HomeMy WebLinkAboutResolution 2006-055 N.C.S. 04/03/2006 Resolution No. 2006-055 N.C.S.
of the City of Petaluma, California
DEDICATING A REVENUE SOURCE FOR REPAYMENT OF A
STATE REVOLVING FUND LOAN FOR THE
ELLIS CREEK WATER RECYCLING FACILITY PROJECT
(PROJECT NO. C500402)
WHEREAS, on August 1, 2005, the City Council awarded a contract to Kiewit Pacific
Co. for the construction of the Ellis Creek Water Recycling Facility Project, Project No.
C500402 ("Project"); and,
WHEREAS, the project involves the construction of the Ellis Creek Water Recycling
Facility; and,
WHEREAS, the City has applied for glow-interest loan through the State Water Board's
("Board") State Revolving Fund (SRF) loan program for this project ;and,
WHEREAS, the Board has designated this project as State Project No. C-06-4693-110;
and,
WHEREAS, the Board requires the City to dedicate a source of revenue for repayment
of the SRF loan; and,
WHEREAS, the City operates a Water Pollution Control Fund from service charges
which is used to fund operation and maintenance of the wastewater system and capital
improvements, and collects wastewater connection fees which are used to fund capital
improvements; and,
WHEREAS, such loan shall not be a debt of the City of Petaluma or a charge, lien or
encumbrance on any of its property or income or revenues other than the revenues which are
pledged to payment herein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
1. The above recitals are true and correct and hereby declared to be findings of the City
Council of the City of Petaluma.
2. The City will repay SRF Loan No. C-06-4693-110 and any other associated SRF
loans from the income received from a combination of the Water Pollution Control
Fund and wastewater connection fees collected, and that these sources of revenue
shall remain in effect until such loan or loans are fully discharged unless modification
or change of such dedication of these sources of revenue is approved in writing by the
Board, or is otherwise required by State or Federal law. Further, such loan shall not
be a debt of the City of Petaluma or a charge, lien or encumbrance on any of its
property or income or revenues other than revenues which are pledged. to repayment
herein.
Resolution No. 2006-055 N.C.S. Page 1
3. The Water Pollution Control Fund shall be administered by the City of Petaluma as
required by the "Policy for Implementing the State Revolving Fund for Construction
of Wastewater Treatment Facilities" adopted by the State Water Board on June 18,
1998.
4. This resolution shall become effective immediately.
All portions of this resolution are severable. Should any individual components of this resolution
be adjudged to be invalid.. and unenforceable by a body of competent jurisdiction, then the
remaining resolution portions shall be and continue in full force and effect, except as to those
resolution portions that have been adjudged invalid. The City Council of the City of Petaluma
hereby declares that it would have adopted this resolution and each section, subsection, clause,
sentence, phrase and other portion thereof, irrespective of the fact that one or more section,
subsection, clause, sentence, phrase or other portion may be held invalid or unconstitutional.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Regular meeting on the 3"~ day of April, 2006, form:
by the following vote: T ~
Cit;~ Attorney
AYES: Vice Mayor Canevaro, Healy, Nau, O'Brien, Torliatt
NOES: None
ABSENT: Mayor Glass, Harris -
.ABSTAIN: None
ATTEST:
City Clerk ay r _
Resolution No. 2006-055 N.C.S. Page 2