Laserfiche WebLink
<br />Said general liability insurance shall name the State <br />as a co-insured. A copy of a certificate of said <br />liability insurance must be filed with the State prior <br />to the start of the operation of the project system. <br />Such certificate shall be incorporated herein as part <br />of this contract. <br /> <br />3. Make the services of said project available within its <br />capacity to all qualified persons in the Contractor'S service <br />area without discrimination as to race. color. religion. or I <br />natural origin at reasonable charges (including assessments or <br />fees). whether for one or more classes of service. in accordance <br />with a schedule of such charges formally adopted by the <br />Contractor through its Board of Directors. as may be modified <br />tram time to time. Provided. however. that the Contractor <br />shall not be required to allow pUblic access to or use of <br />Meadow Creek Reservoir for recreational or any other purposes. <br />Thereafter. the Contractor may. subject to the approval of the <br />State. make such modifications to the rate schedule as the <br />Contractor deems necessary to efficiently and economically <br />provide for the financial requirements of the system. including <br />repayment or the State, as long as the rate schedule remains <br />reasonable and non~discriminatory. The Contractor intends to <br />meet all financial requirements of the project through charges <br />to the users of the water stored in and delivered from project <br />facilities. and shall not levy ad valorem taxes in order to <br />make the payments required he~ein. <br /> <br />4. Pursuant to its Rules and Regulations and pursuant to <br />Sections 37-45-121 through 37-45-126. CRS (1973 and 1989 <br />Supp.). adjust its operating costs and service charges and levy <br />and collect taxes and special assessments from time to time as <br />necessary. upon written notice from the State. to provide <br />sufficient funds for adequate operation and maintenance. <br />emergency repair services. obsolescence reserves. and debt <br />reserves. and to assure repayment of the project loan to the <br />State as provided herein. If such assessments are not paid. <br />then the Contractor shall use all lawful measures to collect <br />such assessments, including proceedings under Section <br />37-45-129. CRS (1973). and under Article 7. Section 7,4. of the <br />Contractor1s Rules and Regulations. <br /> <br />5, Pursuant to its Rules and Regulations. have its Board <br />of Directors take all necessary actions consistent therewith to <br />adopt an order or a resolution authorizing the Contractor to <br />contract this loan debt. and authorizing the Chairman and <br />Secretary-Treasurer to pay the indebtedness. Such orders shall <br />be attached hereto as Exhibit C and included herein. The <br />Contractor. through a majority vote of a quorum of its Board of <br />Directors. shall also authorize the warranty deed security <br />interest required by the State in paragraph B,9, below, Such <br />authorization shall be attached hereto and incorporated herein <br />as Exhibit D. In accordance with the Contractor1s Rules and <br />RegUlations. Article 3. Section 3.3. a vote of the allottees <br />regarding the above actions of the Board of Directors shall <br />take place and verified evidence of the results shall be <br />attached hereto and incorporated herein as Exhibit E. The <br />above conditions must be performed by the Contractor prior to <br />the State performance under this contract. <br /> <br />6. Pursuant to Sections 37-45-121 through 37-45-126. CRS <br />(1973 and 1989 Supp.). and to its Rules and Regulations, <br />through its Board of Directors. take all necessary actions <br />consistent therewith to levy assessments to raise sufficient <br />funds to pay this contract loan debt in a timely manner and as <br />required by the terms and conditions herein to assure repayment <br />of the project loan to the State. In the event that the <br />assessment(s) levied by the Contractor. or the revenues <br />resulting therefrom. are or become insufficient to assure <br /> <br />Page 2 of ~ Pages <br />