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HomeMy WebLinkAboutCC Res 6046 2010-08-09RESOLUTION NUMBER 6046 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ESTABLISHING A RESERVE FUND IN CONNECTION WITH ITS PARTICIPATION IN THE STATE WATER RESOURCES CONTROL BOARD'S CLEAN WATER STATE REVOLVING FUND LOAN PROGRAM WHEREAS, the State Water Resources Control Board, created under the California Water Code, Section 174 et seq. (the "Board "), offers several Clean Water State Revolving Fund programs (the "Programs ") pursuant to which entities can apply for a low interest rate loan in order to finance improvements to water and wastewater facilities; and WHEREAS, the City of Seal Beach (the "City ") applied for a loan (the "Loan ") from the Board pursuant to one of the Board's eligible Programs in order to obtain financing for improvements to its sewer system; and WHEREAS, the Loan will be paid back from net revenues of the sewer system (the "Net Revenues ") on a parity basis with the installment payments due under the Installment Sale Agreement, dated June 1, 2000 by and between the City and the Seal Beach Public Financing Authority (2000 Sewer System Financing Project) (the "Installment Sale Agreement ") relating to the City's outstanding Certificates of Participation (2000 Sewer System Improvement Project); and WHEREAS, the Installment Sale Agreement requires the City to establish and fund a reserve fund for any debt issued on parity with the City's installment payments due under the Installment Sale Agreement. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby establishes a "State Water Resources Control Board Loan - Reserve Fund" (the "Reserve Fund ") to be administered by the City in connection with the Loan. Section 2. Upon the start date of the Loan, the City Council hereby directs the City Manager to transfer to the Reserve Fund an amount equal to the lesser of: (i) the maximum annual payments to be made with respect to the Loan, (ii) 125 percent of the average annual payments to be made with respect to the Loan; or (iii) 10% of the principal amount of the Loan. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of August , 2010 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor S7296- 0001 \1059196v3.doc E �` k'�F ATTEST: � qty AC 0 T o Q ity lerk cFC O(/NTY G�� Resolution Number 6046 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6046 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of August , 2010. PROM 1 1 S7296-000 1\1 059196v3.doc