03/10/2015 Resolutions 2015-68 RESOLUTION 2015-68
WHEREAS, the City of Grand Island, Nebraska recognizes that a properly sized and
functioning sewer system is necessary to the health and welfare of the citizens of the City of Grand Island;
and
WHEREAS,the Mayor and City Council have determined that portions of the Grand Island
sewer system are in need of significant repair and improvement,and that sewer service is needed in areas in
and around Grand Island; and
WHEREAS, funding for the cost of the repair and improvement of portions of the Grand
Island sewer system maybe obtained by loans from Clean Water State Revolving Funds("CWSRF")from
the Nebraska Department of Environmental Quality ("NDEQ"), subject to certain requirements and
obligations; and
WHEREAS, City Council approved Resolution No. 2014-162 on June 10, 2014, which
authorized a maximum principal amount of debt expected to be issued for Sanitary Sewer Collection
System and Wastewater Treatment Plant Improvements at$74,275,000,with debt expected to include up to
$40,000,000 in principal amount of loan funds from the Clean Water State Revolving Loan Fund program;
and
WHEREAS, City Council approved Ordinance No. 9493 on July 29, 2014 (the
"Ordinance")giving formal approval to the NDEQ borrowing in a principal of not to exceed$40,000,000,
which Ordinance requires that each NDEQ Note and NDEQ Contract (as such terms are defined in the
Ordinance)entered into with respect to such amount be approved by resolution of the City Council prior to
execution and delivery thereof; and
WHEREAS,the execution of the contracts for loans,in the total amount of$7,000,000.00,
between the NDEQ and the City designated as Project No. 0317867 (the "Non-Green Contract"), in the
amount of$6,000,000 and Project No. 0317981 (the"Green Contract"; and together with the Non-Green
Contract, the "NDEQ Contracts"), in the amount of$1,000,000 were approved by Resolution 2014-273
adopted by the City Council on September 9, 2014, and the Contracts were executed and delivered to
NDEQ on September 12, 2014; and
WHEREAS, the City and NDEQ propose to amend the Green Contract to increase the
maximum borrowing amount from $1,000,000 to $29,000,000, thereby bringing the total amount of the
loans under the Contracts to a drawable amount of$35,000,000 pursuant to the Ordinance; and
WHEREAS,NDEQ has proposed a form of amendment to the Green Contract to increase
the principal amount of the loan thereunder,which amendment is in the thin).of Amendment No. 1 to Loan
Contract between NDEQ and the City for NDEQ Project No. 317981 (the"Amendment No. 1"),which is
incorporated by reference into this Resolution as if fully set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA, that the form of Amendment No. 1 between the City and
NDEQ is hereby approved.
Approved as to Form 0
March 9,2015 0 City W•rney
BE IT FURTHER RESOLVED,that the Mayor, City Clerk, and City Treasurer are hereby
directed to execute and deliver Amendment No. 1 and all other documents, certificates and instruments
necessary to facilitate the loans evidenced by the Contracts and Amendment No. 1 between NDEQ and the
City for the purpose of repairing and improving the City of Grand Island sewer system; and
BE IT FURTHER RESOLVED that the Mayor, City Clerk, and City Treasurer, be
authorized and directed to sign all necessary documents,to furnish such assurances to the State of Nebraska
as may be required by law or regulations, and to receive payment on behalf of the applicant.
Adopted by the City Council of the City of Grand Island, Nebraska, March 10, 2015.
Jere LL. JJ4ise ayor
Attest:
MLOck5
RaNae Edwards, City Clerk
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