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US Environmental Protection Agency OMB Control No. 2040-0292 <br /> WIFIA Program EPA Form No. 6100-032 <br /> Application Approval expires XX/XX/XXXX <br />____________________________________________________________________________________ <br />9 <br />Section B: Applicant Background <br />1.Describe the authorizing actions required by the applicant in order to enter into a loan agreement <br />with the WIFIA program (e.g., board vote, local vote, ordinance). <br />The Diversion Authority was created pursuant to a Joint Powers Agreement (“JPA”), dated June <br />1, 2016. The Diversion Authority is a North Dakota political subdivision and has five Member <br />Entities, which are: (i) the City of Fargo, ND; (ii) Cass County, ND; (iii) Cass County Joint Water <br />Resource District (CCJWRD); (iv) the City of Moorhead, MN; and (iv) Clay County, MN. Article XI <br />of the JPA allows for the member entities to issue Debt Obligations for the purpose of <br />constructing and acquiring the Comprehensive Project that will be owned and or operated <br />jointly or cooperatively by and through a joint powers agreement. As required by the JPA, the <br />specific terms of the Debt Obligations are to be set forth by written resolution adopted by theDiversion Authority, Member Entity, and/or Member Entities, issuing the Debt Obligation. <br />At the Diversion Authority Board meeting held on June 27, 2019, General Legal Counsel and P3 <br />Lead discussed financial assistance through the WIFIA program. Diversion Authority Board <br />Member Tony Grindberg moved to approve the submittal of the WIFIA Letter of Interest to the <br />EPA. Board Member Chad Peterson seconded to approve submittal of the WIFIA Letter of <br />Interest. On roll call vote, the motion carried unanimously. <br />At the Diversion Authority Board meeting held on October 31, 2019, General Legal Counsel and <br />P3 Lead informed the Board that the Diversion Authority was approved to apply for a WIFIA <br />Loan through the EPA. The Board was informed that the next step would be to submit an <br />application for the loan underwriting process, which involves a fee. Diversion Authority Board <br />Member Tony Grindberg moved to designate the WIFIA Loan underwriting fees of $500,000 to <br />be paid from flood sales and use tax dollars. Board Member Chad Peterson seconded to approve <br />the underwriting fees. On roll call vote, the motion carried unanimously. <br />At the November 21, 2019, Authority Board meeting, General Legal Counsel and P3 Lead <br />informed the Board that a resolution was needed to formalize the use of sales tax revenues. <br />Board Member Chad Peterson moved to adopt a Resolution Authorizing Submission of U.S. EPA <br />WIFIA Application and Use of Sales Tax Revenues for U.S. EPA WIFIA Loan Application Fees. <br />Board Member Rick Steen seconded the motion. On roll call vote, the motion carried <br />unanimously. <br />In the future, further Diversion Authority Board approval and resolution will be required to <br />authorize entering into a loan agreement with U.S. EPA WIFIA. <br />Please see attachments for a copy of the JPA, dated June 1, 2016. <br />2.Disclose any current, threatened, or pending litigation involving the applicant related to <br />permitting, public involvement, environmental irregularities, construction defects, securities <br />fraud, conflict of interest, failure to perform under a State or Federal contract, or other charges <br />which may reflect on the applicant’s financial position or ability to complete the project(s).