HomeMy WebLinkAbout18-09 • •
RESOLUTION NO. 18-0 9
A RESOLUTION OF THE CITY COUNCIL
OF THE TOWN OF LOS ALTOS HILLS AUTHORIZING THE FILING OF AN
APPLICATION FOR FINANCIAL ASSISTANCE TO THE STATE WATER
RESOURCES CONTROL BOARD AND AUTHORIZING THE CITY
MANAGER TO SIGN AND FILE THE APPLICATION
WHEREAS,the Town of Los Altos Hills (the "Agency") desires to finance the
costs of constructing and/or reconstructing certain public facilities and improvements
relating to its water and wastewater system, including certain treatment facilities,
pipelines and other infrastructure (the "Project"); and
WHEREAS,the Agency 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 (the "Obligations"), and
WHEREAS,prior to either the issuance of the Obligations or the approval by the
State Water Board of the Project Funds the Agency desires to incur certain capital
expenditures (the "Expenditures") with respect to the Project from available moneys of
the Agency; and
WHEREAS,the Agency 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 Agency for the Expenditures from the
proceeds of the Obligations.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the Town of
Los Altos Hills that the City Manager is hereby authorized and directed to sign and file,
for and on behalf of the Town of Los Altos Hills, a Financial Assistance Application for a
financing agreement from the State Water Resources Control Board for the planning,
design, and construction of sewer lines; and
BE IT RESOLVED that the Town of Los Altos Hills hereby agrees and further
does authorize the aforementioned representative or his/her designee to certify that the
Agency has and will comply with all applicable state and federal statutory and regulatory
requirements related to any financing or financial assistance received from the State
Water Resources Control Board; and
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BE IT RESOLVED that the City Manager or his/her designee of the Town of
Los Altos Hills is hereby authorized to negotiate and execute a financial assistance
agreement from the State Water Resources Control Board and any amendments or change
orders thereto and certify financing agreement disbursements on behalf of the Town of
Los Altos Hills.
BE IT FURTHER RESOLVED as follows:
SECTION 1. The Agency 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 $35,000,000.
SECTION 3. This resolution is being adopted no later than 60 days after the date
on which the Agency will expend moneys for the portion of the Project costs to be
reimbursed with Project Funds.
SECTION 4. Each Agency 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,this Agency is not aware of the
previous adoption of official intents by the Agency 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 Agency in order
to comply with Treasury Regulation §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 this
Agency so finds, determines and represents.
AYES: Mayor Mordo, Mayor Pro Tern Warshawsky, Councilmember Kerr,
Councilmember Larsen, and Councilmember Summit
NOES: None
ABSENT: None
PASSED AND ADOPTED this 26th day of March, 2009.
By: ---
Jean Mordo, Mayor
ATTE T•
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CERTIFICATION
I do hereby certify that the foregoing is a full,true, and correct copy of a resolution duly
and regularly adopted at a meeting of the City Council of the Town of Los Altos Hills
held on March 26, 2009.
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Karen Jost, City Clerk the own of Los Altos Hills