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HomeMy WebLinkAbout24096 RESOLUTION NO. 24096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PLEDGING ITS WASTEWATER ENTERPRISE FUNDS AS PAYMENT TO THE STATE WATER RESOURCES CONTROL BOARD UNDER THE CLEAN WATER STATE REVOLVING FUND FOR THE CITY OF PALM SPRINGS WASTEWATER TREATMENT PLANT UPGRADE, (CP 15-14). WHEREAS, the City of Palm Springs, (the "City"), desires to finance the costs of constructing and/or reconstructing certain public facilities and improvements relating to its wastewater system, including certain treatment facilities, pipelines and other infrastructure, identified as the City of Palm Springs Wastewater Treatment Plant Upgrade, City Project No. 15-14, (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 "State Water Board"); and WHEREAS, the State Water Board may fund the Project Funds through its Clean Water State Revolving Fund ("CWSRF"); and WHEREAS, the CWSRF can provide a very low interest loan to the City for Project Funds necessary to fund the Project; and WHEREAS, it is necessary to pledge the City's Wastewater Enterprise Funds as payment to the State Water Board for the Project Funds made available to the City through the CWSRF. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby dedicates and pledges the Net Revenues of the Wastewater Enterprise fund and the Wastewater Enterprise fund to payment of any and all Clean Water State Revolving Fund financing for the Project. SECTION 2. The City Council hereby commits to collecting such revenues and maintaining such funds throughout the term of such financing and until the City has satisfied its repayment obligation thereunder unless modification or change is approved in writing by the State Water Resources Control Board. SECTION 3. The City Council hereby acknowledges that the City's pledge hereunder shall constitute a lien in favor of the State Water Resources Control Board on Resolution No. 24096 Page 2 the foregoing funds and revenues without any further action necessary, so long as the financing agreement is outstanding. SECTION 4. The City Council hereby commits to maintaining the funds and revenues at levels sufficient to meet its obligations under the financing agreement, so long as the financing agreement is outstanding. ADOPTED THIS 21ST DAY OF SEPTEMBER, 2016. 2 David H. Ready, City r ATTEST: mes Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24096 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 215t day of September, 2016, by the following vote: AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, Mayor Pro Tern Mills, and Mayor Moon. NOES: None. ABSENT: None. ABSTAIN: None. /Ja6es Thompson, City Clerk �-City of Palm Springs, California 10/04/zo1(o