| B. Loans made to a municipality by the bank under this | section must be evidenced by and made in accordance with the | terms and conditions specified in a loan agreement to be | executed by the bank and the municipality. The loan | agreement must specify the terms and conditions of | disbursement of loan proceeds. The loan agreement must | state the term and interest rate of the loan, the scheduling | of loan repayments and any other terms and conditions | determined necessary or desirable by the bank. |
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| | 3. Eligibility certification. The bank may not make a grant | or loan to a municipality or group of municipalities under this | section until: |
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| A. The applicant certifies to the bank that it has secured | all permits, licenses and approvals necessary to construct | the improvements to be financed by the grant or loan; |
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| B. In the case of a loan, the applicant demonstrates to the | bank that it has established a rate, charge or assessment | schedule that generates annually sufficient revenue to pay, | or has otherwise provided sufficient assurances that it | pays, the principal of and interest on the municipal bond or | other debt instrument that evidences the loan made by the | bank to the municipality pursuant to the loan agreement | under this section and to pay reasonably anticipated costs | of operating and maintaining the financed project and the | system of which it is a part; |
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| C. In the case of a loan, the applicant certifies to the | bank that it has created a dedicated source of revenue that | may constitute general revenues of the applicant through a | general obligation pledge of the applicant for repayment of | the loan; and |
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| D. The In the case of a public service infrastructure grant | or loan, the Department of Economic and Community | Development affirms that the applicant has met the | conditions of this paragraph. |
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| (1) A municipality is eligible to receive a grant or a | loan, or a combination of both, if that municipality | has adopted a local growth management program certified | under section 4348 that includes a capital improvement | program comprised composed of the following elements: |
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| (a) An assessment of all public facilities and | services, such as, but not limited to, roads and | other transportation facilities, sewers, schools, | parks and open space, fire and police; |
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