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2013-16RESOLUTION NO. 2013 - 16 COUNCIL MEMBER RYAN INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair is agreeing to engage Metro Area Planning Association (MAPA) to assume responsibility for implementing a Non - Profit Development Organization (NDO) Revolving Loan Program for the City of Blair as a component of the MAPA Foundation's overall Revolving Loan Fund Portfolio, and WHEREAS, the City of Blair will collect receivable CDBG program income from individuals or businesses which have agreed to repay such funding and will promptly forward all proceeds to the Foundation, and WHEREAS, the Foundation will establish, market and administer a program that provides for the timely and legal obligation of those proceeds for community development activities within the City of Blair in accordance with the City of Blair's Local CDBG Re -use Plan, and WHEREAS, as the Foundation implements projects and receives loan repayments from businesses and individuals for eligible activities, those repayments will be deposited in the Foundation's NDO regional revolving fund, and WHEREAS, adopting such agreement is acceptable to the Nebraska Department of EXonormc Development. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA that the Economic Development Re -Use Plan attached hereto, marked Exhibit "A' and by this reference made a part hereof as though fully set forth herein, is hereby approved and adopted by the City of Blair, Nebraska. —1— COUNCIL MEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER KEPHART. UPON ROLL CALL, COUNCIL MEMBERS KEPHART, RYAN, CHRISTIANSEN, JENSEN, HALL AND ANDERSEN VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 28 DAY OF MAY, 2013. ATTEST: B NDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA JA3GIE E. REALPH, MAYOR BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 28th day of May, 2013. g nt�u��- BRENDA R. WHEELER, CITY CLERK —2— 1 no DIM I1 1 Economic Development Re-Use Plan- NDO Proceeds Auuroved June 2011 PART I: Type of Plan The Omaha - Council Bluffs Metropolitan Area Planning Agency (MAPA) NDO Regional Revolving Loan Fund (NDO Fund) must be used within one of the three Nebraska counties in the MAPA service areas. Those counties include Douglas County, Sarpy County, and Washington County, Nebraska. PART : Goals and Objectives of the Plan 1. To provide financing for existing businesses that cannot obtain sufficient conventional financing. 2. To provide financing for start -up businesses in order to attract new businesses within the NDO Fund service area. 3. To create and retain jobs principally for low - moderate income persons. 4. To diversify the local economy by assisting businesses which are not presently in the area, 5. To encourage the redevelopment of vacant or blighted buildings and land. 6. To promote entrepreneurship and new business development. 7. To stop leakage of dollars from leaving the NDO service area. 8. To provide necessary public infrastructure to businesses. 9. To assist businesses with job training costs for new employees or to upgrade skills of existing employees. PART III: Elements of the Plan A. Eligible Businesses Types of businesses eligible for project assistance through the NDO Reuse Plan include: 1. Manufacturing 2. Warehousing and Distribution 3. Administrative Management Headquarters 4. Research and Development in support of existing local businesses, or general research and development in the industry sectors of manufacturing, food processing/packaging, defense /aerospace service, bio- medicine, transportation/distribution, value -added agri- business, information technology, and renewable energy. 5. Transportation, retail, service, and tourism for profit and non - profit ventures. B. Eligible Activities Activities for which .loan funds may be used shall be limited to: 1. Acquisition of land and buildings; 2. Construction or renovation of real estate, either leased or owned; 3. Acquisition of machinery, equipment, property, or services; 4. Working capital; 5. Equity investment; 6. Public infrastructure necessary to accommodate businesses; and 7. Other project activities supporting regional economic development as approved by the MAPA Foundation Board of Directors. / I r C Types and Amounts of Assistance Assistance shall only be provided when other sources of funds under like Otherwise available. Funds will be provided in the least amount necessary w terms are not other sources and in accordance with all other restrictions in this hen used with project feasible. contained plan to make the The amount of assistance for any single application shall not exceed the available or expected to be available to the MAPA NDO RLF at the time of a amount of funds application; provided that the MAPA NDO RLF shall only F obligated for approval of the available on the date of the approval, efunds actually For direct Ioans involving bank participation, no application sha1I Provide Percent (40 %) of the cost of fixed assets to be purchased and/or working capital han forty "'terirrz financing (required by the project). Micro loan applications u including Y provide 100 /o bank participation may o $35,000 with no of the funds needed to an applicant must provide equity p to p successfully complete th project. In either case, to participate, injection and evidence of the ability The minimum participation amounts shall be equal to ten percent (10 ) of t cost for projects including expansion of an existing business {existing at least three he total project or twenty percent (20 of the total project cost of a start -up business to be c(3) years) existing Iess than three 3 ( created or () years). The application shall state the proposed terms of the loan. However, the MAPA Foundation Board of Directors reserves the. right t amount, the interest rate and the term of the loan with the applicant, g o negotiate the Cities and counties may be eligible to receive funds for infrastructure for development plan or project, provided that such a project an economic forth in section II ofthis plan, satisfies the oa Such forms of assistance will be stzubtured as goals objectives set which an eligible applicant will be given a deferral per f defezx ed Ioans, in repayments. The total term of an infrastructure o o up to five b loan, including repayment deferral ztiating shall not exceed ten years. period, Terms of the loan are dependent upon the type of financing provided and in n term exceed useful life of assets finances. Standards for terms shall be; o case shall the Working capital- up to three (3) years. Machinery and equipment - u p to seven 7 Infrastructure- u to ten ( 0) ()years; Land and buildings - up to fifteen (15 ) d ears It should be noted that the above guidelines are established as a reference st be amended or waived on a case -by -case basis, depenent upon the impact the and may have on the economy, d p he business may Applicants will be notified in writing as to their acceptance or denial to the Program. MAPA NDO RGF All applicants of approved projects shall provide adequate assurances that the project will be started and completed. Security for loans will include and are not limited to apromissory note, mortgage or deed of trust, security agreement, assignment of life insurance, and personal and /or corporate guarantees as appropriate. PART IV: Administration of the Plan A. Application Process and forms 1. Application Businesses will be able to obtain applications from: Metropolitan Area Planning Agency 2222 Curving, Omaha, NE 68102 -4328 Or via the agency website; http: / /www.jnat)acog_org 2. Review MAPA will utilize the MAPA Business Assistance Revolving Loan Fund Loan Review Committee as its advisory board. MAPA staff will be charged with daily management of the program and funded projects. Upon receipt of an application, staff shall: a. Meet with the applicant if necessary; b. Request additional information necessary to complete an application; c. Issue project recommendations to the Loan Review Committee; d. Suggest revisions to the application and project loan terms as appropriate; and, e. Determine that application activities are eligible as required in the MAPA NDO Reuse Plan, and by any other applicable state and federal requirements, as needed. 3 , Determination Recommendations from the review committee shall be approved by the MAPA Foundation Board of Directors, who will ratify final terms and conditions of applications for assistance. PART V: Program fund and Repayments MAPA shall deposit all repayments from loans approved prior to and after the adoption of this plan and other program income into its revolving loan fund accounts. These accounts shall be interest bearing accounts. Monies in the MAPA RLF account shall be no larger than the amount insured by the FDIC, FSLIC or approved pledged securities. MAPA may also invest funds from the fund in securest instruments, as pr ovi leu oy IdW UIM 4a�i � c �,n vuA e4u a ++ be readily used for approved applications. PART VI: Conflict of Interest No member of the Board of Directors of the MAPA Foundation and no other official, employee, or agent of MAPA who exercises policy, decision - making functions or responsibilities in connection with the planning and implementation of the "A NDO RLF program shall directly or indirectly benefit from the program. PART VII: Grievance Procedures In the event a MAPA NDO RLF Program applicant feels he /she has been treated unfairly or 3 discriminated against during the process of selection of applicants, or within any other segment of the program, excluding the determination of eligibility to, secure "financing by other agencies, he /she may appeal the decision to the MAPA Board. ofDirectors for their consideration. The appeal must-be received in writing.by"Awithin ten (I O} working days of the dated written determination notification letter sent to the applicant.-The AWA Board of Directors will then support or overturn the action at their next scheduled rnonthly meeting. i Tho MAPA. NDO RLF Program applicaint may appeal in writing the decision of the MAPA Board of Directors to the Nebraska Department •of Economic Development, Appeals regarding permanent shall,be made to the proposed agency, financial institution, etc. in accordance with their procedures. PART VI11: Program Administration MAPA staff will administer the MAPA NDO Revolving Loan Fund, and charges for such services shall be paid for entirely, or in part with the funds provided by this plan, Fee for administrative setvic are hot to .exceed 7 %, plus - any loan origination costs. PART : Plan Amendments-. - MAPA may consider amendments to this Plan at anytime. MAPA staff, the MAPA 1tL Loma Review Committee, and any other persons as designated by MAPA, shall consider any proposed changes and make a reco_ mmendation to the MAPA Foundation Board of Directors for consideration. Changes shall be adopted by resolution and approved by the Nebraska Department of Economic Development. MAPA FOUNDATION APPROVAL This plan'is hereby approved by action of the Board of Directors of the MAPA"Foundation. ON MS 30 DAY OF R NE', 2411 Clare Duda,•Bo rd'Chairman . NEBRASKA DEPARTMENT OF ECONOMIC DEVELOPMENT APPROVAL The MAPA RL. F Plan is hereby approved by the Nebraska Department'of Economic Development ON THIS -DAY o , 2011 .. - NDED Representative i