12-15-2021 ECWSA RESOLUTION REGARDING 2017 BOND REFINANCING NO 20221215

 

EVANS CITY WATER AND SEWER AUTHORITY

____________________

RESOLUTION 20221215

____________________

A RESOLUTION

OF THE BOARD OF THIS AUTHORITY DETERMINING PRELIMINARILY TO AUTHORIZE THE ISSUANCE OF GUARANTEED SEWER REVENUE BONDS TO PROVIDE FUNDS FOR REFUNDING THIS AUTHORITY’S OUTSTANDING GUARANTEED WATER AND SEWER REVENUE BONDS, SERIES OF 2017 FOR DEBT SERVICE SAVINGS, AND  PAYING THE COSTS AND EXPENSES OF ISSUING THE BONDS; APPOINTING A FINANCIAL ADVISOR AND BOND COUNSEL; AND AUTHORIZING PROPER OFFICERS OF THIS AUTHORITY, THE SOLICITOR, BOND COUNSEL, AND FINANCIAL ADVISOR TO TAKE CERTAIN ACTION.

____________________

WHEREAS, the Board of this Authority has determined to authorize the sale, issuance, and delivery of one or more series of Guaranteed Water and Sewer Revenue Bonds of the Authority (the “Bonds”), for the purpose of providing funds for debt service savings of this Authority; and

WHEREAS, in contemplation of the sale, issuance and delivery of the Bonds, desires to authorize certain action.

NOW, THEREFORE, BE IT RESOLVED by the Board of this Authority as follows:

Section 1.        PFM Financial Advisors LLC, of Harrisburg, Pennsylvania (the “Financial Advisor”) is hereby appointed to serve as financial advisor to this Authority in connection with the issuance of the Bonds.

Section 2.        Eckert Seamans Cherin & Mellott, LLC, of Harrisburg, Pennsylvania (“Bond Counsel”), is hereby appointed to serve as bond counsel to this Authority in connection with the preparation of a resolution and related documents for the issuance of the Bonds.

Section 3.        Bond Counsel is hereby directed to proceed promptly to prepare the form of the resolution to be adopted by the Board of this Authority authorizing the issuance of the Bonds and all actions related thereto, and to undertake such action as shall be necessary and appropriate, including preparing all required legal documentation and rendering the required legal opinions, for the issuance of the Bonds.

Section 4.        If applicable, the officers of this Authority are hereby authorized and directed to assist the Financial Advisor in the preparation of a Preliminary Official Statement with respect to the Bonds; and the use and distribution of a Preliminary Official Statement is hereby authorized, in such form and with such content as shall be reviewed by and as shall be acceptable to the Chairman or Vice Chairman of this Authority, the Solicitor of this Authority, and Bond Counsel.

Section 5.        The Financial Advisor is hereby requested and authorized to prepare all necessary and required offering documentation and information regarding the Authority and to take all appropriate actions necessary in connection with the issuance of the Bonds.

Section 6.        The officers of the Board of this Authority, the administrative officers of this Authority, the Solicitor of this Authority, the Financial Advisor, and Bond Counsel are hereby authorized and directed to do such other things on behalf of this Authority as may be necessary and appropriate to implement the intent and purposes of this Resolution.

CERTIFICATE

I, the undersigned, Secretary of the Board of the Evans City Water and Sewer Authority (the “Authority”), certify that the foregoing Resolution was adopted by majority vote of the entire Board of the Authority at a meeting convened and held according to law on December 15, 2021; said Resolution was adopted by an aye and nay vote; said Resolution and the vote thereon has been recorded in the minutes of said meeting; and said Resolution has not been altered, modified, amended, or repealed as of the date of this Certificate.

I further certify that the Board of this Authority met the advance notice requirements of the Sunshine Act, 65 Pa.C.S. §701 et seq., by advertising the time and place of said meeting, by posting prominently a notice of said meeting at the administrative office of the Authority or at the public building in which said meeting was held, and by providing a reasonable opportunity for public comment at such meeting prior to adoption of said Resolution, all as required by such Act.

IN WITNESS WHEREOF, I affix my hand and the official seal of the Authority, this 15th day of December, 2021.

 

 

 

EVANS CITY WATER AND SEWER AUTHORITY RESOLUTION NO. 20200624B-W

RESOLUTION OF THE

EVANS CITY WATER AND SEWER AUTHORITY

RESOLUTION NO. 20200624B-W

AUTHORIZING THE ADOPTION OF SUFFICIENT WATER RATES AND PROVIDING FOR THE IMPLEMENTATION THEREOF NO LATER THAN THREE MONTHS BEFORE THE SCHEDULED AMORTIZATION DATE AS DEFINED AT SETTLEMENT ON THE AUTHORITY’S $1,960,000.00 maximum principal amount FUNDING ARRANGEMENT WITH THE PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY (LOAN ME NO. 12766).

WHEREAS, the Evans City Water and Sewer Authority, Butler County (the “Authority”), created and existing under the laws of the Commonwealth of Pennsylvania, has determined that it is necessary and in the best interests of the Authority to undertake a capital project to improve the water system facilities (the “System”) that are managed by the Authority, consisting of the replacement of approximately 4,960 linear feet of waterline, 55 service lines, and eight fire hydrants to address water loss and ensure reliability of the system in the main project area, along with the replacement of approximately 18 inoperable valves and fire hydrants in the existing system.

WHEREAS, in order to finance the cost of the Project, the Authority intends to secure a loan from the Pennsylvania Infrastructure Investment Authority in the maximum principal amount of $1,960,000.00 to be evidenced by a debt obligation (the “Debt Obligation”); and

WHEREAS, the Authority desires to adopt this Resolution to evidence its intent to adopt residential rates for the System that, will produce revenues sufficient to cover all of its operational and maintenance costs and the debt service on the Debt Obligation.  The future estimated monthly rates are shown in the following table:

Estimated Rates
	In Borough	Out of Borough
Customer Charge (per month)	$8.35	$8.35
Per EDU (per month)	$26.69	$35.02
Volume Rate for 0-50,000 gallon usage (per 1,000 gallons)	$8.82	$8.82
Volume Rate for 50,000+ gallon usage (per 1,000 gallons)	$9.39	$9.39

NOW, THEREFORE, BE IT RESOLVED, that the Authority shall institute rates for the System, and provide for the implementation thereof, no later than three months before the earlier of: a) the Scheduled Amortization Date of September 1, 2021 or b) the first day of the first calendar month following the completion of all actions required to complete construction of the Project, as defined under Paragraph D. 1. of the Funding Agreement, at the rates shown in the table above, to produce revenues from the operation of the System sufficient to cover all operational and maintenance costs and the debt service on the Debt Obligation. For purposes hereof, “Scheduled Amortization Date” means the date on which the Authority shall initiate principal and interest payments on the Debt Obligation, September 1, 2021.

DULY ADOPTED, this 24^th day of June, 2020 by the Evans City Water and Sewer Authority, Butler County, in lawful session duly assembled.

ATTEST:

_____________________________                          ________________________________ Secretary                                                                Chairman

           

                       

(SEAL)

RESOLUTION OF EVANS CITY WATER AND SEWER AUTHORITY RESOLUTION NO. ­­­­­­­­­­­­­20200624A-W

RESOLUTION OF EVANS CITY WATER AND SEWER AUTHORITY

RESOLUTION NO. ­­­­­­­­­­­­­20200624A-W

DECLARATION OF OFFICIAL INTENT TO REIMBURSE GENERAL FUNDS USED TO CONSTRUCT IMPROVEMENTS TO ITS DRINKING WATER SYSTEM WITH FUNDS RECEIVED FROM THE PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY

WHEREAS, the Evans City Water and Sewer Authority ("Funding Recipient") has determined that construction of improvements to the drinking water system located in Evans City Borough and Forward Township, Butler County, Pennsylvania (the “Project”), are necessary; and

WHEREAS, in order to finance the costs of the Project, the Funding Recipient has issued or intends to issue its Debt Obligation to the Pennsylvania Infrastructure Investment Authority (“PENNVEST”) in the maximum principal amount of $1,960,000.00 (the “PENNVEST Debt Obligation”).

WHEREAS, Funding Recipient intends to pay Project costs, on an interim basis, using its General Funds until the proceeds of the PENNVEST Debt Obligation are received;

NOW, THEREFORE, the Funding Recipient hereby declares as follows:

Pursuant to federal requirements set forth at 26 C.F.R. § 1.150-2, the Funding Recipient officially intends to reimburse its General Funds for Project costs incurred by the Funding Recipient with the proceeds of the PENNVEST Debt Obligation up to the maximum principal amount of $1,960,000.00. 

ATTEST:

_____________________________                          ________________________________

Secretary                                                                     Ed Tanski, Chairman

                                                                                                                                   

(SEAL)

DATE:________________________

EVANS CITY WATER AND SEWER AUTHORITY - LOAN NUMBER 12766 RESOLUTION TO BORROW RESOLUTION NO. 20200624-W

          EVANS CITY WATER AND SEWER AUTHORITY - LOAN NUMBER 12766

                                                    RESOLUTION TO BORROW

RESOLUTION NO. 20200624-W

AUTHORIZING THE SECURING OF FUNDING FROM THE PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY ("PENNVEST") IN the maximum principal amount of $1,960,000.00 FOR THE PURPOSE OF PROVIDING FUNDS TO FINANCE THE COST OF THE REHABILITATION OF THE drinking water system OF THE FUNDING RECIPIENT, TO PAY COSTS AND EXPENSES OF SECURING SUCH FUNDING; AUTHORIZING THE EXECUTION AND DELIVERY OF A PLEDGE OF THE GROSS REVENUES AND RECEIPTS; APPROVING THE FORM, TERMS AND CONDITIONS OF THE FUNDING DOCUMENTS; AUTHORIZING THE EXECUTION OF THE FUNDING DOCUMENTS AND PROVIDING FOR THE AUTHENTICATION AND DELIVERY THEREOF; AND AUTHORIZING THE DISPOSITION OF THE FUNDING PROCEEDS RECEIVED OR TO BE RECEIVED FROM PENNVEST.

WHEREAS, the Evans City Water and Sewer Authority, created and existing under the laws of the Commonwealth of Pennsylvania, has determined that it is necessary and in its best interests to rehabilitate the drinking water system (the "Project") by replacing certain aging infrastructure with a new water system to reduce line breaks, leaks, and unaccounted for water (the “System”); and

WHEREAS, in order to finance the cost of the Project, the Evans City Water and Sewer Authority intends to secure a loan in the maximum principal amount of $1,960,000.00, from PENNVEST to be evidenced by a debt obligation (the "Debt Obligation"), secured by a pledge of the gross receipts and revenues of the Evans City Water and Sewer Authority (the “Project Collateral”) and other agreements granting and creating security interests, all as more particularly set forth in the funding agreement between the Evans City Water and Sewer Authority and PENNVEST (the "Funding Agreement") and the funding offer from PENNVEST dated April 22, 2020 (the Debt Obligation, Project Collateral, other security agreements, funding offer, the Funding Agreement and all other agreements, documents, certificates and instruments described in or contemplated by the Funding Agreement are collectively referred to as the "Funding Documents"); and

WHEREAS, the Evans City Water and Sewer Authority desires and intends to take all necessary and proper actions and to execute all documents required by PENNVEST to be executed to obtain the PENNVEST Funding and assure its proper repayment.

NOW, THEREFORE, the Evans City Water and Sewer Authority hereby resolves as follows:

Section 1.  For the purpose of providing funds to finance the cost of the Project and to pay costs and expenses in connection with the PENNVEST Funding, the Evans City Water and Sewer Authority hereby authorizes the execution of all Funding Documents and the taking of all actions necessary and required by PENNVEST to obtain the PENNVEST Funding in the maximum principal amount of $1,960,000.00 pursuant to the provisions of the Funding Documents.

Section 2.  The PENNVEST Funding shall be secured by the Funding Documents from the Evans City Water and Sewer Authority to PENNVEST, and to the extent and in the manner therein set forth, the Project Collateral and other agreements granting and creating certain security interests in favor of PENNVEST, as well as a pledge of all other revenues and receipts of the Evans City Water and Sewer Authority for the payment of costs of the Evans City Water and Sewer Authority, and for the payment of principal of, and interest on, the Debt Obligation.  In addition, the Evans City Water and Sewer Authority shall accept the Debt Obligation as a special revenue obligation and pledge its water revenues toward the repayment of the Debt Obligation.

Section 3.  The form, terms and conditions of the Funding Documents prepared by counsel for the Evans City Water and Sewer Authority and PENNVEST, to be substantially in the form as submitted to this meeting are hereby approved.  The Chairman of the Evans City Water and Sewer Authority is hereby authorized to execute the Funding Documents in such form on behalf of the Evans City Water and Sewer Authority, subject to such changes and modifications, if any, as may be approved by such Chairman, the execution of the Funding Documents to be conclusive evidence of such approval, and the Secretary is hereby authorized to cause the corporate seal of the Evans City Water and Sewer Authority to be affixed thereto and to attest the same.  The Chairman of the Evans City Water and Sewer Authority is further authorized to acknowledge the same on behalf of the Evans City Water and Sewer Authority and to deliver said Funding Documents to PENNVEST.

Section 4.  The PENNVEST Funding shall be repaid in the amounts and on certain dates, all as set forth in the Funding Documents as submitted to this meeting. The PENNVEST Funding is also subject to early repayment as provided in the Funding Documents.

Section 5.  The application for the PENNVEST Funding ("Application") in the form submitted at this meeting is hereby approved with such subsequent, necessary and appropriate variations, omissions and insertions, if any, as may be approved by the Chairman of the Evans City Water and Sewer Authority, and the Chairman is hereby authorized to sign said Application, amended as aforesaid, on behalf of the Evans City Water and Sewer Authority. The review of the Application and any amendments by PENNVEST, as well as any investigation required by PENNVEST in connection with the PENNVEST Funding, are hereby authorized.

Section 6.  Upon receipt, the proceeds from the PENNVEST Funding authorized to be secured in this Resolution, shall be applied by the Evans City Water and Sewer Authority under the terms and conditions set forth in the Funding Documents.

Section 7.  The proper officers of the Evans City Water and Sewer Authority are hereby authorized, empowered and directed on behalf of the Evans City Water and Sewer Authority to execute any and all papers and documents to do and cause to be done any and all acts and things necessary or proper for the execution or carrying out of this Resolution, of the Funding Documents and in the Application and securing of the PENNVEST Funding.

Section 8.  All resolutions or parts of resolutions inconsistent herewith shall be, and the same are, hereby rescinded, cancelled and annulled.

ATTEST:                                                                    Evans City Water and Sewer Authority

______________________________                        ______________________________ 

                                                                                    Ed Tanski, Chairman

(SEAL)

ECWSA RESOLUTION NO. 20190327 - WATER SERVICE METER AMENDMENT TO WATER RULES & REGUALTIONS

AMENDMENT TO EVANS CITY WATER AND SEWER AUTHORITY

WATER RULES AND REGULATIONS

ARTICLE IX. WATER SERVICE METER

RESOLUTION NO. 20190327

Evans City Water and Sewer Authority Water Rules and Regulations, Article IX. Water Service Meter, are amended to add the following Section 9.11 regarding malfunctioning meters:

SECTION 9.11:         Malfunctioning Meters

The Authority shall have the right to inspect meters to assure that it is operating properly.  In the case of suspected malfunctioning water meters, the Authority will notify the property owner by certified mail of the suspected malfunctioning meter and it shall be the property owner’s duty to contact the Authority to schedule an appointment for meter inspection and/or replacement within two (2) weeks of the date of the notice.  An adult must be present at the property at the time of the inspection.

If an appointment has not been scheduled by the property owner, a second notice will be mailed and/or posted at the property indicating that the water will be turned off if an appointment is not made within five (5) days of the second notice.

If the property owner does not schedule an appointment after notice or does not appear at the time of the appointment, water service may immediately be terminated.  In such case, the property owner will be responsible for all fees and costs including penalty charges, incurred in the termination of service.

The property owner shall have full responsibility for the installation, repair, replacement, and maintenance of all service pipes.  The Authority shall not be responsible for leaks which occur on any portion of the customer’s service line due to the Authority performing water meter replacement or any other work as part of providing water service.

ENACTED BY THIS RESOLUTION DULY VOTED ON AND APPROVED this 27^th day of March 2019.

ECWSA RESOLUTION 20181219-W - RESOLUTION ON BILLING AND COLLECTION PROCEDURES FOR THE WATER SYSTEM

EVANS CITY WATER AND SEWER AUTHORITY RESOLUTION

ON BILLING AND COLLECTION PROCEDURES

FOR THE WATER SYSTEM

RESOLUTION NO. 20181219-W

WHEREAS, Evans City Water and Sewer Authority ("ECWSA"), by Resolution No.

2018219-W approved and adopted Sanitary Sewer Rules and Regulations on _December 19^th, 2018; and

WHEREAS, the following billing and collection procedures are adopted by the Authority in furtherance of the purposes of Resolution 20181219-W

NOW THEREFORE, be it resolved, that the Evans City Water and Sewer Authority hereby adopt the following billing and collection procedures:

The following provisions supplement the Rules and Regulations aforesaid:

SECTION 6.06:       Billing and Collection Procedures

6.06.01             Billing and Payment

Bills and notices relating to the Water System shall be mailed and delivered to the property   Owner's address, or, where proper arrangements have been made with the Authority, to the  property Owner's last address as shown on the billing books of the Authority and shall be due and payable on their stated due dates.

Bills may be paid in person at the Authority's office during regular business hours, by mail, by drop-off box at the Authority's office, or through the Authority's online payment program.

6.06.02             Meter Reading, Estimated Billing

The Authority will make regular Meter readings monthly, bi-monthly or quarterly.  Bills will be rendered as soon as practicable after the reading of the Meters.

When a property has been equipped with a Meter, but an accurate Meter reading cannot be obtained for any reason other than the conditions described in Section 6.07.03 of these Rules and Regulations, the quantity of water used will be estimated for billing purposes. Estimated usage will be based upon actual Meter readings from prior cycles or by such other fair and reasonable methods as may be established by the Authority.  Any necessary corrections shall be made in the next billing period following an actual Meter reading.

6.06.03             Replacement of Meters

In the event a Meter malfunctions or fails to provide an accurate reading due to faulty and improperly functioning mechanisms, and is in no part due to any negligent actions by the property Owner, a new Meter must be secured from the Authority and installed at no expense to the property Owner.

Where a Meter malfunctions or fails to provide an accurate reading due to the failure to maintain connected plumbing or is stolen, vandalized, or damaged by abuse or through neglect, a new Meter must be secured from the Authority and installed at the expense of the property Owner. During the period in which the Meter malfunctions or is absent under this scenario, the Authority shall assess double the sewage rental/rates/charges as set forth in Section 6.03 of these Rules and Regulations.  The assessment shall continue until a Meter of a size, type, and setting is approved by the Authority and is installed and operating properly.  All work related to the replacement of the Meter pursuant to this paragraph shall be done at the expense of the property Owner.

6.06.04             Liens, Penalty and Interest

All Tapping Fees, Reservation of Capacity Fees, Water System rentals/rates/charges, and any other amounts and penalties levied by these Rules and Regulations shall be considered a debt due to the Authority and shall be a lien on the property served.

If any current water and sewer bills are not paid in full by their due dates, a penalty of ten percent (10%) of the current charge will be added to such bills.   If not paid within thirty (30) days after the due date, the invoice, plus penalty, shall bear interest at one and one- half percent (1.5%) per month.

The costs of removal, closing or shutting off of services, as well as the expenses of restoring any such services, as further discussed under Section 6.07.06, shall likewise be a debt due to the Authority and a lien on the property served which may be recovered through legal proceedings.  A delinquent property Owner shall be liable for all costs and attorneys' fees as incurred by the Authority in the event such legal proceeding occurs.

6.06.05             Payment Arrangements

Owners whose accounts are not more than sixty (60) days in arrears are encouraged to enter into payment arrangements with the Authority.  Such arrangements will apportion the amount in arrears over a period of time, adding an amount to the sums billed for current services.   Eligibility and the amount of payments shall be determined on a case by case basis, weighing several factors such as: Owner's payment history; amount and duration on the account's arrearage; and the classification of property - Residential, Nonresidential, Commercial, or Industrial.

Owners who enter into payment arrangements and thereafter comply with the terms of that arrangement will not be subject to the termination of services or further collection proceedings.

Upon breach of a payment plan arrangement, the Authority shall not be authorized to accept any further payment plans in order to avoid termination and shall only be authorized to accept payment in full of all outstanding balances, including current charges, penalties, and interest.

6.06.06             Collection of Delinquent Accounts; Termination of Service by the

Authority as a result of Nonpayment

Any account with charges more than ten (10) days past due will be sent a reminder notice, which shall contain:.

A.      the Owner's account number;

B.         the total amount due an outstanding;
C.             a request to pay immediately;

D.         the address of the delinquent Billing Unit;

E.          warning that failure to pay will lead to legal steps being taken against the

Owner that may result in the termination of water and sewer services;

F.           notification that unpaid water and sewer charges are a lien against the Owner's property; and

G.                     a statement that payment arrangement plans may be made available and a contact telephone number and/or e-mail address for further information.

If any water and/or sewer bill remains unpaid fifty (50) days after the invoice has been delivered, and if no payment arrangement has been made by the Owner, the Authority will initiate collection activity and serve a notice of termination on the Owner's premises.  This notice shall state that the delinquent payment must be made, in full, by cash, certified check, money order, or online payment program within three (3) business days, otherwise service will be terminated.  Service will not be reinstated until full payment of all delinquent charges, current charges, costs of terminating and/or restoring services, and associated fees have been paid in full.

The failure of an Owner to take action under this section shall result in the termination of services, provided that the Authority has complied with the provisions set forth above,

and provided that such termination of services shall not be performed on a Friday, Saturday, Sunday, bank holiday, day before bank holiday, any holiday observed by the Authority or the day before any holiday observed by the Authority.  All costs and fees incurred by the Authority in connection with a service's termination and/or reinstatement shall be the responsibility of the Owner.

In the event an Owner fails to pay any debts due to the Authority as mandated under these Rules and Regulations, the Authority shall be authorized to remove, close, or shut off the sewage connection.  The Authority shall also have the right to enter upon the Owner's property being serviced for such purposes and to take any steps as may be necessary to accomplish such removal, closing or shutting off of services.

6.06.07             Liability for Payment of Invoices

All invoices for Water System services, including current and late charges, penalties, and interest, shall be the personal responsibility of the Owner who has applied for the service.

In cases in which the customer who has applied for services is not the Owner of the property, the Owner must fully understand that he, nevertheless, remains responsible for the mentioned invoices, regardless of where or to whom the invoices are sent.  Should the Owner desire that the Authority conduct business directly with the customer who has applied for services on the property, the Owner and customer must sign a form reflecting that the customer shall be responsible for the invoices and further requesting that the Authority bill the customer.

The Authority shall notify both Owner and customer of an account with charges more than ten (10) days past due and will provide such notification pursuant to Section 6.07.06 of these Rules and Regulations.  For purposes herein, a customer's invoice shall be become overdue the day following the due date shown on the original charge for the services provided.

ENACTED  BY THIS RESOLUTION  DULY VOTED ON AND APPROVED  this

 19th day of  December 2018.

EVANS CITY WATER AND SEWER AUTHORITY

By:                                                      

            Edward Tanski, Chairman

ATTEST:

                                                           

Timothy Green, Secretary

(SEAL)