2 Resolution Rescinding Resolution No. 2015-10 and Authorizing the City Manager to Execute Documents, Approve Claims for Reimbursement and Represent the City as Required by the State Water Resources Control Board as Part of the Drinking Water State Revolving Fund (DWSRF) Application.

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Meeting Date FEBRUARY 02, 2016

STAFF REPORT

AGENDA ITEM: Resolution Rescinding Resolution 2015-10 and Authorizing the City Manager to execute documents, approve claims for reimbursement and represent the City as required by the State Water Resources Control Board as Part of the Drinking Water State Revolving Fund (DWSRF) Application.

MEETING DATE: February 2, 2016

PREPARED BY: Alfonso Manrique, Alternate City Engineer

REVIEWED BY: Odi Ortiz, Interim City Manager

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RECOMMENDATION:

Consider adopting Resolution No. 2016-_, Rescinding Resolution No. 2015-10 and authorizing the City Manager to execute documents, approve claims for reimbursement and represent the City as required by the State Water Resources Control Board as Part of the Drinking Water State Revolving Fund (DWSRF) Application.

BACKGROUND:

The City is applying to the SWRCB DWSRF to fund the planning, design and construction of the Well #13 – Arsenic Removal Treatment System Improvements. The SWRCB requires that the applicant’s Governing Board adopt a resolution authorizing the City Manager to sign the financing agreement, amendments, and certifications for funding, to approve claims for reimbursement, to execute budget and expenditure summary, to sign final release form and certification of the project completion, and pledging and dedicating net water revenues to pay DWSRF financing.

The City adopted Resolution No. 2015-10 at the March 3, 2015 meeting. A copy of Resolution 2015-10 is attached to this Staff Report for reference. Resolution 2015-10 authorized the "Interim City Manager" instead of the "City Manager." The attorneys at the SWRCB have requested that the City rescind Resolution 2015-10 and adopt a new resolution authorizing the City Manager.

DISCUSSION:

The adoption of this resolution is required by the SWRCB to continue the preparation of a funding agreement for Well # 13.

FISCAL IMPACT:

Rescinding Resolution 2015-10 and adopting the new Resolution has no immediate fiscal impact. When the funding agreement is approved and the funds are disbursed, the City will have to pledge revenues from the water fund to repay the loan. The debt service from this loan was included in the last rate study prepared by the City.

ATTACHMENTS:

1. Resolution No. 2016 – titled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON RESCINDING RESOLUTION NO. 2015-10 AND AUTHORIZING THE CITY MANAGER TO SIGN FINANCING AGREEMENT, AMENDMENT, AND CERTIFICATIONS FOR FUNDING UNDER THE DRINKING WATER STATE REVOLVING FUND (DWSRF); AUTHORIZING CITY MANAGER TO APPROVE CLAIMS FOR REIMBURSEMENT,· AUTHORIZING CITY MANAGER TO EXECUTE BUDGET AND EXPENDITURE SUMMARY; AUTHORIZING CITY MANAGER TO SIGN THE FINAL RELEASE FORM AND THE CERTIFICATION OF PROJECT COMPLETION; AND PLEDGING AND DEDICATING NET WATERREVENUES TOWARDS PAYMENT OF DWSRF FINANCING. "

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2. Resolution No. 2015-10.

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