Resolution 2956-14 � RESOLUTION NO. 2956-14
2 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
3 SOUTH TAHOE PUBLIC UTILITY DISTRICT AUTHORIZING THE GENERAL MANAGER ("GM"),
ASSISTANT GENERAL MANAGER (`AGM") AND/OR THE CHIEF FINANICAL OFFICER ("CFO")
4 TO SIGN FUNDING AGREEMENT, AMENDMENTS AND CERTIFICATIONS FOR FUNDING
5 UNDER THE SAFE DRINKING WATER STATE REVOLVING FUND; AUTHORIZING THE GM, AGM
OR CFO TO APPROVE CLAIMS FOR REIMBURSEMENT; AUTHORIZING THE GM OR AGM TO
6 EXECUTE BUDGET AND EXPENDITURE SUMMARY; AUTHORIZING GM OR AGM TO SIGN THE
CONTRACTOR'S RELEASE FORM AND TO SIGN THE CERTIFICATION OF PROJECT
7 COMPLETION; AND DEDICATING REVENUES FROM WATER SERVICE RATE FEES AS THE
$ SOURCE OF REVENUE TO REPAY SAID LOAN.
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WHEREAS, South Tahoe Public Utility District made application to the California
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Department of Public Health for a �3,605,919 loan under the Safe Drinking Water State
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Revolving Fund; and,
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13 WHEREAS, on March 3, 2014, the California Deparfment of Public Health Issued a
14 Notice of Application Acceptance to South Tahoe Pubiic Utility District committing
15 $3,605,919 in loan funding (the "Loan") from the Safe Drinking Water State Revolving
16 Fund for 0910002-016C; and,
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�$ WHEREAS, on April 17, 2014, the South Tahoe Public Utility District adopted a
19 project budget totaling $3,783,799; and,
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WHEREAS, on June 16, 2014, the California Department of Public Health
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committed funding in the amount of $3,605,919 under the Safe Drinking Water State
22 Revolving Fund Program; and,
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24 WHEREAS, the funding agreement under the Safe Drinking Water State Revolving
25 Fund will provide for a thirty (30) year repayment period at a zero percent (0%) interest
Zg rate, and,
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28 WHEREAS, the remaining 177 880 of project costs are to be funded under South
29 Tahoe Public Utility District; and,
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� WHEREAS, prior to the California Department of Public Health issuing a funding
2 agreement, South Tahoe Public Utility District is required to pass a Resolution formally
establishing a dedicated source of revenue to repay the Loan, authorizing an officer to
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execute all funding agreements, amendments, and certifications, designating a person
4 to approve claims for reimbursement, designating a person (registered engineer) to
5 sign the Budget and Expenditure Summary, designating a person (registered engineer)
6 to sign Certification of Project Completion, and designating a person to sign the
7 Contractor's Release Form.
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9 BE iT RESOLVED AND ORDERED, that the General Manager, Assistant General
10 Manager or Chief Financial Officer is hereby authorized to incur indebtedness pursuant
to the funding agreement and sign the Safe Drinking Water State Revolving Fund
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program funding agreements and any amendments thereto. (The term "Indebtedness"
�2 as used herein means all grants, debts, obligations, and liabilities, currently existing or
13 now or hereafter made, incurred or created in connection with the Loan; and,
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15 BE IT FURTHER RESOLVED AND ORDERED, that the General Manager, Assistant
16 General Manager or Chief Financial Officer is hereby authorized to approve Ciaims for
�7 Reimbursement under the Safe Drinking Water State Revolving Loan Fund Program,
�$ and,
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BE IT FURTHER RESOLVED AND ORDERED, that the General Manager or Assistant
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General Manager is hereby authorized to execute the Budget and Expenditure
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Summary for the Safe Drinking Water State Revolving Loan Fund Program, and,
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23 BE IT FURTHER RESOLVED AND ORDERED, that the General Manager or Assistant
24 General Manager is hereby authorized to sign the Contractor's Release Form for the
25 Safe Drinking Water State Revolving Loan Fund Program, and,
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27 BE IT FURTHER RESOLVED AND ORDERED, that the General Manager or Assistant
28 General Manager is hereby authorized to certify that project is complete and ready for
29 final inspection, and,
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� BE IT FURTHER RESOLVED AND ORDERED, that South Tahoe Public Utility District
2 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
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collateral for the Loan. This dedication and pledge shall remain in full force and effect
4 until the Loan is fully discharged, unless modification or change of such dedication and
5 pledge is approved in writing by the California Department of Public Health. If for any
6 reason, the source of revenues proves insufficient to satisfy the debt service of the Loan,
7 sufficient funds shall be raised through increased water rates, user charges, or
8 assessments or any other legal means available to meet the Loan obligation and to
g operate and maintain the project; and,
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11 BE IT FURTHER RESOLVED AND ORDERED, the authority granted hereunder shall be
�2 deemed retroactive. All acts authorized hereunder and performed prior to the date of
this Resolution are hereby ratified and affirmed. The California Department of Public
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Health is authorized to rely upon this Resolution until written notice to the contrary,
14 executed by each of the undersigned, is received by the California Department of
15 Public Health. The California Department of Public Health shall be entitled to act in
16 reliance upon the matters contained herein, notwithstanding anything to the contrary
17 contained in the formation documents of the South Tahoe Public Utility District or in any
18 other document.
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20 WE, THE UNDERSIGNED, do hereby certify that the above and foregoing
2� Resolution No. 2956-14 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 19'" day
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of June, 2014, by the following vote:
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24 AYES: Cefalu, Jones, Vogelgesang, Sheehan, Schafer
25 NOES: None
26 ABSENT: None /�
27 ( �
28 Eric Schafer, oar esident
South Tahoe Publi Utility District
29 ATTEST:
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Melonie Guttry, Clerk of the oard