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<br />AGENCY AME: Water ConselVation Board
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<br />AGENCY NUMBER: PDA
<br />ROUTING NUMBER: 97 PDA 01055
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<br />$130,000
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<br />LOAN CONTRACT
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<br />THIS CONTRACT, made this J 3 day of 1997, by
<br />and between the State of Colorado for the use and benefit f t' Department of Natural
<br />Resources, Colorado Water Conservation Board ("CWCB"), hereinafter referred to as the STATE,
<br />and the CITY OF IDAHO SPRINGS, ("CITY") and the CITY OF IDAHO SPRINGS, COLORADO,
<br />WATER ENTERPRISE, P.O. Box 907, Idaho Springs, Colorado 80452, hereinafter referred to
<br />as the BORROWER and/or CONTRACTOR,
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<br />FACTUAL RECITALS
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<br />1, Authority exists in the law, and funds have been budgeted, app~riated and otherwise made
<br />available and a sufficient unencumbered balance thereof remains l:...vailable for payment in Fund
<br />Number 424, Organization YYYV, AppropriatiOI1 EIA, GBL !, .14,0;, Program WTRC, Object Code
<br />5110, Reporting Category 3740, Contract EncumDrance NumberC153740,
<br />..j.~ ": -". , .,' '. ":.:i:~t.
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<br />2, Required approval, clearance, and coordination l1av~ be~n ~cec6mpli~;"d from and with appropriate
<br />agencies. . '. '?t".'. ;l\~.. ~.~t~.~.,. .~): "!".i [;:~.'~.
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<br />3, Pursuant to the provisions :1~JJJ-119ta~~';i~0-~,s, (1990), the STATE is authorized to
<br />loan money for the constructio,~~ater pt0~c~he benefit of the people of the STATE provided
<br />that the borrower assures repa~ of th~oney,
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<br />4. In accordance with ~ 37-60-122,6, C,R.S, (Supp. 1996), the STATE is authorized to loan money from
<br />the Emergency Infrastructure Account for proj@cts which it determines are necessary to avoid
<br />unreasonable risk of injury or damage to human health or well-being or to property or crops when the
<br />"', CWCB~also determines that the emergency condition is not the result of negligence in the operation
<br />or maintenance of the infrastructure and that the viability or success of the emergency project is not
<br />depend~~t upon further appropriations or loans,
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<br />5, "<The. City of Idaho Springs is a statutory city pursuant to ~ 31-1-203, C,R.S, (1986), located in Clear
<br />,!,. ' C(ee~; County in the State of Colorado,
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<br />6, TheQity of Idaho Springs, Colorado, Water Enterprise is an enterprise within the meaning of ~ 37-
<br />45,1-1Qf~tsea" C,R.S, (1996 Supp,) and Article X, Section 20 of the Colorado Constitution, and was
<br />established by Resolution No, 12, Series 1995 of the City Council of the CITY dated December 29,
<br />1995, incorporated herein by reference,
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<br />7, Pursuanl to ~~ 37-45,1-101 et sea, and 31-15-302 et sea" C,R.S" the BORROWER is authorized to
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<br />contract to borrow money provided that ordinanceS have been duly adopted by the City Council of the
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<br />City of Idaho Springs and
<br />City of Idaho Springs, Colorado, Water Enterprise
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