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Res 2017-084/approving a principal forgiveness agreement with the Texas Water Development Board that forgives an amount not to exceed $961,821 out of $1,961,821 in principal funds to the city from the Clean Water State Revolving Fund to finance the planni
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Res 2017-084/approving a principal forgiveness agreement with the Texas Water Development Board that forgives an amount not to exceed $961,821 out of $1,961,821 in principal funds to the city from the Clean Water State Revolving Fund to finance the planni
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6/2/2017 1:57:10 PM
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5/26/2017 10:29:06 AM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2017-84
Date
5/2/2017
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E. Environmental Compliance. The City shall comply with all environmental <br /> conditions and shall implement environmental mitigation measures as required <br /> through TWDB environmental review under 31 TAC Chapter 375, Subchapter E. <br /> 4.02. PROGRESS REPORTS. The Executive Administrator may request reports on the <br /> progress of the Project at any time. The reports shall contain information as directed by <br /> the Executive Administrator and shall be submitted periodically as requested. The City <br /> shall respond as requested and a failure to respond may result in withholding the release of <br /> funds from the Escrow Account. <br /> ARTICLE V. SPECIAL COVENANTS AND REPRESENTATIONS <br /> 5.01. CONDITIONS FOR DISBURSEMENT OF PRINCIPAL FORGIVENESS FUNDS. No <br /> Principal Forgiveness Funds shall be deposited into the Escrow Account or released until <br /> the applicable requirements and conditions in the TWDB Resolution and 31 TAC § 375.93, <br /> relating to Disbursement of Funds, are met. Construction funds shall not be released unless <br /> the City has complied with 31 TAC Chapter 375, Subchapter E, relating to Environmental <br /> Reviews and Determinations and 31 TAC §§ 375.81 - 375.83, relating to Engineering <br /> Review and Approval. If other conditions affect the release of funds, the Parties agree to <br /> negotiate in good faith regarding any new or different terms or conditions that become <br /> applicable to the release of Principal Forgiveness Funds. <br /> 5.02. DELIVERY OF PRINCIPAL FORGIVENESS FUNDS. The TWDB shall deposit the <br /> Principal Forgiveness Funds in an approved Escrow Account to be released to the City's <br /> Construction Account at the direction of the Executive Administrator. <br /> A. Outlay Reports and Invoices. The City shall submit the following documentation: <br /> 1. TWDB Outlay Report forms identifying: <br /> a. the total amount of expenses incurred by the City for the period <br /> covered by the Outlay Report; and <br /> b. invoices, receipts or other documentation satisfactory in form and in <br /> substance to the TWDB sufficient to establish the requested amount <br /> as an eligible expense incurred by the City. <br /> 2. Outlay Report forms are due to TWDB quarterly during the planning, <br /> acquisition and design phases and monthly during the construction phase of <br /> the Project until the completion of the Project. <br /> B. Release from Escrow Account. The Executive Administrator shall authorize the <br /> release of Principal Forgiveness Funds from Escrow when Outlay Reports have been <br /> approved by the TWDB. <br /> TWDB Commitment No.L1000601 <br /> Page 7 of 14 <br />
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