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<br /> <br />AGENCY NAME: Water Conservation Board <br /> <br />AGENCY NUMBER: PDA <br /> <br />TRACT & PROMISSORY NOTE <br /> <br />day of [JcitJ13{L <br />State of Colorado for the use and benefit of the Department of Natural Resources, Colorado Water <br />Conservation Board (CWCB), hereinafter referred to as the STATE, and the TOWN OF LYONS, P.O. Box 49, <br />Lyons, Colorado 80540, hereinafter referred to as the BORROWER and/or CONTRACTOR. <br /> <br />PAIn <br />IN~ <br /> <br />ROUTING NUMBER: 97 PDA <br /> <br />$280,500 <br /> <br /> <br />THIS CONTRACT, made this <br /> <br />j <br /> <br />1996, by and between the <br /> <br />FACTUAL RECITALS <br /> <br />1. Authority exists in the law, and funds have been budgeted, appropriated and otherwise made <br />available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 424, <br />Organization YYYY, Appropriation A01, GBL LYON, Program WTRC, Object Code 5120, Contract Encumbrance <br />Number C153721. <br /> <br />2. Required approval, clearance, and coordination have been accomplished from and with appropriate <br />agencies. <br /> <br />3. Pursuant to the provisions of ~ ~ 37-60-119 and 37-60-120, C.R.S. (1990), the STATE is authorized <br />to loan money for the construction of water projects for the benefit of the people of the STATE provided that <br />the borrower assures repayment of that money. <br /> <br />4. The BORROWER is a statutory town pursuant to ~ 31-1-203, C.R.S. (1986), located in Boulder <br />County in the State of Colorado. <br /> <br />5. The BORROWER held an election on November 7, 1995, whereby voters approved increasing the <br />BORROWER'S debt by an amount up to $4,000,000 for the construction and improvement of the BORROWER'S <br />water system facilities, as shown on the election results incorporated herein by reference. <br /> <br />6. Pursuant to ~ 31-15-302, C.R.S. (1986), the BORROWER is authorized to contract to borrow money <br />provided that an ordinance has been duly adopted by its Board of Trustees authorizing repayment of the loan <br />to the STATE according to the terms of the contract. <br /> <br />7. The BORROWER applied to the STATE for a loan to be used for the rehabilitation of the TOWN'S raw <br />water intake structure, hereinafter referred to as the PROJECT. <br /> <br />8. The STATE has reviewed a feasibility report compiled by RBD, Inc., which is incorporated herein by <br />this reference, and, based upon the feasibility report, the STATE determined the PROJECT to be technically and <br />financially feasible. <br /> <br />9. At its January 24-25, 1996 meeting, the CWCB approved a loan to the BORROWER in the amount <br />of Two Hundred Eighty Thousand Five Hundred Dollars ($280,500), which amount sha.!Ylot exceed 75% of <br />actual PROJECT costs, at an interest rate of five percent (5%) per annum for a term of twenty (20) years to <br />finance PROJECT costs. <br /> <br />Town of Lyons <br /> <br />Page 1 of 1 2 <br /> <br />Loan Contract <br />