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TOWN OF WINDSOR <br /> RESOLUTION NO.2013-77 <br /> A RESOLUTION APPROVING THE TERMS OF A SECURED LOAN FROM THE STATE OF <br /> COLORADO WATER CONSERVATION BOARD TO THE TOWN OF WINDSOR WATER <br /> UTILITY ENTERPRISE FOR THE ACQUISITION OF REAL PROPERTY AND WATER <br /> RIGHTS,AND THE CONSTRUCTION OF WATER DELIVERY INFRASTRUCTURE,AND <br /> AUTHORIZING THE TOWN MANAGER TO EXECUTE DOCUMENTS NECESSARY TO <br /> ACCOMPLISH SAME <br /> WHEREAS,the Town of Windsor("Town")is a Colorado home rule municipality,with all powers <br /> attributable thereto;and <br /> WHEREAS,the Town has established and maintained in good standing its Water Utility Enterprise <br /> pursuant to Article X,Section 20 of the Colorado Constitution;and <br /> WHEREAS, the Town has entered into a contract with the owners of property located at the <br /> northwest corner of the intersection of Colorado Highway 392 and Weld County Road 13,known to <br /> the parties as the"Kyger Property"; and <br /> WHEREAS,in order to facilitate the acquisition of the Kyger Property,the acquisition of necessary <br /> water rights and the construction of related water infrastructure("Kyger Property Project Costs"), <br /> the Town has applied for and been approved for a loan in the maximum amount of$4,545,000 from <br /> the Colorado Water Conservation Board("CWCB"); and <br /> WHEREAS,the Town Board has reviewed the loan documentation and,with the advice of counsel, <br /> is prepared to approve the loan and authorize the Town's Water Utility Enterprise to enter into the <br /> loan transaction. <br /> NOW,THEREFORE,BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF <br /> WINDSOR,COLORADO,AS FOLLOWS: <br /> 1. The Town Manager,on behalf of the Town's Water Utility Enterprise,is authorized to <br /> enter into and comply with the terms of a contract with the CWCB for a loan in the <br /> amount of$4,545,000,or such actual amount,more or less,as needed to finance the <br /> Kyger Property Project Costs,including a CWCB loan origination fee of 1%("Loan <br /> Contract"). <br /> 2. The Town's Water Utility Enterprise is authorized and directed to levy and collect water <br /> activity enterprise revenues in an amount sufficient to pay the annual amounts due under <br /> the Loan Contract,and to pledge said revenues and the Water Utility Enterprise's right <br /> to receive said revenues for repayment of the loan approved herein. <br /> 3. The Town's Water Utility Enterprise shall place said pledged revenues in a special <br /> account separate and apart from other Water Utility Enterprise revenues. <br /> Page 1 of 2 <br /> APPENDIX 3 <br />