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WHEREAS, The Town's Enterprise concurs in the need, desire and funding <br /> mechanism for the making of such repairs; and <br /> WHEREAS, The Colorado Water Conservation Board has funds available for <br /> such needs which funds may be loaned to municipal corporations for such projects; and <br /> WHEREAS, The Board of Trustees of the Town of Monument, on behalf of the <br /> Enterprise, previously filed an application with the Colorado Water Conservation Board <br /> for a loan in the amount of$2,081,000 to repair Monument Dam; and <br /> WHEREAS, The Colorado Water Conservation Board has approved the <br /> application for a loan to fund the project; and <br /> NOW THEREFORE, IT IS ORDAINED BY THE BOARD OF DIRECTORS OF <br /> THE MONUMENT WATER ENTERPRISE AS FOLLOWS: <br /> Section 1. Approval of Loan Contract, Promissory Note and Security Agreement. <br /> The forms of the loan contract, the promissory note and the security agreement required <br /> by the State as security for repayment of borrowed funds (the"Loan Contract,"the <br /> "Promissory Note" and the "Security Agreement," respectively) and any changes thereto <br /> as may be necessary in the opinion of the Attorney and the bond counsel for the <br /> Enterprise to effectuate the intentions of the parties or to comply with the provisions of <br /> applicable law are hereby approved. <br /> Section 2. Authority to Execute. The President and the Secretary of the <br /> Enterprise are hereby authorized and directed to execute;and,deiiver the Loan Contract, <br /> the Promissory Note and the Security Agreement to the $ tate , <br /> Section 3. Use of Proceeds. The proceedsloi'the_loan shall be used for the <br /> payment of the costs of the Project and, if necessary and desirable,then payment of costs <br /> incident to the execution and delivery of the Loan COntract, the?romissory Note and the <br /> Security Agreement. <br /> Section 4. Acceptance of Loan. The Town of Monument Enterprise has agreed <br /> to accept the approved loan in the amount of$2,081,000 and the revenues from the <br /> Town's Water Enterprise Fund are hereby pledged to repay the loan over a thirty-year <br /> period. <br /> Section 5. Irrevocable Contract. This Ordinance is, and shall constitute, a <br /> legislative measure, and after the Loan Contract, the Promissory Note and the Security <br /> Agreement are executed and delivered, this Ordinance shall constitute an irrevocable <br /> contract between the Town, the Enterprise and the State, and this Ordinance shall be and <br /> shall remain irrepealable until the loan shall be fully paid, satisfied or discharged. <br />