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CT2015-070 Contract
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CT2015-070 Contract
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Last modified
9/13/2016 8:25:16 AM
Creation date
8/12/2014 4:20:19 PM
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Loan Projects
Contract/PO #
CT2015-070
C150353
Contractor Name
Boxelder Basin Regional Stormwater Authority
Contract Type
Loan
Water District
3
County
Larimer
Loan Projects - Doc Type
Contract Documents
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RESOLUTION NO. 2014-2 <br /> RESOLUTION OF THE BOXELDER BASIN REGIONAL STORMWATER <br /> AUTHORITY CONCERNING AUTHORIZING MULTIPLE LOANS FROM THE <br /> COLORADO WATER CONSERVATION BOARD FOR THE PURPOSE OF <br /> FINANCING,IN PART: (I) THE LARIMER AND WELD CANAL CROSSING <br /> PROJECT, (II)THE EAST SIDE DETENTION FACILITY PROJECT,AND (III)THE <br /> COUNTY ROAD 52 IMPROVEMENTS PROJECT; AUTHORIZING THE EXECUTION <br /> OF PROMISSORY NOTES TO EVIDENCE SUCH LOANS AND SECURITY <br /> AGREEMENTS RELATING THERETO,AND PROVIDING FOR THE PAYMENT OF <br /> SUCH NOTES FROM STORMWATER SERVICE FEES, SYSTEM DEVELOPMENT <br /> FEES AND OTHER LEGALLY AVAILABLE REVENUES OF THE AUTHORITY; AND <br /> MAKING CERTAIN COVENANTS IN CONNECTION WITH THE LOANS AND <br /> PROVIDING DETAILS IN CONNECTION THEREWITH. <br /> WHEREAS, the Boxelder Basin Regional Stormwater Authority (the "Authority") is a <br /> drainage authority established in accordance with Section 29-1-204.2, Colorado Revised <br /> Statutes, as amended ("C.R.S."), and pursuant to an Intergovernmental Agreement for <br /> Stormwater Cooperation and Management dated August 20, 2008 (the "Original Authority <br /> IGA"), as amended by a First Amendment to Intergovernmental Agreement for Stormwater <br /> Cooperation and Management (the "First Amendment to Authority IGA" and, together with the <br /> Original Authority IGA, the "Authority IGA"), among the Board of Commissioners of Larimer <br /> County (the "County"), the City of Fort Collins, Colorado (the "City"), and the Town of <br /> Wellington (the "Town") (each of the County, the City and the Town constituting a "Member"); <br /> and <br /> WHEREAS, the City, the County and the Town have adopted a basin master plan titled <br /> "Boxelder Creek Regional Stormwater Master Plan" dated October 2006, prepared by PBS&J <br /> Consulting Engineers (the "Plan") pertaining to stormwater facilities serving properties in the <br /> Boxelder Creek Basin, located in the County, and a portion of which are located in the City or <br /> the Town; and <br /> WHEREAS, pursuant to the Authority IGA, the Authority has constructed, and intends to <br /> construct and otherwise provide, operate and maintain, stormwater facilities contemplated by the <br /> Plan(as more particularly defined in the Authority IGA,the "Project Improvements"); and <br /> WHEREAS, pursuant to the Authority IGA, the Authority is authorized to collect, and <br /> presently collects, a "Stormwater Service Fee" and a "System Development Fee" both as more <br /> particularly defined and described in the Authority IGA; and <br /> WHEREAS,the Authority has no taxing power; and <br /> WHEREAS, as provided in the Authority IGA, the sole function of the Authority is to <br /> plan for, finance, construct, acquire, own, operate and maintain the Project Improvements, which <br /> the Authority undertakes to do on a self-supporting basis (excluding the use of moneys not <br /> constituting local government grants under TABOR) and, as such, and as contemplated by the <br /> Authority IGA and further confirmed herein, the Authority constitutes an "enterprise"within the <br /> 4831-0427-7019.3 APPENDIX 3 <br />
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