1991-117-RES WHEREAS, funding is available through a special purpose grant to Ark-Tex Council of Governments
RESOLUTION NO. 91-117
WHEREAS, funding is available through a special purpose
grant to Ark-Tex Council of Governments obtained by
Congressman Jim Chapman from the U. S. Department of Housing
and Urban Development Infrastructure Grant Program, which
would permit a maximum funding in the amount of $150,000.00,
requiring a local match of approximately $90,200.00; and,
WHEREAS, the City Council of the City of Paris and the
Lamar County Commissioners Court are jointly interested in
the improvement of the infrastructure in and around the
location of the new Lamar County Jail site, being the area
lying between an extension of Brame Street, 1st and 3rd
Streets S.W. and Brown Avenue; and,
WHEREAS, such site is presently served by infrastructure
in excess of 50 years in age and due to the concentration of
persons located in the jail and the County employees working
in the jail complex, it is essential that such site be served
with adequate, reliable water mains; and,
WHEREAS, the construction of a 12 inch water main
adjacent to 1st Street S.W. from the West Kaufman street
intersection South to the West Hearne Street intersection
would provide the needed pressure and reliable service; and,
WHEREAS, such jail complex will provide additional jobs
and retain existing jobs for the Paris, Lamar County work
force; and,
WHEREAS, it is appropriate that a joint application be
submitted by the City of Paris and the County of Lamar in the
form attached hereto as Exhibit A; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS
AND THE COMMISSIONERS COURT OF LAMAR COUNTY:
1. That an application be made to the Ark-Tex Council
of Governments for an Economic Development Infrastructure
Grant in the amount of $150,000.00, in addition to which the
City of Paris is committing $55,700.00 cash contribution
toward the construction activities of this project and
$34,500.00 of in kind Engineering/Architectural Services and
Grant Administration Services.
2. That the Mayor of the City of Paris, George Fisher,
and the County Judge of Lamar County, Deane Lochmiller, be,
and they are hereby appointed as the Authorized Local
Government Officials of said project and they are authorized
and directed to execute on behalf of the City of Paris and
the County of Lamar the application for grant in the form
attached hereto as Exhibit A.
3. That Joe McCollum, be, and he is hererby appointed
R~ Pr();prt Dirprt()r ::Inri i~ hprphv ::Illthor;ZPt1 tn j::l,'I(p(,lIrp ::Inri
water main adjacent to 1st Street
street intersection South to
intersection.
S.W. from the West Kaufman
the West Hearne Street
Passed and adopted this 11th day of November, 1991.
qf!~s-L~
ATTEST:
~~\ '\.~.~~~~
Mattie Cunningham, ity r
APPROVE
T. K.
Approved by the Commiss ioner sCour t of Lamar County,
Texas, by adoption of the above Resolution on the ~ day of
November, 1991, as reflected in Book _, Page _, of the
Minutes of said Commissioners Court.
COUNTY OF LAMAR, STATE OF TEXAS
ATTEST:
Gfn0
e, County C erk
APPROVED AS TO FORM:
;1%11 mfA -
Tom Wells, County Attorney
ARK-TEX COUNCIL OF GOVERNMENTS
ECONOMIC DEVELOPMENT INFRASTRUCTURE
GRANT PROGRAM
1991
EXHIBIT A
TABLE OF CONTENTS
PROCEDURES
SECTION
PAGE
1
Introduction
PART I
Guidelines and Procedures
Program Goal, Eligible Applicants and Activities
Other Program Requirements
2
3
8
PART II
A TCOG Economic Development Infrastructure
Grant Program Application
Instructions for Cover Page
Cover Page
Local Government and Business Certification
Project Approval Information
Project Summary
Budget Justification Instructions
Sources and Uses of Funds Instructions
Sources and Uses of Funds Form
Financial Commitment Instructions
Sample letter-Financial Institution Commitment
Sample letter-Corporate Commitment
Private Business Beneficiary Instructions
Sample Balance Sheet
Sample Profit/loss Statement
Sample Monthly Cash Flow Projections
Sample Schedule of Debt
Sample Personal Financial Statement
Credit Investigation Authority
12
13
14
15
16
18
20
22
23
24
25
26
27
28
29
30
31
32
34
ATCOG
ECONOMIC DEVELOPMENT INFRASTRUCTURE
GRANT PROGRAM
INTRODUCTION
The Ark-Tex Council of Government's (ATCOG) Economic Development
Infrastructure Grant Program (EDIGPI was created in response to A TCOG's
commitment to generating employment opportunities and generally improving the
economic environment in Northeast Texas. ATCOG has available $670.700 to
,assist in local infrastructure improvements that directly support economic
development.
These funds, which were obtained through a special purpose grant from the U.S.
Department of Housing and Urban Development (DHUDI with assistance from
Congressman Jim Chapman will be awarded for the express purpose of creating
new permanent jobs and/or retaining existing jobs in the Texas counties of Bowie,
Cass, Delta. Franklin, Hopkins, Lamar, Morris, Red River and Titus.
1
PART I
GUIDELINES AND PROCEDURES
1. Applications for funds under ATCOG's EDIGP will not be acceoted orior to
8:00 a.m., Friday, November 15,1991.
2. One original and one copy of the application are to be submitted to:
Ark-Tex Council of Governments
Director of Program Operations
P.O. Box 5307
Texarkana, Texas 75505
3. Initial projects will be selected at a called meeting of the ATCOG Board of
Directors on December 3, 1991, at 5:00 p.m., at the Region VIII Education
Service Center, Farm Market Road 1734, Mt. Pleasant, Texas.
4. At the above meeting, applicants will have five minutes for a presentation of
their proposed project, and five minutes to address questions by the Board of
Directors.
5. Projects will be selected in the order they were submitted (to the day), based
upon their eligibility, feasibility and ATCOG Board analysis of project impact
consistant with the goals of the EDIGP.
6. Selection decisions of the ATCOG Board of Directors will be final and not
subject to appeal except for the three circumstances identified in the following
program design.
2
PROGRAM GOAL. EtIGIBLE APPLICANTS AND ACTIVITIES
YM!
The goal of EDIGP is to expand economic opportunities that create or retain jobs in
Northeast Texas as described herein.
Eliaible Aoolicants
Eligible applicants must be either an incorporated municipality or county
government located within the Texas counties of Bowie. Casso Delta. Franklin.
Hopkins. Lamar, Morris. Red River and Titus.
Eligible cities or counties may submit applications that would provide assistance to
a private or public business. In all instances, the applicant government will remain
ultimately responsible for the administration of the project.
Elicible Activities
EDIGP provides resources for an applicant to make infrastructure improvements in
support of a specific private or public business. Each project must create and/or
retain jobs for Texans within the geographic area described above.
Inelicible Activities
Funds cannot be used for speculation or excess improvements over the minimum
infrastructure needed for a specific business. In the case of a private business,
infrastructure activities will be made up to, but not beyond the property line of the
benefiting private business.
Infrastructure Proiects
A unit of local government may need to provide infrastructure improvements for
the development or expansion of a specific public or private business before the
proposed job creation project can be fully implemented. This economic
development contract could be used by the local units of government to provide
typical infrastructure improvements such as railroad spurs, utility lines, gas lines,
sidewalks, street and road access, wastewater/water treatment and facilities, to
the business involved. EDIGP mav not be used for soeculation. Le.. it cannot be
used for ceneral industrial Dark Droiects created with the hODe that a business
client will then be attracted. It must be tied to a specific business creating a
specific number of jobs. It must be a "but for" situation, where the business
cannot locate or expand at that site unless the particular infrastructure is provided.
The business must provide sufficient documentation to establish that the business
is likely to be successful, and will create the appropriate number of jobs at site in a
specified time frame.
Since the applicant will be documenting the need for funds, they must provide, as
a part of their application, documentation pertaining to other funding sources that
they have tried to access in order to complete this project. Sources, such as the
3
Texas Department of Highways and the Texas Water Development Board, must be
contacted prior to making application to EDIGP, in order to document what amount
of funding can be provided through these other programs. If they are not
contacted, or cannot meet the city/county requirements for funding, then
documentation must be provided outlining why these sources of funding are
unavailable. Beyond the five (5) percent required applicant injection, the
city/county must try to fund this project, in whole or part, from their own
resources or document why they are unable to do so.
Where a business requires infrastructure improvements, such as expanded
treatment facilities, the applicant can only request the EDIGP to fund the minimum
additions or improvements to infrastructure specifically needed for that business.
Other Restrictions
No assistance will be provided for projects intended to facilitate the relocation of a
private business from one area within Texas to another, unless there is no
objection by the local government in which the business is presently located.
ATCOG will only consider a project proposed by a city that is in the city's
corporate limits or its extraterritorial jurisdiction; a project proposed by a county
that is in the unincorporated area of the county; or, a project proposed by a
county which may emcompass incorporated areas when documented support of
the incorporated entity within the project area is provided with the application.
ATCOG will not consider an application for funding if the business to be assisted
has filed under the federal bankruptcy code and the matter is in the process of
being adjudicated or if such business has been adjudicated bankrupt.
Businesses claiming retained jobs as part of a proposal must provide
documentation that the employees will be permanently laid off or the business will
close down or relocate out of state if EDIGP funds are not made available.
Overview of Aoolication. Review. and Selection Procedures
The overall soundness of the proposed project will be a major factor in the
selection process. A minimum of five oercent {5%l cash iniection oarticioation of
the total oroiect costs bv the orincioals is reouired to aualifv for EDIGP. For the
purposes of this program "principals" are the applicant or the specific business
benefiting from the project. With the exception of proper documentation that the
United States Economic Development Administration has invited a formal
application for consideration for the same project, a firm financial commitment
from all other funding sources will be required upon submission of the application.
The .Other/EDIGP funds" ratio must not be less than 1 :1. New equity value
(market value less debt outstanding) in fixed assets may be counted towards the
match requirement on a case-by-case basis, but will be discounted as follows:
real estate-25%; machinery/equipment-50%. For the above cash injections, other
funds are defined as all other sources of funds for the project, with the exception
of any other DHUD monies. DHUD money includes program income. Revenues
from the sale of bonds may also be counted if the business is liable under the
terms of the bond issue. Monies committed towards this project cannot be
expended between the application date and the contract award date.
4
Other Tvoes of Aoolications
Two or more eligible applicants may submit a joint application for funding if there
is a documented need for the project to be submitted as such, based on physical
location factors. The eligibility of a joint application is subject to approval by the
ATCOG Executive Committee.
Fundina Cvcle
Beginning November 15, 1991, EDIGP will be available until funds for this purpose
are exhausted.
Please contact ATCOG to verify availability of funds before preparing applications.
Grant Maximum and Minimum
These amounts apply to any project funded under the EDIGP regardless of whether
the application is submitted by a single applicant or jointly by two or more eligible
jurisdictions.
Maximum
Minimum
$150,000
$ 50,000
Selection Procedures
In those instances where the ATCOG staff determines that the application is either
incomplete or that the activities are ineligible for funding, the application will be
returned to the applicant for completion.
Applications received the same day will be considered as having been submitted at
the same time.
The A TCOG staff will then conduct a review of each application to make three
threshold determinations with respect to:
1. The financial feasibility of the business to be assisted.
2. The strength of commitments from all other private and/or public investors
identified in the application.
3. The ability of the applicant to .operate or maintain any public facility or
service assisted with the EDIGP funds.
If the project is deemed to be feasible and eligible under the EDIGP, the proposed
applicant is then required to meet with ATCOG staff to discuss the project and
program with at least one local government official or his designee and one private
business representative as appropriate. This is known as an "Application
Meeting." This meeting is intended to provide an opportunity for A TCOG staff to
fully understand the activities and nature of the project.
5
If a project is not deemed to be feasible and eligible under the EDIGP, the
application will be officially denied. and a letter stating the reason(s) for denial will
be sent to the applying city or county jurisdiction.
ATCOG staff will then generate scores on evaluation criteria related to leverage
ratio, cost per job, number of jobs and project feasibility. Additional bonus points
may be awarded depending upon project benefit to Low to Moderate income
persons. Scores on factors in these categories are derived from information
provided by the applicant.
An aoolicant must receive at least 60 ooints out of a oossible 100 ooints to be
considered for fundina. ATCOG staff makes recommendations for project
selection to the ATCOG Executive Committee.
The ATCOG Executive Committee then reviews the recommendations and
announces the projects selected for funding. Awards will be made on a
first-come-first-serve basis until the EDIGP funds are exhausted.
A TCOG staff works with the recipients to execute appropriate contract
agreements. While the contract award must be based on the information provided
in the application, ATCOG may negotiate any element of the contract with the
recipient.
Evaluation Criteria
The following is an outline of the evaluation criteria used by ATCOG for the review
of projects under the EDIGP:
1. Leverage Ratio (Maximum Points 30)
Points awarded by dividing the total .other" funds by the EDIGP fund
award amount requested, less administration according to the following
scale:
1.0:1 (100%)
1.5:1 (150%)
2.0:1 (200%)
2.5:1 (250%)
3.0:1 (300%)
3.5:1 (350%)
5
10
15
20
2.~_
-30
l~
2. Cost per Job (Maximum Points 20)
Defined as the EDIGP Funds requested divided by the number of full-time
job equivalents to be created or retained. In order for an applicant to be
eligible for a EDIGP award, the cost per job calculation mus~QOt exceed
$25.000. .\\)) i:.-- .
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, o-
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6
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Under $9,000
$9,000-12,500
$12.500-15,000
Over $15,001
20
15
10
o
~.
3. Number of Jobs Created/Retained (Maximum Points 20)
Points awarded for the total number of full-time. permanent job equivalents
created and/or retained as a result of the public or private business
benefiting from the project receiving the EDIGP funds.
100 and over
50 to 99
20 to 49
5 to 19
Under five
20
15
10
5
o
~
./
4. Project Feasibility (Maximum Points 30)
'f!
Feasibility of each project is evaluated and scored based on the financial
soundness of the project. In the case where the infrastructure activities
benefit a oublic business. the abilitv of the aoolicant to tax will satisfy the
reauirement for oroiect soundness: thus. the maximum ooints will be
awarded. In the case where the infrastructure activities benefit a private
business, specific factors to be examined in this phase of the evaluation
are: firm commitments for financial investment and the jobs to be created
or retained; history and description of the business; current financial
condition of the business (including a full review of the credit analysis);
cash flow projections; business or marketing plan (including identification
of major customers and/or letter(s) of intent to purchase product(s) or
service(s); and management experience of the business' principals.
Bonus Points
5. Low to Mod Benefit (Bonus Points 10)
If the fifty-one percent (51 %) or more of the jobs created benefit low to
moderate income persons the project will be awarded the bonus points
under this category.
The EDIGP funds are used to provide assistance to eligible applicants for
infrastructure improvements fosterina iob creation and/or retention oroiects. There
is a contract between ATCOG and the applicant. and a contract between the
applicant and the private business, . as appropriate, to ensure a complete
understanding by the three participants of the planned development, the expected
number of jobs to be created or retained, the sources and uses of all funds
committed to the project, the financial and other reporting requirements of the
business and the local unit of government to ATCOG, and all other obligations of
the business, the local governmental unit and ATCOG.
7
OTHER PROGRAM REQUIREMENTS
The following section describes those additional items which applicants must
consider prior to submission of an application.
Aoolicant Threshold Reauirements
A community must meet all of the following requirements in order for its
application to be considered.
1. Demonstrate the ability to manage and administer the proposed project,
including delivery of all proposed benefits outlined in the application.
2. Demonstrate the financial management capacity to operate and maintain
any improvements made in conjunction with the proposed project.
3. Levy a local property tax and/or local sales tax option.
Proiect Time Frame
All selected projects will have a contract period of twentv-four (24) months from
the date of award. All project objectives must be accomplished within this time
frame.
False Information on Aoolications
In those instances where ATCOG determines that an applicant provided false
information, the following actions may be taken on a case-by-case basis:
1. Even if an award has been made, the locality will be liable for funds
expended if "adjustment" to the scores resulted in the project being
funded. Furthermore, the applicant involved will no longer be eligible to
apply for funds under the EDIGP.
2. Additionally, a person commits an offense if he:
a. knowingly makes a false entry in, or false alteration of, a government
record;
b. makes, presents, or uses any record, document, or thing with
knowledge of its falsity and with intent that it be taken as a genuine
governmental record; or .
c. intentionally destroys, conceals, removes. or otherwise impairs the
verity, legibility, or availability of a governmental record.
A governmental record is defined as anything belonging to, received by, or kept by
government for information or that record is required by law to be kept by others
for information of government. An offense under Section 3, above is a Class A
misdemeanor unless the actor's intent is to defraud or harm another, in which
event the offense is a felony of the third degree.
R
Breach of Contract
The local governing body shall be ultimately responsible for the creation of the
jobs proposed in the application.
In the case of default of the business for job creation, the local governing bOdy
shall make every effort to ensure that the proposed jobs are created. These
efforts must be approved by ATCOG during the contract period.
ATCOG shall deem the local governing body to have breached its contract,
regardless of the fact that the breach was precipitated by the business, to the
extent that the jobs specified in its contract with A TCOG were not created and the
local government therefore failed to perform its contractual obligations.
Minoritv Particioation
ATCOG encourages minority participation and will assist communities to identify
potential minority contractors and subcontractors.
Citizen Particioation
The applicant must comply with the following citizen participation requirements in
the event that the applicant receives funding from the EDIGP.
1. The applicant must hold a public hearing concerning any activity and any
substantial change to that activity, as determined by ATCOG, proposed to
be made in the use of the EDIGP funds.
2. Upon completion of the EOIGP activities, the applicant shall hold a public
hearing and review its program performance including the actual use of the
EDIGP funds.
3. The applicant must retain documentation of the hearing notice(s), a listing
of persons attending the hearing(s), minutes of the hearing(s), and any
other records concerning the actual use of funds for a period of three years
after the project is closed out. Such records must be made available to the
public in accordance with Texas Civil Statutes, Article 6252-17a.
Public Hearina Provisions
For each public hearing scheduled and conducted by an EDIGP applicant, the
following public hearing provision shall be observed:
1. Public notice of all hearings must be published at least three (3) calendar
days prior to the scheduled hearing. The public notice must be published
in a non-legal section of a local newspaper. Each public notice must
include the date, time, location and topics to be considered at the public
hearing. A published newspaper article can also be used to meet this
requirement so long as it meets all content and timing requirements.
Notices should also be prominently posted in public buildings.
9
2. Each public hearing shall be held at a time (generally after 5:00 p.m. on
weekdays or on Saturdays) and location convenient to potential or actual
beneficiaries and will include accommodations for handicapped persons.
3. When a significant number of non-English speaking residents can be
reasonably expected to participate in a public hearing, an interpreter will be
present to accommodate the needs of the non-English speaking residents.
4. At a minimum, the applicant must hold at least one public hearing prior to
developing the application and its submission.
5. The applicant must retain documentation of the hearing notice(s), a listing
of persons attending the hearing(sl. minutes of the hearing(s), and any
other records concerning the proposed use of funds for a period of one
year or until the project. if funded, is closed out. Such records must be
made available to the public in accordance with Texas Civil Statutes,
Article 6252-17a.
6. The first public hearing must include a discussion with citizens on the
economic development infrastructure needs of the community, and the
amount of funding available. Citizens shall be made aware of the location
where they may submit their views and proposals should they be unable to
attend the public hearing.
Environmental Review
ALL executed ATCOG contracts require environmental clearance by ATCOG before
ANY non-administrative costs (i.e., costs other than general administrative,
engineering/architectural) may be incurred. The environmental review must
include a review of private as well as public sector improvements.
Labor Standards
Any kind of construction related activities that are being funded, in whole or in
part, with EDIGP funds must comply with the Davis-Bacon labor standards, with
the exception of force account labor used by the unit of local government on the
project.
If EDIGP funds are being used solely for purchase of equipment for the public
infrastructure project (without installation) and/or certain non-construction costs,
the Davis-Bacon requirements may not apply. The applicability and extent of
Davis-Bacon rates applying to a particular project will be determined on a
case-by-case basis by ATCOG.
Real Prooertv Acauisition and Relocation/Disolacement
All projects which will involve any real property acquisition or displacement
(residents or businesses) must contact A TCOG for approval prior to initiating
acquisition negotiations.
10
Comolaint Procedures
The applicant must have written citizen complaint procedures that provide for a
timely written response to complaints and grievances. Citizens must be made
aware of the location and hours at which times they may obtain a copy of these
written procedures.
ADDeals Process
Following the announcement of contract awards, ATCOG will review the
disposition of an application on one or more of the following:
1. Misplacement of an application -- if all or a portion of an application is lost,
misfiled, etc., by ATCOG staff, resulting in unequal consideration of the
applicant's proposal.
2. Mathematical error -- if, in rating the application, the score on any
selection criteria is incorrect due to human error.
3. Other procedural error -- if the application is not processed by ATCOG staff
according to the procedures contained in this document.
All appeals, including the specific alleged procedural violation(s), must be
submitted in writing to ATCOG staff. The ATCOG Executive Committee may take
one of the following actions:
1. Concur with the appeal and make the appropriate adjustment to the
applicant's scores.
2. Disagree with the appeal and provide the basis for rejecting the appeal to
the applicant.
In instances where the appeal is sustained and the corrected scores would have
resulted in project funding, the application will be approved and funded based on
the availability of funds. If the appeal is rejected, ATCOG will notify the applicant
of its decision, including the basis for final rejection.
An appeal can be filed at any time during the selection process, but must be
submitted no later than 30 days following the date of the notification letter of the
decline.
11
PART II
ATCOG
ECONOMIC DEVELOPMENT INFRASTRUCTURE
GRANT PROGRAM
APPLICATION
INSTRUCTIONS FOR COVER PAGE
1. Self explanatory.
2. List current total employment of applicants' jurisdiction and population of
jurisdiction.
3. List percent of jobs created/retained by the applicant with this project. Break
out actual numbers of each and total.
4. List actual EDIGP funds requested with other leveraging resources. Provide
breakdown of "other" leveraging sources as indicated.
5. Self explanatory.
6. Self explanatory.
7. Self explanatory.
13
ARK- TEX COUNCIL OF GOVERNMENTS
ECONOMIC DEVELOPMENT INFRASTRUCTURE
GRANT PROGRAM
1. IDENTIFICATION OF APPUCANT (identify lead applicant, if joint application)
Name: Lead Applicant:
Street/P.O. Box: City: Zip:
Contact Person:
(rnle, Phone Number, Address)
2. LOCAL EMPLOYMENT 3. EMPLOYMENT IMPACT
#Non-
#Minority Minority % of jobs to low/mod. income
Total Employment: Jobs Created:
Pop. of Jurisdiction/ Jobs Retained:
Jurisdictions: TOTALJOBS:
4. ESTIMATED COSTS (min. 5% cash injection of total proj. costs required of principals)
ATCOG EDIGP: $ *Other: Applicant
*Other: $ Private
Other State
Total: $ or Federal
5. COST PER JOB
Total EDIGP requested divided by total jobs = cost/job
6. TITLE AND BRIEF SUMMARY OF PROJECT:
7. AUTHORIZED LOCAL GOVERNMENT OFFICIAL (MAYOR OR COUNTY JUDGE)
Signature Print Name and Title Date
Note: Mail original and one Ark- Tex Council of Governments
copy to: Director of Program Operations
P.O. Box 5307
Texarkana, Texas 75505
1<1
LOCAL GOVERNMENT AND
BUSINESS
CERTIFICATION
WE, AS APPUCANTS TO A TCOG EDIGP, CERTIFY THAT THE INFORMATION,
EXHIBITS AND SCHEDULES CONTAINED HEREIN ARE TRUE AND ACCURATE
STATEMENTS, AND REPRESENT FAIRLY THE FINANC/AL POSTURE AS OF THE
DA TE STA TED HEREIN.
Typed or Printed Name
Typed or Printed Name
Signature
Signature
Local Government Title
Business Title
Date
Date
1 ~
PROJECT APPROVAL INFORMATION
1. Will the assistance requested serve or be located on a federal installation?
Yes_ No_
Name of Federal Installation:
Location of Federal Land:
Percent of Project:
2. Will the assistance requested have any negative impact(s) or effect(s) on the
environment? Yes No . Enter a brief description of potential
environmental probleiTi5.lf any.--
NOTE: All applicants funded will have to comply with federal regulations
regarding environmental clearance before funds are released.
3. Will the assistance requested cause the displacement of individuals, families,
businesses, or farms? Yes_ No_
Number of:
Individuals
Families
Businesses
Farms
4. Has the business or principal(s) included in this project ever been involved in
bankruptcy or insolvency proceedings?
Chapter 7 - No Yes Date
Chapter 11 - No Yes Date
Chapter 12 No -Yes Date
Chapter 13 - No -Yes Date
-
Other - No -Yes Date
If any of the above are checked yes, explain reason or reasons why, and
current legal status.
5. Are you or your business involved in any pending lawsuits? Yes
If yes, explain.
No_
16
6. Did the applicant/business contact other private, state, or federal funding
sources prior to making application for EDIGP funds? If so, provide
documentation from sources contacted. If not, explain why.
EDA
SBA
Other
Explanation:
FmHA
Private lending institutions
Texas Water Development Board
7. List the applicants' ongoing sources of revenue (property tax, water, sewer,
local sales tax, etc.) which will go toward the ongoing maintenance, operation,
or service of any public facility assisted with EDIGP funds.
17
PROJECT SUMMARY
A project narrative summary shall be provided adequately describing the nature
and scope of the project. The following information is provided to assist
applicants to prepare the Project Summary. Questions are listed per eligible
activity category. If you are applying for an infrastructure activity not covered in
this section, please contact the Ark-Tex Council of Governments Director of
Program Operations for additional guidance.
Wastewater Imorovements
When were the treatment units constructed?
If Iinework is involved, when was the affected line(s) installed? What is the
diameter of the affected line(s)? What is the material type of the affected line(s)?
Has the line been cleaned or TVed in the past? If so, when?
What is the design flow and/or population capacity for the existing facility?
What is the present average daily flow?
Is the treatment plant currently meeting its discharge (permit) parameters?
Will any increase in users be within the capacity of the existing discharge permit?
Is any acquisition of real property (including easements and rights-of-way) needed?
Are there any special assessments, including service connection costs and fees
involved?
Water Imorovements
When was the treatment facility constructed?
If Iinework is involved, when was the affected line(s) installed? What is the
diameters of the affected line(s)? What is the material type of the affected line(s)?
has the line been cleaned or TVed in the past? If so, when?
What is the design population capacity for the existing facility?
What is the water source for the system?
What is the average daily and peak time, demands for the jurisdiction?
Are any of the capacity/pressure improvements (such as looping or gate valves)
primarily for fire protection? Are hydrants included?
Is any acquisition of real property (including easements and rights-of-way) needed?
Are there any special assessments, including service connection costs and fees
involved?
18
Road/Street Imorovements
When was the original roadway constructed, or subsequently improved?
What is the classification of the road, (e.g., arterial, collector)?
Is there a maintenance schedule for the streets or roads? Briefly describe.
If new construction is proposed, what adjacent development is occurring?
If added capacity is in the form of new lanes, what kind of traffic study/plan
determined the need for the lanes?
If an upgrade in surface quality, was poor drainage a contributing factor in the lack
of serviceability of the street/road?
What is the current condition of the roadway? (Describe the surface materials,
base materials and widths of the roadways.)
Is any acquisition of real property (including easements and rights-of-way) needed?
Are there any special assessments, including service connection costs and fees
involved?
What is the current load limit for a road?
Who currently maintains the road?
Railroad Sours
Which railroad currently owns the track that the spur will connect with? Who will
own the spur?
Who will be maintaining the spur?
Provide a description of the location of the spur. Is it on public/private property?
SUPPLEMENT THIS INFORMATION WITH THE MOST RECENT COUNTY OR CITY
AUDITED ANNUAL FINANCIAL STATEMENTS AND CURRENT FISCAL OPERATING
BUDGET.
19
BUDGET JUSTIFICATION
EDIGP projects must include detailed information of ALL costs listed on the
Sources and Uses Form. Funds must be delineated by source and use. This must
include all major parts of the development, such as land acquisition,
construction/rehabilitation, and machinery/equipment. Source information must
include which entity is paying/providing funding for which of these activities.
Document the need for total project costs using the following outline as an
example.
1. Any EDIGP application must be accompanied by a dated, signed, original
budget justification letter prepared by a Texas-registered public engineer.
At a minimum, the budget justification must include the following
information:
a. Quantity and size of improvements. For example, those planning water
improvements should indicate the total linear feet of water line to be
installed, the proposed line size, and the treatment plant capacity.
b. Construction Costs, broken down as follows:
1. Material costs.
2. Labor costs (indicate whether force account labor will be used for
pubic facilities activity(ies). Include a statement indicating that
Davis-Bacon has been taken into consideration if force account labor
will not be used.
c. Enoineerino/Architectural Fees.
d. A statement indicating that the proposed improvements are the
minimum necessary to complete the proposed project.
2. If the project requires funds for land acouisition, provide the following
information: A value opinion letter from a local realtor or developer. Note:
If the project is funded, an appraisal by a Member Appraisal Institute
appraiser (MAl) or a Senior Real Estate Analyst (SREAI or a Senior Real
Property Appraiser (SRPA) will be required. These costs will trigger the
Uniform Act.
3. If the project requires funds for develooment costs. provide:
a. Description of costs.
b. Itemized price list of development costs.
4. If the project requires funds for buildino construction, provide independent
3rd-party signed bids detailing the following information:
a. Size of building.
b. Material costs.
c. Labor costs (Note: These costs may trigger the Davis-Bacon Act).
d. Engineering and architectural costs.
e. The budget justification for building construction funds must include
the name of the individual or firm who prepared the justification and
the date of preparation.
20
f. Is the project in a designated flood hazard zone?
5. If the project requires funds for machinerv and eouioment, provide
documentation detailing the following information:
a. Type and description of equipment.
b. Itemized price list per piece of equipment from a supplier.
c. Labor costs (Note: These costs may trigger Davis-Bacon).
6. If the project requires funds for administration provide the following
information:
a. Description of each activity to be performed.
b. Itemized cost per activity.
21
SOURCES AND USES OF FUNDS
INSTRUCTIONS
The Sources and Uses displays the total budget for all proposed activities and
provides the total projected expenditures for the contract period.
1-5. Self-Explanatory
6. List funds for any use not already explained in 1-6 and program income,
here.
7. These costs may include accounting, procurement, payroll, audits, and
environmental impact studies.
8. Total each column both vertically and horizontally.
9. Enter the total projected expenditures for each three-month period of the
program. The projections are to be quarterly and should only include
the EDIGP funds budgeted.
10. Enter the total other projected expenditures for each three-month period
of the program. The projections are to be quarterly and should include
all funds other than EDIGP.
Be sure to enter the name of the applicant and the private beneficiary, if
applicable at the top of the Sources and Uses of Funds form.
NOTE: Costs incurred prior to the contract award date, including but
not limited to application preparation, are not reimbursable from
administration awards.
22
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23
FINANCIAL COMMITMENTS
Is there other related financial assistance on this project (previous, pending, or
anticipated)? If funds are committed from an outside source follow the guidelines
below:
Any application that shows funding from sources other than EDIGP must include
as an attachment, a letter of commitment from the funding source (see samplel.
A commitment of funds must be in the following format:
FOR PRIVATE BUSINESS INJECTION:
1. If the company is using other private financing, a commitment from the
other private financing entity must be in the form of a letter from each
entity committing funds indicating the same information as in 2 below.
2. If company/corporate/personal funds, a letter from that company's chief
executive officer or the principals of the firm (or that person) indicating the
commitment amount, stated proposed use of the funds, estimated date of
availability, the rate and term, the expiration date of the commitment and
the security of the loan.
3. if the company is using public financing, a commitment from the financing
entity must be in the form a letter from each entity' committing funds
indicating the same information as in 2 above.
FOR PUBLIC INJECTION:
1. A commitment of city or county funds by the applying jurisdiction must be
in the form of a resolution from the local governing body. The same
information as outlined above for letters of commitment must be included
in the resolution. The commitment may be contained in the same
resolution which authorizes the submission of an application.
2. Regarding industrial revenue bonds, a separate local bond inducement
resolution stating the dollar amount and conditions of sale/issuance must
be included here. (A letter from the purchaser of the bonds must also be
included in order for the funds to be utilized for project feasibility.)
NOTE: At the time of contracting, a verification of deposit will need to be included
from the institution where the funds to be injected are on deposit. showing that
thee are sufficient funds available for injection into the proposed project.
24
SAMPLE FINANCIAL INSTITUTION COMMITMENT LETTER
(On Lender Stationery)
October 21,1991
Mr. Ismael Toledo
XYZ Manufacturing Corporation
1017 S. Flores St.
Some City, Texas 78711
Dear Mr. Toledo:
Pursuant to our discussion and based on a review and assessment of your
project proposal and related documents, First Bank of Some City, USA,
commits to provide permanent financing for your project. Although we were
asked to finance your total project costs of $ , we are only able to
provide $ due to (reasonl . Our commitment is based on the
sound financial resources of the company (principals) and the feasibility of the
project.
The terms of our commitment are as follows:
Amount: $885,000 or 85% of the project cost, whichever is higher, plus
$20,000 for land cost.
Rate: Prime plus 1-112% (based on New York Prime), variable rate
over the term of the loan.
Term: 15 years.
Expiration
Date: November 30, 1991
Security: First Lien Deed of Trust on plant and satisfactory covenants.
Our financial commitment for this project is contingent only upon your
company being able to obtain the necessary infrastructure provided by your
city or county jurisdiction through the Economic Development Infrastructure
Grant Program from the Ark-Tex Council of Governments for a total of
$115,000.
We look forward to assisting you in finalizing this financial arrangement in the
near future.
Sincerely,
Juanita Valenquela
President
25
EVIDENCE OF COMMITMENT
(Corporate Letterhead)
October 21, 1991
Joe Cameron
Mayor
City of Ballinger
P,O. Box 1
Ballinger, Texas 76821
Dear Mayor Cameron:
As you are aware, the XYZ Corporation has experienced a great deal of
growth over the last several years. A result of this growth is the need to
expand our operation. The XYZ Corporation plans to expand by constructing a
25,000 square foot building on land purchased by the firm two years ago at
the Westside Industrial Park.
The total project cost of the purchase of land, construction of the building and
required infrastructure improvements is $1,300,000. The proposed financing
for the project can be summarized as follows:
Bank Loan Funds
Corporate Equity
EDIGP
$ 750,000
500,000
200.000
$ 1,450,000
The equity is from two sources. The XYZ is contributing $200,000 cash
(verification from ABC Bank is attached) and $300,000 in land equity to the
project. The land equity is derived by the following:
Appraised Market Value
Less Debt on Land
Discount (25%) on Land
$ 750,000 (See Attached MAl Appraisal)
- 350,000
- 100.000
$ 300,000
The XYZ Corporation is committing this equity to the project.
The project's feasibility, taking into consideration current long-term financing
costs and competitive investment alternatives, is contingent upon XYZ
Corporation obtaining EDIGP funds.. Any increase in XYZ Corporation's cash
equity injection would seriously jeopardize our working capital requirements. I
cannot overemphasize the importance of the EDIGP funds. Without these
funds, we cannot proceed with the project at this time.
Sincerely,
Joe Smith
President
26
PRIVATE BUSINESS BENEFICIARY
PROJECTS UNDER THE ATCOG EDIGP WHERE THE BENEFICIARY IS A PRIVATE
BUSINESS MUST SUBMIT THE FOLLOWING ADDITIONAL DOCUMENTS:
1. A business plan that presents the company's product, services, market,
and staffing.
2. Business financial statements (Balance Sheet and Profit/Loss Statement)
for the past three years and current business financial statement not older
than two months. Monthly cash flow and income statement projections
for two years are needed (samp/es included).
3. Current aging of accounts receivables and payables that correspond to the
most current financial statements submitted.
4. Schedule of all outstanding debt, detailing term, monthly principal, and
interest payments (samples included).
5. Business income tax returns for last three years.
6. Current personal financial statements for each principal with twenty
percent (20%) or more ownership (sample form included).
7. Complete and signed authorization to investigate credit (included in
packet) .
8. Any other items such as marketing studies, preliminary drawings, and
appraisals.
27
AS OF
BALANCE SHEET
Cash on hand
Cash in banks
Accounts receivable
Inventory
TOTAL srr ASSETS
Fixed assets
Goodwill
TOTAL LJT ASSETS
TOTAL ASSETS
SIt notes payable
Accounts payable
Taxes & accruals
TOTAL srr LIABILITIES
LJT liabilities
TOTAL LIABILITIES
(Date)
ASSETS
LIABILITIES/EQUITY
EQUITY
TOTAL LIABILITIES & EQUITY
---------------------------------------
NOTES:
28
PROFIT AND LOSS STATEMENT
MONTH PERIOD, ENDING
TOTAL SALES
Beginning Inventory
Purchases
(less) Ending Inventory
COST OF GOODS SOLD
GROSS PROFIT
OPERATING EXPENSES
Variable expenses:
Salaries: Owners
Employees
Accounting/legal
Advertising
Automobile expenses
Bad debts-checks
Bank service charges
Commissions
Contract labor
Entertainment and travel
Freight
Office supplies
Payroll taxes
Other expenses
Total variable expenses
Fixed expenses
Depreciation
Insurance
Interest on Notes
Rent
Repairs and Maintenance
Taxes and licenses
Telephone
Utilities
Other expenses
Total fixed expenses
TOTAL EXPENSES
NET OPERATING PROFIT (PRE- TAX)
29
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31
~ OMS Approval No. 3245-0188
. Exp. Date: 10.31-89
. PERSONAl. FINANCIAL STATEMENT
. . ,:t
""'taT\.-":"" As of 19_
Complete this lonn i11) _ sola proprietorship by lha proprietor; 2) _ partnership by each partnar: 3) _ corporation by each olfocer and
each stockholder with 2O'Ml or mora ownership: 4) any other person or _ntlty providing _ guaranty on lhe,loan.
Name Residence Phone
Residence Address .
CIIv. State & Zio
Business Name 01 Applicanl/Borrower
ASSETS LIABILITIES
(Omn Cents) (Omn Cents)
Cash on hand & in Banks..................$ Accounts Payable .. . .. .. . . .. . .. .. .. . .. . ..$
Savings Accounts......................... Notes Payable (to Bk & Othars
IRA..................................... . (Describe in Section 2). .. .. . .. . .. .. . .. ..
Accounts & Notes Receivable Installment Account (Auto)
(Describe in Section 6) .................. Mo. Payments $
Lne Insurance--Cash Installment Account (Other)
Surrender Value Only ................... Mo. Payments $
Stocks and Bonds Loans on Lile Insurance ..................
(Describe in Section 3) .................. Mortgages on Real Estate.. .. . .. .. .. . .. . . .
Real Estate (Describe in Section 4). . . . . . .. .. . . .. .. ..
(Describe in Section 4) .................. Unpaid Taxes
Automobile-Present Value. . . . . . . . . . . . . . . . (Describe in Section 7). .. .. .. .. .. .. .. . . .
Other Personal Property. . . . . . . . . .. .. . .. .. . Other Uabilities
(Describe in Section 5) (Describe in Section 8). . .. .. .. .. . .. .. . ..
Other Assets......................... ....
(Describe in Section 6) .................. Total Liabilities...........................
Net Worth...................... .........
Total. . . . . . . . . . . . .. . . . . . . .. . . . ..$ Total. . . . .. . .. . . . . . . . . . . . .. . . . . . .$
Section 1. Source 01 Income Contingent Uabilities
Salary ............................ $ As Endorser or Co-Maker .............................$
Net Investment Income. . . . . . . . . . . . . Legal Claims & Judgments. . . . .. . . . . . . .. . . . . . . . . . .. . . .
Real Estate Income. . . . . . . . .. .. .. .. Provision lor Fed Income Tax..........................
Other Income (Describe)" . . . . . . . . . . . Other Special Debt....... ............................
Description 01 Items Listed in Section I
"(Alimony or child support payments need not be disclosed in "Other Income unless it is desired to have such payments counted
toward total income,)
section 2. Notes Payable to Banks and-ofhers
Name & Address 01 Original Currant Payment Tarms How Secured or
Noteholder Balance Balance Amount (Monthly-etc.) Endorsed-Type 01 Collateral
SBA Form 413 (10-87) Use 10-86 edition until exhausted ReIer to SOP 50 10
(Response Is required to Obtain _ benefit)
32
Section 3. SlockS and Bonds: ,II Sf 1111 shlllll il necllssa/)')
-
Markllt Value Dale
No. of Shares Names of Securities Cost Quotalion/ExchanQe Amounl
Seclion 4, Real Estate Owned. (List each parcel separately. Use supplemental sheets il neeessa/)'. Each sheet must be idantified as a
supplement to this statement and signed),
Title is in Dale Original Present Mortgage Amount Stalus 01
Address-Type of property name of Purchased Cosl' Value Balance of Paymenl Mortgage
Section 5, Other Personal Property. (Describe, and if any is mortgaged, state name and addrass 01 mortgage holder and amount 01
mortgage, terms 01 payment. and if delinquent. describe delinquency.
Seetion 6. Other Assets, Notes & Accounts Receivable (Describe)
.'
Section 7. Unpaid Taxes, (Describe in detail. as to type, to whom payable, when due, amount, and what, if any, property the tax lian
attaches)
Section 8. Other Liabilities. (Describe in detai~
Section 9. Life Insurance Held (Give lace amount 01 poficies-name 01 company and beneficiaries)
SBA/Lender is authorized to make all inquiries deemed necessary to verify the accuracy of the statements made herein and to
determine mylour creditworthiness.
(I) or (We) certify the above and the statements contained in the schedules herein are a true and accurate statement of (my) or (our)
financial condition as of Ihe date staled herein. This slatement is given for the purpose of: (Check one 01 the lof/owing)
0 Inducing S,B,A, 10 grant a loan as requested in the application, 10 the individual or firm whose name appears herein.
0 Furnishing a stalement of (my) or (our) financial condition, pursuanlto the terms of the guaranty executed by (me) or (us) at
the same time S.B.A. granted a loan to the individual or firm, whose name appears herein.
Signature Signature Date
SOCIAL SECURITY NO. SOCIAL SECURITY NO.
SBA Fo.-m 413 (10-87j
..
-
~ OMB AppIaval No, 3245-0188
PERSONAl FINANCIAL STATEMENT Exp. Date: 1~1-89
. .
,.,~~~",,,, Aaol 19_
Complete this lorm il 1) a sole proprietorslllp by the PftlPrietor; 2) a partnership by each partner; 3) a corporation by each oIIIcar and
each stockholder with 20% or more ownerslllp; 4) any oIher parson or entity providing a gU!lfanty on !he loan.
Name Residence Phone
Residence Address
CIlv. State &Zio
Business Name 01 Applicanl/Borrower
ASSETS UABILITIES
(Om" Cants) (Om" Cants)
Cash on hand & in Banks. . .. . .. .. .. . .. . . ..$ Accounts Payable........................$
Savings Accounts..................... .... Notes Payable (to Bk & Others
IRA................................... ... (Describe in Section 2). .. .. .. .. .. .. . . .. .
Accounts & Notes Receivable Installment Account (Auto)
(Describe in Section 6) .................. Mo. Payments $
Lne Insurance--Cash Installment Account (Other)
Surrender Value Only. . . . . . . . . . . .. . . . . .. Mo. Payments S
Stocks and Bonds Loans on L~e Insurance..................
(Describe in Section 3) .................. Mortgages on Real Estate.................
Real Estate (Describe In Section 4)................._
(Describe In Section 4) .. . . . . . .. .. . .. .. . . Unpaid Taxes
Automobile-Present Value. . . . . . . . . . . . . . . . . (Describe in Section 7)..................
Other Personal Proparty . . . . . . .. . . .. . .. . .. . Other Liabilities
(Describe In Section 5) (Describe in Section 8).. . .. . . . . .. .. .. . ..
Other Assets......................... ....
(Describe in Section 6) .................. Total Liabilities...........................
Net Worth...............................
Total. . .. . . . . .. . .. .. . . . . . .. .. . ..$ Total. . . . .. .. . . .. . .. . . . .. . .. .. .. .$
Section 1. Source 01 Income Contingent Liabilities
Salary ............................ $ Aa Endorser or Co-Maker .. ...... ...... .......... .....$
Net Investment Income. . . . . . . . . . . . . legal Claims & Judgments. : .. .. .. .. .. .. .. .. .. . .. .. ...
Real Estate Income.. . , . . . . . . . . . .. . Provision lor Fed Income Tax. . . . . . . . . . . . . . . . . . . . .. .. ..
Other Income (Describe)' . . . . . . . . . . . Other Special Debt............. ..... ............. ....
Description olllems listed in Section I
"(Alimony or child support payments need not be disclosed in "Other Income" unless it is desired to have such payments counted
toward total income.)
~tion2. Notes Payable to Banks and Uthers
Name & Address 01 Original Currant Payment Terms How Secured or
Noteholder Balance Balance Amount (Monthly..tc.) Endorsed-- Type 01 Collateral
SBA Form 413 (10-87) Use 1 ().86 edition until exhausted ReIer to SOP 50 10
(Response Is required to obtain a benefit)
<4
Section 3. Stocks and Bond. '!!..!en..rate sheet if necessary)
Market Value Date
No. of Shares Names of Securities Cost Quotation/Exchange Amount
Section 4, Real Estate Owned. (Ust each parcel separately. Use supplemental sheets if necessary. Each sheet must be identified as a
supplement 10 this statement and signed).
Trtle is in Date Original Present Mortgage Amount Status of
Address-Type ot property name ot Purchased Cost Value Balance of Payment Mortgage
Section 5. Other Personal Property. (Describe. and if any is mortgaged. state name and address of mortgage holder and amount of
mortgage, terms of payment, and if delinquent, describe delinquency,
Section 6. Other Assets. Notes & Accounts Receivable (Describe)
:section 7. Unpaid Taxes. (Describe in detail, as 10 type, to whom payable. when due, amount, and what. if any, property the tax lien
attaches)
Section 8. Other Liabilities, (Describe in detail)
Section 9. Lite Insurance Held (Give face amount of policies name of company and beneficiaries)
ISBA/Lender is authorized to make all inquiries deemed necessary to verify the accuracy of the statements made herein and to
determine my/our creditworthiness.
(I) or (We) certify the above and the statements contained in the schedules herein are a true and accurate statement of (my) or (our)
financial condition as of the date stated herein. This statement is given for the purpose of: (Check one of the fo/lowing)
0 Inducing S,B,A. to grant a loan as requested in the application, to the individual or firm whose name appears herein.
0 Furnishing a statement of (my) or (our) financial condition, pursuant to the terms of the guaranty executed by (me) or (us) at
the same time S.B.A. granted a loan to the individual or firm, whose name appears herein.
Signature Signature Date
:Sl)\;IAL :s!::cUHII Y No. SOCIAL SECURITY NO.
SBA Form 413 (10-87)
35
(It IlAnpn.1J1M,.''''.....q.Il,,&~
CREDIT INVESTIGATION AUTHORIZATION
(Company Name)
Ark- Tex Council of Governments has my permission to obtain information on my
personal credit history and that of the company.
Name (Printed or Typed)
Name of Company (Printed or Typed)
Social Security Number
Address
City, State, Zip
Signature
Date
36