Richmond Municipal Code Art. 1 General Provisions and Definitions

This chapter may be cited as the City of Richmond Wastewater Treatment Facilities Revenue Bond Law.

The Council finds and declares that. it is necessary, essential, a public purpose and a municipal affair for the City to be authorized to provide financing for wastewater treatment facilities serving residents of the City in the interests of the public health, safety and welfare.

Unless the context otherwise requires, the following definitions shall govern the construction of this chapter:

(1) "Acquisition" and its variants means the acquisition, construction, improvement, furnishing, equipping, remodeling, repairing, reconstruction or rehabilitation of any component of the enterprise.

(2) "Bonds" means any bonds, notes, interim certificates, debentures or other obligations or other evidences of indebtedness issued by the City pursuant to this chapter, which are payable exclusively from revenues and other funds permitted by this chapter.

(3) "Chapter" means this Chapter 13.56 of Chapter 13 of the City of Richmond Municipal Code, as amended from time to time in accordance herewith.

(4) "Charter" means the Charter of the City, as amended from time to time.

(5) "City" means the means the City of Richmond, California, a municipal corporation and a charter city existing under and exercising powers pursuant to the Charter and the Constitution and laws of the State.

(6) "City Council" means the City Council of the City.

(7) "Costs" means, with reference to the enterprise or any component thereof, any or all of the following costs incurred for the acquisition thereof:

(A) Obligations of the City incurred for labor and materials in connection with the acquisition of any component of the enterprise;

(B) The cost of acquisition of any property, whether real or personal and improved or unimproved, including franchise rights and other intangible property, and any interests therein, required for the acquisition of any component of the enterprise;

(C) The cost of demolishing, removing or relocating any building or structure, and the cost of making relocation assistance payments required by law;

(D) The cost of contract bonds and of insurance of all kinds that may be required or necessary during the course of the acquisition of any component of the enterprise;

(E) All costs of engineering, legal and consultant services, including the costs of the City for surveys, estimates, plans and specifications and preliminary investigation therefor, and for supervising construction, as well as for the performance of all other duties required by or consequent upon the proper acquisition of any component of the enterprise;

(F) All costs incurred in connection with proceedings by the City necessary to comply with an act commonly referred to as the California Environmental Quality Act, as such act has been amended and supplemented from time to time;

(G) All amounts required to find any reserve funds for bonds and any interest on bonds becoming due and payable during a period not exceeding the period of acquisition of any component of the enterprise and 12 months thereafter;

(H) All costs of issuance of the bonds, including but not limited to, legal and consulting fees and disbursements, trustee fees, advertising and printing costs, costs of preparation and reproduction of documents, recording fees, the fees incurred with respect to obtaining any credit enhancement, liquidity facility, interest rate exchange agreement and any letter of credit;

(I) All costs which the City shall be required to pay, under the terms of any contract or contracts, for the acquisition of any component of the enterprise;

(J) The refinancing of any existing indebtedness secured by an interest in any real property comprising any portion of the enterprise; and

(K) Any sums required to reimburse the City for advances made for any of the above items or for any other costs incurred and for work done which are properly chargeable to the enterprise.

(8) "Enterprise" means any and all facilities of the City for the disposal or reuse of wastewater, including sewage treatment plants, intercepting and collecting sewers, outfall sewers, force mains, pumping stations, ejector stations, pipes, valves, machinery and all other appurtenances necessary, useful or convenient for the collection, treatment, purification or disposal of sewage, and any necessary lands, rights or way and other real or personal property useful in connection therewith.

(9) "Revenues" means all gross income and revenue received by the City from the ownership and operation of the enterprise, including all fees and charges received by the City for the services of the enterprise and all other income and revenue howsoever derived by the City from the ownership and operation of the enterprise or arising from the enterprise, and including all receipts derived from the investment of such income or revenues, including moneys deposited in a sinking, redemption or reserve fund or other fund pledged to secure the bonds or to provide for the payment of the principal of or interest on the bonds and such other moneys as the City Council may in its discretion make available therefor. With respect to any grant anticipation notes issued pursuant to Section 13.56.150 of this chapter, the term "revenues" shall also include the revenues derived from the proceeds of any Federal or State grant with respect to the enterprise.

(10) "State" means the State of California.