HomeMy WebLinkAboutResolution - - 2019-043 - 3/7/2019RESOLUTION NO. 2019-043
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, AUTHORIZING THE DIRECTOR
OF PUBLIC UTILITIES TO SIGN FINANCING
AGREEMENT, AMENDMENTS, AND CERTIFICATIONS
FOR FUNDING UNDER THE DRINKING WATER STATE
REVOLVING FUND (DWSRF); AUTHORIZING THE
DIRECTOR OF PUBLIC UTILITIES TO APPROVE CLAIMS
FOR REIMBURSEMENT; AUTHORIZING THE DIRECTOR
OF PUBLIC UTILITIES TO EXECUTE BUDGET AND
EXPENDITURE SUMMARY; AUTHORIZING THE
DIRECTOR OF PUBLIC UTILITIES TO SIGN THE FINAL
RELEASE FORM; AUTHORIZING THE DIRECTOR OF
PUBLIC UTILITIES TO SIGN THE CERTIFICATION OF
PROJECT AND COMPLETION; AND TO PLEDGE
REVENUES AND FUND(S) TO SATISFY REPAYMENT
OBLIGATIONS FOR FINANCIAL ASSISTANCE
AGREEMENT WITH THE CALIFORNIA STATE WATER
RESOURCES CONTROL BOARD FOR A 4.5 MILLION
GALLON WATER STORAGE TANK AT THE CITY OF
FRESNO'S NORTHEAST SURFACE WATER TREATMENT
FACILITY
WHEREAS, City of Fresno (City) seeks financing from the State Water
Resources Control Board for a project commonly known as the Northeast Surface
Water Treatment Facility 4.5MG Finished Water Storage Reservoir Project (Project);
and
WHEREAS, City intends to finance the construction and/or reconstruction of the
Project, or portions of the Project, with moneys provided by the State of California,
acting through the State Water Resources Control Board (State Water Board).
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
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Date Adopted: 3/7/2019
Date Approved: 3/12/2019
Effective Date: 3/12/2019
Resolution No. 2019-043
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1. The Director of Public Utilities (Director), or designee, is hereby authorize °"�f=� ��Y��ry•
and directed to sign and file, for and on behalf of the City a financial assistance
application for a financing agreement from the State Water Board for the Project.
2. The Director or designee is hereby authorized to sign the DWSRF
program financing agreement for the Project and any amendments thereto, and provide
the assurances, certifications, and commitments required therefor.
3. The Director, or designee, is hereby authorized to represent the City and
is carrying out the City's responsibilities under the financing agreement, including
approving and submitting disbursement requests (including claims for reimbursement)
or other required documentation, compliance with applicable state and federal laws, and
making any other necessary certifications.
4. The Director, or designee, does hereby dedicate and pledge its gross
water revenues and its water enterprise fund to payment of the DWSRF financing for
the Project. The Director, or designee, commits to collecting such revenues and
maintaining such fund(s) throughout the term of such financing and until the Director, or
designee, has satisfied its repayment obligation thereunder unless modification or
change is approved in writing by the State Water Board. So long as the financing
agreement(s) are outstanding, the Director or designee pledge hereunder shall
constitute a lien in favor of the State Water Board on the foregoing fund(s) and
revenue(s) without any further action necessary. So long as the financing agreement(s)
are outstanding, the Director, or designee, commits to maintaining the fund(s) and
revenue(s) at levels sufficient to meet its obligations under the financing agreement(s).
If for any reason, the said source of revenues proves insufficient to satisfy the debt
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service of the DWSRF obligation, sufficient funds shall be raised through increased
water rates, user charges, or assessments or any other legal means available to meet
the DWSRF obligation and to operate and maintain the project.
5. The authority granted hereunder shall be deemed retroactive. All acts
authorized hereunder and performed prior to the date of this Resolution are hereby
ratified and affirmed. The State Water Board is authorized to rely upon this Resolution
until written notice to the contrary, executed by each of the undersigned, is received by
the State Water Board. The State Water Board shall be entitled to act in reliance upon
the matters contained herein, notwithstanding anything to the contrary contained in the
formation documents of the City, or in any other document.
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held
on the 7th day of March 2019.
AYES Arias, Bredefeld, Caprioglio, Chavez, Esparza, Brandau
NOES None
ABSENT Soria
ABSTAIN None
Mayor Approval:
Mayor Approval/No Return:
Mayor Veto:
Council Override Vote:
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
ndon M. Collet D to
Senior Deputy City Attorney
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March 12th
2019
2019
2019
2019
YVONNE SPENCE, MMC CRM
City Clerk
B
Date
Deputy
R'�reo Dcs.•
March 8, 2019 Council Adoption:
Mayor Approval:
TO: MAYOR LEE BRAND Mayor Veto:
Override Request:
FROM: YVONNE SPENCE, MMC
City Clerk
SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO
3/7/19 0�
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At the City Council meeting of 3/7/19, Council adopted the attached Resolution No. 2019-043, entitled
Pledging and dedicating gross water revenues for repayment of $14,000,000 Safe Drinking Water.
Item No. 3-A, File ID19-1267, by the following vote:
Ayes
Bredefeld, Caprioglio, Chavez, Esparza, Arias and Brandau
Noes
None
Absent
Soria
Abstain
None
Please indicate either your formal approval or veto by completing the following sections and executing
and dating your action. Please file the completed memo with the Clerk's office on or before March 18,
2019. In computing the ten day period required by Charter, the first day has been excluded and the tenth
day has been included unless the 10th day is a Saturday, Sunday, or holiday, in which case it has also
been excluded. Failure to file this memo with the Clerk's office within the required time limit shall
constitute approval of the ordinance, resolution or action, and it shall take effect without the Mayor's
signed approval
Thank you)
(APPR0 TDIN❑ RETURN: _
VETOED for the following reasons: (Written objections are required by Charter; attach additional sheets
if necessary.)
Lee Brand, Mayor
COUNCIL OVERRIDE ACTION:
Ayes
Noes
Absent
Abstain
Date __;r ` 0— 1
Date: