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4 r <br /> RESOLUTION NO. WAE 001-13 <br /> A RESOLUTION OF THE TOWN OF FOWLER BOARD OF TRUSTEES ACTING BY <br /> AND THROUGH ITS WATER ACTIVITY ENTERPRISE AUTHORIZING A LOAN TO <br /> CONSTRUCT A RAW WATER LINE FOR AUGMENTATION AND PLEDGING <br /> WATER ACTIVITY ENTERPRISE REVENUES <br /> WHEREAS, the Town of Fowler Board of Trustees ("Board") of the Town of Fowler <br /> met on October 14, 2013 in open public session after giving proper notice; and <br /> WHEREAS, in adopting this Resolution Number WAE 001 concerning a secured loan <br /> from the State of Colorado Water Conservation Board("CWCB), for the purpose of the <br /> Augmentation Waterline Project in the amount of$277,245, more or less, as may be needed by <br /> the Town and available from the CWCB including the CWCB loan origination fee of one percent <br /> (1.0%) of the loan amount the Trustees are acting by and through the Town of Fowler's Water <br /> Activity Enterprise established in Ordinance Number 688-13 previously adopted by the Board; <br /> and <br /> WHEREAS, at said meeting, the Board charged that this resolution is irrepealable during <br /> the term of the loan and, pursuant to the state of Colorado statutes and the Town of Fowler's <br /> ordinances and authorized the Town of Fowler Mayor and town clerk as follows. <br /> NOW, THEREFORE,BE IT RESOLVED AS FOLLOWS. <br /> 1. The mayor is hereby authorized to enter into and comply with the terms of a contract with <br /> the Colorado Water Conservation Board for a loan in the amount of$277,245, or such <br /> actual amount, more or less, as needed to finance the Augmentation Waterline Project <br /> costs, including the CWCB loan origination fee of one percent(1.0%), and <br /> 2. to levy and collect water activity enterprise revenues in an amount sufficient to pay the <br /> annual amounts due under the LOAN CONTRACT, and to pledge said revenues and the <br /> Water Activity Enterprise's right to receive said revenues for repayment of the loan, and <br /> 3. to place said pledged revenues in a special account separate and apart from other Water <br /> Enterprise Activity's revenues, and <br /> 4. to make the annual payments required by the PROMISSORY NOTE and to make annual <br /> deposits to a debt service reserve fund, and <br /> 5. to pledge the Water Activity Enterprise revenues backed by a rate covenant and annual <br /> financial reporting as COLLATERAL for the loan and execute all documents, including a <br /> PROMISSORY NOTE and SECURITY AGREEMENT, necessary to convey a security <br /> interest in said property to the CWCB, and <br /> 6. to execute all documents as require by the LOAN CONTRACT, including, but not <br /> limited to, a PROMISSORY NOTE and SECURITY AGREEMENT, and <br /> APPENDIX 3 <br /> Page 1 of 2 <br />