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HomeMy WebLinkAboutR-10891 PLEDGING SEWER FUND REVENUES TO THE STATE WATER RESOURCES CONTROL BOARD FOR THE FINANCING OF THE WATER RESOURCE RECOVERY FACILITY UPGRADE.RESOLUTION NO. 10891 (2018 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, PLEDGING SEWER FUND REVENUES TO THE STATE WATER RESOURCES CONTROL BOARD FOR THE FINANCING OF THE WATER RESOURCE RECOVERY FACILITY UPGRADE. WHEREAS, the City of San Luis Obispo's Water Resource Recovery Facility is in need of upgrades to fulfill its regulatory mandates and capacity requirements for full build -out of the City; and WHEREAS, the City Council approved the upgrade capital project initially in 2013 and subsequently approved the final project for construction on August 16, 2016; and WHEREAS, the City Council desires to finance the construction phase of the Water Resource Recovery Facility upgrade through the State Water Resources Control Board; and WHEREAS, the City Council directed staff to submit an application to the State Water Resources Control Board for the applicable financing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, that: SECTION 1. The City of San Luis Obispo will dedicate and pledge sewer net revenues from its Sewer Fund and the Sewer Fund to payment of any and all Clean Water State Revolving Fund financing for the Water Resource Recovery Facility Upgrade project (the "Project"). SECTION 2. The City of San Luis Obispo commits to collecting such revenues and maintaining the Sewer Fund throughout the term of such financing and until the City of San Luis Obispo has satisfied its repayment obligation thereunder unless modifications or change is approved in writing by the State Water Resources Control Board. SECTION 3. So long as the financing agreement is outstanding, the City of San Luis Obispo's pledge hereunder shall constitute a lien in favor of the state Water Resources Control Board on the foregoing fund and revenue without any further action necessary. So long as the financing agreement is outstanding, the City of San Luis Obispo commits to maintain the Sewer Fund and its revenue at levels sufficient to meet its obligations under the financing agreement. R 10891 Resolution No. 10891 (2018 Series) Page 2 SECTION 4. Resolution No. 10762 (2016 Series) is hereby superseded in its entirety. Upon motion of Vice Mayor Christianson, seconded by Council Member Pease, and on the following roll call vote: AYES: Council Members Gomez, Pease and Rivoire, Vice Mayor Christianson and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 15th day of May 2018. ATTEST: P . Teresa Purrington City Clerk owe . City Attorney 1 M ar eidi Harmon IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this day of , 201% Teresa Purrington, City Clerk it 1:•