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Res 183-97 12/2/1997RESOLUTION NO. 1 .3 -- RESOLUTION TO REQUEST FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD, AUTHORIZE THE SUBMISSION OF AN APPLICATION FOR SUCH FINANCIAL ASSISTANCE, AND DESIGNATE THE CITY MANAGER AND DIRECTOR OF PUBLIC WORKS AS THE AUTHORIZED REPRESENTATIVES OF THE CITY OF WICHITA FALLS FOR EXECUTING THE APPLICATION AND FOR APPEARING BEFORE THE TEXAS WATER DEVELOPMENT BOARD REGARDING THE APPLICATION WHEREAS, the City of Wichita Falls has conducted a comprehensive analysis of its wastewater collection system in compliance with an Administrative Order issued by the U.S. Environmental Protection Agency; WHEREAS, the purpose of this study was to determine the system rehabilitation and expansion necessary to stop the periodic overflow of raw sewage from the collection system prior to treatment to standards imposed under the Federal Clean Water Act; WHEREAS, the City is progressing on a rehabilitation and expansion schedule previously approved by EPA to meet the requirements of the Administrative Order; WHEREAS, it now is necessary for the City to seek financial assistance in the form of a low- interest loan in the amount of $8,060,000 from the Texas Water Development Board, said proceeds to be used for the next phase of work; WHEREAS, the application for the said financial assistance requires certain declarations by this City Council; and, WHEREAS, the Council desires to authorize submission of the application and to designate the City of Wichita Falls representatives in relation to the application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City of Wichita Falls does hereby seek financial assistance from the Texas Water Development Board in the form of a low- interest loan from the State Revolving Fund, such loan proceeds to be used to fund the construction of certain sanitary sewer rehabilitation and expansion projects. The staff of the City of Wichita Falls is hereby authorized to submit an application for such financial assistance within the terms of the procedures established by the Texas Water Development Board. The City Manager of the City of Wichita Falls is designated as the authorized representative of the City for executing the application. The City Manager and Director of Public Works of the City of Wichita Falls are designated as the authorized representatives of the City for appearing before the Texas Water Development Board in relation to the application for a low - interest loan. In addition, Sentry Management, Inc. as financial advisor for the City and McCall, Parkhurst & Horton L.L.P. as bond counsel, are authorized and directed to assist the City Manager and prepare such documents as are necessary in connection with the bonds to be issued to the Texas Water Development Board in evidence of the loan. PASSED AND APPROVED this the 2nd day of December, 1997. ATTEST: City Clerk •; C C Affidavit of Application Facts Attachment L� City of Wichita Falls Application for State Revolving Fund SRF Project #3882-03 December, 1997 APPLICATION AFFIDAVIT THE STATE OF TEXAS § COUNTY OF WICHITA § CITY OF WICHITA FALLS § BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared James Berzina, City Manager of the City of Wichita Falls, who being by me duly sworn, upon oath says that (i) to the best of his knowledge and belief, the facts and information contained in the Application to the Texas Water Development Board for financial assistance are true and correct, (u) the City of Wichita Falls will comply with all representations in the Application to the Texas Water Development Board for financial assistance, all laws of the State of Texas, and all rules and published policies of the Texas Water Development Board, (iii) to the best of his knowledge, there is no litigation or other proceeding pending or threatened against the City of Wichita Falls before any court, agency, or administrative body wherein an adverse decision would - materially adversely affect the financial condition of the City of Wichita Falls or the ability of the City of Wichita Falls to issue debt and (iv) the Application to the Texas Water Development Board for financial assistance was approved by the City Council in an open meeting. Name: James Berzina / Title: City Manager - SWORN TO AND SUBSCRIBED BEFORE ME, by James Berzina, City Manager of the City of Wichita Falls, this / day of ��° %°,�r���% , 1997. Notary Public, State of Texas (NOTARY'S SEAL) LINDA JOHNSON WILBUR �* Notary Public State of Texas MY Commission Expires JULY 5 2000