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Res 2017-083/approving a principal forgiveness agreement with the Texas Water Development Board that forgives an amount not to exceed $685,839 out of $5,445,839 in principal funds to the city from the Clean Water State Revolving Fund to finance the const
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Res 2017-083/approving a principal forgiveness agreement with the Texas Water Development Board that forgives an amount not to exceed $685,839 out of $5,445,839 in principal funds to the city from the Clean Water State Revolving Fund to finance the const
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6/2/2017 2:36:19 PM
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Resolutions
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Approving
Number
2017-83
Date
5/2/2017
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innovative activities and has determined that the entire Project, or a portion of the Project, <br />satisfies the EPA's criteria for Green Projects; <br />6. that the Executive Administrator issued a Categorical Exclusion on November 18, 2016, <br />such findings being subject to the standard emergency discovery conditions for <br />threatened and endangered species and cultural resources in the Project contract <br />documents. The TWDB concurs with the environmental finding issued by the Executive <br />Administrator. <br />NOW THEREFORE, based on these findings, the TWDB resolves as follows: <br />A commitment is made by the TWDB to the City of San Marcos for financial assistance <br />in the amount of $5,445,839 from the Clean Water State Revolving Fund through the <br />TWDB's proposed purchase of $4,760,000 City of San Marcos, Texas, Water and <br />Wastewater System Revenue Bonds, Proposed Series 2017A and the execution of a <br />Principal Forgiveness Agreement in the amount of $685,839. This commitment will <br />expire on July 31, 2017. <br />Such commitment is conditioned as follows: <br />Standard Conditions <br />1. this commitment is contingent on a future sale of bonds by the TWDB or on the <br />availability of funds on hand; <br />2. this commitment is contingent upon the issuance of a written approving opinion of the <br />Attorney General of the State of Texas stating that all of the requirements of the laws <br />under which said Obligations were issued have been complied with; that said Obligations <br />were issued in conformity with the Constitution and laws of the State of Texas; and that <br />said Obligations are valid and binding obligations of the City; <br />3. this commitment is contingent upon the City's compliance with all applicable <br />requirements contained in 31 TAC Chapter 375; <br />4. the Obligations must provide that the Obligations can be called for early redemption only <br />in inverse order of maturity, and on any date beginning on or after the first interest <br />payment date which is 10 years from the dated date of the Obligations, at a redemption <br />price of par, together with accrued interest to the date fixed for redemption; <br />5. the City, or an obligated person for whom financial or operating data is presented to the <br />TWDB in the application for financial assistance either individually or in combination <br />with other issuers of the City's Obligations or obligated persons, will, at a minimum, <br />regardless of the amount of the Obligations, covenant to comply with requirements for <br />continuing disclosure on an ongoing basis substantially in the manner required by <br />Securities and Exchange Commission (SEC) in 17 CFR § 240.15c2-12 (Rule 15c2-12) <br />and determined as if the TWDB were a Participating Underwriter within the meaning of <br />such rule, such continuing disclosure undertaking being for the benefit of the TWDB and <br />TWDB Commitment No. L1000600 <br />Exhibit A, Page 3 of 10 <br />
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