Laserfiche WebLink
Additionally, the Participant shall provide such other information requested or required of <br /> the Finance Authority or the Participant by the Agency. <br /> (g) Provide to the Finance Authority audited financial statements of the Participant <br /> inclusive of the activities of the Drinking Water System, commencing with financial <br /> statements for a calendar year period that ends not more than two (2) years after the date <br /> of this Agreement (and for each calendar year period that ends every two (2) years <br /> thereafter until the Loan has been repaid),which audit(i) shall have been performed by the <br /> Indiana State Board of Accounts or by an independent public accountant and (ii) shall be <br /> submitted to the Finance Authority no later than nine (9) months following the end of the <br /> calendar year period to which such audit pertains. <br /> (h) Continue to update, implement, and maintain an Asset Management Program <br /> (including a Fiscal Sustainability Plan)of the Participant that meets SRF Policy Guidelines <br /> including applicable requirements of the Wastewater SRF Act. The Participant <br /> acknowledges and agrees that its agreement to continue to update,implement,and maintain <br /> an Asset Management Program (including a Fiscal Sustainability Plan) as provided in this <br /> subsection was a condition of the Loan and that the Participant's Asset Management <br /> Program (including a Fiscal Sustainability Plan) was certified prior to the date of <br /> Participant's submission of its Preliminary Engineering Report. Over the term of the Loan, <br /> the Participant further agrees to continue to update, implement and maintain the <br /> Participant's Asset Management Program(including a Fiscal Sustainability Plan)to assure <br /> it has the financial, managerial, technical, and legal capability to operate and maintain its <br /> Treatment Works consistent with SRF Policy Guidelines including applicable <br /> requirements of the Wastewater SRF Act. <br /> (i) Provide notice to the Finance Authority under the circumstances contemplated, <br /> and undertake inspections as required, by SRF Policy Guidelines. <br /> (j) (1) Establish and maintain just and equitable rates and charges for the use of <br /> and the service rendered by the Drinking Water System, to be paid by the owner of each <br /> and every lot,parcel of real estate or building that is connected with and uses the Drinking <br /> Water System, or that in any way uses or is served by the Drinking Water System, (2) <br /> establish,adjust and maintain rates and charges at a level adequate to produce and maintain <br /> sufficient revenue (when determined including user and other charges, fees, income or <br /> revenues available to the Participant, provided that to the extent permitted by law System <br /> Development Charges shall be excluded when determining if such are sufficient)to provide <br /> for the proper Operation and Maintenance of the Drinking Water System, to comply with <br /> and satisfy all covenants contained herein and to pay all obligations of the Drinking Water <br /> System and of the Participant with respect thereto, and (3) if and to the extent Bonds are <br /> payable from property taxes, levy each year a special ad valorem tax upon all property <br /> located in the boundaries of the Participant, to pay all obligations of the Participant with <br /> respect thereto. <br /> (k) If the Bonds are payable from the revenues of the Drinking Water System, not <br /> borrow any money, enter into any contract or agreement or incur any other liabilities in <br /> connection with the Drinking Water System without the prior written consent of the <br /> Finance Authority if such undertaking would involve, commit or use the revenues of the <br /> Drinking Water System; provided that the Participant may authorize and issue additional <br /> obligations,payable out of the revenues of its Drinking Water System, ranking on a parity <br /> with the Bonds for the purpose of financing the cost of future additions, extensions and <br /> improvements to the Drinking Water System, or to refund obligations of the Drinking <br /> Water System, subject to the conditions, if any, in the Authorizing Instrument. <br /> (1) Comply with the Civil Rights Act of 1964, as amended, 42 U.S.C. <br /> Section 2000d et sec., the Age Discrimination Act, as amended, Public Law 94-135, <br /> Section 504 of the Rehabilitation Act of 1973, as amended (including Executive Orders <br /> 11914 and 11250), 29 U.S.C. Section 794, Section 13 of the Federal Water Pollution <br /> Control Act Amendments of 1972, Public Law 92-500, Executive Order 11246 regarding <br /> equal employment opportunity, and Executive Orders 11625 and 12138. <br /> B-11 <br />