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R112001 City Council Meeting: September 10, 2019 Santa Monica, California RESOLUTION NUMBER(CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO DEDICATE AND AND PLEDGE WASTEWATER FUND REVENUES TO PAYMENT OF ANY AND ALL CLEAN WATER STATE REVOLVING FUND AND/OR WATER RECYCLING FUND PROGRAM FINANCING FOR THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT WHEREAS, the California Water Action Plan and the City of Santa Monica's Sustainable Water Master Plan recognize that drought resiliency and a sustainable and secure water future must include the reuse of all locally available water resources, including traditionally non-potable sources such as municipal wastewater, brackish/saline groundwater, and urban and storm water runoff; and WHEREAS, the City has established among its sustainability goals the objective of reaching water self -sufficiency by the year 2023, concurrent with addressing the water conservation requirements made necessary by the current drought; and WHEREAS, the City seeks funding to construct certain public facilities and improvements relating to its water and wastewater system as part of the Sustainable Water Infrastructure Project (SWIP), including certain treatment facilities, pipelines, and other infrastructure; and 11200 DocuSign Envelope ID: 9507A573-4602-4E9C-AD5D-C164FCF4BFEE 2 WHEREAS, the City obtained grant funding in the amount of $56.9 million provided by the State of California acting by and through the California State Water Resources Control Board to fund a portion of the SWIP project; and WHEREAS, due to construction cost escalation and other factors, the construction budget for the SWIP has significantly increased from $69.9 million to $95.9 million; and WHEREAS, the City desires to seek additional loan funds from California State Water Resources Control Board in the amount of $19 million to fill the construction budget gap for the SWIP; and WHEREAS, the State Water Resources Board requires the City to dedicate and pledge revenues to payment of any and all Clean Water State Revolving Fund and/or Water Recycling Funding; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. City hereby dedicates and pledges the Wastewater Fund (Fund 51) to payment of any and all Clean Water State Revolving Fund and/or Water Recycling Fund Program financing for the Sustainable Water Infrastructure Project (SWIP). The City commits to collecting such revenues and maintaining such fund(s) throughout the term of such financing and until the City has satisfied its repayment obligation thereunder unless modification or change is approved in writing by the State Water Resources Control Board. So long as the financing agreement(s) are outstanding, the City’s pledge hereunder shall constitute a lien in favor of the State Water Resources Control Board on the foregoing fund(s) and revenue(s) without any DocuSign Envelope ID: 9507A573-4602-4E9C-AD5D-C164FCF4BFEE 3 further action necessary. So long as the financing agreement(s) are outstanding, City commits to maintaining the fund(s) and revenue(s) at levels sufficient to meet its obligations under the financing agreement(s). SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and henceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ______________________ LANE DILG City Attorney DocuSign Envelope ID: 9507A573-4602-4E9C-AD5D-C164FCF4BFEE Adopted and approved this 10th day of September 2019. __________________________ Gleam Davis, Mayor I, Nikima S. Newsome, Assistant City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11200 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 10th day of September 2019, by the following vote: AYES: Councilmembers Himmelrich, Jara, Morena, Winterer Mayor Davis, Mayor Pro Tem O’Day NOES: None ABSENT: Councilmember McKeown ATTEST: _____________________________________ Nikima S. Newsome, Assistant City Clerk DocuSign Envelope ID: 9507A573-4602-4E9C-AD5D-C164FCF4BFEE