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HomeMy WebLinkAboutOrd 1218-1998 ORDINANCE NO. 1218-98 AN ORDINANCE FSTARIJISHING A WASTEWATER CAPITAl. RFSERVE FUND A. WHEREAS, the City of South San Francisco has applied for a State Revolving Fund loan for Water Quality Control Plant (WQCP) Expansion Project No. C-06-4614-110; and B. WHEREAS, state law requires that all recipients of State Revolving Fund loans shall create a dedicated Wastewater Capital Reserve Fund (WCRF) for expansion, major repair, or replacement of wastewater treatment facilifes; and C. WHEREAS, the State Revolving Fund loan contract will not be issued until an ordinance creating the WCRF is enacted by the City; and D. WHEREAS, state policy has established the requirements for the WCRF. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. ESTARI ISHMENT A Wastewater Capital Reserve Fund is hereby established. 2. USE OF FUNDS Money deposited in the WCRF shall be available for the costs for planning, design and construction of capital improvements to the WQCP. 3. FUNDING Sufficient funds shall be deposited to build up the WCRF at a minimum rate of one-half of one percent of the State Revolving Fund loan amount each year for a period of ten years. 4. INTEREST All interest earned on deposits to the WCRF shall remain in the WCRF for the uses specified in Section 3 herein. Any amounts expended from the WCRF shall be replaced by depositing at a minimum annual rate of ten percent of the expended amount. 5. UNUSED RONDING CAPAI~II.ITY. A. Unused bonding capability for the WQCP may be used to offset dollar for dollar the required cash deposits to the WCRF. Unused bonding capability means an amount equal to the unissued bonds or other indebtedness authorized either by vote of the people of South San Francisco or by provisions of local or other law under which the City would be legally permitted to issue such bonds or i I I[ other indebtedness without approval by the people of South San Francisco or by any other public entity. B. The amounts required to be deposited in the WCRF may be reduced by any amounts held and not previously allocated for the purpose of this calculation in any fund or account established pursuant to a resolution or indenture of a borrower pursuam to which any bonds or other indebtedness have been issued and are outstanding, which amounts may be used for the purposes for which this WCRF is established. 6. REPORT. A report shall be prepared and submitted to the State Water Resources Control Board, Division of Clean Water Programs on the WCRF's activities and fund status, beginning five years after the approval of the final revenue program. A report shall be due every five years for the life of the loan contract. The requirement to create and maintain this WCRF shall remain in force for the life of the State Revolving Fund loan contract. fiECTION 2: SEVERABII,ITY. In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 3: PUBI ,ICATION AND EFFECTIVE, DATE This Ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. ! I II Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 14th- day of January ,1998. Adopted at a regul ar meeting of the City Council of the City of South San Francisco, held the 28th day of January , 1998 by the following vote: AYES: Councilmembers James L. Datzman, Joseph A. Fernekes, Karyl Matsumoto, John R. Penna and Eugene R. Mullin NOES: None ABSTAIN: None ABSENT: None ATTEST: City Clerk this As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance 28th day of January ,1998. A:~?.SFUND.ORD ! ! ~