Resolution 2855-09
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RESOLUTION NO. 2855-09
APPLlCA TION/AUTHORIZA TION/REIMBURSEM ENT/
DEDICATED SOURCE OF REVENUE
RESOLUTION
APPLICATION/AUTHORIZED REPRESENTATIVE RESOLUTION
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BE IT RESOLVED by the South Tahoe Public Utility District (STPUD) Board of
7 Directors that the General Manager, Assistant General Manager and/or the Chief
8 Financial Officer is hereby authorized and directed to sign and file, for and on behalf of
9 the STPUD, a Financial Assistance Application for a financing agreement from the State
10 Water Resources Control Board for the planning, design, and construction of the
11 following list of sewer projects:
12 1. STPUD wastewater plant headworks project;
13 2. Emergency Retention Basin Pond Liner Replacement;
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3. Effluent Line (C) Rerouting;
4. Irrigation Field Phase 1 (Alpine County);
5. Wildwood Sewer Interceptor; and
BE IT RESOLVED that the STPUD hereby agrees and further does authorize the
18 aforementioned representative or his/her designee to certify that the Agency has and
19 will comply with all applicable state and federal statutory and regulatory requirements
related to any financing or financial assistance received from the State Water
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Resources Control Board; and
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BE IT FURTHER RESOLVED that the General Manager, Assistant General
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Manager, and/or the Chief Financial Officer or his/her designee of the STPUD is hereby
23 authorized to negotiate and execute a financial assistance agreement from the State
24 Water Resources Control Board and any amendments or change orders thereto and
25 certify financing agreement disbursements on behalf of the STPUD.
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REIMBURSEMENT RESOLUTION
WHEREAS, the STPUD (the "Agency") desires to finance the costs of constructing
and/or reconstructing certain public facilities and improvements relating to its water and
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wastewater system, including certain treatment facilities, pipelines and other
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infrastructure (the "Project"); and
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1 WHEREAS, the Agency intends to finance the construction and/or reconstruction of
\.., 2 the Project or portions of the Project with moneys ("Project Funds") provided by the
3 State of California, acting by and through the State Water Resources Control Board
4 (State Water Board); and
5 WHEREAS, the State Water Board may fund the Project Funds with proceeds from
6 the sale of obligations the interest upon which is excluded from gross income for federal
7 income tax purposes (the "Obligations"), and
WHEREAS, prior to either the issuance of the Obligations or the approval by the
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State Water Board of the Project Funds the Agency desires to incur certain capital
9 expenditures (the "Expenditures") with respect to the Project from available moneys of
10 the Agency; and
11 WHEREAS, the Agency has determined that those moneys to be advanced on and
12 after the date hereof to pay the Expenditures are available only for a temporary period
13 and it is necessary to reimburse the Agency for the Expenditures from the proceeds of
14 the Obligations.
\.,. 15 NOW, THEREFORE, THE AGENCY DOES HEREBY RESOLVE,
16 ORDER AND DETERMINE AS FOLLOWS:
17 SECTION 1. The Agency hereby states its intention and reasonably expects to
18 reimburse Expenditures paid prior to the issuance of the Obligations or the approval by
19 the State Water Board of the Project Funds.
SECTION 2. The reasonably expected maximum principal amount of the Project
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Funds is $ 20 Million Dollars.
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SECTION 3. This resolution is being adopted no later than 60 days after the date
22 on which the Agency will expend moneys for the portion of the Project costs to be
23 reimbursed with Project Funds.
24 SECTION 4. Each Agency expenditure will be of a type properly chargeable to a
25 capital account under general federal income tax principles.
26 SECTION 5. To the best of our knowledge, this Agency is not aware of the
27 previous adoption of official intents by the Agency that have been made as a matter of
28 course for the purpose of reimbursing expenditures and for which tax-exempt
\.. 29 obligations have not been issued.
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SECTION 6. This resolution is adopted as official intent of the Agency in order to
comply with Treasury Regulation 91.150-2 and any other regulations of the Internal
Revenue Service relating to the qualification for reimbursement of Project costs.
SECTION 7. All the recitals in this Resolution are true and correct and this
Agency so finds, determines and represents.
DEDICATED SOURCE OF REVENUE RESOLUTION
The STPUD hereby dedicates the following source of revenue: user charoes and
capacity charqes. to payment of any and all Clean Water State Revolving Fund
financing on the following projects: STPUD wastewater plant headworks project;
Emergency Retention Basin Pond Liner Replacement; Effluent Line (C) Rerouting;
Irrigation Field Phase 1 (Alpine County) and Wildwood Sewer Interceptor. This
dedicated source of revenue shall remain in effect throughout the term of such financing
unless a modification or change of such dedication is approved in writing by the State
Water Resources Control Board.
WE, THE UNDERSIGNED, do hereby certify that the above and foregoing
Resolution was duly adopted and passed by the Board of Directors of the South Tahoe
Public Utility District at a regularly scheduled meeting held on the 19th day of
February, 2009, by the following vote:
AYES: Directors Mosbacher, Rise, Claudio, Schafer
NOES: None
ABSENT: Director Jones
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ATTEST: