HomeMy WebLinkAbout11684RESOLUTION NO. 11684
A RESOLUTION DECLARING AN OFFICIAL INTENT TO REIMBURSE
THE CITY OF PUEBLO, COLORADO'S SEWER ENTERPRISE FROM
THE PROCEEDS OF A FUTURE BORROWING FOR CAPITAL
EXPENDITURES AND PROVIDING CERTAIN OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City of Pueblo, in the County of Pueblo and State of Colorado
(the "City "), is a municipal corporation duly organized and existing as a home rule city
pursuant to Article XX of the Constitution of the State of Colorado (the "State ") and the
home rule charter of the City (the "Charter "); and
WHEREAS, under the Charter, the City is possessed of all powers which are
necessary, requisite or proper for the government and administration of its local and
municipal affairs, all powers which are granted to home rule municipalities by the
Colorado Constitution, and all rights and powers that now or hereafter may be granted
to municipalities by the laws of the State; and
WHEREAS, the City owns and operates a municipal sanitary sewer system (the
"Sewer Enterprise "); and
WHEREAS, the legislative powers of the City are vested in a governing board of
council members, known as the city council (the "City Council "), which also operates as
the governing body of the Sewer Enterprise; and
WHEREAS, the City Council, sitting as the governing body of the Sewer
Enterprise, has determined that it is to the benefit of the users of the Sewer Enterprise
that the City finance the construction of facilities to remove ammonia at the water
reclamation facility, install a dewatering system, install an ultraviolet radiation
disinfection system and install a solar photovoltaic array (collectively, the "Project "); and
WHEREAS, the City's Sewer Enterprise reasonably expects to expend its funds
for capital expenditures related to the Project in the future; and
WHEREAS, the City, acting by and through its Sewer Enterprise, currently
intends and reasonably expects to participate in a borrowing to finance the Project,
including moneys to reimburse the Sewer Enterprise or third parties for capital
expenditures made by either of them for the Project prior to the availability of funds from
such borrowing; and
WHEREAS, the initial expenditure of funds of the Sewer Enterprise or the third
parties for the Project will likely occur on a date that is prior to such borrowing; and
WHEREAS, such borrowing by the Sewer Enterprise shall occur within 18
months of either the date that the Sewer Enterprise or the third parties first expended
funds for the Project or the date that the Project is placed in service, whichever is later
(but in no event more than three years after the date of the original expenditure of
Sewer Enterprise or third party funds for the Project); and
WHEREAS, the City Council, sitting as the governing body of the Sewer
Enterprise, hereby desires to declare its official intent, pursuant to 26 C.F.R. § 1.150 -2,
to reimburse the Sewer Enterprise or third parties for expenditure of funds for the
Project from the proceeds of a future borrowing of the City, acting by and through its
Sewer Enterprise.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO,
COLORADO, that
SECTION 1 . Dates of Capital Expenditures. All of the capital expenditures covered
by this Resolution were or will be made not earlier than 60 days prior to the date of this
Resolution.
SECTION 2 . Declaration of Official Intent. The City, acting by and through its Sewer
Enterprise, presently intends and reasonably expects to participate in a borrowing within
18 months of either the date of the first expenditure of funds by the Sewer Enterprise or
third parties for the Project or the date that the Project is placed in service, whichever is
later (but in no event more than three years after the date of the original expenditure of
Sewer Enterprise or third party funds for the Project), and to allocate an amount not to
exceed $10,000,000 of the proceeds thereof to reimburse the Sewer Enterprise or the
third party for its expenditures in connection with the Project.
SECTION 3 . Resolution Number. This is the first resolution of the City, acting by and
through its Sewer Enterprise, declaring its intent to reimburse itself or third parties for
the Project from proceeds of a borrowing.
SECTION 4 . Confirmation of Prior Acts. All prior actions of the officials and agents
of the City and its Sewer Enterprise that are in conformity with the purpose and intent of
this Resolution and in furtherance of the Project shall be and the same hereby are in all
respects ratified, approved and confirmed.
SECTION 5 . Effective Date of Resolution. This Resolution shall take effect
immediately upon its adoption.
INTRODUCED AND ADOPTED at a duly called and held meeting of the City Council,
sitting as the governing body of the Sewer Enterprise, on August 24, 2009.
A77TSTDD SY:
CITY CLERK
INTRODUCED: August 24, 2009
BY: Judy Weaver
} C � OUNCILPERSON
APPR D' } �-
PRESIDENTaf City Council
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # M -12
DATE: AUGUST 24, 2009
DEPARTMENT: WASTEWATER DEPARTMENT
GENE MICHAEL, DIRECTOR
TITLE
A RESOLUTION DECLARING AN OFFICIAL INTENT TO REIMBURSE THE CITY OF
PUEBLO, COLORADO'S SEWER ENTERPRISE FROM THE PROCEEDS OF A
FUTURE BORROWING FOR CAPITAL EXPENDITURES AND PROVIDING CERTAIN
OTHER MATTERS IN CONNECTION THEREWITH
ISSUE
Should the City Council adopt a resolution declaring an official intent to reimburse the
City of Pueblo, Colorado's Sewer Enterprise from the proceeds of a future borrowing for
capital expenditures and providing certain other matters.
RECOMMENDATION
Approve this Resolution.
BACKGROUND
The Sewer Enterprise is undertaking major improvements to the James R. Dilorio Water
Reclamation Facility in order to comply with new regulations, to increase the safety and
reliability of the disinfection process, and to provide for alternative energy generation.
These improvements will be funded through loan programs provided by the Federal and
State governments. Under the terms of the loan agreements, the City will make
payments to contractors, and then will be reimbursed from approved loans for the cost
of those payments. This resolution provides the City with a legal instrument allowing it
to accept reimbursements from the loans.
FINANCIAL IMPACT
City Council has previously authorized the amount of $4,500,000 to be spent from the
cash reserves of the Wastewater utility for preliminary work necessary to begin the
project. It is anticipated that any monies spent from the reserves will be replenished
from proceeds of future loans and borrowings. This Resolution will authorize the
reimbursement. If not passed and approved by Council, any amount spent in advance
of the loan closing will be permanently spent from the cash reserves of the Wastewater
fund.