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338 Loan Agreement For Water ReuseCITY OF YELM RESOLUTION N0. 338. WHEREAS, the intent of the Yelm City Council is to enter into a binding loan agreement between Yelm and the state of Washington, Department of Ecology for the purpose of achieving 100 Percent Water Reuse; and WHEREAS, Yelm is a duly formed and legally existing municipal corporation of the state of Washington and has full corporate and other power to enter into said Agreement; and WHEREAS, there- is no material adverse information relating to the Project or this Agreement known to the City, which has not been disclosed in writing to the Department of Ecology; and WHEREAS, no litigation is now pending or, to the City's knowledge, threatened, seeking to restrain or enjoin the execution of this Agreement, or the fixing or collection of the revenues, rates, and charges pledged to .pay the principal and interest on the loan, or in any manner questioning the proceedings and authority under which the loan is authorized, and neither the corporate existence or boundaries of the City nor the title of the present officers to their respective offices is being contested, and that no authority or preceding for the execution of this agreement has been repealed, revoked, or rescinded; and WHEREAS, this obligation does not create an indebtedness of the City .in excess of any constitutional or statutory limitations; and WHEREAS, the City has exercised due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and other outstanding obligations pledging the Gross Revenues of the Utility, and that it has not obligated the City to set aside and pay into the Loan Fund a greater amount of the Gross Revenues of the Utility than in its judgement will be City of Yelm Resolution No. 338 Page 1 . ., available over and above such Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and other obligations of the Utility; NOW, THEREFORE, be it resolved by the City Council of the City of Yelm, Washington that: Kathryn M. Wolf is designated as the authorized representative to sign the binding loan. agreement between the City and the state of Washington, Department of Ecology. This Resolution shall become effective on and after the 21st day of November, 1995. Ka hryn olf, Ma or Attest: ~2,te ~~irrc, ~fl Agn P. Colombo, City Clerk PASSED and APPROVED: November 21, 1995 City of Yelm Resolution No. 338 Page 2