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HomeMy WebLinkAboutR23-605335 RESOLUTION NO. R23-605 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR FINANCIAL ASSISTANCE FROM THE STATE INFRASTRUCTURE BANK; AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF PLAINVIEW IN ALL MATTERS RELATING TO THE APPLICATION WHEREAS, the State of Texas has deemed it necessary to make certain Highway improvements on Highway No. SH 194 from IH 27 to FM 3466, and this section of highway improvements will necessitate the acquisition of certain right of way and the relocating and adjusting of utilities (the "Project"); and WHEREAS, Texas Transportation Code §§ 201.103 and 222.052 establish that the State of Texas shall design, construct, and operate a system of highways in cooperation with local governments; and WHEREAS, the City of Plainview is a home -rule municipality and political subdivision of the State of Texas and pursuant to the constitution and laws of the State of Texas including, but not limited to, Article 11, Section 5 of the Texas Constitution as a home -rule city, Chapter 552 of the Texas Local Government Code and the Plainview City Charter, has the authority to operate a water utility system for the benefit of the citizens of the City of Plainview; and WHEREAS, the proposed Project will necessitate the adjustment, removal, and/or relocation of certain facilities and water pipelines that are owned and operated as the water utility of the City of Plainview; and WHEREAS, the City of Plainview has provided the State of Texas sufficient evidence detailing the City of Plainview's interest in lands, facilities and water pipelines being impacted by the Project that entitles the City of Plainview to reimbursement for the adjustment, removal, and relocation of the City's facilities and water pipelines impacted by the Project; and WHEREAS, Hale County, the county in which Plainview lies, has been designated as an Economically Disadvantaged County by the Texas Department of Transportation from 2017 to 2022; and WHEREAS, any funding needed from the City to adjust, remove and relocate the City's water utilities due to the reconstruction associated with the Project will be taken from City of Plainview reserves to meet the needs of Texas Department of Transportation's Project; and WHEREAS, any debt issued by the City of Plainview has been dedicated to finance the relocation of utility lines critical to the operations of the City of Plainview's water utility for the benefit the City's customers and the citizens of the City of Plainview; and Resolution R23-605 Page 1 of 3 336 WHEREAS, the State Infrastructure Bank, operated by the Texas Department of Transportation, is a revolving loan fund that provides access to capital funds at or below - market interest rates that can be granted to any public or private entity authorized to construct, maintain, or finance an eligible transportation project; and WHEREAS, the City of Plainview deems it proper and in the best interest of the City of Plainview to apply for a loan from the State Infrastructure Bank in an amount up to $3,000,000 to be used for State Highway 194 Utility Relocations; and WHEREAS, based on the facts outlined in the recitals above the City Council of the City of Plainview believes it meets the qualifications to receiving funding from the State of Texas Facilities for reimbursement from the State of Texas of the cost to adjust, remove and relocate the City's facilities and water pipelines due to the reconstruction associated with the Project and supports the City submitting an Application for State Participation in the Relocation of Certain Publicly -Owned Utility and believes that by doing so is in the best interest of the City of Plainview and its citizens; WHEREAS, the City of Plainview is qualified to apply for and obtain financial assistance from the State Infrastructure Bank for this purpose; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, THAT: 1. The recitals outlined above are, to the best of the knowledge of the City Council, found to be true and correct and are hereby adopted, approved and incorporated herein as though set forth fully herein. 2. The City Council that it is in the best interest of the City of Plainview to apply for a loan from the State Infrastructure Bank in an amount up to $3,000,000 to finance State Highway 194 Utility Relocation Project. 3. The City Council hereby authorizes the City Manager to execute an application for financial assistance from the State Infrastructure Bank and to submit the application, together with all required documentation, to the Texas Department of Transportation for consideration. 4. The application to be submitted is attached hereto as Exhibit A and made a part hereof for all purposes. PASSED AND APPROVED this 13th day of June, 2023. Charle Starn s, Mayor Resolution R23-605 Page 2 of 3 337 1 1 ATTEST: 19�1& - lf—?,� Belinda Hinojosa, it ecretary Resolution R23-605 Page 3 of 3 338 SECTION I - Applicant Information Applicant Name: City of Plainview Application Type:FCFS - TxDOT Project < $10M Primary Contact: (806) 296-1106 Taxpayer FEIN: 1-75-6000639 Contact's Title: Jeffrey Snyder Email Address: jsnyder@plainviewtx.org Street Address: 202 W. 5th Street Phone Number: (806) 296-1106 City: Plainview Zip:79072 County: Hale Council/Board Bi-weekly Urbanized Area: Small Urban Area Meeting Frequency: TxDOT District: LBB - 5 - Lubbock TxDOT District Engineer: Phone Number: Steve Warren, P.E. (806) 748-4420 TxDOT District Contact Name: Phone Number: Kylan Francis (806) 748-4420 Financial Advisor Information, if applicable: Name: Vince Viaille Phone: (806) 749-7734 Firm: Specialized Public Finance Email: vince@spubfin.com Bond Counsel Information, if applicable: Name: Rudy Segura, Jr. Phone: (214) 754-9268 Firm: McCall, Parkhurst & Horton Email: rsegura@mphlegal.com SECTION II - Financial Information Requested amount of financial assistance (must be rounded to the nearest thousand): $2,886,000 Requested terms: Years: 10 Deferment of first payment: ® No Yes, number of years: Preferred debt service payment date(s): ® Yes: January2024 Disbursement Date(s): ® As soon as possible ❑ Preferred date(s): Breakdown of use of funds (must equal application amount): ❑ No, start from disbursement Utility Relocation $2,885,722.50 Total $2,885,722.50 1 1 1 339 I I Proposed pledge of source of repayment and priority claim to those sources (indicate if requesting subordinate and reason): Utility Fund Revenues List any other existing debt payable from the same revenue source (Please attach documentation.) Water and Wastewater System G.O. Refunding Bonds, Series 2020; Water and Wastewater System Revenue Bonds, Series 2023 Current credit rating(s), if applicable: General Obligation Bonds, Series 2017: AA- Water and Wastewater System Revenue Bonds, Series 2023: A+ Provide the applicant's legal authority to incur the proposed debt and the borrower's proposed pledge of source of repayment: City of Plainview Resolution SECTION III - Project Information Brief Description of the Project: Utility line relocations on State Highway 194 (Quincy Street) Total Cost of Entire Project: (i.e. right of way, construction, utilities, etc.) $ 3,189,397.50 CSJ Number(s): 0439-05-026 Is the project in the Statewide Transportation Improvement Program (STIP)? If no, when will it be added or provide justification for not adding ®Yes F-]No Is the project environmentally cleared? ®Yes F]No Anticipated Clearance Date: Functional Classification: Minor Arterial Is the requested financial assistance a local match? If yes, is it required or voluntary? ❑ Yes: ® No Is the project joint bid? Yes ®No Describe need and anticipated public benefits of the project: Reconstruction of State Highway 194 as identified in the State Transportation Improvement Plan What type of construction contract will be used on the project (DB, DBB, etc.)? Competitive Sealed Bid Additional Information (Attach additional pages if needed): 340 SECTION IV - Required Documentation Does entity have home rule charter? If Yes, please submit a copy of the charter, or provide link if a charter is posted online. ® Yes ❑ No List of all other outstanding financial agreements with TX DOT, for example toll equity, SIB loans, pass -through tolls, etc. (Please attach documentation) N/A Please submit the following documents with your application, if applicable. ❑ Copy of Advanced Funding Agreement, Utility Relocation or other agreement with TxDOT, if applicable ❑ Bond rating letters from Moody's, Standard & Poor's, or Fitch, if any. ❑ Resolution from governing board authorizing the application. ❑ Financial feasibility study. ❑ 5 years of audited financial statements related to the source of repayment. (Can provide link if online) ❑ Copy of the most recent budget. (Can provide link if online) ❑ Preliminary design study which includes: • An initial route and potential alignments. • The project's logical termini and independent utility. • The location of all right-of-way, facilities and equipment required to make the project functional. • Revisions or changes to state highway system facilities necessitated by the project. • An Environmental Review of the project if available. • Legal or letter size map of the project. All application information and materials can be submitted electronically to TexasSIB@txdot.gov or by mail to: TxDOT Project Finance, Debt, and Strategic Contracts Division State Infrastructure Bank (SIB) 125 East 11 th St. Austin, TX 78701-2483 Section V - Acknowledgment and Certification I certify that: I have the authority to request and incur the debt described in this application, and upon award, will enter into contract for repayment of any financial assistance granted by the Texas Department of Transportation's State Infrastructure Bank (SIB). I have completed the preliminary requirements, and will comply with all applicable state and federal regulations and requirements. To the best of my knowledge, all information contained in this application is valid and accurate and the governing body of the undersigned jurisdiction has authorized the submission of this application. Signature of authorized official Jeffrey Snyder Printed Name Date City Manager, City of Plainview Title, Jurisdiction The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request to be informed about the information that we collect about you Under Sections 552.021 and 552.023 of the Government Code, you also are entitled to receive and review this information Under Section 559.004 of the Government Code, you are also entitled to have us correct information about you that is incorrect.