| | | 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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