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HomeMy WebLinkAboutCity Council Resolutions (R-79-194)-06/19/1979 Resolution R-79-194 Position 5 USDA-FmHA Form FmHA 44247 (Rev. 4-9-76) LOAN RESOLUTION (public Bodies) C ITV COUNC I L A RESOLUTION OF THE ----------------------------------------------------------------------------- OF THE ________________________ll1:.Y.._llLJ:.Qu.EYY..llLE----------------:.----------- AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDING ITS __________Y__~I~!L~ y ~I~t'____________________________________________________~___-------- FACILITY TO SERVE AN AREA LAWFULLY WITHIN ITS JURIDICTlON TO SERVE. WHEREAS it is necessary for the _______________~_T.Y__c..Q.!J_~~-LL.::---~.!lY-...Q.L-~-O-U EY_Y.!.kJ E ------------------- , (Public Body) (herein after called association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of ___________~______j.!_.!.~QQ.zg.QQ_:.9.Q___J_~~~___!I'_~_l!1p_~_t__f9_l;I_!"___I).~~_~_!"_~c!_~~~~_~~~_..d.9_!J_~!:?2___ pursuant to the provisions of _____________________________________________________m____-------------------------- . WHEREAS, the association intends to obtain assistance from the Farmers Home Administration, United States Department of Agriculture, (herein called the Government) acting under the provisions of the Consolidated Farm and Rural Development Act (7 U.s.C. 1921 et seq.) in the planning, financing, and supervision of such undertaking and to purchasing of bonds lawfully issued, in the event that no other acceptable purchaser for such bonds is found by the association: NOW THEREFORE, in consideration of the premises the association hereby resolves: 1. To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds and containing such items and in such forms as are required by ST ATE statutes and as are agreeable and acceptable to the Government. 2. To refinance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any time it shall appear to the Government that the association is able to refinance its bonds by obtaining a loan for such purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods of time as required by section 333(c) of said Consolidated Farm and Rural Development Act (7 U.S.C. 1983(c)). 3. To provide for, execute, and comply with Form FmHA 4004, "Nondiscrimination Agreement"; and Form FmHA 400-1, "Equal Opportunity Agreement", including an "Equal Opportunity Clause", which clause is to be in- corporated in, or attached as a rider to, each construction contract and subcontract involving in excess of $10,000. 4. To indemnify the Government for any payments made or losses suffered by the Government on behalf of the association. Such indemnification shall be payable from the same source of founds pledged to pay the bonds or any other legally perrnissable source. S. That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any covenant or agreement contained herein or in the instruments incident to making or insuring the loan, the Government, at its option may (a) declare the entire principal amount then outstanding and accrued interest immediately due and payable, (b) for the account of the association (payable from the source of funds pledged to pay the bonds or any other legally permissable source) incur and pay reasonable expenses for repair, maintenance, and operation of the facility and such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) take possession of the facility, repair, maintain, and operate or rent it. Default under the provisions of this Resolution or any instrument incident to the making or insuring of the loan may be construed .by the Government to constitute default under any other instrument held by the Government and executed or assumed by the association, and default under any such instrument may be construed by the Government to constitute default hereunder. 6. Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therein, not permit others to do so, without the prior written consent of the Government. 7. Not to borrow any money from any source, enter into any contract or agreement, or incur any other liabilities in connection with making enlargements, improvements or extensions to, or for any other purpose in connection with the facility (exclusive of normal maintenance) without the prior written consent of the Government if such undertaking would involve the source of funds pledged to pay the bonds. 8. To place the proceeds of the bonds on deposit in an account, in a bank, and in a manner approved by the Government. FmHA 44247 (Rev. 4-9-76) , , '. 9. To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility in good condition. 10. To provide for the receipt of adequate revenues to meet the req-Ilirements of debt service, operation and maintenance, and the establishment of adequate reserves. No free service or use of the facility will be permitted. II. To acquire and maintain such insurance coverage including fidelity bonds as may be required by the Government_ 12. To establish and maintain such books and records relating to the operation of the facility and its fmancial affairs and to provide for required audit thereof in such a manner as may be required by the Government, to provide the Government without its request, a copy of each such audit, and to make and forward to the Government such additional information and reports as it may from time to time require. . 4 13. To provide the Government at all reasonable times access to all books and records relating to the facility and access to the property of the system so that the Government may ascertain that the association is complying with the provisions hereof and of the instruments incident to the making or insuring of the loan. 14. To serve any applicant within the service area who desires service and can be feasibly and legally served, and to obtain the concurrence of the Farmers Home Administration prior to refusing service to such applicant. Upon the failure to provide such service which is feasible and legal such applicant shall have a direct right of action against the association under this agreement. The provisions hereof and the provisions of all instruments incident to the making or the insuring of the loan, unless otherwise specifically provided by the terms of such instruments, shall be binding upon the association as long as the bonds are held or insured by the Government. The provisions of sections 6 through 13 hereof may be provided for in more specific detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance should be found to be inconsistent with the provisions hereof, these provisions shall be construed as controlling as between the association and the Government. The vote was: Yeas _i.__; Nays __12__; Absent / IN WITNESS WHEREOF, the ____________~lSt___f9..l:1..nc_!1._________________~________ of the ___iL!Y_~_~_~_~y.vi 11 e ______ has duly adopted this Resolution and caused it to be executed by the officers below in duplicate on this -19..tb._ day of ___Juo.~___________ , 19 7.S.-_ . --fL=l~L- (SEAL) By BUCK HUBBARD Attest: TItle --.tt~Qr Title CERTIFICATION I, the undersigned, as _City ~prrpt;'lry: of the ____~L:tY- of- ~~YV i 11 e hereby certify that the 6 members, of whom , constituting a quorum, were present at a meeting thereof duly called and held on the 19th day of June , 19 ~ ; that the foregoing resolution was adopted at such meeting by the vote sh~ above; and ~OSOIUtiOO bas Dot been rescioded or amended in any way. Dated, this /1 day of ~ ----, 19li . .u.s. G.P.O. 1976-665-664/1891 REG.#6 Title - Position 3 Form FHA 400-4 (12-29-64 ) UNITED STATES DEPARTMENT OF AGRICULTURE FARMERS HOME ADMINISTRATION NONDISCRIMINATION AGREEMENT (Under Title VI, Civil Rights Act of 1964) Date: __J_un_e__J~_'_n1919u_mu...___m_ N ame: n_~ -'-TY._gEm~_Q ~J_~y_~J~J:J~_ u_mun ____00 m_ _m _m _n_ _m __ __ u dUU 00 _____m_m__ __ _m __ n h. _ 00 mn_ _m 00__ ____ - _n __00 _m____ h__ 00 _u_ __00__ n___n_m_u...___ Address: _____u_______2_5.95_uP_J.~~_~~_OJ___~~O__'~_Q.~_9_n___f_~_Q_=____~9_~___.1_~_5._____________~g.1 J~yy._LJ.J~_'___J_~~_~_?___L~_QJ~.._n__..mn__ (herein called "Recipient") in accordance with regulations (herein called "the regulations") of the Farmers Home Admin- istration and the United States Department of Agriculture (herein called "the Department") issued pursuant to Title VI of Civil Rights Act of 1964 and in consideration of a loan or advance made or to be made by the United States of America acting through the Farmers Home Administration (herein called "the Government"), hereby covenants and agrees as follows: 1. Recipient shall comply with all provisions of the regulations and shall not, on the ground of race, color, or national origin - - (a) Deny, or cause to be denied, to any person, directly or indirectly, wholly or partially, any service, use, occupancy, financial aid, or other benefit (herein called "benefits") of the whole or any portion of any property, facility, structure, project, service, or activity which, directly or indirectly, wholly or partially, is provided with the aid of the loan or advance (herein called "aided facility or activity"); or (b) treat any person, or cause any person to be treated, differently from any other person with respect to any right or opportunity to participate in the benefits of any aided facility or activity; or (c) subject any person, or cause any person to be subjected, to discrimination in any other manner in connection with any aided facility or activity or the benefits thereof. It is understood that employment is not within the scope of this agreement. 2. Any transfer of any aided facility or activity, other than personal property, by sale, lease, or other conveyance or contract, shall be, and shall be made expressly, subject to the obligations of this agreement and transferee's assumption thereof. 3. Recipient shall - - (a) Keep such records and submit to the Government such timely, complete, and accurate compliance reports at such times and in such form and containing such information as the Government may determine to be necessary to ascertain Recipient's compliance with this agreement and the regulations; and (b) permit access by authorized employees of the Farmers Home Administration or the Department during normal business hours to such of Recipient's books, records, accounts, and other sources of information and its facilities as may be pertinent to ascertaining such compliance; and (c) make available to users, participants, beneficiaries, and other interested persons such information regarding the provisions of this agreement and the regulations, and in such manner, as the Farmers Home Administration or the Department finds necessary to inform such persons of the protection assured them against discrimination. 4. Th, obligations of this agreement shall continue - - (a) As to any real property, including any structure, provided with the aid of the loan or advance, so long as such real property is used for a purpose for which the loan or advance is made or which affords similar services or benefits. (b) As to any personal property provided with the aid of the loan or advance, so long as Recipient retains ownership or possession of the property. (c) As to any other aided facility or activity, until the last advance of funds under the loan or advance has been made. FHA 400-4 (12-29-64) " S. Upon any breach or violation of this agreement the Government may, at its option -- (a) Terminate or refuse to render or continue financial assistance to Recipient or for the aid of the property, facility, project, service, or activity. (b) In case of a loan, accelerate the maturity of the indebtedness. (c) Appoint a receiver, or have a receiver appointed, to take possession of and administer the aided facility or activity in order to secure compliance with this agreement and the regulations. For this purpose Recipient hereby appoints the Government its agent and attorney-in-fact with power, in event of such breach or violation, so to take possession of and administer or to appoint such receiver. This appointment is coupled with an interest and shall be irrevocable while the obligations of this agreement continue. (d) Enforce this agreement by suit for specific performance or by any other available remedy under the laws of the United States or the State in which the breach or violation occurs. Rights and remedies provided for under this agreement shall be cumulative. In witness whereof Recipient, on this, the date first above written, has caused this agreement to be executed by its duly authorized officers and its seal affixed hereto, or, if a natural person, has hereunto set Recipient's hand and seal. (SEAL) ~ Alto'" 4;kf). By LaVada Johnson (Title) City Secretary CITY OF COLLEYVILLE ~ CJid/eJ BUCK HUBBARD, Mayor Recipient (Title) Recipient Recipient t GPO 81 !l-7.e , UNITED STATES DEPARTMENT OF AGRICULTURE Form FHA 400-1 (Rev. 6-26-72) FARMERS HOME ADMINISTRATION EQUAL OPPORTUNITY AGREEMENT Thi s agreement, dated _____.....~~!:'~...1.~_J__l5.l_Z.9._______.__..._.._.._...___..._.._..____.._..___._____.____._____.__......_..__.___. between CITY OF COLLEYVILLE (herein called "Recipient" whether one or more) and the Farmers Home Administration, United States Department of Agriculture, pursuant to the rules and regulations of the Secretary of Labor (herein called the 'Secretary') issued under the authority of Executive Order 11246, as amended, witnesseth: In consideration of financial assistance (whether by a 10an, grant, loan guaranty, or other form of financial assistance) made or to be made by the Farmers Home Administration to Recipient, Recipient hereby agrees, if the cash cost of construction work performed by Recipient or a construction contract financed with such financial assistance exceeds $10,OOO--unless exempted by rules, regulations or orders of the Secretary of Labor issued persuant to Section 204 of Executive Order 1 U46 of September 24, 1965. 1. To incorporate or cause to be incorporated into any contract for construction work, or modification thereof, subject to the relevant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid for in whole or in part with the aid of such financial assistance, the following "Equal Opportunity Clause": During the performance of this contract, the contractor agrees as follows: (a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited, to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay01f or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Farmers Home Administration setting forth the provisions of this nondiscrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without re~ard to race, color, religion, sex or national origin. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the Farmers Home Administration, . advising the said labor union or workers' representative of the contractor's commitments under this agr,eement as required pursuant to section 202(3)- of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of all rules, regulations and relevant orders of the Secretary of Labor and of any prior authority which remain in effect. (e) The contractor will furnish all information and reports required by Executive Order t1246 of September 24,1965, rules, regulations, and orders, or pursuant thereto, and will permit access to his books, records, and accounts by the Farmers Home Administration, Office of Equal Opportunity, U. S. Department of Agriculture, and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (0 In the event of the contractor's noncompliance with the Equal Opportunity (Federally Assisted Construction) clause or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government Contracts or Federally Assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as provided by Law. (g) The contractor will include the provisions of this Equal Opportunity (Federally Assisted Construction) clause in every subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pIlrsuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each such subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Farmers Home Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Farmers Home Administration, the contractor may request the United States to enter into such litigation to protect the interest of the United States. Position 6 FHA 400-1 (Rev. 6-26-72) , ....----.---- 2. To be bound by the provisions of the Equal Opportunity Clause in construction work performed by Recipient and paid for in whole or in part with the aid of such financial assistance. 3. To notify all prospective contractors to file the required 'Compliance Statement', Form FHA 400-6, with their bids. 4. Form AD-425, Instructions to Contractors, will accompany the notice of award of the contract. Bid conditions for all nonexempt Federal and Federally assisted construction contracts require inclusion of the appropriate "Hometown" or "Imposed" plan affirmative action and equal employment opportunity requirements. All bidders must comply with the bid conditions contained in the invitation to be considered responsible bidders and hence eligible for the award. 5. To assist and cooperate actively with the Farmers Home Administration and the Secretary in obtaining the compliance of contractors and subcontractors with the provisions of the Equal Opportunity Clause and the said rules, regulations, and orders, to obtain and furnish 'to the Farmers Home Administration and the Secretary, Form AD-S60, Certification of Nonsegregated Facilities, to submit the Monthly Manpower Utilization Report, Optional Form 66, as required and such other information as they may require for the supervision of such compliance, and to otherwise assist the Farmers Home Administration in the discharge of its primary responsibility for securing compliance. 6. To refrain from entering into any' contract, or extension or other modification of a contract, subject to such Executive Order with a contractor debarred from Government contracts or federally assisted construction contracts pursuant to Part II, Subpart D, of such Executive Order or to prior authority; and to carry out such sanctions and penalties for violation of the provisions of the Equal Opportunity' Clause as may be imposed upon contractors and subcontractors by the Farmers Home Administration or the Secretary pursuant to such Subpart D. 7. That if Recipient fails or refuses to comply with these undertakings, the Farmers Home Administration may take any or all of the following actions: . '(a) cancel; terminate, or suspend said financial assistance in whole or in part; (b) refrain from extending any further assistance under the program involved until satisfactory assurance of future compliance has been received from Recipient; and (c) refer the case to the Office of Equal Opportunity, U. S. Department of Agriculture for appropriate action. Witness the due execution hereof by Recipient on this, the date first above written. ~ 1/t~/t BUCK HUBBARD, Mayor Recipient ,-,..<'A'&;:/b~~, .~ 'C. R. BAL LENG E~~ ty Ma nage r Recipient CITY OF COLLEYVILLE Name of Corporate Recipient Attest: By President r <rGPO-1972-751-990/'7 -! :. ,