Resolution 2941-14 � RESOLUTION NO. 2941-14
2 A RESOLUTION BY THE BOARD OF DIRECTORS
3 AUTHORIZING THE GENERAL MANAGER (GM), ASSISTANT GENERAL
MANAGER (AGM) AND/OR THE CHIEF FINANCIAL OFFICER (�CFO) TO
4 SIGN FUNDING AGREEMENT, AMENDMENTS AND CERTIFICATI!ONS FOR
5 FUNDING UNDER THE SAFE DRINKING WATER STATE REVOLVING FUND;
AUTHORIZING THE GM, AGM OR CFO TO APPROVE CLAl11NS FOR
6 REIMBURSEMENT; AUTHORIZING THE GM OR AGM TO EXECUTE BUDGET
AND EXPENDITURE SUMMARY; AUTHORIZING GM OR AGM TO SIGN THE
7 CONTRACTOR'S RELEASE FORM AND TO SIGN THE CERTIFICaTION OF
$ PROJECT COMPLETION; AND DEDICATING REVENUES FROM WATER
SERVICE RATE FEES AS THE SOURCE OF REVENUE TO REPAY SAIID LOAN.
9
WHEREAS, South Tahoe Public Utility District made an application to the California
10 Department of Public Health for a $2,876,000 loan under the Safe Drinking Water State
11 Revolving Fund; and,
12 WHEREAS, on March 3, 2014, the California Deparfment of Public Health issued a
13 Notice of Application Acceptance to South Tahoe Public Utility District committing
$2,876,000 in loan funding (the "Loan") from the Safe Drinking Water State Revolving
14 Fund for 0910002-016C; and,
15 WHEREAS, on May 16, 2013, South Tahoe Public Utility District adopted a project
16 budget totaling $2,876,000, and,
�7 WHEREAS, on March 3, 2014, the California Deportment of Public Health
committed funding in the amount of $2,876,000 under the Safe Drinking Water State
18 Revolving Fund Program; and
�9 WHEREAS, the funding agreement under the Safe Drinking Water State Revolving
20 Fund will provide for a twenty (20) year repayment period at a zero percent (0%)
interest rate; and,
21
22 WHEREAS, prior to the California Department of Public Health issuing a funding
agreement, South Tahoe Public Utility District is required to pass a resalution formally
2g establishing a dedicated source of revenue to repay the Loan, authorizing an officer to
execute all funding agreements, amendments, and certifications, designating a person
24 to approve claims for reimbursement, designating a person (registered engineer) to
25 sign the Budget and Expenditure Summary, designating a person (registered engineer)
to sign Certification of Project Completion, and designating a person (registered
2g engineer) to sign the Contractor's Release Form.
27 NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that the General Manager,
28 Assistant General Manager or Chief Financial Officer is hereby authorized to incur
29
30 XXXX
� Indebtedness pursuant to the funding agreement and sign the Safe Drinking Water
2 State Revolving Fund program funding agreements and any amendrr�ents thereto. (The
term "Indebtedness" as used herein means all grants, debts, obligations, and liabilities,
3 currently existing now or hereafter made, incurred or created in connection with the
4 Loan); and,
5 BE IT FURTHER RESOLVED AND ORDERED, that the General Manager, Assistant
General Manager or Chief Financial Officer is hereby authorized to approve Claims for
6 Reimbursement under the Safe Drinking Water State Revolving Loan Fund Program;
� and,
8 BE IT FURTHER RESOLVED AND ORDERED, that the General Manager or Assistant
General Manager is hereby authorized to execute the Budget and E�apenditure
9 Summary for the Safe Drinking Water State Revolving Loan Fund Program; and,
10
BE IT FURTHER RESOLVED AND ORDERED, that the General Manager or Assistant
11 General Manager is hereby authorized to sign the Contractor's Relea�se Form for the
,�2 Safe Drinking Water State Revolving Loan Fund Program; and,
13 BE IT FURTHER RESOLVED AND ORDERED, that the General Manager or Assistant
General Manager is hereby aufhorized to certify that the project is complete and ready
14 for final inspection; and,
15 gE IT FURTHER RESOLVED AND ORDERED, that South Tahoe Public Utility District
16 does hereby designate revenues from its water service rate fees as the dedicated
source of revenue to repay the Loan and pledges its water service rate fees as
17 collateral for the Loan. This dedication and pledge shall remain in full force and effect
�$ until the Loan is fully discharged, unless modification or change of such dedication and
pledge is approved in writing by the California Department of Public Health. If for any
�g reason, the source of revenues proves insufficient to satisfy the debt service of the Loan,
sufficient funds shall be raised through increased water rates, user chqrges, or
20 assessments or any other legal means available to meet the Loan obligation and to .
2� operate and maintain the project; and,
22 BE IT FURTHER RESOLVED AND ORDERED, the authority granted hereunder shall be
deemed retroactive. All acts authorized hereunder and performed �rior to the date of
23 this Resolution are hereby ratified and affirmed. The California Department of Public
24 Health is authorized to rely upon this Resolution until written notice to fihe contrary,
executed by each of the undersigned, is received by the California aepartment of
25 Public Health. The California Department of Public Health shall be entitled to act in
reliance upon the matters contained herein, notwithstanding anything to the contrary
26 contained in the formation documents of the South Tahoe Public Utili�y District or in any
27 other document.
28
29
30 Resolution No.2941-14
Page 2
1
2 WE, THE UNDERSIGNED, do hereby certify that the above and $oregoing
resolution was duly and regularly adopted and passed by the Board of Directors of the
3 South Tahoe Public Utility District at a regular meeting duly held on th�e 20th day of
4 March, 2014, by the following vote:
5
AYES: Jones, Vogelgesang, Sheehan, Schafer
6 NOES: None
� ABSENT: Cefalu
8 �
9 Eric Schafer, B ar resident
10 South Tahoe Public Utility District
ATTEST:
11
12 .
13
Melonie Guttry, Clerk of th oard
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 Resolution No.2941-14
Page 3