HomeMy WebLinkAboutResolution 126-86 C. 'Y
RESOLUTION NO. 126-86
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE ATASCADERO COUNTY SANITATION DISTRICT
GRANTING EPA AND SWRCB SECURITY INTEREST IN
THE TREATMENT PLANT PROPERTY EQUAL TO GRANT
MONIES USED TO PURCHASE SAID PROPERTY
WHEREAS, the City is dedebted to the Environmental Protection
Agency, a Federal governmental agency, 215 Fremont Street San Fran-
cisco, California (hereinafter known as "EPA" and the California State
Water Resources Control Board, a State governmental agency, 1416 Ninth
Street, Sacramento, California (hereinafter known as "SWRCB") as a
result of EPA' s and SWRCB' s advancing through the Clean Water Grant
Program, $68,000 used to pay part of the purchase of property herein-
after described:
All that portion of real property described in that deed
from the State of California to the Atascadero County
Sanitation District, in the County of San Luis Obispo,
State of California, Recorded July 1, 1982 in Book 2416
Pages 598 et seq, official records in the County Recorder ' s
Office, County of San Luis Obispo, State of California.
WHEREAS, Title 40, Section 30 .810 .4 CFR requires the District
to adequately reflect and protect EPA' s interest in property aquisi-
tions of $10 ,000 or more, per unit, in compliance with all recordation
or registration requirements of the laws of the State of California.
WHEREAS, Article 16 , Section 6 of the California Constitution
prohibits the State from making any gift of public money or thing of
value to any individual, municipal or other corporation. Therefore,
the SWRCB requires the District to adequately reflect and protect that
interest in compliance with all recordation or registration require-
ments of the laws of the State of California.
NOW, THEREFORE, District grants to EPA and SWRCB security
interest in the proprety hereinafter described "Collateral" . The Col-
lateral is security for performance of District' s obligation under the
Grant Agreement between EPA and SWRCB and District.
Disrict warrants, covenants and agrees with EPA and SWRCB that:
1. WARRANTIES - (A) statements contained in the District' s
Grant application are true and correct; (B) Proceeds from
the Grant were used for the purpose agreed upon; (C) District
is the owner of the Collateral free and clear of any lien,
encumbrance or security interest; and (D) District will de-
fend the Collateral against any claim or demand adverse to
EPA'as and SWRCB' s interest.
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2. INSPECTION - EPA AND SWRCB shall have the right to inspect
the Collateral at any time.
3. USE OF PROPERTY IN OTHER PROJECTS - The District shall obtain
approval from EPA and SWRCB for the use of the Collateral in
other projects when the District determines that the property
is no longer needed for the original grant purpose. To the
extent of EPA' s interest, use in other projects shall be
limited to those under other Federal Government Grant pro-
grams or programs that have purposes consistent with those
authorized for support by EPA.
4. REAL PROPERTY NO LONGER NEEDED FOR GRANT PURPOSES - When the
real property is no longer needed for the grant purposes or
for other projects, District shall request disposition in-
structions from EPA and SWRCB.
5. DISPOSITION INSTRUCTIONS - The EPA and SWRCB shall observe
the following rules in disposition instructions for the real
property hereinafter described:
(1) In the case of real property purchased in part with EPA
and SWRCB funds, District at the direction of EPA' s
and SWRCB' s Project Officers, may:
(i) Retain title with Federal and State restriction
removed if it compensates the Federal Government
and the State Government an amount computed by *400
applying the Federal and State percentage of
participation in the net cost of the project to
the current fair market value of the property, or
(ii) Sell the property under guidelines provided by
EPA and SWRCB and pay the Federal Government and
State Government an amount computed by applying the
Federal and State percentage of participation in
the net cost of the project to the proceeds from
sale (after deducting actual and reasonable selling
and fix-up expenses, if any, from the sales
proceeds) or
(iii) Transfer title of the property to the Federal
Government and State Government with their consent
provided that in such cases the District shall be
entitled to compensation computed by applying the
District' s percentage of participation in the net
cost of the project to the current fair market value
of the property.
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On motion by DIRECTOR MOLINA and seconded by DIRECTOR HANDSITY
the foregoing Resolution is hereby adopted in its entirety on the
r following roll call vote
AYES DIRECTORS BORGESON, HANDSITY, MIOLINA, NORRIS AND CHAIRMAN AIACKEY
NOES: NONE
ABSENT NONE
DATE: 11/10/86
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OYD C. ,SHARITZ MARJQHIE MACKEY
LCity Clerk Presi ent of the Boa d
APPROVED AS TO FORM: APPROVED AS TO CONTENT
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ROBERT M. VNESF PAUL M. SENSIBAUGH,
City Attorney Director of Public Works
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