R2018-110 Resolution Authorizing Interfund Loan Between Various City Funds

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ACKNOWLEDGMENT AND CONSENT CERTIFICATE I, the undersigned, an authorized officer as hereinbelow indicated, of the Illinois Environmental Protection Agency ("IEPA"), do hereby certify that the State of Illinois, acting through the IEPA (hereinafter referred to as the "State"), has entered into certain loan agreements (1,17-1674 and L17-2552) in the aggregate original loan amount of $16,616,878 (collectively, the "IEPA Loans") with the City of Decatur, Macon County, Illinois (the "City"), and do hereby acknowledge as follows: 1. On August 15, 2013, the City issued a $17,212,394 Promissory Note, Series 2013 (the "Note"), under an ordinance (the "Note Ordinance") adopted by the Council of the City (the "Corporate Authorities")on August 5, 2013. 2. The undersigned has reviewed the Note Ordinance and has made such inquiries and received such further information as it has deemed appropriate for purposes of this Certificate. 3. The Note is payable from the net revenues of the waterworks system of the City(the "System")on a parity with the IEPA Loans. 4. The Note Ordinance requires that all revenues of the System be deposited to the Waterworks Fund of the City, for further credit to accounts of such Fund in the following order of priority: (1) Operation and Maintenance Account, (2) Bond and Interest Account [which secures both the Note and the IEPA Loans],and(3)Depreciation Account. 5. The Note Ordinance further provides that all moneys remaining in the Waterworks Fund, after crediting required amounts to the accounts listed in paragraph 4 of this Certificate, and after making up any deficiency in such accounts, must be credited to the Surplus Account, such moneys be used, first, to make up any subsequent deficiencies in any of such accounts; and then, at the discretion of Corporate Authorities, for one or more specifically enumerated purposes, including, for any lawful System purpose. 6. Based solely on representations of the City, (i)as of the date hereof, the balance to the credit of the Surplus Account is not less than $22,921,000 and (ii) the Corporate Authorities have determined that it is necessary and desirable to finance an energy savings initiative in and for the City(the "Project") with an interfund loan of not more than $2,000,000 from the Surplus Account of the Waterworks Fund of the City to the General Fund of the City, such interfund loan being subject to receipt of this Certificate and a similar acknowledgment and consent of the beneficial owner of the Note. The undersigned hereby certifies as follows: 1. The undersigned officer is duty authorized to make the representations and give this consent herein and to execute this Certificate. Cenificate2(002).docx 2210482