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• Assembly appropriated funds and a contract was signed. A copy of the unsigned contract is <br /> attached. <br /> On July 10, 2003 WESTERN submitted its second loan application for$5.88 million. A copy of <br /> this application is attached. <br /> Interest Rate <br /> Because of the unusual situation of loaning money to a federal entity, the Board began discussing <br /> the interest rate issues surrounding a loan to WESTERN in July 1999. The Board decided that <br /> because federal power customers comprise municipalities and rural customers the most <br /> appropriate interest rate would be a blend of the Board's Agricultural and Municipal Middle- <br /> Income rate. <br /> In 2001, when the loan was authorized,the Agricultural rate was 3.5 percent and the Municipal <br /> Middle-Income rate was 5.5 percent. Simply blending these two rates resulted in an interest rate <br /> of 4.5 percent that was applied to the loan. <br /> If this same rationale is applied to this loan application, the interest rate will be 3.25 percent (a <br /> blend of our 2.5 percent agricultural rate and our 4 percent Municipal Middle-Income rate). <br /> Collateral and Other Terms <br /> The loan to WESTERN will be secured by the full faith and credit of United States government <br /> pursuant to 31 U.S.C.A. 3123, that pledges that the federal government will pay its obligations <br /> on public debt. <br /> 111 The term of the loan will be 30-years. Interest will begin accruing from the date the funds are <br /> disbursed,but no principal payment will be due until 2012. It was agreed that beginning <br /> repayment in 2012 would minimize the impact of repayment on power customers. The accrued <br /> interest would be added to the principal and the loan amortized over 30-years starting in 2012. <br /> WESTERN may elect to repay the CWCB in one lump sum at any time or make periodic <br /> payments. There would be no prepayment penalties. <br /> The parties agreed during the process of drafting and passing the federal authorization that a <br /> provision should be included in future contracts that would allow WESTERN to elect to not <br /> remit a loan payment for the purpose of minimizing the impact of loan repayment on SLCA-IP <br /> rates. This provision shall specify a date by which WESTERN must notify the CWCB of its <br /> intent to not remit a loan payment and shall provide that interest shall continue to accrue. Late <br /> charges would not apply. <br /> The contract must also recognize that WESTERN's payments are contingent upon federal funds <br /> being appropriated,budgeted, and otherwise made available. This is standard term in all federal <br /> contracts. A non-payment would not reduce or eliminate WESTERN's obligations to repay <br /> principal and interest. <br /> Recommendation <br /> We recommend approving a loan from the Colorado River Recovery Program Loan Fund in an <br /> amount up to $5.9388 ($5.88 million for project costs and$58,800 for the one percent loan <br /> origination fee in accordance with CWCB Loan Policy#16) to the Western Area Power <br /> • Administration for the purpose of constructing capital projects under the Upper Colorado and <br /> San Juan Endangered Fish Recovery Programs in accordance with PL 106-392. <br /> Colorado Water Conservation Board 3 <br /> Flood Protection•Water Project Planning and Financing•Stream and Lake Protection <br /> Water Supply Protection•Conservation Planning <br />