HomeMy WebLinkAboutRES.775.12-07-1992 BILL NO. 92-266 RESOLUTION N0. -
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LOAN AGREEMENT WITH THE MISSOURI
DEPARTMENT OF NATURAL RESOURCES, DIVISION OF
ENERGY, FOR THE CAPE ROCK WATER TREATMENT
PLANT NO. 1
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE l. The City Manager, for and on behalf of the City of
Cape Girardeau, Missouri, is hereby authorized to execute a Loan
Agreement with the Missouri Department of Natural Resources,
Division of Energy, for the Cape Rock Water Treatment Plant No. 1.
A copy of said Agreement is attached to this Resolution and made a
part hereof.
• ��
PASSED AND ADOPTED THIS DAY OF ��_� i�v iic���'' , 19 `'�%'_.
�--�_�__ _ �
-- . � � � / � r
rancis E. Rhodes, Mayor
ATTEST:
,
�-t /
;r;r.i r.�r :'�� C.,L7i,IuGt
Gayle% L. Conrad, Deputy City Clerk
MISSOURI DE°ARTMENT OF NATURAL RESOURCES
,��'�N� : DIVISION OF ENERGY- LOCAL GOVERNMENT LOAN PROGRAM
LOAN AGREEMENT � �
LOAN NUMBER OqIGINAL�OAN DATE AMENOMENT
This Loan Agreement (AGREEMENT) is entered into this day of , �g_,
between the Missouri Department of Natural Resources, Division of Energy (MDNR) and the City of Cape Girardeau
(LOCAL GOVERNMENT), C'anP C=i rardeat� County, Missouri.
WHEREAS the LOCAL GOVERNMENT has requested and MDNR has agresd to lend to the LOCAL GOVERNMENT certain
funds, up to the maximum amount specified in paragraph 1 of this AGREEMENT, provided the LOCAL GOVERNMENT compfies
with the various terms and conditions set forth in this AGREEMENT; and,
WHEREAS the loan is made under the terms and provisions of the "Locai Government Loan Program," sections 640.170 to
640.185, RSMo (Supp. 1989); therefore,
IN CONSIDERATION of MDNR's agreement to lend the LOCAL GOVERNMENT, upon the terms and conditions hereinafter
specified, the parties do agree to the following numbered paragraphs:
1. The total loan amount is$ 1�0,000_�0 . Interest shail accrue on all advances from the Missouri Department
of Natural Resources to the LOCAL GOVERNMENT at a simple annuai interest rate of�_%.
2. The loan shall be used to complete the project described in the LOCAL GOVERNMENT loan application and technical
assistance report or worksheets approved by MDNR on S�ntember �, , 19�Z. The buiiding, complex, or
facility where the project will be implemented is described as: C'�,ne Rock W , r Tr tm n . P1 nt #1
The LOCAL GOVERNMENT approved loan application is made part of this AGREEMENT by reference.
3. The compietion date of the instaliation of ineasures/execution of modifications is APril '30, , 1g 2�, unless an
extension is approved in writing by MDNR.
4. Ali equipment and material acquired under this AGREEMENT shali become the property of the LOCAL GOVERNMENT at time
of punc�ase.
5. The LOCAL GOVERNMENT ce�tifies that it has full power and authority to enter this AGREEMENT, and the AGREEMENT has
been duly authorized, executed and delivered by the LOCAL GOVERNMENT.
6. The LOCAL GOVERNMENT represents that this AGREEMENT will not be rescinded or modified at any time now or in the
future by any action of the LOCAL GOVERNMENT officials or its governing body; nor does this AGREEMENT violate any debt
limit imposed by its ordinances,charter or by laws applicable to the LOCAL GOVERNMENT.
7. The LOCAL GOVERNMENT authorizes any official or agent of the MDNR to conduct physical inspections of the project
before commencement, during construction, installation, implementation, upon completion and any time prior to the repaying of
the principai amount indicated in paragraph 1 above.
8. The LOCAL GOVERNMENT agrees to provide a written status report on the implementation of the project to MDNR at
MDNR's request.
9. Upon MDNR's receipt of the final project report, MDNR shall forward a promissory note to the LOCAL GOVERNMENT. The
LOCAL GOVERNMENT shall execute the promissory note to MDNR t'o repay the outstanding amount advanced plus accrued
interest under this AGREEMENT within forty-five (45) days following receipt of same. � �
10. The LOCAL GOVERNMENT shali establish on its books an Energy Conservation Loan Account which the LOCAL
GOVERNMENT shall maintain until such time as the loan obligation has been repaid.
11. The LOCAL GOVERNMENT shall thereafter annually budget an amount sufficient to meet the annual repayment obligation
imposed by the Promissory Note.
Mo�ao-�zas�iaeo>
'2. The LOCAL GOVERNMENT shall not raise the funds needed to meet its annual repayment obligation by the levy of additional
taxes'. The annual repayments shall be derived solely from energy cost savings resulting from implementation of the project
as identified in (10 CSR 140-3.10 and 640.177(3) RSMo (Supp. 1989), of the Local Government Loan Program. In the event
that energy cost savings resuiting from the project fail to equal or exceed the amount of the repayment, this AGREEMENT .
may be renegotiated to assure that the repayment amount does not exceed the actual energy cost savings resulting from the
project in accordance with (10 CSR 140-3.010 and 640.177(3), RSMo (Supp. 1989).
13. If the LOCAL GOVERNMENT faiis to remit a semiannual payment to MDNR within sixty (60) days of the due date of such
payment, MDNR shall notify the Director of The Missouri Department of Revenue, who shall deduct such payment from the
next regular apportionment of Iocal sales tax distributions to the LOCAL GOVERNMENT.
14. The LOCAL GOVERNMENT shall submit an annual report within sixty (60) days from the conclusion of the state fiscal
year (June 30) following project completion on forms provided by MDNR. The report shall outiine the energy use of the building,
complex or facility in which the project was completed, detailing any changes in energy consumption and providing a detailed
breakdown of expenditures for the preceding twelve (12) months. Reports will be submitted annually until the toan is retired.
15. The LOCAL GOVERNMENT shall retain all records for the loan appiication for a period of three (3) years following the
repayment of the loan.
16. The LOCAL GOVERNMENT shall maintain the project in good working order for the length of the loan and shail insure
that staff inembers are provided appropriate training on the operation and maintenance of the project.
17. If, prior to the end of the projected payback period, the LOCAL GOVERNMENT selis the equipment or material installed
with funds advanced under this AGREEMENT or seils the building, complex or facility in which the project has been implemented,
the LOCAL GOVERNMENT shall repay the remaining balance of funds advanced under this AGREEMENT in full at the time
of such sale. �
18. The LOCAL GOVERNMENT indemnifies and holds harmless the State of Missouri, MDNR, their offices,agents and employees
from and against any and all claims for death, damage, loss or personal injury arisirig from or connected with the project.
19. No officer or employee of the LOCAL GOVERNMENT shall participate in any decision relating to this AGREEMENT which �
affects his/her personal interest in any corporation, partnership or association in which s/he is directly or indirectly interested,
or have any interest, direct or indirect, in this AGREEMENT or the proceeds thereof.
20. No officer or employee of MDNR shall perform any service for any consideration forthe LOCAL GOVERNMENT aftertermination
of employment with MDNR in relation to this AGREEMENT or the project with respect to which the officer or empioyee was
directly concerned or personally participated during the period of his/her service or employment.
21. The LOCAL GOVERNMENT during implementation of this AGREEMENT together with all contractors and subcontractors
shall not engage in discriminatory practices with respect to recipients of services, employees or appiicants for employment
based upon race, color, religion, national origin, sex, handicap or age.
22. The LOCAL GOVERNMENT's failure to comply with any of the terms of this AGREEMENT shall constitute a breach of
the AGREEMENT. In the event of a breach, the LOCAL GOVERNMENT shail immediateiy repay to MDNR the remaining balance
of ali funds advanced for which no repayment has been made upon receipt of a written demand from MDNR.
23. Any amendments to this AGREEMENT shall be in writing and duly executed by both parties.
24. The provisions of this AGREEMENT are joint and severable, and if a provision is held to be of no force or effect by a
court of competent jurisdiction, the remaining provisions of the AGREEMENT shall continue to be binding upon the parties.
25. The program rules of the State of Missouri Department of Natural Resources, Division of Energy, Local Government Loan
Program as referenced in the Code of State Regulations, 10 CSR 140-3.010, are an integrai part of the loan agreement and
should be treated as such.
IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed.
LOCAL GOVEFiNMENT
Ca e Girardeau, Missouri MISSOURI DEPARTMENT OF NATURAL RESOURCES
BV Bv
TITLE TITLE
OATE DATE
MO 780-12a3(10-901
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