HomeMy WebLinkAbout106-01 RESOLUTION•
RESOLUTION NO. 106-01
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A RESOLUTION OF INTENT REGARDING THE
REIMBURSEMENT OF CERTAIN COSTS AND EXPENSES
INCURRED IN CONNECTION WITH THE ACQUISITION,
CONSTRUCTION AND EQUIPPING OF IMPROVEMENTS
TO THE SEWER SYSTEM OF THE CITY OF FAYETTEVILLE
WHEREAS, the CITY of Fayetteville, Arkansas (the "CITY") desires to
obtain all or a portion of the financing for the acquisition, construction and
equipping of a new sewer treatment facility; and, for the acquisition,
construction, reconstruction, extending, improving and equipping of
modifications to the sewer collection system, and, for construction,
reconstruction, extending, improving and equipping of improvements to the
existing sewer treatment plant; herein after called the "Project"; and
WHEREAS, the CITY does not have adequate funds on hand to pay the
estimated costs of the Project and related expenses; and
WHEREAS, the CITY proposes to obtain all or a portion of the necessary
funds to accomplish the Project and to pay related expenses from one or both of
the following sources:
(a) tax-exempt revenue bonds issued and sold by the Arkansas
Development Finance Authority ("ADFA") under the Arkansas Revolving Loan
Fund Program, a portion of which proceeds would be loaned to the CITY
("ADFA Bonds"); or
(b) tax-exempt revenue bonds issued by the CITY and sold
through an underwriter or to a bank or governmental entity ("CITY Bonds"); and
WHEREAS, the proceeds of ADFA Bonds would be made available to the
City through the issuance by the CITY and the sale to ADFA of an evidence of
indebtedness of the CITY in the form of a bond; and
WHEREAS, the maximum principal amount of bonds expected to be
issued by the City (not counting a previous issuance of Ten Million Dollars of
sewer bonds) is One Hundred and Twenty -Five Million Dollars.
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Resolution 106-01
WHEREAS, the purpose of this Resolution is for the CITY to declare its
"official intent" to reimburse itself for certain preliminary costs (INCURRED by
or on behalf of the CITY and related to the Project) pursuant to Section 1.150-2 of
the Regulations of the U.S. Department of treasury promulgated pursuant to the
provisions of the Internal Revenue Code of 1986, as amended;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the adoption of this Resolution is intended as the
CITY's "official intent" to reimburse itself from the proceeds of ADFA Bonds or
CITY bonds for preliminary costs of the Project and related expenses advanced
by the CITY.
Section 2. That a copy of this Resolution shall be furnished by the
Mayor to the Arkansas Department of Environmental Quality and/or the
Arkansas Soil and Water Conservation Commission, as the agency overseeing
the State's Revolving Loan Fund Program.
PASSED and APPROVED this the 17th day of July, 2001.
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By:
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APPROVED:
By. r.,CZA7eezeeti
r Woodruff, City C
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NAME OF FILE: Resolution No. 106-01
CROSS REFERENCE:
07/17/01
Resolution No. 106-01
07/23/01
Departmental Correspondence to Dan Coody, Mayor, from Heather
Woodruff, City Clerk
NOTES:
FAYETTEVItE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
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To: Dan Coody, Mayor
From: Heather Woodruff, City Clerk
Date: July 23, 2001
Attached is a copy of the resolution of intent regarding the reimbursement of certain cost and
expenses incurred in connection with the acquisition, construction and equipping of
improvements to the sewer system of the City of Fayetteville.
cc: Ted Webber, Administrative Services
Nancy Smith, Internal Audit
John Maguire, Administrative Services
Steve Davis, Budget and Research
Kit Williams, City Attorney
M
Ci
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I -41
MEMORANDUM OF AGREEMENT
BETWEEN
THE ARKANSAS SOIL AND WATER CONSERVATION COMMISSION
AND
THE MUNICIPALITY OF CITY OF FAYETTEVILLE, ARKANSAS
ESTABLISHING THE PLANNING AND DESIGN SCHEDULE
FOR WASTEWATER TREATMENT FACILITY IMPROVEMENTS
FUNDED BY THE REVOLVING LOAN FUND
I. INTRODUCTION AND PURPOSE
The Municipality of City of Fayetteville, hereinafter referred to as the "applicant", is
applying for funding assistance from the Revolving Loan Fund (RLF) program
administered by the Arkansas Soil and Water Conservation Commission, hereinafter
referred to as ASWCC.
Prior to project funding, planning and design requirements of the program must be
fulfilled, and an RLF application certified in accordance with the Administrative Control
Section of the RLF Priority System.
The purpose of this Memorandum of Agreement (MOA) is to define the conditions and
terms under which planning, design and application documents will be submitted by the
applicant and reviewed by ASWCC.
II. GENERAL PROVISIONS
1. No document submittal date contained herein shall take precedence over
document submittal dates contained in any ASWCC or EPA compliance schedule.
2. The refusal of ASWCC to accept and review project documents submitted in
violation of this MOA schedule does not discharge the applicant from meeting any
requirements of its compliance schedule.
3. If the applicant fails to meet a submittal date contained herein and has not
requested a change to that date in accordance with Section IV.2. of this MOA, ASWCC
will add one percent to the interest rate of any loan agreement that the applicant may
enter into based on this MOA.
III. PROCEDURES
1. The applicant will develop all planning and design documents in accordance with
the requirements of 40 CFR Part 35, Subpart K and APC&E Regulation Number 10.
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2. All subagreements for planning and design engineenng services shall contain a
damages clause addressing the nonperformance or negligence of the consulting
engineering firm as required by the ASWCC. This clause shall incorporate the submittal
schedule from this MOA as a part of the subagreement and provide protection to the
applicant for failure of performance by the consulting engineenng firm: The executed
subagreement shall be submitted to ASWCC for review and approval of this clause
when this Memorandum of Agreement is signed by the applicant.
3. The applicant will submit all planning, design and application documents under
the schedule presented below:
RECEIPT
SUBMITTAL SCHEDULE DATE BY ASWCC
A. Preliminary Engineering Report, 1/1 Analysis and
first submittal of the Application * SEE NOTE BELOW January 15, 2002
B. Draft Environmental Information Document (EID) January 15, 2002
C. Final EID with Public Participation Documents and
Final Engineering Report March 1, 2002
D. Proposed User Charge Ordinance with Rate Structure
Documentation (RLF-122) and Proposed Sewer Use Ordinance
First Submittal (First Contract Section), of Plan and
Specifications (P&S) and Project Performance Workplan January 15, 2003
November 26,2002
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F. Enacted User Charge Ordinance with Rate Structure
Documentation and Enacted Sewer Use Ordinance February 11, 2003
Final P&S (First Contract Section), Project Performance
Workplan and the Final Application (including the
Agreement for Construction Phase Engineering Services)
4. Target date for application certification is April 30, 2003.
March .11, 2003
* NOTE At this time, review public participation requirements:
1. Schedule public meeting to discuss altematives.(30-day notice).
2. .After public meeting, schedule public hearing to discuss selected alternative and
receive general comments from the public (45 -day notice). Mail EID and appropriate
notices to State and Federal agencies.
3. Hold public meeting and public hearing at scheduled times in accordance
Environmental Review requirements (RLF=99).
IV. NOTIFICATION AND REVISIONS
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1. ASWCC will remind the applicant, through written notification, of each document
due date at least 30 days prior to its scheduled submittal.
2._ Revision(s) of submittal dates shown in Section 111.3. above can be made, if
requested fifteen (15) days prior to the scheduled date, and upon the determination by
ASWCC that adequate Justification for those revisions has been supplied.
V. EFFECTIVE DATE
This agreement will be in effect on the date of the Executive Director's signature.
For the Arkansas Soil and Water
Conservation Commission
ung, P
eDirector
C2-- \ k (°'
Date
For the City of Fayetteville,
Arkansas
12-4 in/
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RLF-9A
(R-02/03)
AMENDMENT NUMBER _1_ TO MEMORANDUM OF AGREEMENT
BETWEEN
THE ARKANSAS SOIL AND WATER CONSERVATION COMMISSION
AND
THE MUNICIPALITY OF CITY OF FAYETTEVILLE, ARKANSAS
The original dates set forth in this agreement were predicted using a preliminary planning and
design schedule that, because of the project's magnitude and complexity has proved to be overly
optimistic. -
BY THE MUTUAL AGREEMENT OF THE ARKANSAS SOIL AND WATER
CONSERVATION COMMISSION AND THE MUNICIPALITY OF CITY OF
FAYATTEVILLE, the Memorandum of Agreement dated December 11, 2001, under Section 3,
Part III is hereby amendedas follows:
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SUBMITTAL SCHEDULE
A. Preliminary Engineering Report, I/I Analysis and
first submittal of the Application *SEE NOTE BELOW
B. Draft Environmental Information Document (EID)
C. Final EID with Public Participation Documents and
Final Engineering Report
D. Proposed User Charge Ordinance with Rate Structure
Documentation (RLF-122) and Proposed Sewer Use Ordinance
E. -First Submittal (First Contract Section), of Plans and •
Specifications (P&S) and Project Performance Workplan
F. Enacted User Charge Ordinance with Rate Structure
Documentation and Enacted Sewer Use Ordinance
G. Final P&S,(First Contract Section), Project Performance
Workplan and the Final Application (including the
Agreement for Construction Phase Engineering Services)
RECEIPT
DATE BY ASWCC
January 15, 2002
January 15, 2002
March 1, 2002
March 28, 2003
November 15, 2003
January 5, 2004
March 5, 2004
Target date for application certification is April 5, 2004.
* NOTE: At this time, review public participation requirements:
1. Schedule public meeting to discuss alternatives (30 -day notice).
2. After public meeting, schedule public hearing to discuss selected alternative
and receive general comments from the public (45 -day notice). Mail EID and
send notices to State and Federal agencies..
3. Hold public meeting and public hearing at scheduled times.
For the Arkansas Soil and Water
Conservation Commission
For the Municipality of City of
Fayetteville, Arkansas
David Meador, C ref Dan Coody, Mayor
Water Resources Division
3 24-
zoo3
Date
RLF-9A
AMENDMENT NUMBER _2 TO MEMORANDUM OF AGREEMENT (R-02/03)
BETWEEN
THE ARKANSAS SOIL AND WATER CONSERVATION COMMISSION
AND
THE MUNICIPALITY OF CITY OF FAYETTEVILLE, ARKANSAS
The original dates set forth in this agreement were predicted using a preliminary planning and
design schedule that, because of the project's magnitude and complexity has proved to be overly
optimistic.
BY THE MUTUAL AGREEMENT OF THE ARKANSAS SOIL AND WATER
CONSERVATION COMMISSION AND THE MUNICIPALITY OF CITY OF
FAYATTEVILLE, the Memorandum of Agreement dated December 11, 2001, under Section 3,
Part III is hereby amended as follows:
SUBMITTAL SCHEDULE
A. Prelumnary Engineering Report, I/1 analysis and
first submittal of the application *SEE NOTE BELOW
B. Draft Environmental Information Document (EID)
C. Final EID with public participation documents and
Final Engineering Report
D. Revised submittal proposed Wastewater User Charge
Ordinance with Rate Structure Documentation (RLF-122)
E. Commence submission of Wastewater Treatment Facilities
Final Plans and Specifications (P&S) and Project Performance
• Work Plan
F. Enacted user charge ordinance with rate structure
documentation and enacted sewer use ordinance
G. Final P&S,(last contract section), Project Performance
Work Plan and final application (including the
Agreement for Construction Phase Engineering Services)
Target date for application certification is July 30, 2004.
* NOTE: At this time, review public participation requirements:
1. Schedule public meeting to discuss altematives (30 -day notice).
2. After public meeting, schedule public hearing to discuss selected alternative
and receive general comments from the public (45 -day notice). Mail EID and
send notices to State and Federal agencies.
3. Hold public meeting and public hearing at scheduled times.
RECEIPT
DATE BY ASWCC
January 15, 2002 ✓
January 15, 2002 .
March 1, 2002
January 5, 2004.
May 5, 2004
February 23, 2004 /
December 30, 2004
For the Arkansas Soil and Water
Conservation Commission
A. Mark Bennett III, Chief —
----_____1)
Water I es�es Development Division
// 0,
Date
For the Municipality of City of
Fayettevi -, Arkans.
Lii
114/4
dr
. Dan CoodyMayor
/L 123
Date
1
RLF-9A
(R-02/03)
AMENDMENT NUMBER 3 TO MEMORANDUM OF AGREEMENT
BETWEEN
THE ARKANSAS SOIL AND WATER CONSERVATION COMMISSION
AND
THE MUNICIPALITY OF CITY OF FAYETTEVILLE, ARKANSAS
The original dates set forth in this agreement were predicted using a preliminary planning and
design schedule. Because more time and effort was required to move these treatment projects
forward than was originally anticipated coupled with additional time needed to address
outstanding permitting issues, it has been determined that the previous projections were overly
optimistic.
BY THE MUTUAL AGREEMENT OF THE ARKANSAS SOIL AND WATER
CONSERVATION COMMISSION AND THE MUNICIPALITY OF CITY OF
FAYETTEVILLE, the Memorandum of Agreement dated December 11, 2001, under Section 3,
Part III is hereby amended as follows:
SUBMITTAL SCHEDULE
G. Final P&S, Project Performance Workplan and
the Final Application (including the Agreement for
Construction Phase Engineering Services)
Target date for application certification is June 30, 2005.
* NOTE: At this time, review public participation requirements:
1. Schedule public meeting to discuss altematives (30 -day notice).
2. After public meeting, schedule public hearing to discuss selected altemative
and receive general comments from the public (45 -day notice). Mail EID and
send notices to State and Federal agencies.
3. Hold public meeting and public hearing at scheduled times.
For the Arkansas Soil and Water For the Municipality of City of
Conservation Commission Fayetteville, Arkansas
RECEIPT
DATE BY ASWCC
May 15, 2005
A. Mark Bennett III, Chief '
Water Resources Development Division
b1)031t9
Date
Page 1 of 1
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Dan Coody, Mayor
92 /04-1
Date