Before entering into a memorandum of agreement as described in 15 CAR § 26-303, the applicant must submit the following documents:
(1)
- (A) A resolution from the governing body naming the applicant's signatory authority or authorities for the project.
- (B) The signatory authority or authorities must have the legal authority to contractually bind the borrower.
(C) The signatory authority or authorities will be signing such documents as:
- (i) The loan application;
- (ii) The bond purchase agreement;
- (iii) Payment requests; and
- (iv) Many other program documents;
(2)
- (A) Because some of the funds used in the CWRLF program are from tax-free municipal bonds, the borrower will be required to pass a resolution called a resolution of intent.
- (B) This resolution is required by the Internal Revenue Service.
- (C) The CWRLF program can only reimburse the borrower for costs incurred after this resolution is passed.
- (D) A copy of this resolution will have to be submitted to the Arkansas Natural Resources Commission staff;
(3)
- (A) The borrower will certify that all professional services used on this project have been properly procured.
- (B) Examples of the types of services that would have to be procured are a consulting engineer and a bond counsel;
- (4) The borrower will provide a copy of the contract for consulting engineering services for planning and design; and
(5)
- (A) The borrower will provide a copy of the letter from the Water/Wastewater Advisory Committee (WWAC) that recommends funding from the CWRLF program.
- (B) Details about the WWAC process can be obtained from the commission staff.