HomeMy WebLinkAbout2019-027 - Authorizing the Reimbursement of Funding for the Well 32 Nitratejmf 3/8/19
RESOLUTION NO. 2019-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING THE REIMBURSEMENT OF
FUNDING FOR THE WELL 32 NITRATE TREATMENT AND
REHABILITATION PROJECT FROM THE STATE WATER
RESOURCES CONTROL BOARD
WHEREAS, the City of Santa Ana ("City") desires to finance the costs of
constructing and/or reconstructing certain public facilities and improvements relating to
its water and wastewater system, specifically the Well 32 Nitrate Treatment and
Rehabilitation 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 proceeds from
the sale of obligations the interest upon which is excluded from gross income for federal
income tax purposes ("Obligations'); and
WHEREAS, prior to 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
("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, BE IT RESOLVED by the City Council of the City of Santa
Ana 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 $5,290,000.
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.
Resolution No. 2019-027
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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 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 Section 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 the City so
finds, determines, and represents.
Section 8. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 7th day of May, 2019.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
J n M. Funk
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
* Ward 4 representative vacant.
Resolution No. 2019-027
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Iglesias, Penaloza Pulido, Sarmiento, Solorio,
Villegas(6)
None (0)
None (0)
None (0)
jmf 3/8/19
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2019-027 to be the original resolution adopted by the City Council of the
City of Santa Ana on May 7, 2019.
C� ���,
Norma Mitre
Acting Clerk of the Council
City of Santa Ana
Resolution No. 2019-027
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