HomeMy WebLinkAboutRESO 9945Attachment A SR-11834
Resolution No. 9945
Resolution of the Council of the City of Palo Alto Authorizing the
Reimbursement of Funding for the Regional Water Quality Control Plant
Secondary Treatment Upgrades from the State Water Resources Control
Board
R E C I T A L S
A. The City of Palo Alto (the “City”) desires to finance the costs of constructing
and/or reconstructing certain public facilities and improvements relating to its water and
wastewater system, including certain treatment facilities, pipelines and other
infrastructure (the "Project").
B. The City intends to finance the construction and/or reconstruction 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 (State Water
Board).
C. The State Water Board may fund the Project Funds with proceeds from the
sale of obligations the interest upon which is excluded from gross income for federal
income tax purposes (the "Obligations").
D. Prior to either the issuance of the Obligations or the approval by the State
Water Board of the Project Funds the City desires to incur certain capital expenditures (the
"Expenditures") with respect to the Project from available moneys of the City.
E. The City 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 for the State Water Board to reimburse the City for the Expenditures from the
proceeds of the Obligations.
NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. The City hereby states its intention and reasonably expects to
reimburse Expenditures paid prior to the issuance of the Obligations or the approval by
the State Water Board of the Project Funds.
SECTION 2. The reasonably expected maximum principal amount of the Project
Funds is $160 million.
DocuSign Envelope ID: EA3BDD80-9E8E-49A5-A2AF-046BD8B4984F
Attachment A SR-11834
SECTION 3. This resolution is being adopted no later than 60 days after the date
on which the City will expend moneys for the construction portion of the Project costs to
be reimbursed with Project Funds.
SECTION 4. Each City expenditure will be of a type properly chargeable to the
Wastewater Treatment Enterprise Fund Capital Improvement Program (Project WQ-
19001), Secondary Treatment Upgrades Project, under general federal income tax
principles.
SECTION 5. To the best of its knowledge, the City is not aware of the previous
adoption of official intents by the City that have been made as a matter of course for
the purpose of reimbursing expenditures and for which tax-exempt obligations have
not been issued.
SECTION 6. This resolution is adopted as official intent of the City in order to
comply with Treasury Regulation §1.150-2 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 City so
finds, determines and represents.
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DocuSign Envelope ID: EA3BDD80-9E8E-49A5-A2AF-046BD8B4984F
Attachment A SR-11834
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SECTION 8. The Council finds that its adoption of this Resolution authorization of
funding reimbursement does not meet the definition of a project under Public Resources
Code Section 21065 and CEQA Guidelines Section 15378(b)(5), because it is an
administrative governmental activity which will not cause a direct or indirect physical
change in the environment.
INTRODUCED AND PASSED: March 1, 2021
AYES: BURT, CORMACK, DUBOIS, FILSETH, KOU, STONE, TANAKA
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Deputy City Attorney City Manager
Director of Public Works
DocuSign Envelope ID: EA3BDD80-9E8E-49A5-A2AF-046BD8B4984F
Certificate Of Completion
Envelope Id: EA3BDD809E8E49A5A2AF046BD8B4984F Status: Completed
Subject: Please DocuSign: RESO 9945 Reimbursement Resolution STU Project.docx
Source Envelope:
Document Pages: 3 Signatures: 5 Envelope Originator:
Certificate Pages: 2 Initials: 0 Danielle Kang
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250 Hamilton Ave
Palo Alto , CA 94301
Danielle.Kang@cityofpaloalto.org
IP Address: 199.33.32.254
Record Tracking
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3/2/2021 4:53:25 PM
Holder: Danielle Kang
Danielle.Kang@cityofpaloalto.org
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Aylin Bilir
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Deputy City Attorney
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Brad Eggleston
Brad.Eggleston@CityofPaloAlto.org
Director of Public Works
City of Palo Alto
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Ed Shikada
Ed.Shikada@CityofPaloAlto.org
Ed Shikada, City Manager
City of Palo Alto
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Tom DuBois
tomforcouncil@gmail.com
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Beth Minor
beth.minor@cityofpaloalto.org
City Clerk
City of Palo Alto
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Tom DuBois
tomforcouncil@gmail.com
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