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HomeMy WebLinkAboutAgenda Report - August 1, 2007 K-03AGENDA ITEM A% CITY OF LODI COUNCIL COMMUNICATION TM AGENDATITLE: Adopt Resolution Declaring the City of Lodi's Intentto Reimburse Certain Expenditures from Proceeds of Indebtedness for Wastewater Projects MEETING DATE: August 1,2007 PREPARED BY: Public Works Director RECOMMENDEDACTION: Adopt a resolution declaring the City of Lodi's intent to reimburse certain expenditures from proceeds of indebtedness for wastewater projects. BACKGROUND INFORMATION: The City of Lodi has entered into the Phase 3 construction project of the White Slough Water Pollution Control Facility, which is necessary to meet current and anticipated State of California regulatory requirements and improve treatment process reliability. The City is also planning to rehabilitate approximately five (5)miles of the Domestic Outfall Pipeline, a 48 -inch diameter reinforced concrete pipe initially installed during the late 1960's. The Phase 3 project is underway and the intended financing will be needed to pay for final project costs. Staff anticipates the initial phases of the pipelines work to commence in 2008. In order to recapture what are deemed as reimbursable expenses from future bond proceeds, it is necessaryfor the Council to adopt a resolution declaring this intent. The resolution does not commit the City to make any expenditures, incur any indebtedness, seek other financing means, or proceed with the project. The resolution only provides the City with the ability to seek reimbursements for already incurred and future cost should the City proceed with Certificates of Participation in the future. This resolution is solely for the purposes of establishing compliancewith the requirements of Section 1.150-2 of the Treasury Regulations. FISCAL IMPACT: The City's Financial Advisor, Tom Dunphy, has recommended taking this step, but he is also assisting the City in looking at alternatives to COP financing. FUNDING AVAILABLE: Not applicable. "A Richard C. Prima, Jr. Public Works Director Prepared by Rebecca Areida, Management Analyst 11 RCPIRAIpmf cc: Stephen Schwabauer, CityAttomey Charles Swimley, Water Services Manager Tom Dunphy APPROVED: Blair KiW, City Manager K:IWPIPROJECTSISEWERIWSWPCRWhiteSloughFinancing\C2007 Financing Reimbursement.doc 712012007 RESOLUTION NO. 2007-164 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTTO REIMBURSE CERTAIN EXPENDITURES FROM PROCEEDS OF INDEBTEDNESS WHEREAS, the City of Lodi (the "City") owns and operates a wastewater system (the "System") sewing the City and its inhabitants; and WHEREAS, the City intends to acquire, install, and construct additions, replacements, and improvements to the System, including outfall relocation, secondary plant improvements, a treatment wetland, and other improvements (the "Project"); and WHEREAS, the City expects to pay certain expenditures (the 'Reimbursement Expenditures") in connection with the Project prior to the issuance of indebtednessfor the purpose of financing costs associated with the Project on a long-term basis; and WHEREAS, the City reasonably expects that debt obligations in an amount not expected to exceed $28,000,000 will be issued in connection with the Project and that certain of the proceeds of such debt obligationswill be used to reimburse the Reimbursement Expenditures; and WHEREAS, proceeds of such debt obligations will be allocated to reimbursement expenditures no later than 18 months after the later of (i) the date the cost is paid, or (ii) the date the Project (or each component thereof) is placed in service or abandoned (but in no event more than three years after the cost is paid). NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council as follows: Section -1. The City finds and determines that the foregoing recitals are true and correct cti n 2. The City hereby declares its official intent to use proceeds of indebtedness to reimburse itself for Reimbursement Expenditures. Section 3. This declaration is made solely for purposes of establishing compliance with the requirements of Section 1.150-2 of the Treasury Regulations. This declaration does not bind the any' -- - Section 4. This resolution shall take effect from and after its adoption. Dated: August 1,2007 hereby certify that Resolution No. 2007-164 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 1,2007, by the following vote: AYES: COUNCIL MEMBERS- Hansen, Hitchcock, Katzakian, Mounce, and MayorJohnson NOES: COUNCILMEMBERS- None ABSENT: COUNCILMEMBERS- None ABSTAIN: COUNCIL MEMBERS- None r7 K�0— RANDI JOHL City Clerk 2007-164 CITY COUNCIL BOB JOHNSON, Mayor JOANNE L. MOUNCE Mayor Pro Tempore LARRY D. HANSEN SUSAN HITCHCOCK PHIL KATZAKIAN CITY OF LODI PUBLIC WORKS DEPARTMENT CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI. CALIFORNIA 95241-1910 (209) 333-6706 FAX (209) 333-6710 E M A I LepOdi.gov http:\ www.I I.gov July 27, 2007 Tom Dunphy, Executive Vice President LaMont Financial Services 3569 Perada Drive Walnut Creek, CA 94598 BLAIR KING City Manager RANDI JOHL City Clerk 0. STEVEN SCHWABAUER City Attorney RICHARD C. PRIMPS JR. Public Works Director SUBJECT: Adopt Resolution Declaring the City of Lodi's intent to Reimburse Certain Expend itu res from Proceeds of Indebtednessfor Wastewater Projects Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, August 1, 2007. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the regular calendar for Council discussion. You are welcome to attend. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Randi Johl, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Rebecca Areida, Management Analyst, at (209) 333-6800, extension 2658. Richard C. Prima, Jr. �pY Public Works Director RCPlpmf Enclosure cc: City Clerk NG2007 FINANCING REIMBURSEMENT.DOC