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PROJC01774 (2)
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PROJC01774 (2)
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Last modified
6/15/2011 9:57:29 AM
Creation date
5/12/2008 7:52:15 AM
Metadata
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Template:
Loan Projects
Contract/PO #
C150210
Contractor Name
Little Thompson Water District
Contract Type
Loan
Water District
4
County
Larimer
Loan Projects - Doc Type
Contract Documents
Supplemental fields
Water Division
1
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<br />Page 3 <br />Although the statute clearly authorizes the Board to unilaterally approve loans in amounts <br /> <br />less than five million dollars, it is not entirely clear whether the Board has the authority to grant <br /> <br />multiple loans to the same company for the same project without the approval of the Legislature. <br /> <br />It is arguable whether the Board could or should be allowed to grant multiple loans to the same <br /> <br />company for the same project. However, the statute does not explicitly prohibit the Board from <br /> <br />granting multiple loans. <br /> <br />II. The language of the statute does not explicitly prohibit the Board from granting <br />multiple loans. <br /> <br />Section 37-60-122(b), C.RS. states that the Board has the authority to grant loans in amounts <br /> <br />less than five million dollars without legislative approval. The statute does not address whether <br /> <br />the Board has the authority to grant multiple loans, all less than five million dollars, to the same <br /> <br />company for the same project. Although the statute does not explicitly grant the Board the <br /> <br />authority to grant multiple loans, it also does not explicitly prohibit the Board from granting <br /> <br />multiple loans. <br /> <br />However, one can argue that allowing the Board to grant multiple loans would effectively <br /> <br />circumvent the requirement for legislative approval for all loans in excess of five million dollars. <br /> <br />If the Board were allowed to grant multiple loans to the same company for the same project, it <br /> <br />could result in the Board granting all loans which would exceed five million dollars in <br /> <br />increments of five million dollars, thereby allowing the Board to bypass the legislative approval <br /> <br />requirement. Nevertheless, in this instance, the Board is not intentionally attempting to split a <br /> <br />loan in excess of five million dollars in order to bypass the requirement for legislative approval. <br /> <br />The Board is simply faced with a situation where the same company has come to the Board for a <br /> <br />loan on two separate occasions for the same project. <br />
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