2011/07/20 Council Agenda Packet

3 APPLICANT CERTIFICATION WHEREAS, the City of Everett (name of local government)is applying to the Washington State Public Works Trust Fund program for a low-interest loan for an eligible project;and WHEREAS, RCW 43.155.070 requires that applicants planning under RCW 36.70A.040 must have adopted comprehensive plans in conformance with the requirements of chapter 36.70A RCW, and must have adopted development regulations in conformance with the requirements of chapter 36.70A RCW;and WHEREAS, RCW 70.95 requires a comprehensive Solid Waste Management plan be adopted by the city or county; and WHEREAS, RCW 43.155.070(10)requires that solid waste or recycling facility is consistent with and necessary to implement the comprehensive solid waste management plan adopted by the city or county under chapter 70.95 RCW. WHEREAS,the applicant certifies that it has a currently adopted plan for each and every one of the systems it owns and operates and that these plans fully conform to the specifics within this application; and WHEREAS, RCW 43.155.070 requires that county and city applicants must have adopted the local optional one-quarter of one percent Real Estate Excise Tax, as described in Chapter 82.46 RCW;and WHEREAS,the applicant states that their Capital Facility Plan is consistent with the Comprehensive Land Use Plan of the jurisdiction in which they provide service; and WHEREAS,the local governing body has approved submission of this application for a Public Works Trust Fund loan; and WHEREAS the applicant certifies that if they have permitting authority(Counties and Cities)that they have developed and are adhering to guidelines regarding their permitting process for those applying for development permits consistent with section 1(2)of Chapter 31, 2007 laws. WHEREAS the applicant certifies that it has adopted,or will adopt by August 4,2011,and that this project adheres to policies to reduce greenhouse gas emissions in accordance with RCW 70.235.070. POLICY TITLE: City of Everett Climate Action Plan DATE ADOPTED: 5/25/11 WHEREAS the applicant certifies that,there is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described public facilities project or to enjoin the applicant from repaying the Public Works Trust Fund loan extended by the Public Works Board with respect to such project. The applicant is not a party to litigation, which will materially affect its ability to repay such loan on the terms contained in the loan agreement. WHEREAS,the applicant recognizes and acknowledges that the information in the application forms is the only information,which will be considered in the evaluation and/or rating process. Incomplete responses will result in a reduced chance of funding. In order to ensure fairness to all,the Public Works Board does not accept any additional written materials or permit applicants to make presentations before the Board;and WHEREAS, it is necessary that certain conditions be met as part of the application process;and WHEREAS, RCW 43.155.060 requires that the project will be advertised for competitive bids and administered according to standard local procedure;and WHEREAS,the loan will not exceed the maximum amount allowed by the Board of eligible costs incurred for the project;and WHEREAS,the applicant certifies that the improvement has a minimum life expectancy of at least the number of years of the loan term for which they are applying; and WHEREAS, any loan arising from this application constitutes a debt to be repaid,and Ray Stephenson/Mayor (person/title)has reviewed and concluded it has the necessary capacity to repay such a loan; and WHEREAS,the information provided in this application is true and correct to the best of the government's belief and knowledge and it is understood that the state may verify information,and that untruthful or misleading information may be cause for rejection of this application or termination of any subsequent loan agreement(s);and NOW THEREFORE, the City of Everett(name of local government)certifies that it meets these requirements,and further that it intends to enter into a loan agreement with the Public Works Board, provided that the terms and conditions for a Public Works Trust Fund loan are satisfactory to both parties. Signed: Name: Ray Stephanson Title: Mayor Phone Number: (425) 257-7112 Date: Attest: Fiscal Year 2013 Public Works Trust Fund Loan ApplicatOns 4 1. Page 20