br />the BORROWER'S existing loans as listed in Section 5 (Schedule of Existing Debt), of <br />the Project Summary, which sets forth the position of the lien created by this <br />contract in relation to any existing Iien(s). <br /> <br />c. Rate Covenant. Pursuant to its statutory authority and as permitted by law, the <br />BORROWER shall take all necessary actions consistent therewith during the term of <br />this contract to establish, levy and collect taxes as described in Appendix 3, in <br />amounts sufficient to pay this loan as required by the terms of this contract and <br />the Promissory Note, to cover all expenditures for operation and maintenance <br />and emergency repair services, and to maintain adequate debt service reserves, <br />including obtaining voter approval, if necessary, of increases in the BORROWER'S <br />rate schedule or taxes, if applicable. <br /> <br />d. Debt Service Reserve Account. To establish and maintain the debt service <br />reserve account, the BORROWER shall deposit an amount equal to one-tenth of an <br />annual payment into its debt service reserve fund on the due date of its first annual <br />loan payment and annually thereafter for the first ten years of repayment of this <br />loan. In the event that the BORROWER applies funds from this account to <br />repayment of the loan, the BORROWER shall replenish the account within ninety <br />(90) days of withdrawal of the funds. <br /> <br />e. Additional Debts or Bonds. The BORROWER shall not issue any indebtedness <br />payable from the pledged revenues and having a lien thereon which is superior to <br />the lien of this loan. The BORROWER may issue parity debt only with the prior <br />written approval of the CWeB, provided that: <br /> <br />Page 3 of 10 <br />