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Resolution 2869-09 Amended RESOLUTION FOR FUNDING AGREEMENT WITH CA. DEPT. OF PUBLIC HEALTH PROJECT NO. 910002-003 Water Meter Installation RESOLUTION NO. 2869-09 RESOLUTION OF the South Tahoe Public Utility District (STPUD) Board of Directors AUTHORIZING the General Manager (GM), Assistant General Manager (AGM) or the Chief Financial Officer (CFO) TO SIGN FUNDING AGREEMENT AND AMENDMENTS FOR FUNDING UNDER THE SAFE DRINKING WATER STATE REVOLVING FUND AMERICAN RECOVERY AND REINVESTMENT ACT; AUTHORIZING the GM, AGM and/or the CFO TO APPROVE CLAIMS FOR REIMBURSEMENT; AUTHORIZING the GM, CFO and AGM TO EXECUTE BUDGET AND EXPENDITURE SUMMARY; AUTHORIZING AGM TO SIGN THE CONTRACTOR'S RELEASE FORM AND AGM TO SIGN THE CERTIFICATION OF PROJECT COMPLETION; AND DEDICATING REVENUES FROM water service charges AS THE SOURCE OF REVENUE TO REPAY SAID LOAN. WHEREAS, on 2/23/2009 , the STPUD made application to the California Department of Public Health for funding under the California Safe Drinking Water State Revolving Fund and the federal AMERICAN RECOVERY AND REINVESTMENT ACT of 2009 for a project commonly known and described as Water Meter Installation (herein the proiect); and WHEREAS, on 06/04/2009 , said STPUD Board of Directors adopted a project budget totaling $4,387,500 and; WHEREAS, it is anticipated that the Funding Agreement under the California Safe Drinking Water State Revolving Fund and the federal AMERICAN RECOVERY AND REINVESTMENT ACT of 2009 will provide for a loan in the amount of $ 0 , of which $ 4,387,500 will be provided as additional subsidization in the form of principle forgiveness. [ WHEREAS, the remaining $ 0 of project costs are to be funded under the STPUD Water Service Charges, and; WHEREAS, prior to the California Department of Public Health's issuance of said Funding Agreement, STPUD Board of Directors is required to pass a resolution [designating a dedicated source of revenue to repay the non-subsidized principle amount of said loan (if any)J authorizing an officer to execute said Funding Agreement and amendments, authorizing an officer to execute all certifications and reports required of funding recipients under the California Safe Drinking Water State Revolving Fund and the federal American Recovery and Reinvestment Act of 2009; designating a person to approve claims for reimbursement, designating a person (registered engineer) to sign the Budget and Expenditure Summary, designating a person (registered engineer) to sign Certification of Project Completion, and designating a person to sign the Contractor's Release Form. [ WHEREAS, prior to the California Department of Public Health issuing said Funding Agreement, STPUD Board of Directors is required to establish water rates and charges in amounts sufficient to generate net revenues equal to at least 1 times annual total debt service. NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the STPUD General Manager, Assistant General Manager and/or the Chief Financial Officer is hereby authorized to sign the Safe Drinking Water State Revolving Fund program Funding Agreement and any amendments thereto; and BE IT FURTHER RESOLVED AND ORDERED, that the STPUD General Manager, Assistant General Manager and/or the Chief Financial Officer is hereby authorized to approve Claims for Reimbursement under the Safe Drinking Water State Revolving Fund program; and BE IT FURTHER RESOLVED AND ORDERED, that the STPUD General Manager, Assistant General Manager and/or the Chief Financial Officer is hereby authorized to execute the Budget and Expenditure Summary for the Safe Drinking Water State Revolving Fund program; and Revised June 11, 2009 Page 1 of 2 Enclosure No. 14 BE IT FURTHER RESOLVED AND ORDERED, that the STPUD Assistant General Manager is hereby authorized to sign the Contractor's Release Form for the Safe Drinking Water State Revolving Fund Program; and BE IT FURTHER RESOLVED AND ORDERED, that the STPUD Assistant General Manager is hereby authorized to certify that the project is complete and ready for final inspection; and BE IT FURTHER RESOLVED AND ORDERED, that the STPUD Chief Financial Officer does hereby designate revenues from the water service charge revenue as the dedicated. source of revenue to repay this Safe Drinking Water State Revolving Fund loan. This dedication shall remain in full force and effect until such loan is fully discharged, unless modification or change of such dedication is approved in writing by the California Department of Public Health. If for any reason, said source of revenues proves insufficient to satisfy the debt service of the Safe Drinking Water State Revolving Fund loan, sufficient funds shall be raised through increased water rates, user charges, or assessments or any other legal means available to meet this loan obligation and to operate and maintain this project. BE IT FURTHER RESOLVED AND ORDERED, that the project infrastructure investment is an appropriate use of taxpayer dollars. BE IT FURTHER RESOLVED AND ORDERED, that the STPUD does hereby covenant to establish water rates and charges in amounts sufficient to generate net revenues equal to at least 1 times annual total debt service. Passed and adopted by the STPUD Board of Directors) on 8/20/2009, by the following vote: AYES: Directors Mosbacher, Rise, Claudio. Janes, Schafer NOES: Directors NOn.P EXCUSED: Directors No v~l President Mary L' u Mo~bacher ATTEST: Kathy Shar , Jerk of the B Ward Revised June 11, 2009 Page 2 of 2