HomeMy WebLinkAbout2018-072 - Water Distribution System Improvement Projectjmf 8/14/18
RESOLUTION NO. 2018-072
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA PLEDGING REVENUES AND FUNDS FOR THE
REPAYMENT OF FINANCING FROM THE STATE WATER
RESOURCES CONTROL BOARD FOR THE WATER
DISTRIBUTION SYSTEM IMPROVEMENTS PROJECT
WHEREAS, the City of Santa Ana ("Agency") desires to finance the costs of
constructing and/or reconstructing certain public facilities and improvements relating to
its water and wastewater system, including specifically the Water Distribution System
Improvements Project ("Project"); and
WHEREAS, the City Council of the City of Santa Ana has previously authorized
City staff to apply for financing of the construction and/or reconstruction of the Project or
portions of the Project with low interest moneys from the State Revolving Fund, provided
by the State of California, acting by and through the State Water Resources Control Board
("State Water Board"); and
WHEREAS, the State Water Board requires, as a condition of approval of any
financing agreement, the establishment of pledged sources of revenue to repay this
financing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa
Ana as follows:
Section 1. The City of Santa Ana hereby dedicates and pledges the net
revenues of the water enterprise fund and the water enterprise fund to payment of any
and all Clean Water State Revolving Fund and/or Water Recycling Funding Program
financing for the Water Distribution System Improvements Project.
Section 2. The City commits to collecting such revenues and maintaining such
fund(s) 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 Board.
Section 3. So long as the financing agreement(s) are outstanding, the City's
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.
Section 4. So long as the financing agreement(s) are outstanding, the City
commits to maintaining the fund(s) and revenue(s) at levels sufficient to meet its
obligations under the financing agreement(s).
Resolution No. 2018-072
Page 1 of 2
Section 5. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 18"' day of September, 2018.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: LZ, 5V,
JoV M. Funk
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
Benavides Martinez Pulido Sarmiento, Solorio,
Tinaiero Villegas (7)
None (0)
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council,
Resolution No. 2018-072 to be the original
City of Santa Ana on September 18, 2018.
Date: Y�10%� FL
Resolution No. 2018-072
Page 2 of 2
do hereby attest to and certify the attached
resolution adopted by the City Council of the
Maria D. Huizar
Clerk of the Council
City of Santa Ana