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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______ Resolution No. ___________ RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, AUTHORIZING THE EXECUTION
OF CONTRACT S ANNUALLY FOR UNCONTROLLED
SEASON WATER, SECTION 215 WATER, RECOVERED
WATER ACCOUNT WATER, AND RECAPTURED WATER
BETWEEN THE UNITED STATES DEPARTMENT OF THE
INTERIOR, BUREAU OF RECLAMATION AND THE CITY
OF FRESNO THROUGH FEBRUARY 28 , 202 5, AND
AUTHORIZING THE DIRECTOR OF PUBLIC UTIL ITIES TO
PURCHASE AND ACCEPT THE AFOREMENTIONED
WATER ANNUALLY IN AN AMOUNT NOT TO EXCEED $4
MILLION
WHEREAS, the City of Fresno (City) has entered into a contract (9D Contract) with the United States Department of the Interior, Bureau of Reclamation (USBR) providing for a Class 1 allocation of Central Valley Project Water from Millerton Lake; and WHEREAS, through the 9D Contract a variety of additional types of water supplies may become available based on precipitation and high Sierra snowpack; and WHEREAS, the USBR, may offer the sale of Uncontrolled Season water, Section 215 water, Recovered Water Account water, and Recaptured water through February 28, 2025; and
WHEREAS, the City has existing facilities through which it can take delivery of this water; and
WHEREAS, each Water Year, City staff will determine a need for any water made available by the USBR, and that taking said water would cause no apparent detriment to the City; and
WHEREAS, each year water is available the USBR will present to the City the opportunity to purchase said water, sometimes on short notice; and
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WHEREAS, historically the USBR has also required that Council adopt a resolution of intent to enter into the required contracts prior to execution of such contracts; and WHEREAS, authorizing the Director of Public Utilities or designee to enter into agreements to purchase said water will benefit the City by allowing it to maximize access to water.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. Council authorizes the Director of Public Utilities or designee to purchase Uncontrolled Season water, Section 215 water, Recovered Water Account water, and Recaptured water through February 28 , 2025, should such water be made available by the United States Department of the Interior, Bureau of Reclamation (USBR), at rates to be determined annually by the USBR.
2. The Director is authorized to purchase the aforementioned water annually, in an amount not to exceed $4 million.
3. Council authorizes the Director of Public Utilities or designee to request and execute contracts between the US BR and the City of Fresno for Uncontrolled Season water, Section 215 water, Recovered Water Account water, and Recaptured water , subject to approval as to form by the City Attorney’s Office, to facilitate the purchase and acceptance of this water annually through February 28, 2025.
4. This resolution shall be effective upon final approval.
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2023.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2023
Mayor Approval/No Return: , 2023
Mayor Veto: , 2023
Council Override Vote: , 2023
TODD STERMER, CMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Jennifer M. Quintanilla Date
Senior Deputy City Attorney