ORDER NO. 30182 RESOLUTION FOR FUNDING CENTER POINT WASTEWATER PROJECT Came to be heard this the 12th day of March, 2007, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve the Resolution to file an application with the Texas Water Development Board for funding of the Center Point Wastewater Project from the TWDB Economic Disadvantaged Area Program, and authorize the County Judge to sign same. 3c~/ k~ I~i~ ~- COMMISSIONERS' COURT AGENDA REQUEST MADE BY: Commissioner Williams OFFICE: Precinct 2 MEETING DATE: March 12, 2007 TIME PREFERRED: SUBJECT: (Please be specific). Consider, discuss and take appropriate action to adopt a Resolution authorizing Ken Couttty to file an application with Texas Water Development Boazd for funding far the Center Poim Wastewater Project from the TWDB Economic Disadvantaged Area Program. EXECUTIVE SESSION REQUESTED: NAME OF PERSON(S) ADDRESSING THE COURT: Commissioner Williams. ESTIMATED LENGTH OF PRESENTATION: 5 minutes. IF PERSONNEL MATTER-NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED All Agenda Requests will be screened by the CounTy Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation is appreciated and contributes toward your rogues[ being addressed at the eazliest opportunity. See Agenda Reques[ Rule adopted by Commissioners Court. W RD-006 tnoro6 TEXAS WATER'DEVELOFMENT BOARD Financial Assistance Application Procedures (VVRD-006) A complete application consists of: (1) general, legal, and fiscal information (outlined below); (2} an engineering feasibility report; (3) an environmental assessment; and (4) a water conservation and emergency water demand management plan (required for financial assistance of more thap $500,000). Assistance is available on request (call 512/463-7779). All applications should be sent to the following address: ' Texas Water Development Boatd OfTice of Project Finance & Construction Assistance P.O. Box 13231 1700 N. Congress Avenue Austin, Texas 78711-3231 (78701 for courier deliveries) Initially, an original and eight (8) copies of a document containing the following general, legal, and fiscal materials (except as otherwise indicated) should be submitted to the Texas Water Development Board. Applications submitted by a-mail must be followed with paper copies within five (5) busjness days to be considered as a complete application. Two (2) additional unbound double-sided copies (no staples or permanent binding) will be requested following staff review and comment. GENERAL INFORMATION: 1. Legal name of applicant(s) and each participating political subdivision and authority of law under which created and authority of law under which entity was created and debt is being issued; location, and population, 2. Name, title, address, phone, and fax numbers and a-mail address (if available) of official representative(s); 3. Names and titles of principal officers; ' 4. Name, address, phone, and fax numbers, a-mail address (if available) and contact person of: (a) project engineer; (b) bond counsel; (c) legal counsel [if other than bond counsel]; (d) financial advisor; and (e) any other consultant representing the applicant before the Board; 5. Comprehensive description of the project; 6. For each participating political subdivision (including federal or state agencies), provide breakdown of ownership interest, allocation of project costs including financing sources and current project status; and 7. Engineer's most current itemized project cost estimate (include a[I costs, specifically construction, engineering services, legal and fiscal costs, and funding sources in a Sources and Uses Statement format). FISCAL INFORMATION: 1. Full legal name and a description of the security for the proposed debt issue(s); give full explanation of pledge being offered including flow of funds, additional bonds requirements, and any existing rate covenants' 2. All bonds are book-entry only, include acknowledgement [hat applicant is awaze of and will abide by Depository Trust Company language; 3. Disclose all issues that may affect the project or the applicant's ability to issue and/or repay debt; 4. Circumstances surrounding prior default(s) on any debt; ""' S. Total outstanding debt. Segregate by type (G.O. or itevenue) and present a consolidated schedule for each, showing total annual requirements (include any authorized but unissed debt,); 6. G.O. and Revenue Debt per capita (regardless of pledge); and 7. Direct and overlapping tax rate table (regardless of pledge); '8; Assessed valuation per capita (regardless of pledge); 9. Five year sales tax collection history (regardless of pledge). 10. PROFORMA: a. If system revenues are anticipated to be used to repay the proposed debt, a proforma detailing projected gross revenues, operating and maintenance expenditures, net revenues available For debt service showing coverage of current and proposed debt paid from revenues and a cleaz statement ofthe revenue pledge being offered; and b. If taxes are anticipated to be used to repay the proposed debt, a proforma indicating the tax rate necessary to repay current and proposed debt paid from taxes. List the assumed collection rate and tax base used to prepare the schedule; I1. List of top ten (10) customers of the water and wastewater system by revenue with rnrresponding usage and percentage of total use, include whether any aze in bankruptcy 12. Five-year comparative system operating statement (not condensed), including audited prior years and unaudited year-to-date, with number of customers for each year, 13. Schedule of current water and sewer rates (include any additional service charges) and proposed rates needed to finance the project; average monthly residential water and wastewater usage, and corresponding average residential monthly bill; 14. Preceding five-year historical data regarding assessed valuation taxes (Residential, Commercial and Industrial) including net ad valorem taxes levied and corresponding tax rate "' (detailing debt service and general purposes), and tax collection rate; 15. Current top ten (10) taxpayers showing percentage of ownership to total assessed valuation; also, state if any are in bankruptcy and explain anticipated prospective impacts; 16. Maximum tax~permitted by law per $100 of property value; 17. One (1) copy of an annual audit including management letter for latest preceding fiscal year prepared by a C.P.A. or firm of accountants. 18. State if bond insurance will be purchased for the loan and if it will be financed with loan proceeds; 19. State if planning to use pre-design funding option; (If planning to use the pre-design funding option, see sequence of submittals on back of this page); 20. State if planning to use any other credit enhancement (i.e., surety bonds), the authority for its use, and which firm or company will be used; 21. Current outstanding bond ratings, Community Information 1. Median Household income (MHI) 2. Unemployment rate 3. Percentage of area below poverty level 4. Median age of work force 5. Largest employers Legal information ].One (1) certified original and three (3) copies of a resolution/ordinance requesting financial m assistance and identifying the amount of requested assistance, designating the authorized representative to act on behalf of the governing body, and authorizing the representative to execute the application, appear before the board on behalf of the applicant, and submit such other documentation as may be required by the executive administrator or the boazd. 2.One (1) certified original and three (3) copies of an affidavit executed by the official representative stating that for a political subdivision, the depision to request financial assistance from the board was made in a public meeting held'in accordance with the Open Meetings Act (Government Code, §551.001, et seq,), the information submitted in the application is true and correct according to best knowledge and belief of the representative, the applicant has no litigation br other proceedings pending or threatened against the applicant that would materially adversely af7ect the financial condition of the applicant or the ability ofthe applicant to issue debt, and the applicant will comply with all applicable federal laws, rules, and regulations as well as the laws of this state and the rules and regulations of the board. t 3. Three (3) copies gf~the following executed documents: (a) any option, sales, or lease agreement(s) necessary for the project; (b) any actual or proposed service contracts for water supply or sewer service indicating adequate supply or capacity for the life of the proposed loan; and (c) any actual or proposed contracts between the applicant and any other entity which wilt generate ievenues pledged to the repayment of the proposed debt; 4. Three (3) copies of all executed contracts for'consultant services included in the total project cost; 5. Fo; a proposed revenue issue secured by a subordinate lien, or to be issued on parity, two (2) copies of the resolution ordinance issuing the prior or junior lien or parity debt. 6. Status of Certificate of Convenience and Necessity or documentation of its area of designated service; 7. A citation to the specific legal authority in the Texas Constitution and statutes pursuaht to which the applicant is authorized to provide the service for which the applicant is receiving financial assistance. NOTE: Other information reasonably necessary jor an adequate understanding ojthe project may be required by staff. REQUIRED SUBMITTALS TO BE CONSIDERED A COMPLETE APPLICATION IP usING TxE PRE-DESIGN FUNDING OPTION; PRIOR TO A LOAN COMMITMENT. 1. Complete general, legal, and fiscal information described above {same as required by present rules); 2. A preliminary engineering feasibility report including a description of the problem and/or need, a description of the proposed project, alternatives considered, population and flow projections, a proposed work plan and schedule, area maps, and estimated project costs; 3. Ifthe loan is for more than $500,000, provide a draft Water Conservation Plan; 4. A discussion of known permitting, social, or environmental issues that may become involved in the evaluation of project alternatives and in the implementation of the proposed project; 5. Contracts for engineering services; and 6. Additional information as may be required by the Executive Administrator. Our Internet address is: www.twdb.state.tx.us In addition to the above materials, the following items should be provided in your initial submittal of an Economically Distressed Areas Program application: (Not eligible for pre-design funding option). 1. A current Capital Improvements Plan, which addresses at least five (5) years of the applicant's future infrastructure construction needs; 2. The applicant's latest rate study for its utility system; ifeconomica]ly distressed area is outside the boundazies of the applicant, provide cost of service calculation for the economically distressed area; 3. Information addressing the availability of grants through the county, TDHCA, ORCA, USDA and any other agency providing grants for water and wastewater projects (include the monies that have been teceived for the previous two years and any future uses and needs for the next two years); 4. Information addressing whether the applicant will need to utilize the Cotonia Plumbing Lout Program for hookup costs; 5. Describe procedures for collecting monthly customer bills (include procedures for collection of delinquent accounts}; F Tf applicant's service area is located within a retail public utility or a public utility that has a certificate of convenience and necessity under Chapter 13 of the Water Code, include an affidavit signed by the chief executive officer of the utility which shall state that the utility does not object to the construction and operation of the services and facilities in its service area; 7. To obtain a grant that exceeds 50 percent of the total Board financial assistance plus interest, an applicant must contact their regional office of the Texas Department of Health to request a finding that a "nuisance dangerous to the public health and safety exists resulting from water supply and sanitation problems in the area to be served by the proposed project"; and `~ 8. If financing is for wastewater project, copy of the resolution/ordinance establishing a mandatory hookup policy. 9. Status of authorized agent designation process with TCEQ. 0. Three plats most recently approved by the applicant (if a municipality) and/or the county. 11. Describe policies and procedures for enforcing the Model Subdivision Rules, including: a description of the staff and resources dedicated to monitoring and enforcement, and the methodology used to identify potential violators; recent cases where violation have been identified and the outcomes of such cases; and the permitting procedures and other controls in place to ensure that developers and residents comply with applicable requirements for safe and sanitary water and wastewater services. DRAFT' 1!29/07 Pre-Application Funding Meeting Applicant: Kerr Co. & the Upper Guadalupe River Authority Date: 03/01/07 Place: Stephen F. Austin Bldg. -1st Floor -Room 172 Time: 3:00 PM Funding Type: EDAP (water & wastewater) Funding Amount: $9,200,000.00 Application Deadline: N/A SIGN-IN SHEET Name Representing Position or Title Phone .1F,r.~~ «~~ -G„~,3 r,~~,w~F.~ ,S-~z X63'-~s-rv e N ~ e~o l ?'w ~ .heir- y6 -8 y 9 ~~.- ~ 1 f~ ~ j~f ~`1 I ~ `J ~ GA....l ~ ~' ~1 'r~. 111, l ~ 1 ~ i ~ ~ 1~. ~ ~~~ it ~ "'~ ~.(v R Ma'{- 2wl (r2lor~se.,~ 6y '~ C~r,sb Rnr jUP P,~S ~W.11~ .' Cn~'~rcnne.~i.Jf ~2 /rP,1e/ 1 s« y -8v3 ~ Qr(J~~ Qi ~/w,~1 / U~ ~ i ~~~o al l,~.bc•t