HomeMy WebLinkAbout11777RESOLUTION NO. 11777
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 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 renovation and/or replacement of existing sanitary sewer lift
stations and any other capital expenditures made in furtherance of or necessary to the
expansion, renovation and improvement of the sewage treatment system of the Sewer
Enterprise (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 the
Sewer Enterprise or third party funds for the Project); and
WHEREAS, the City Council, sitting as the governing body of the Sewer
Enterprise, previously adopted Resolution No. 11684 declaring an official intent to
reimburse the Sewer Enterprise from the proceeds of a future borrowing for capital
expenditures related to the financing of the construction of facilities to remove ammonia
at the water reclamation facility, installing a dewatering system, installing an ultraviolet
radiation disinfection system and installing a solar photovoltaic array, all of which capital
expenditures are related to the Project; and
WHEREAS, this resolution supplements Resolution No 11684; 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:
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 the 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 a supplemental 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 December 28, 2009.
INTRODUCED: December 28, 2009
BY: Michael Occhiato
COUNCILPERSON
APPROVED: Goa
PRESIDENT of City CoLrncil
ATTESTED BY:
CI Y CLERK
APPROVED AS TO FORM BY CITY ATTORNEY
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Z4 CIT"(ATTORNEY
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # M -5
DATE: DECEMBER 28, 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 future borrowings 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 improve maintenance
on in- ground tankage, to improve lift station reliability, and to increase the safety and
reliability of the disinfection process. 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
In 2009 the City Council 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. This Resolution will supplement Resolution No.
11684 which previously authorized reimbursement, so as to make replacement of
aging sanitary sewer lift stations eligible for reimbursement. If not passed and
approved by Council, any amount spent in advance of the loan closing for
sanitary sewer lift station work will be spent from cash reserves of the Sewer
User Fund and will not be eligible for reimbursement from loan proceeds.