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HomeMy WebLinkAboutReso 2006-036 - State Water Resource Board . . ..; RESOLUTION NO. 2006-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING AUTHORIZING DESIGNATED CITY OFFICIALS TO FILE AN APPLICATION FOR FINANCIAL ASSISTANCE FOR A LOAN/GRANT FROM THE STATE W A TERRESOURCES CONTROL BOARD, TO ACCEPT AND EXPEND THOSE FUNDS IF THE APPLICATION IS GRANTED, AND TO DEDICATE THE SOURCE OF REVENUE FOR REPAYMENT TO THE STATE REVOLVING LOAN FUND WHEREAS, the City of Redding (the "City") desires to finance the costs of planning, design, and construction for the Clear Creek Wastewater Treatment Plant Rehabilitation and Expansion Project (the "Project"); and WHEREAS, the City intends to finance the construction and/or reconstruction of the Project or portions of the Project with moneys ("Project Funds") provided by the State of California, acting by and through the State Water Resources Control Board (the "Board"); and WHEREAS, the Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations"); and WHEREAS, prior to either the issuance of the Obligations or the approval by the Board of the Project Funds the City desires to incur certain capital expenditures (the "Expenditures") with respect to the Project from available moneys of the City; and WHEREAS, the City has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the City for the Expenditures from the proceeds of the Obligations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding that the City Engineer or the Director of Municipal Utilities is hereby authorized and directed to sign and file, for and on behalf of the City of Redding, a Financial Assistance Application for a loan/grant from the State Water Resources Control Board in the amount not to exceed seventy one million dollars for the planning, design, and construction of Clear Creek Wastewater Treatment Plant Rehabilitation and Expansion Project; and BE IT FURTHER RESOLVED that the City of Redding hereby agrees and further does authorize the aforementioned representatives or his designee to certify that the City has and will comply with all applicable state and federal statutory and regulatory requirements related to any federal and state loan/grants received; and BE IT FURTHER RESOLVED that the aforementioned representatives or his designee is hereby authorized to negotiate and execute a loan/grant contract and any amendments or change orders thereto and certify loan/grant disbursements on behalf of the City; and ~ ~ ~ Rescinded by Resolution No~ '2011-14 r " , W I' . . BE IT FURTHER RESOLVED as follows: 1.. The City hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the Board of the Project Funds. 2. The reasonably expected maximum principal amount of the Project Funds is $71,000,000. 3. This resolution is being adopted no later than 60 days after the date on which the City will expend moneys for the portion of the Project costs to be reimbursed with Project Funds. 4. Each Expenditure by the City will be of a type properly chargeable to a capital account under general federal income tax principles. 5. To the best of our knowledge, the City is not aware of the previous adoption of official intents by the City that hav,e been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued. 6. This resolution is adopted as official intent of the City in order to comply with Treasury Regulation S 1.150-2 lmd any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs; and BE IT FURTHER RESOLVED that the City hereby dedicates Wastewater Connection Fees and Monthly Service Charges as the source of revenue for the payment of any and all State Revolving Fund loans on the Project (C-06-4971-11O). This dedicated source of revenue shall remain in effect until such loan or loans are fully discharged, unless modification or change of such dedication is approved in writing by the State Water Resources Control Board. I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted at a regular meeting of the City Council on the 7th day of March, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: Dickerson, Mathena, Polhmeyer, Stegall and Murray COUNCIL MEMBERS: None COUNCIL l\1EMBERS: None COUNCIL MEMBERS: None , '- Attest: , " I, / - , ,-" Form Approved: ~~~ ~RICHARD A. DUVERNAY, City Attorney ~.~