Resolution Number 05-02-15-04RESOLUTION NO. 05-02-15- 04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING THE APPLICATION AND
REIMBURSEMENT FOR GRANT FUNDS FOR THE WATER
RECYCLING CONSTRUCTION RPOGRAM UNDER THE CALIFORNIA
CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND
COASTAL PROTECTION BOND ACT OF 2002 (RECYCLED WATER
DISTRIBUTION SYSTEM)
WHEREAS, the people of the State of California have enacted the The Clean
Water, Clean Air, Safe Neighborhoods, and Coastal Protection Act of 2002, which
provides funds to the State of California for grants to eligible applicants; and,
WHEREAS, the City of San Juan Capistrano (the "Agency") desires to finance
the costs of constructing certain public facilities and improvements relating to its water
and wastewater system, including certain treatment facilities, pipelines and other
infrastructure (the "Project"); and,
WHEREAS, the Agency intends to finance the construction of the Project, or
portions of the Project with moneys ('Project Funds") provided by the State of California,
acting by and through the State Water Resources Control Board (the "Board"); and,
WHEREAS, the Board may fund the Project Funds with proceeds from the sale
of obligations the interest upon which is excluded from the gross income for federal
income tax purposes (the "Obligations"); and,
WHEREAS, prior to either the issuance of the Obligations or the approval by the
Board of the Project Funds the Agency desires to incur certain capital expenditures (the
"Expeditures") with respect to the Project from available moneys of the Agency; and,
WHEREAS, the Agency has determined that those moneys to be advanced on
and after the date hereof to pay the Expenditures are available only for a temporary
period and it is necessary to reimburse the Agency for the Expenditures from the
proceeds of the Obligations;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Juan Capistrano:
1. Approves the filing of an application for local assistance funds from the
Water Recycling Construction Grant Program under the Clean Water,
Clean Air, Safe Neighborhood Parks and Coastal Protection Bond Act of
2002; and,
02-15-2005
2. Hereby states its intention and reasonably expects to reimburse
Expenditures paid prior to the issuance of the Obligations or the approval
by the Board of the Project Funds; and,
3. The reasonably expected maximum principle amount of the Project Funds
is $5,000,000; and,
4. This resolution is being adopted no later than 60 days after the date on
which the Agency will expend moneys for the portion of the Project costs
to be reimbursed with Project Funds; and,
5. Each Expenditure by the Agency will be of a type properly chargeable to a
capital account under general federal income tax principles; and,
6. To the best of our knowledge, this Agency is not aware of the previous
adoption of official intents by the Agency that have been made as a matter
of course for the purpose of reimbursing expenditures and for which tax-
exempt obligations have not been used; and,
7. This resolution is adopted as official intent of the Agency in order to
comply with Treasury Regulation Sec. 1.150-2 and any other regulations
of the Internal Revenue Service relating to qualification for reimbursement
of Project costs; and,
8. Appoints the City Manager or his designee, as agent to conduct all
negotiations, execute and submit all documents including, but not limited
to applications, agreements, payment requests and so on, which may be
necessary for the completion of the aforementioned Project; and,
9. Hereby agrees and further does authorize the aforementioned
representative or his/her designee to certify that the Agency has and will
comply with all applicable state and federal statutory and regulatory
requirements related to any federal and state loan/grants received; and,
10. All recitals in this Resolution are true and correct and this Agency so
finds, determines and represents.
PASSED, APPROVED AND ADOPTED on this 15th day of February 2005.
ATTEST:
R. MONAHAN, CITY
/ ,1. � i
WYAY HART, MAYOR
2 02-15-2005
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 05-02-15-04 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 15th day of
February 2005, by the following vote:
AYES: COUNCIL MEMBERS: Allevato, Bathgate, Soto, Swerdlin, & Mayor Hart
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
R. MONAHAN,