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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: 1 of 4 Date Adopted: 3/7/2019 Date Approved: 3/12/2019 Effective Date: 3/12/2019 Resolution No. 2019-043 �� of �FP s 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 2 of 4 of FR$. ��`/ ' •y syt7 n r•!Af °F�rEo neS � 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. 3 of 4 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 4 of 4 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� q9 ti-�• '�rF❑ ❑CS' 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: