STATEMENTS REQUIRED BY LAW AND EXECUTIVE ORDER
Civil Rights Legislation
All businesses receiving Gateway Area Development District (GADD) financial assistance must agree not to discriminate in any business practice, including employment practices and services to the public, on the basis of race, color, national origin, handicap, age, religion, or sex. This includes making their goods and services available to handicapped clients or customers. All business borrowers will be required to display an "Equal Employment Opportunity Poster".
Non-Relocation (13 CFR §§ 316.3)
GADD financial assistance will not be used to assist employers who transfer jobs from one commuting area to another. A commuting area ("area'') is that area defined by the distance people travel to work in the locality of the project receiving GADD financial assistance. The applicant’s project location must be within the eligible project area (Bath, Menifee, Montgomery, Morgan, or Rowan counties). The loan will be recalled if the project activity is moved from the area. The non-relocation requirements stated shall not apply to businesses which:
- Relocated to the area prior to the date of the applicant's request for GADD assistance;
- Have moved or will move into the area primarily for reasons which have no connection to the GADD assistance;
- Will expand employment in the area where the project is to be located substantially beyond employment in the area in which the business had originally been located;
- Are relocating from technologically obsolete facilities to be competitive; or
- Are expanding into the new area by adding a branch, affiliate, or subsidiary while maintaining employment levels in the old area or areas
Davis-Bacon Act (40 U.S.C. 276a - 276a-5)
The Davis-Bacon Act, as amended, requires that each contract over $2,000 to which the Gateway Area Development District is a party for the construction, alteration, or repair of public buildings or public works shall contain a clause setting forth the minimum wages to be paid to various classes of laborers and mechanics employed under the contract. Under the provisions of the Act, contractors or their subcontractors are to pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character.
Freedom of Information Act (5 U.S.C. 552)
This law provides, with some exceptions, that the GADD must supply information reflected in agency files and records to a person requesting it. Information about approved loans that will be automatically released includes, among other things, statistics on our loan programs (individual borrowers are not identified in the statistics) and other information such as the names of the borrowers (and their officers, directors, stockholders or partners), the collateral pledged to secure the loan, the amount of the loan, its purpose in general terms and the maturity. Proprietary data on a borrower would not routinely be made available to third parties. All requests under this Act are to be addressed to the GADD office and be identified as a Freedom of Information request.
Flood Disaster Protection Act (42 U.S.C. 4011)
Regulations have been issued by the Federal Insurance Administration (FIA) that prohibits GADD from making certain loans in an FIA designated floodplain unless Federal flood insurance is purchased as a condition of the loan. Failure to maintain the required level of flood insurance makes the applicant ineligible for any future financial assistance from the GADD.
Executive Orders – Floodplain Management and Wetland Protection (42 F.R. 26951 and 42 F.R. 26961)
The GADD discourages any settlement in or development of a floodplain or a wetland. This statement is to notify all GADD loan applicants that such actions are hazardous to both life and property and should be avoided. The additional cost of flood preventive construction must be considered in addition to the possible loss of all assets and investments in future floods.
Occupational Safety and Health Act (15 U.S.C. 651 et seq.)
This legislation authorizes the Occupational Safety and Health Administration in the Department of Labor to require businesses to modify facilities and procedures to protect employees or pay penalty fees. In some instances the business can be forced to cease operations or be prevented from starting operations in a new facility. Therefore, in some instances GADD may require additional information from an applicant to determine whether the business will be in compliance with OSHA regulations and allowed to operate its facility after the loan is approved and disbursed. Signing this form as borrower is a certification that the OSA requirements that apply to the borrower's business have been determined and the borrower to the best of its knowledge is in compliance.
Equal Credit Opportunity Act (15 U.S.C. 1691)
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status or age (provided that the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program, or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The Federal agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. 20580.
Environmental Protection (13 CFR §§ 316.1)
The GADD will administer its loan programs in a manner that will result in effective enforcement of the Clean Air Act, the Federal Water Pollution Act and other environmental protection legislation. To ensure proper compliance the GADD requires applicants to comply with the following:
- The National Environmental Policy Act of 1969 (42 U.S.C. S 4321 et. seq.) and 24 CRF Part 58, and in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 468), Executive Order 11593, and the Preservation of Archeological and Historical Data Act of 1974, by:
- Consulting with the State Historic Preservation Officer to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the proposed activity; and
- Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties.
- Clean Air Act, Pub. L. 88-206 as amended, 42 U.S.C. 7401 et. seq.;
- Clean Water Act (Federal Water Pollution Control Act), c. 758, 62 Stat. 1152 as amended, 33 U.S.C. 1251 et. seq.;
- Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), Pub. L. 96-510, as amended, 42 U.S.C. 9601 et. seq. and the Superfund Amendments and Reauthorization Act of 1986 (SARA), Pub. L. 99-499, as amended;
- Resource Conservation and Recovery Act of 1976, Pub.L. 94-580 as amended, 42 U.S.C. 6901 et seq.;
- Historical and Archeological Data Preservation Act, Pub. L. 86-523, as amended, 16 U.S.C. Sec. 469a-1 et. seq.;
- Endangered Species Act of 1973, Pub. L. 93-205, as amended, 16 U.S.C. Sec. 1531 et. seq.;
- Coastal Zone Management Act of 1972, Pub. L. 92-583, as amended, 16 U.S.C. Sec. 1451 et. seq.;
- Flood Disaster Protection Act of 1973, Pub. L. 93-234, as amended, 42 U.S.C. Sec. 4002 et seq.;
- Safe Drinking Water Act of 1974, Pub. L. 92-523, as amended, 42 U.S.C. Sec. 300f-j26;
- Wild and Scenic Rivers Act, Pub. L. 90-542, as amended, 16 U.S.C. Sec. 1271 et seq.;
- Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (February 11, 1994);
- Farmland Protection Policy Act, Pub. L. 97-98, as amended, 7 U.S.C. Sec. 4201 et seq.
- Section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106) as it relates to the mandatory purchase of flood insurance for identified special flood hazard areas;
- The Endangered Species Act of 1973, as amended;
- The Fish and Wildlife Coordination Act of 1958, as amended;
- The Wild and Scenic Rivers Act of 1968, as amended;
- The Safe Drinking Water Act of 1974, as amended;
- The Clean Air Act of 1970, as amended;
- The Federal Water Pollution Control Act of 1972, as amended;
- The Clean Water Act of 1977, as amended; and
- The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, and subsequent amendments.
Debt Collection Act of 1982 Deficit Reduction Act of 1984 (31 U.S.C. 3701 et seq. and other titles)
These laws require GADD to aggressively collect any loan payments that become delinquent. GADD must obtain your taxpayer identification number when you apply for a loan. If you receive a loan, and do not make payments as they come due, GADD may take one or more of the following actions:
- Report the status of your loan(s) to credit bureaus
- Hire a collection agency to collect your loan
- Refer your loan to attorneys for litigation
- Foreclose on collateral or take other action permitted in the loan instruments.
Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821 et seq.)
Borrowers using GADD funds for the construction or rehabilitation of a residential structure are prohibited from using lead-based paint on all interior surfaces, whether accessible or not, and exterior surfaces, such as stairs, decks, porches, railings, windows and doors, which are readily accessible to children under 7 years of age. A "residential structure" is any home, apartment, hotel, motel, orphanage, boarding school, dormitory, day care center, extended care facility, college or other school housing, hospital, group practice or community facility and all other residential or institutional structures where persons reside.
Kentucky Open Records Act (KRS 61.870 – 61.884)
This legislation requires GADD to make information provided by borrowers available for public disclosure to the extent required by law pursuant to any request made pursuant to the Kentucky Open Records Act, Chapter 61 of the Kentucky Revised Statutes. Notwithstanding the above, except as otherwise agreed to be the applicant in writing, no confidential or proprietary information shall be disclosed if properly excluded from disclosure under KRS 61.878 (as determined by the GADD Staff, the Kentucky Attorney General, or court of competent jurisdiction).
CERTIFICATION OF APPLICATION AND CREDIT AUTHORIZATION
I hereby represent and certify that the information submitted in the Gateway Revolving Loan Fund Pre-Application, the information contained within the attached documents, and any additional loan documentation or information that may be requested in the future, to the best of my/our knowledge:
Is true, complete, and accurately and fairly describes the proposed project for which financial assistance is sought; and
- Does not contain any information for which an entity competing with the applicant may claim a proprietary; and
- I authorize the Gateway Area Development District or its attorney(s) to make inquiries necessary to verify the accuracy of the statements made and to determine my/our creditworthiness; and
- I understand that non-confidential information may be subject to public disclosure pursuant to the Federal Freedom of Information Act; and
- I agree to pay for or reimburse Gateway Area Development District and/or its attorney(s) for the cost of any surveys, title or mortgage examinations, appraisals, credit reports, etc., performed by non-Gateway personnel at the loan closing provided I have given my consent; and
- I have read and received a copy of the “Statements Required by Law and Executive Order” which was attached to this application and my/our signature represents my agreement to comply with the approval of my loan request and to comply, whenever applicable, with the hazard insurance, lead-based paint, civil rights, or other limitations in this notice.
- I further understand that completed application for financing are reviewed and considered on a first-come, first-served basis and that approved financing is subject to the availability of funds.
- I hereby authorize the Gateway Area Development District and/or its attorney(s) to conduct credit investigation and verifications and to obtain credit bureau reports (including consumer and/or business credit reports) on the undersigned and any other entity of which I am a principal.
In addition, and notwithstanding anything to the contrary, I also expressly authorize the release of any financial/organizational information or data from third party sources (Banks, Financial Institutions, Insurance Companies, Attorneys, Accountants, Credit Unions, etc.) to the Gateway Area Development District upon its written or verbal request.