Res 1942 - Business Assistance Loan ProgCOUNCIL BILL NO. 2792
RESOLUTION NO. 1942
A RESOLUTION ESTABLISHING A BUSINESS ASSISTANCE LOAN PROGRAM;
ADOPTING BUSINESS ASSISTANCE LOAN GUIDELINES; AND SETTING OUT
PROCEDURES FOR THE CONSIDERATION OF LOAN APPLICATIONS
WHEREAS, the City Council has established a Council Goal to promote
economic development; and
WHEREAS, in the late 1980's, Woodburn had an active Housing
Rehabilitation Program offering low or no interest loans and grants to residents of
the City with incomes below median income; and
WHEREAS, funding for the Housing Program came from the Community
Development Block Grant (CDBG) program that ended in 1999 when all monies
were loaned out; and
WHEREAS, through loan payoffs, the City currently has a Housing
Rehabilitation Fund of approximately $674,585. This income is divided into two
categories, restricted (program income) and unrestricted income, based on
contract requirements when the grants were originally awarded; and
WHEREAS, restricted income ($453,305) is income received from grant
years 1993 or later. This income is restricted in that the City is required to use this
income to continue a rehabilitation program; and
WHEREAS, unrestricted income is income from principal and interest on
loans made using CDBG funds prior to the grant year 1993. There is
approximately $221,280 of unrestricted income that could be used for any
purpose; and
WHEREAS, the City Council desires to establish a business assistance
program to use the funds for local businesses wishing to improve, retain and/or
create jobs, and businesses needing to improve their appearance and address
code violations; and
WHEREAS, the business must be located in Woodburn and the project
being financed must be located in Woodburn, and subject to loan criteria
established by the City Council; and
WHEREAS, a borrower may be either an established business or a start-up
venture opening within Woodburn; NOW, THEREFORE,
Page 1 - Council Bill No. 2792
Resolution No. 1942
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The Mid -Willamette Valley Council of Governments (COG) will
serve as loan officers and evaluate applications for loans. Upon the completion
of an application, COG staff will prepare a loan credit memo to the Woodburn
City Administrator that summarizes the findings and recommendations for
action.
Section 2. Upon review of a loan application, COG staff memo and
recommendations, the City Administrator shall provide written notice of his/her
decision on the application to COG who, if approved, will then prepare closing
documents and execute the closing of the loan.
Section 3. All loan applications are subject to the City of Woodburn
Business Loan Program Guidelines, which are attached hereto as Exhibit "A" and
are incorporated herein.
Section 4. The COG shall maintain a segregated account for Woodburn
loan funds as they are repaid, and provide a full financial status report to the
City Administrator whenever requested, but at least once annually.
Section 5. Borrowers will be assessed a loan fee of 1.5% of the loan
amount upon closing of a loan. Borrowers will also be assessed an advance fee
of $150 after an initial consultation with a loan officer, but before a complete
loan application is evaluated. The advance fee is non-refundable, but it will be
credited towards the 1.5% loan closing fee if the loan is approved. The advance
fee and closing fee are intended to compensate the COG for loan application
review and research costs, and for such third party expenses as credit reports
and lien searches. In the event that an appraisal or title insurance is required for
a loan, those costs shall be borne by the borrower.
Section 6. The COG shall receive and account for all loan repayments
and provide such servicing assistance as monitoring loan conditions or
requirements, assisting borrowers with changes to loan agreements or loan
collateral, and monitoring timely repayment. Any legal actions that may be
required to collect a loan will be referred to the City Attorney.
Section 7. The COG shall be entitled to assess an annual servicing fee of
1% of the total outstanding balance of the loan fund after each twelve month
period, up to a maximum of $1,200 per year.
Section 8. The COG lending staff will also refer applicants to other small
business resources such as those offered by Chemeketa Community College,
Page 1 - Council Bill No. 2792
Resolution No. 1942
the Oregon Economic and Community Development Department, and other
federal and state lending programs.
Approved as to form:
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary T nant City Recorder
City of Woodburn, Oregon
Page 1 - Council Bill No. 2792
Resolution No. 1942
J u 1 y
1\3,....2009
July
15, 2009
July
15, 2009
July
15, 2009
CITY OF WOODBURN
BUSINESS LOAN PROGRAM GUIDELINES
Program Goals
1) To help Woodburn businesses create or retain jobs.
2) To help Woodburn businesses improve their appearance and address code violations.
Minimum Eligibility Criteria for Borrowers
1) The business must be located in Woodburn, and the project being financed must be
located in Woodburn.
2) A borrower may be either an established business or a start-up venture.
Elip,ible Projects and Activities
1) Acquisition of real property for business purposes.
2) Acquisition of equipment, machinery, furniture, fixtures, remodeling and leasehold
improvements.
3) Employee training or other start-up costs required by a business expansion or start-up.
4) Working capital - as long as it is within the context of a larger project and does not
exceed 25% of a project.
Ineligible Proiects and Activities
1) Activities not permitted under Oregon or City laws.
2) Refinancing of existing debt.
Financing Policies and Loan Standards
1) All loan applicants must be able to demonstrate repayment ability, and provide a
minimum of 100% collateral coverage for security. Repayment ability and adequacy of
security will be evaluated, using customary commercial lending standards and practices.
2) Interest rates may vary from a minimum of 3% to a maximum rate of 2% over the rate
for a 10 year US Treasury bond.
3) Interest rates will normally be fixed for the entire term of the loan.
4) Loan terms will not exceed 3 years for working capital; up to seven years for equipment
but not to exceed the useful life of the equipment; the length of the lease term for
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leasehold improvements; and 15 years for real estate. Security for Woodburn loans may
be subordinate to the collateral security interests of participating private lenders.
5) A City loan may not exceed 50% of the total cost of a project proposed for financing. An
amount at least equal to the City loan must come from private sources, such as borrower
cash or a bank loan.
6) There will be no pre -payment penalties for early repayment of City loans.
7) The maximum loan size will normally be $50,000. The City Administrator may authorize a
larger loan only when such a loan is judged to have significant City-wide economic
impact. (JIM —LOOK AT THIS LANGUAGE)
8) Projects proposed for financing that will result in the creation of new jobs, with wages
that exceed the Marion County average, will receive a higher priority than proposals that
do not achieve such employment.
9) Projects that utilize a City loan to leverage greater than the minimum required levels of
financial participation from other sources, will also receive a higher priority.
Program Management Policies
1) Lending staff from the Mid -Willamette Valley Council of Governments (COG) will serve
as loan officers and evaluate applications for loans. Upon the completion of an
application, COG staff will prepare a loan credit memo to the Woodburn City
Administrator that summarizes the findings and recommendations for action.
2) Upon review of a loan application and COG staff memo and recommendations, the City
Administrator shall provide written notice of his decision on the application to COG who,
if approved, will then prepare closing documents and execute the closing of the loan.
3) The COG shall maintain a segregated account for Woodburn loan funds as they are
repaid and provide a full financial status report to the City Administrator whenever
requested but at least once annually.
4) Borrowers will be assessed a loan fee of 1.5% of the loan amount upon closing of a loan.
Borrowers will also be assessed an advance fee of $150 after an initial consultation with
a loan officer but before a complete loan application is evaluated. The advance fee is
non-refundable but it will be credited towards the 1.5% loan closing fee if the loan is
approved. The advance fee and closing fee are intended to compensate COG for loan
application review and research costs and for such third party expenses as credit reports
and lien searches. In the event that an appraisal or title insurance is required for a loan,
those costs shall be borne by the borrower.
5) The COG shall receive and account for all loan repayments and provide such servicing
assistance as monitoring loan conditions or requirements, assisting borrowers with
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changes to loan agreements or loan collateral, and monitoring timely repayment. Any
legal actions that may be required to collect a loan will be referred to the City Attorney.
6) The COG shall be entitled to assess an annual servicing fee of 1% of the total outstanding
balance of the loan fund after each twelve month period up to a maximum of $1,200 per
year.
7) COG lending staff will also refer applicants to other small business resources such as
those offered by Chemeketa Community College, the Oregon Economic and Community
Development Department and other federal and state lending programs.
EXHIBIT A