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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 DIRECTOR
OF PUBLIC UTILITIES OR DESIGNEE(S) TO PREPARE
AND SUBMIT APPLICATIONS, ACCEPT FUNDS, AND
EXECUTE THE FINANCIAL ASSISTANCE AGREEMENTS
AND ANY AMENDMENTS THERETO WITH THE
CALIFORNIA STATE WATER RESOURCES CONTROL
BOARD ON BEHALF OF THE CITY OF FRESNO FOR THE
PLANNING, DESIGN, AND CONSTRUCTION OF WATER
INFRASTRUCTURE TO SERVE THE C OMMUNITIES OF
NEW HORIZON AND DEL ORO: CITY OF FRESNO
REGIONAL CONSOLIDATION PROJECT GROUP 1
WHEREAS, the communities of New Horizons Mobile Home Park (NHMHP) and Del Oro -Metropolitan District ( Del Oro) , known as the City of Fresno R egional Consolidation Project Group 1, h ereby ref erred to as the Proj ect Benefici aries, are located outside of city limits but within the City’s Sphere of Influence (SOI); and WHEREAS, t he P roject Beneficiaries have been identified as D isadvantaged Communities ( DAC) per State Water Resources Control Board ( SWRCB) Division of Financial Assistance criteria; and
WHEREAS, the Project Beneficiaries are served by residential groundwater wells and are not connected to the City’s drinking water distribution system; and WHEREAS, the Project Beneficiaries have been identified by the SWR CB as in urgent need of safe and reliable drinking water due to current groundwater w ells that are either unsafe for consumption or vulnerable to failure; and WHEREAS, the Project Beneficiaries desire to connect to the City of Fresn o (City) drinking water distribution system to alleviate ris ks to public health and gain access to a stable source of safe drinking water; and
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WHEREAS, pursuant to Califor nia Government C ode section 56133(c), the Fresno Local A rea Form ation Commission (LAFCo) may authorize a city or special district to provide new or extended serv ices outside of its jurisdictional bounda ries and outside of city limits or its SOI to respond to an existing or impending threat to the health or safety of the public or residents of the affected territory; and WHEREAS, prior to executing any agreements with the SWRCB for funding, DPU will ob tain approval from LAFCo for the extension of water and s ewer services to the Project Beneficiaries; and
WHEREAS, prior to connecting to the City’s water distribution system, the Project Beneficiaries will enter into Extraterritorial Service Agreements with the City; and WHEREAS, the SWRCB has funding available through their Expedited Drinking Water Grant program (EDWG) that prioritizes safe, clean, reliable drinking water solutions for small, disadvantaged communities; and
WHEREAS, the Department of Publ ic Utilities intends to apply for funding through EDWG to fund installation of wat er extensions to serve the P roject Beneficiaries; and
WHEREAS, the SWRCB requires that the governing body of the applicant submit a resolution designating an authorized representative or t heir designee(s) to prepare and submit applications, accept funds, and execute the financial assistance agreements and any amendments thereto.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The Council of the City of Fresno, California authorizes this resolution. 3 of 4
2. The Director of Public Utilities (Authorized Representative) or designee(s) is authorized to prepare, sign, and file, for and on behalf of the City, a financ ial assistance application for a financial assistance agreement from the State Water Resources Control Board (SWRCB) and accept funds for the planning, design, and construction of the City of Fresno R egional Consolidation Project Group 1 to serve New Horizons Mobile Home Park and Del Oro-Metropolitan District.
3. The Authorized Re presentative or designee(s) is authorized and designated to provide the assurances, certifications, and commitments require d for the financial assistance application, in cluding executing a financial assistanc e agreement with the SWRCB and any amendment or changes thereto.
4. The Authorized Representative or designee(s) is designated to represent the City in carryi ng out the Ci ty's responsibilities under the financing agreements, including certifying disbursement requests on behalf of the City and compliance wit h applicable state and federal laws.
5. Subject to the foregoing provisions, the City certifies it has legal authority to participate in the aforementioned financial assistance programs with the state and federal government.
6. Nothing in this resolution binds or obligates the City's general fund, taxing authority, or borrowing power.
7. 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 th e 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