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RES-2011-138 RESOLUTION NO. 2011 -138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR DESIGNEE TO SUBMIT AN APPLICATION FOR PRINCIPAL FORGIVENESS FUNDING (FUNDING) UNDER THE CLEAN WATER STATE REVOLVING FUND PROGRAM ON BEHALF OF THE CITY OF ANAHEIM TO THE STATE WATER RESOURCES CONTROL BOARD, AND IF AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH FUNDING ON BEHALF OF THE CITY AND AMENDING THE BUDGET FOR FISCAL YEAR 2011/2012 ACCORDINGLY. WHEREAS, the State Water Resources Control Board (the "State Water Board ") has heretofore invited public agencies, including the City of Anaheim (the "City "), to submit applications to the State Water Board for the Clean Water State Revolving Fund Program (CWSRF); and WHEREAS, the City desires to submit an application to the State Water Board for the following sanitary sewer improvement projects (the "Projects "): 1. Sewer improvement at Acacia Street, Romneya Drive and La Palma Avenue; 2. Sewer improvement at Cerritos Avenue from Nutwood Street to Brookhurst Avenue; 3. Sewer improvement at Rio Vista Street and Jackson Avenue; 4. Sewer improvement at Arbor Street and Romneya Drive. WHEREAS, the City is familiar with the terms, conditions and limitations of any such Funding; and WHEREAS, the City is willing and able to conform to each of the terms, conditions and limitations imposed upon any such Funding to the City; and WHEREAS, the City desires to accept any such Funding which may be awarded to the City; and WHEREAS, the City Council desires to amend the annual budget of the City to reflect and incorporate any Funding so awarded to the City, and to increase the annual appropriations and expenditures in the appropriate City program to reflect such award. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. The Director of Public Works or her designee is hereby authorized to submit an application for and on behalf of the City of Anaheim, a public entity established under the laws of the State of California, to the State Water Board and any such action is hereby ratified and approved. 2. The City has available, prior to commencement of any work on the Project, the sufficient funds to complete the Projects should the Funding be awarded. 3. The City has sufficient funds to operate and maintain the Projects. 4. The City of Anaheim Director of Public Work or her designee is hereby authorized to execute and take any actions necessary for the purpose of obtaining financial assistance provided by the State Water Board, including extensions and amendments thereof. 5. The City of Anaheim agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. 6. The City of Anaheim hereby agrees to comply with each and all of the terms, conditions and limitations imposed by the State Water Board upon said Funding, and the City of Anaheim Director of Public Works or her designee is hereby authorized and directed to execute any agreements, assurances, or other documents as may be necessary in connection with the acceptance and implementation of said Funding as may be required by the State Water Board. 7. The annual budget of the City of Anaheim for fiscal year 2011 -12 is hereby amended by increasing the appropriations and authorized expenditures in such amount as is equal to the amount of Funding to be received by the City. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 11th day of October , 2011 by the following roll call vote: AYES: Mayor Tait, Council Members Sidhu, Eastman, Galloway and Murray NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM BY: ,' �'L'2'� r // _ 2/ MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF A HEIM 86513.v1/MGordon