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2003-359RESOLUTION NO. 2003-359 A Resolution authorizing interfund borrowing to provide interim funding for the Clean Water Fund Project and to comply with requirements of the Wisconsin Clean Water Fund Loan Program WHEREAS, the City of Janesville has entered into an engineering agreement for engineering services for the construction plans and specifications for improvement of wastewater treatment facilities for the City of Janesville, in cooperation with Earth Tech, Inc.; and WHEREAS, the Wastewater Utility will make application for a Wisconsin Clean Water Fund Loan to assist in the financing of the design and construction of such facility improvements including the rehabilitation of the digestion system, modification of the aeration blowers and aeration tanks, and replacement of the underground energy recovery piping; and WHEREAS, the City desires to comply in all respects with the requirements of the Wisconsin Clean Water Fund Loan Program and to refrain from any financial activity which may be considered impermissible arbitrage; NOW, THEREFORE BE IT RESOLVED, by the Common Council of the City of Janesville that it hereby sets forth as its policy compliance with all requirements of the Wisconsin Clean Water Fund Loan Program so as to avoid impermissible arbitrage in financing and refinancing of the wastewater treatment facility design and construction, and otherwise; and BE IT FURTHER RESOLVED, that the City pay for services received from its Engineer prior to the approval of any loan(s) from the Wisconsin Clean Water Fund Loan Program and that such expenditures be paid from the general funds of the Utility and from the Sinking Fund established in 1984 for Treatment Plant repairs and maintenance; and BE IT FURTHER RESOLVED, that the City has the intent to seek financing and refinancing with the Wisconsin Clean Water Fund Loan to pay $1,600,000 of the expenditures for the design and construction of the Wastewater Treatment facility, all said financing and refinancing to be in compliance with the Wisconsin Clean Water Fund Loan Program so that the City may be eligible for all monies available under said program; and BE IT FURTHER RESOLVED, that the City may pay for services provided in conjunction with the design and construction of the Wastewater Treatment Plant facility performed by independent contractors which may not be included in billing for engineering services provided by Earth Tech, Inc. and seek reimbursement from the Wisconsin Clean Water Fund Loan Program from the general funds of the Utility; and BE IT FURTHER RESOLVED, that the City has the intent that Clean Water Fund Loan repayments be repaid with the revenues of the City sewer user charge system. ADOPTED: March 24, 2003 APPROVED: Steven E. Sheiffer, City Manager A~EST: APPROVED AS TO FORM: City Attorney' ~ / ' ' Proposed by: Utility Director Prepared by: Utility Director MOTION BY: Steeber SECOND BY: Brien COUNCILMEMBER AYE NAY PASS ABSENT STEEBER X MURPHY X DAMRON X WILLIAMS X DEGARMO X BRIEN X O'LEARY X