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HomeMy WebLinkAbout1975-025-04/15/1975-CLARIFYING SOME OF THE TERMS OF THE AGREEMENT OF SEPTEMBER 5, 1974 BETWEEN THE CITY OF FORT COLLINS RESOLUTION 75 25 OF THE COUNCIL OF THE CITY OF FORT COLLINS CLARIFYING SOME OF THE TERMS OF THE AGREEMENT OF SEPTEMBER 5 1974 BETWEEN THE CITY OF FORT COLLINS AND PLATTE RIVER POWER AUTHORITY AND EXPRESSING THE UNDERSTANDING AND AGREEMENT OF THE CITY REGARDING SUCH CONTRACT WHEREAS The City of Fort Collins (the Participant ) on the 5th day of September 1974 entered into a Contract for the Supply of Electric Power and Energy with the Platte River Power Authority ( Platte River ) wherein Platte River contracted to provide electrical power and energy to the Participant which electrical power and energy the Participant agreed to take and pay for at the rate set forth in said Contract for the Supply of Electric Power and Energy the provisions of which are incorporated herein by this reference the same as if fully set forth and WHEREAS Paragraph 2 (b) of said Contract for the Supply of Electric Power and Energy provides that the rate charged by Platte River shall be reviewed annually and shall be revised if necessary so as to provide sufficient revenues to Platte River with the revenues of Platte River from all other sources to enable Platte River to make payments on account of principal of and interest on all indebtedness of Platte River and WHEREAS Platte River is now in the process of arranging an additional interim borrowing line of credit from Morgan Guaranty Trust Company of New York in the principal amount of $5 000 000 00 with an interest rate equal to 70/ of the minimum commercial lending rate of Morgan Guaranty Trust Company of New York as the same shall exist from time to time (with increased interest in the event the interest is not tax exempt) which interim borrowing will mature and become due and payable on September 1 1975 and WHEREAS Platte River intends to repay such interim borrowing from the proceeds of long-term publicly marketed indebtedness of Platte River which Platte River intends to issue prior to September 1 1975 but that if for any reason repayment is not made from such source it must be made from other sources available to Platte River and WHEREAS Platte River and the Participant recognize that Platte River may increase its rates in an amount which would be sufficient with other available funds if any to fully pay on September 1 1975 all indebtedness of Platte River including all amounts due Morgan Guaranty Trust Company of New York under the loan agreement to be entered into between Platte River and Morgan Guaranty Trust Company of New York and other loan agree- ments between it and Morgan Guaranty Trust Company of New York and First National Bank Fort Collins Colorado and in view of the fact that Platte River is an agency and instrumentality of the Participant and other municipalities and not an independent organization except in form and name Platte River could so increase its rates or require prepayment for power to be fur- nished if funds should be required for the payment of principal and interest on all of said interim borrowing and WHEREAS such rate increasing and fund raising abilities of Platte River constitute the fundamental assurance of repayment being relied upon by the Morgan Guaranty Trust Company of New York in entering into such interim loan agreement with Platte River _ NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that such City (the "Participant") does hereby recognize and agree (a) that paragraph 2 (b) of the Contract for the Supply of Electric Power and Energy between the Participant and Platte River for electric service was intended to and does empower and authorize Platte River if necessary to increase the rate charged by it pursuant to said contract (b) that Platte River may require prepayments for power to be furnished in the future to be made by the participating towns and cities and (c) that the Participant will provide Platte River on a pro rata basis with all other participating towns and cities with sufficient funds to the extent necessary and to the extent not provided under the authorities contained in clauses (a) and (b) of this Resolution to enable Platte River to repay at maturity whether by acceleration or otherwise the principal and interest required by all loan agreements between Platte River and Morgan Guaranty Trust Company of New York and notes executed in connection therewith including but not limited to the $5 000 000 00 loan now being arranged and to also repay at maturity the principal and interest required by the loan agreement between Platte River and First National Bank Fort Collins Colorado Passed and adopted at a regular meeting of the City Council held this 15th day of April A D 1975 ATTEST'' Mayor Deputy City C1eL,