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Resolution No. 2006-32

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City Council meeting minutes of Nov 20 2006

RESOLUTION No. 2006-32

A Resolution of the City Council of the City of Lakewood, Washington, certifying that the City qualifies for a Washington State Public Works Trust Fund loan and authorizing the Lakewood City Manager to apply for such a loan

WHEREAS, the City Council for the City of Lakewood, Washington, has determined that it is in the public interest to construct side sewer service connections on private property for the purpose of ensuring that minimum flow capacities are met to operate the American Lake Gardens/Tillicum sanitary sewer system; and,
WHEREAS, to facilitate this public purpose, the City of Lakewood will make application to the Washington State Public Works Trust Fund program for a low-interest loan for an eligible project; and,
WHEREAS, RCW 43.155.070 requires that applicants for Public Works Trust Fund loans planning under RCW 36.70A.040 must have adopted comprehensive plans in conformance with the requirements of chapter 36.70A RCW, and must have adopted development regulations in conformance with the requirements of chapter 36.70A RCW; and,
WHEREAS, RCW 70.95 requires a comprehensive Solid Waste Management plan be adopted by the city or county; and,
WHEREAS, RCW 43.20.050 requires that applicants have a current water system plan; and,
WHEREAS, the City of Lakewood does certify that it has a currently adopted plan for each and every one of the systems it owns and operates and that these plans fully conform to the specifics within its Public Works Trust Fund loan application; and,
WHEREAS, RCW 43.155.070 requires that county and city applicants must have adopted the local optional one-quarter of one percent Real Estate Excise Tax, as described in Chapter 82.46 RCW; and,
WHEREAS, the City does state that its Capital Facility Plan is consistent with the Comprehensive Land Use Plan of the jurisdiction in which they provide service; and,
WHEREAS, the City Council for the City of Lakewood approves the submission of this application for a Public Works Trust Fund loan; and,
WHEREAS, the City recognizes and acknowledges that the information in the application forms is the only information that will be considered in the evaluation and/or rating process, that incomplete responses will result in a reduced chance of funding, and that in order to ensure fairness to all the Public Works Board does not accept any additional written materials or permit applicants to make presentations before the Board; and,
WHEREAS, it is necessary that certain conditions be met as part of the application process; and,
WHEREAS, RCW 43.155.060 requires that the project be advertised for competitive bids and administered according to standard local procedure; and,

WHEREAS, the loan will not exceed the maximum amount allowed by the Public Works Board of eligible costs incurred for the project; and,

WHEREAS, any loan arising from this application constitutes a debt to be repaid, and Lakewood City Manager Andrew Neiditz has reviewed this matter and concluded that the City has the necessary capacity to repay such a loan; and,
WHEREAS, the information provided in this application is true and correct to the best of the government?s belief and knowledge and it is understood that the state may verify information, and that untruthful or misleading information may be cause for rejection of this application or termination of any subsequent loan agreement(s).
Section 1.  The City of Lakewood certifies that it meets the legal requirements for application for a Washington State Public Works Trust Fund loan and the City does intend to enter into a loan agreement, provided that the terms and conditions of such are loan are satisfactory to the City of Lakewood and to the state of Washington.
Section 2.  The Lakewood City Council hereby authorizes City Manager Andrew Neiditz to apply for a Public Works Trust Fund Loan for the construction of side sewer connections for the sanitary sewer system in American Lake Gardens and Tillicum neighborhoods.
Section 3.  This Resolution shall be in full force and effect upon passage and signatures hereon.
PASSED by the City Council this 20th day of November, 2006.
Dr. Claudia B. Thomas, Mayor
Alice M. Bush, MMC, City Clerk
Approved as to Form:
Heidi Ann Wachter, City Attorney