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2014-1070 RESOLUTION NO. 2014 -1070 A RESOLUTION authorizing the City of Janesville's submittal of a 2014 Wisconsin Department of Natural Resources (DNR) Municipal Dam Grant application. WHEREAS, the Common Council of the City of Janesville recognizes the importance of maintaining the City's infrastructure; and WHEREAS, by adopting this Resolution, the Common Council declare their intent for the City Administration to prepare and submit a 2014 Wisconsin Department of Natural Resources (DNR) Municipal Dam Grant application for financial aid under ch. NR 335, Wis. Adm. Code; and WHEREAS, the City of Janesville owns the Monterey Dam and requests financial assistance under s. 31.385 and s. 227.11, Wis. Stats., and ch. NR 335, Wis. Adm. Code, and related statutes and codes, for the purpose of dam repair; and WHEREAS, the State share for such a project may not exceed fifty percent (50 %) of the first $400,000 of total eligible project costs nor twenty five percent (25 %) of the next $800,000 of total eligible project costs; and WHEREAS, by applying for this grant, the City of Janesville agrees to and shall pay the local share of the project, currently estimated in the amount of One Hundred Eight Thousand Two Hundred Seventy Four and 00/100 Dollars ($108,274.00), of the total project costs from future City borrowing proceeds; and WHEREAS, the City of Janesville will maintain records documenting all expenditures made during the planning process and abide by the necessary reporting responsibilities as determined by the Wisconsin DNR; and WHEREAS, the City of Janesville will work cooperatively with employees, agents, and representatives of the Wisconsin DNR when completing repair work on the Monterey Dam; and WHEREAS, the City of Janesville intends to comply with all requirements of law in accord with the Wisconsin DNR; and WHEREAS, the City of Janesville intends to comply with all requirements of and will submit all documents and participation requirements, including but not limited to final reports, to the Wisconsin DNR; and WHEREAS, the Common Council hereby find that this grant application, grant, and program are each in the best interest and of benefit to the City of Janesville. NOW, THEREFORE, IT IS HEREBY RESOLVED by the Common Council of the City of Janesville that: 1. Each of the above introductions and recitals are incorporated herein by reference as if fully set forth verbatim; and 2. The City Administration is authorized on behalf of the City of Janesville to prepare and submit applications for and request funding and assistance available from the Wisconsin DNR and related State and other programs and sources for this particular project as described and set forth above; 3. The City of Janesville shall take any and all necessary actions to undertake, direct, and complete approved grant activities, and to comply with State rules for the program(s); and 4. The City of Janesville agrees to and shall pay a local share of the eligible costs in an amount that is equal to the total project costs less the State share; and BE IT FURTHER RESOLVED, by the Common Council of the City of Janesville that they hereby approve and authorize the City Administration to take actions necessary to provide the local share "matching" funding for this project, currently estimated in the amount of One Hundred Eight Thousand Two Hundred Seventy Four and 00/100 Dollars ($108,274.00), of the total project costs, to come from future City borrowing proceeds; and that no funds from sources other than future borrowing on promissory notes or bonds are expected to be used, reserved, allocated on a long -term basis, or otherwise set aside by the City for the project, except as permitted by the Internal Revenue Code of 1986, as amended. This declaration of official intent is consistent with the budgetary and financial circumstances of the City. The purpose of this Resolution is to satisfy the "official intent requirement" of Treasury Regulation Section 1.150 -2; and BE IT FURTHER RESOLVED, that the City Manager and his designee(s), on behalf of the City of Janesville, is /are hereby jointly and severally authorized and empowered to negotiate, draft, review, revise, modify, amend, execute, enter into, file and /or record additional applications, agreements, amendments, documents, reports, and letters of understanding concerning this matter, and to take whatever additional other actions that the City Manager may determine in his sole discretion, from time to time and at any time, necessary and /or desirable in the public interest to effectuate the intent of this Resolution. ADOPTED: January 13, 2014 Motion by: Kealy Second by: Liebert APPROVED: Councilmember Aye Nay Pass Absent Fitzgerald X X Mark A. Fre Farrell ag, City Manager Kealy X Liebert X ATTEST: Marklein X Severson X �,• Voskuil X Je -n Ann Wulf, 'i y Clerk- 'reasur; APPROVED AS TO FORM: /-6(W Wald Klimczyk, City Attorney Proposed by: City Manager's Office Prepared by: City Manager's Office & City Attorney Resolution 2014 WDNR Dam Grant — Resolution 2014- 1070.doc