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RESOLUTION NO. 2023-015 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA APPROVING A CONSTRUCTION <br />INSTALLMENT SALE AGREEMENT WITH THE <br />CALIFORNIA STATE WATER RESOURCES CONTROL <br />BOARD IN CONNECTION WITH THE FINANCING OF THE <br />SEPTIC TO SEWER ISLAND PROJECT AND <br />AUTHORIZING CERTAIN OTHER RELATED ACTIONS <br />WHEREAS, the City of Santa Ana wishes to finance the costs of certain design and <br />construction improvements to its water delivery infrastructure, specifically the Septic to <br />Sewer Island Project ("Project"); and <br />WHEREAS, the City intends to finance the Project or portions of the Project with <br />funds ("Project Funds") provided by the State of California, acting by and through the <br />State Water Resources Control Board ("State Water Board"); and <br />WHEREAS, the City previously adopted Resolution No. 2019-029 authorizing an <br />application for financial assistance to the State Water Board for the Project and <br />Resolution No. 2019-031 declaring its intention to use a portion of the Project Funds to <br />reimburse certain capital expenditures made prior to the receipt of Project Funds from <br />available moneys of the City in connection with the Project; and <br />WHEREAS, the City and State Water Board now desire to approve a Construction <br />Installment Sale Agreement ("2022 Installment Sale Agreement") for the purpose of <br />providing the terms relating to the distribution and repayment by the City of the Project <br />Funds and relating to the City's payment of certain installment payments; and <br />WHEREAS, under the 2022 Installment Sale Agreement, the installment payments <br />payable by the City will be secured by a pledge of and payable from Net Revenues (as <br />defined in the 2022 Installment Sale Agreement) of the City's Sewer Enterprise, as <br />described in Exhibit B to the 2022 Installment Sale Agreement. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa <br />Ana as follows: <br />Section 1. The recitals set forth above are true and correct and adopted as <br />findings in support of this Resolution. <br />Section 2. The City approves the Project Funds in an amount not to exceed <br />$1,529,220 with an interest rate not to exceed 2.60%. <br />Section 3. The 2022 Installment Sale Agreement, a copy of which is attached <br />as Exhibit A, is hereby approved in substantially the form thereof with changes as may <br />be approved by the City Manager or his or her designee (each an "Authorized <br />Representative"). Execution by an Authorized Representative of the 2022 Installment <br />Resolution No. 2023-015 <br />Page 1 of 3 <br />