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Res 2012-156
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Res 2012-156
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2012-156
Date
12/4/2012
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must provide sufficient financial and other information to establish that it can successfully complete the project. <br />RLF gap financing is intended to meet the minimum needs of the business. <br />Guarantor - Proprietor, partner, officer and stockholder owning 20% or more of the business. (Note: If the RLF <br />Program is accessed, personal guarantees will be required for loan payments for the term of the loan and all <br />contract conditions until the RLF contract is successfully closed). Each principal of a business assisted with <br />funds provided by the RLF will be jointly and severally liable for funds provided to support such business in the <br />event the business is dissolved, files under the federal bankruptcy code, or otherwise ceases to be a going <br />concern. <br />Ineligible Uses of Funds- Revolving Loan Funds cannot be used for: <br />• debt service, <br />• refinancing, <br />• paying the salaries of the business principals, <br />• Repaying expenditures made prior to the RLF funding approval; or <br />• Purchasing equipment, etc. from a company substantially owned by one or more of the business <br />principals of the business receiving the RLF funds.(i.e., if one or more of the business owners of <br />Business "A" also own Business "B ", then RLF funds cannot be used by Business A to buy <br />equipment from Business "B" <br />Jobs — The City will only provide financial assistance to a business that commits to create and /or retain jobs <br />where at least 51 percent of the jobs benefit low and moderate income (LMI) individuals. LMI levels are <br />provided annually by HUD and are the same income levels used for Section 8 housing. <br />The level of financial assistance is directly related to the number of created /retained jobs. At no time will this <br />program consider an application for assistance where the cost per job exceeds $25,000. Only full -time <br />permanent and part -time permanent created /retained jobs, as defined below, are eligible for consideration. <br />Credit will only be given for jobs created /retained at the project site described in the application, which must be <br />within the city limits or its ETJ. No credit will be given for transferred jobs or positions held by principals. <br />A job is defined as a permanent full -time position held by one full -time employee or two part -time employees and <br />the position must be required 12 months out of the year. The determination compares the starting and ending <br />payroll to determine the number of jobs created /retained. Jobs are further defined below. <br />• A full -time job is defined as permanent employment for 1,820 hours or more per year or 35 <br />hours or more per week per person on an annualized basis. <br />• A part -time job is defined as permanent employment for at least 1,040 hours per year per <br />person on an annualized basis. Two part -time jobs equal one full -time job. <br />• Seasonal jobs are not eligible for consideration in the program. <br />• Leased employees must meet the same requirements as described above, as long as the <br />business has control over the leased employee(s). <br />In order to consider jobs retained as a result of RLF assistance, submit documentation of clear and objective <br />evidence that permanent jobs will be lost without RLF assistance. For these purposes, clear and objective <br />evidence that jobs will be lost would include: <br />• Evidence that the business has issued a notice to affected employees that their jobs may be <br />lost or made a public announcement to that effect, or <br />• Analysis of relevant financial records which clearly and convincingly shows that the business is <br />likely to have to cut back employment in the near future without the planned intervention. <br />7 <br />
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