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HomeMy WebLinkAboutCC Res 7308 2022-06-27 RESOLUTION 7308 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DESIGNATING THE AMOUNT OF PROJECT EXPENDITURES TO BE REIMBURSED FROM THE STATE WATER RESOURCES CONTROL BOARD DRINKING WATER STATE REVOLVING FUND FOR THE BEVERLY MANOR PUMP STATION REHABILITATION (WT 0904) AND LCWA WATERMAIN LINING (WT 2103) PROJECT WHEREAS, the City of Seal Beach ("City") desires to finance the cost of constructing and/or reconstructing certain public facilities and improvements related to its water system, including certain treatment facilities, pipelines and other infrastructure for the Beverly Manor Pump Station Rehabilitation (WT 0904) and LCWA Watermain Lining (WT 2103) Project ("Project"); and, WHEREAS, 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"); and, WHEREAS, the State Water Board may fund the Project Funds with proceed from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes ("Obligations"); and, WHEREAS, prior to either the issuance of Obligations or the approval by the State Water Board of the Project Funds the City desires to incur certain capital expenditures ("Expenditures") with respect to the Project from available moneys of the City; and, WHEREAS, 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 to reimburse the City for the Expenditures from the proceeds of the Obligations. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: 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 $10,500,000. 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 a capital account under general federal income tax principles. Section 5. To the best of our knowledge, the City is not aware of the previous adoption of official intents by the City that has been made as a matter of course for the purpose of reimbursing expenditures 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 Section 1 .150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs. Section 7. The City Council finds that this Resolution does not constitute a project within the meaning of the California Environmental Quality Act ("CEQA"), pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378(b)(5), because it can be seen with certainty that the action will not have a significant effect on the environment. Section 8. All the recitals of this Resolution are true and correct and the City so finds, determines and represents. - PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 27th day of June, 2022 by the following vote: AYES: Council Members: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None vci'Ll-0441/C. Joe Kalmick, Mayor .= ATTEST: �QOAATfO'.,!S'\ o =;o ~ Dana Engstrom, Acting City "� �'n ,N,,`, STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Dana Engstrom, Acting City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7308 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 27th day of June, 2022. ana Engstrom, Acting City Clerk