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Case No. 92-C W-059, Findings of Fact, Conclusions of Law and Decree of the Court Approving Conditional Appropria[ive Rights of Substitution and Exchange, Application of The City of Black Hawk, Page I S 34.6. The New Plant will incorporate biological nutrient removal ("BNR"). In addition to BNR, the New Plant will incorporate additional Tertiary Wastewater Treatment processes to include filtration (flocculation and/or sedimentation may be incorporated in other processes prior to filtration), and/or other technologies ("TWT") followed by UV disinfection or another appropriate disinfection technology. 34.b.(1) The District will be responsible for the design of the New Plant and will use sound engineering practices and principles in the design, which may include pilot testing of UV and/or other technologies where appropriate. The stipulators shall be given the opportunity to review and comment upon all phases of the design process prior to the bidding process for the construction of TWT facilities at the New Plant. 34.c. The Funding Parties anticipate that the additional design and construction cost ofthe TWT processes at the New Plant will not exceed $1.5 million in 2000 dollars. The Funding Parties agree that the $1.5 million (2000 dollars) will be made up to the District, as follows: 34.x(1) Black Hawk and Central City and Gilpin County: 66.67 percent, not to exceed $1 million (2000 dollars) to be allocated among them as they determine by subsequent agreement; Thornton, Westminster, and the Coors Brewing Company: a total of 33.33 percent, not to exceed $500,000 (2000 dollars) to be allocated among them as they determine by subsequent agreement. Other entities may become party to either or both funding agreements. 34.c.(2) The sum of $1,500,000 (2000 dollars) shall be placed in escrow by December 31, 2000 with a United States chartered bank selected by the District, pursuant to an escrow agreement providing: (1) that the escrowed funds shall be used and drawn upon by the District solely to defray the design and construction cost of the TWT for the New Plant; (2) that escrowed funds (including interest thereon) that exceed the actual design and construction cost of the TWT for the New Plant (as determined upon completion of construction of the New Plant) shall be returned to the parties pro rata to their original contribution of funds. The Funding Parties agree, however, that instead ofescrowing their share ofthe additional design and construction costs, Black Hawk and/or Central City and/or Gilpin County may enter into a funding agreement with the District for their share, which funding agreement shall be binding, valid and enforceable under Colo. Const. Art. X § 20, and shall be subject to an election to ensure the enforceability of the funding agreement, which election shall be held in November, 2000, as provided by Colo. Const. Art. X § 20, and, ifany election on such funding agreement is thereupon defeated, then the required escrow payment shall be made by the party holding the election no later than December 31, 2000.