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<br />I
<br />
<br />-". J
<br />
<br />raw water to the Contractor and other participating entities; and
<br />
<br />WHEREAS, on July 21, 1993, pursuant to the National
<br />Environmental Policy Act, 42 U.S.C. 4331, et seq., the United
<br />States Department of the Interior, Bureau of Reclamation, issued a
<br />Finding of No Significant Impact No. EA-E-400-92-15, which
<br />determined that construction and operation of the Project will not
<br />significantly affect the quality of the human environment, and on
<br />October 22, 1993, issued a Special Use Permit to the NCWCD for
<br />Project-related activities on federal land; and
<br />
<br />WHEREAS, the Borrower
<br />construction of the Project,
<br />State; and
<br />
<br />desires to participate in the
<br />in part through financing from the
<br />
<br />WHEREAS, the Borrower has entered into an Interim Agreement
<br />with NCWCD dated January 27, 1993, to fund its pro rata share of
<br />certain design and cost estimates for the Project; and
<br />
<br />WHEREAS, in order to obtain the right to use its share of
<br />capacity in the Carter Lake-to-Broomfield segment of the Project as
<br />shown in Appendix B attached hereto and to fund its share of costs
<br />for planning, design, right-of-way acquisition, construction,
<br />administration, operation, maintenance, repair and rehabilitation
<br />of such segment of the Project, the Borrower soon will enter into
<br />an Allotment Contract, hereinafter called the Allotment Contract,
<br />with the SWSP Enterprise; and
<br />
<br />WHEREAS, the Borrower's right to utilize its share of the
<br />capacity of the Project as more fully set forth in its Allotment
<br />Contract with the SWSP Enterprise is a part of the security which
<br />the Borrower shall provide to the State to ensure the repayment of
<br />the loan made as a part of this contract; and
<br />
<br />WHEREAS, the Fort Lupton Water Utility is an Enterprise within
<br />the meaning of ~ 37-45.1-101 et seq. C.R.S. and Article x, Section
<br />20 of the Colorado Constitution as recognized by a resolution of
<br />I -{(; the City Council of the City of Fort Lupton dated November 17,
<br />V'~ 1993, attached hereto as Appendix C. The purpose of the Fort
<br />Lupton Water Utility Enterprise inter alias, is to continue to
<br />operate the water utilities of the City and to participate in the
<br />Project; and
<br />
<br />WHEREAS, at a regular meeting and workshop of the Colorado
<br />
<br />Water Conservation Board held at Denver, Colorado on February
<br />
<br />1993, the Board passed a
<br />reques t of the Borrower,
<br />$3,980,000, payable by the
<br />a period of 20 years; and
<br />
<br />resolution
<br />a loan in
<br />Borrower at
<br />
<br />which authorized, at
<br />the principal amount
<br />an interest rate of 4%
<br />
<br />19,
<br />the
<br />of
<br />for
<br />
<br />WHEREAS, pursuant to House Bill No. 93-1273, duly enacted into
<br />law in Section 1 of Chapter 254 of the 1993 Session Laws of the
<br />First Regular Session of the Fifty-Ninth General Assembly of the
<br />State of Colorado, the Colorado Water Conservation Board was
<br />authorized to loan the maximum sum of $7,050,000 to the cities of
<br />
<br />Page 2 of 12 pages
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