RESOLUTION R2020- 138
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MANTECA, TO APPROVE THE AGREEMENT WITH THE
STATE WATER RESOURCES CONTROL BOARD TO
OBTAIN $ 5 MILLION GRANT
WHEREAS, the Nile Garden Well 30 Drinking Water Supply Project, State Water Resources Control Board Project Number 3910005- 001 C (" the Project"), was created to build the new Well 30 and piping to provide drinking water to the Nile Garden Elementary School because the school' s onsite well no longer meets drinking water standards; and WHEREAS, the City of Manteca ("the City") and the Manteca Unified School District collaborated to obtain a grant totaling approximately $ 5 million from the State Water Resources Control Board to cover the costs of the Project; and WHEREAS, the City of Manteca is the applicant for the State Water Resources Control construction grant; and
WHEREAS, the City of Manteca intends to assume Lead Agency role for implementation and construction of this Project; and
WHEREAS, the City Manager is ( the "Authorized Representative"), or designee is hereby authorized and directed to sign and file, for and on behalf of the City of Manteca, the Agreement with the State Water Resources Control Board for the planning, design, and construction of Nile Garden Well 30 Project (the "Project"); and WHEREAS, this Authorized Representative, or his/ her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement, and the State Water Resources Control Board Agreement Number D1902047 (the "Agreement") from the State Water Resources Control Board and any amendments or changes thereto; and
WHEREAS, the Authorized Representative, or his/ her designee, is designated to represent the City of Manteca in carrying out the City's responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws; and
WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
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NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Manteca, as follows:
1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct, and establish the factual basis for the City Council' s adoption of this Resolution.
2. Each City expenditure will be of a type properly chargeable to a capital account under general federal income tax principles.
3. To the best of our 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.
4. This resolution is adopted as official intent of the City 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.
5. The City Manager is ( the " Authorized Representative"), or designee is hereby authorized and directed to sign and file, for and on behalf of the City of Manteca, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board, and the Agreement for the planning, design, and construction of Nile Garden Well 30 Project.
6. The City Council authorizes Public Works staff to fill out the necessary documents to submit to the State of California for receipt of the grant funds and authorizes the City Manager to sign the same.
7. Approve a budget of$ 500, 000 for the Capital Improvement Project included in the Fiscal Year 20-2021 to cover the cost of the 12- in pipeline and to cover costs of construction at the beginning of the project.
8. Authorize the City Attorney to complete and sign the Form of Opinion letter required by the State Water Board.
9. All the recitals in this Resolution are true and correct and the City so finds, determines and represents.
10. This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Manteca at a public meeting of said City Council held on the 18tn day of August, 2020, by the following vote:
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AYES: Breitenbucher, Moorhead, Nuno, Singh, Cantu
NOES: None
ABSENT: None
ABSTAIN: None
MAYOR:
tENJAMlftJ. CANTU
Mayor
X7
ATTEST:
JOHN TRESIDDER
City Clerk
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