HomeMy WebLinkAboutR-2006-114 SRF Main Looping Phase II RESOLUTION NO. 2006-114
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN
PROGRAM; MAKING FINDINGS; AUTHORIZING THE SUBMISSION OF A
LOAN APPLICATION FOR THE AMOUNT OF $664,638.00 FOR
CONSTRUCTION ACTIVITES ASSOCIATED WITH CONSTRUCTION OF
THE WATER MAIN LOOPING PHASE II — EAST DANIA BEACH BLVD.
WATER MAIN FOR THE CITY WATER SYSTEM; AUTHORIZING THE
PROPER CITY OFFICIALS TO EXECUTE THE LOAN AGREEMENT;
ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED
REPRESENTATIVES; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Florida Statutes provide for loans to local government agencies to finance
the construction of water and wastewater facilities; and
WHEREAS, Florida Administrative Code rules require authorization to apply for loans,
to establish pledged revenues, to designate an authorized representative; to provide assurances of
compliance with loan program requirements; and to enter into a loan agreement; and
WHEREAS, the State Revolving Fund Loan priority list designates DEP Project No.
DW060402 for financing of construction activities involved with the construction of the Water
Main Looping Phase II —East Dania Beach Boulevard Water Main project approved in the FY-
06 Capital Improvement Plan which is eligible for available funding; and
WHEREAS, the City of Dania Beach, Florida, intends to enter into a loan agreement
with the Department of Environmental Protection under the State Revolving Fund for project
financing;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing findings are incorporated by reference.
Section 2. That the City of Dania Beach, Florida is authorized to apply for a loan to
finance DEP Project No. DW060402.
Section 3. That the revenues pledged for the repayment of the loan are net water and
sewer system revenues after payment of debt service on the City's outstanding obligations as
noted in the loan application.
Section 4. That the City Manager is designated as the authorized representative to
provide the assurances and commitments required by the loan application.
Section 5. That the City Manager is designated as the authorized representative to
execute the loan agreement which will become a binding obligation in accordance with its terms
when signed by both parties. The City Manager is authorized to delegate responsibility to
appropriate City staff to carry out technical, financial, and administrative activities associated
with the loan agreement.
Section 6. That the legal authority for borrowing monies to construct this project is the
Florida Statutes.
Section 7. That all resolutions or part of Resolutions in conflict with any of the
provisions of this Resolution are repealed.
Section 8. That if any Section or portion of a Section of this Resolution proves to be
invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity,
force or effect of any other Section or part of this Resolution.
Section 9. That this Resolution shall become effective immediately upon its passage and
adoption.
PASSED AND ADOPTED on June 27, 2006.
7�
PATRICIA FLURY
MAYOR-COMMISSIONER
r
A TEST:
LOUI E STILSON, C
uU CITY CLERK
2 RESOLUTION#2006-114
1�
APPROVED AS TO FORM AND LEGALITY
for the use and reliance of the
City of Dania Beach, Florida only.
THOMA . AN 9 BRO
CITY ATTORNEY
3 RESOLUTION #2006-1 14
... CITY OF DANIA BEACH
Agenda Item#
Ask
Agenda Request Database
Date of Commission Meeting: 6/27/2006
Adopt Resolution ® Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑
Award Bid /RFP ❑ Presentation ❑ Continued from:
Requested ACti,oh, (Idenfity appropriate Actron or Mo>aon) b
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Authorization of loan application for State Revolving Funds (SRF)funding.
Why Action is Necessary y y � N-
To move forward with construction of Water Main Looping Phase II - East Dania Beach Blvd.
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What Action Accomplishes k
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Dept: 3303 Water Utility Water Plant Acct M Amt:
Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
SummaryExplanation/Backgr,
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The City intends to improve its infrastructure and this is part of that plan.
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fiscal ImpactlCost Summary ,
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None
4.
ExhabltS attached , xs "
Resolution
Memo
Loan Application
Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7as
Exhibit 8
x R 1 x
Authorized Signatures�y�� ,�` ND
_ x x
Submitted by
Leo Williams Date 06/19/06
Department Director
Dominic Orlando Date 06/19/06
HR Director
Date
Finance Director
Patricia Varney Date 06/20/06
City Attorney
Thomas J. Ansbro Date 06/22/06
City Manager
Ivan Pato Date 06/22/06
City Cterk Use O '# M �
Commission Action:
Approved: 0 Denied: ❑ Continued to: ❑
City of Dania beach
Department of Public Services
100 West Dania Beach Blvd •Dania Beach,FL 33004 -(954)924-3741 (954)-923-1109(fax)
TO: Mayor Patricia Flury
Vice Mayor Robert Anton
Commissioner John Bertino
Commissioner Anne Castro
Commissioner C. K. McElyea
FROM: Ivan Pato, City Manager
VIA: Patricia Varney, Finance Director
VIA: Dominic F. Orlando, P.E. Director of Public Services
Date: May 19, 2006
RE: Approval of Loan Agreement for State Revolving Funds for Water Main Looping Phase
II - East Dania Beach Blvd. Water Main
0
Introduction and Back ound
The City Commission previously adopted Resolution 2002-120 approving the Water, Wastewater and
Stormwater Facilities Plan. The plan defines future capital infrastructure needs for the water, sewer
and stormwater systems in the City and recommends improvements to each system based on current
deficiencies, anticipated growth demands and compliance with federal and state environmental
mandates. The Water Main Looping Phase II - East Dania Beach Blvd. Water Main project is a
portion of this plan.
In July/August, the City expects to receive bids for the Water Main Looping Phase II - East Dania
Beach Blvd. Water Main project, but FDEP has requested that the City submit this loan application
early. The scope of services for this project involves the construction of a 12- inch water main from
downtown Dania Beach at the intersection of Dania Beach Blvd. and US-1, approximately 4,200 east.
State Revolving Fund lonas were identified in 2003 as the funding source for this project. Florida
Statutes provide for loans to local government agencies to finance the construction of water facilities.
In order to secure the loans, the Florida Administrative Code rules require authorization to:
® apply for loans,
® establish pledged revenues,
® designate an authorized representative;
WWCIP—PH II WM Looping Loan Application
05-15-2006 Page 1
City of Dania Beach
Department of Public Services
100 West Dania Beach Blvd •Dania Beach, FL 33004 • (954) 924-3741 •(954)-923-1109(fax)
• provide assurances of compliance with loan program requirements; and
m enter into a loan agreement; and
The State Revolving Fund loan priority list designates the City's Water Main Looping Phase II -
Dania Beach Blvd Water Main project as DEP Project No. DW060402 for financing of these activities.
These loan funds are designated as being for construction activities.
Recommendation
It is recommended that the City Commission approve a resolution or the loan application to the State
Revolving Fund program for the work in the amount of $664,638.00, and authorize the City Manager
to execute the loan documents.
•
0
WWCIP—PH II WM Looping Loan Application
05-15-2006 Page 2
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE REVOLVING U
DRINKING ATFACILITIES
Water Main Looping-Dania Beach Blvd Water Main
DW060402
LOAN
ECTION
Florida Department of Environmental Protection
Bureau of Water Facilities Funding
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
TABLE OF CONTENTS
Page
DEP Form 62-552.900(2) Effective Date 07-20-99
Number
WAN APPLICATION
(1) SUBMITTAL......................................................................................................................................... 1
(2) COMPLETING THE APPLICATION.................................................................................................... 1
(3) ASSISTANCE...................................................................................................................................... 1
PART I -ADMINISTRATIVE INFORMATION
(1) PROJECT SPONSOR APPLYING FOR LOAN................................................................................... 1
(2) AUTHORIZED REPRESENTATIVE.................................................................................................... 1
(3) PRIMARY CONTACT PERSON ......................................................................................................... 1
(4) ADDITIONAL PERSON(S)TO RECEIVE COPY OF DEPARTMENT CORRESPONDENCE ........... 1
(5) PROJECT NUMBER ........................................................................................................................... 1
(6) LOAN AGREEMENT DATE................................................................................................................. 2
(7) PREAWARD COMPLIANCE......................................................................................................... 2
(8) FEDERAL EQUIVALENCY REQUIREMENTS............................................................................... 2
PART II - PROJECT INFORMATION
SUBPART (A): PRECONSTRUCTION LOAN INFORMATION
(1) PRECONSTRUCTION ACTIVITIES............................................................................................. 2
(2) PRECONSTRUCTION LOAN SCHEDULE..................................................................................... 2
(3) PRECONSTRUCTION LOAN PROJECT COST............................................................................. 2
SUBPART (B): CONSTRUCTION LOAN INFORMATION
(1) CONSTRUCTION ACTIVITIES........................................................................................................... 2
(2) CONSTRUCTION LOAN PROJECT COSTS...................................................................................... 3
*ART III- FINANCIAL INFORMATION
(1) PRINCIPAL AMOUNT OF THE LOAN................................................................................................ 3
(2) LOAN TERMS AND REPAYMENT ..................................................................................................... 3
(3) LOAN REPAYMENT RESERVE.......................................................................................................... 3
(4) ADDITIONAL LOAN SECURITIZATION........................................................................... 4
(5) INFORMATION ON LIENS.................................................................................................................. 4
(6) ACTUAL AND PROJECTED REVENUES .......................................................................................... 4
(7) LEGAL OPINION ON THE AVAILABILITY OF PLEDGED REVENUES............................................. 4
(8) RESOLUTION ESTABLISHING PLEDGED REVENUES...................................................... 4
PART IV-APPLICANT RESOLUTION, ASSURANCES,AND CERTIFICATION .........................................
(1) RESOLUTION ..................................................................................................................................... 4
(2) ASSURANCES AND CERTIFICATION............................................................................................... 5
SCHEDULE OF PRIOR AND PARITY LIENS................................................................................................... 7
SCHEDULE OF ACTUAL REVENUES AND DEBT COVERAGE FOR RATE-BASED SYSTEM 8
PLEDGEDREVENUE...........................................................................................................................
SCHEDULE OF PROJECTED REVENUES AND DEBT COVERAGE FOR RATE-BASED SYSTEM 9
PLEDGEDREVENUE...............................................................................................................................
LISTOF ATTACHMENTS................................................................................................................................. 10
DEP Form 62-552.900(2) Effective Date 07-20-99
3
i
• LOAN APPLICATION
(1) SUBMITTAL. Submit the application and attachments to the Department of Environmental Protection,
MS 3505, Bureau of Water Facilities Funding, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
(2) COMPLETING THE APPLICATION.
(a) This application consists of four parts: (1) ADMINISTRATIVE INFORMATION; (11) PROJECT
INFORMATION; (III) FINANCIAL INFORMATION; and (IV)APPLICANT RESOLUTION, ASSURANCES,AND
CERTIFICATION.
(b) All information provided on this application must be typed. Monetary amounts may be rounded to the
nearest $1,000.
(c) Attachments to be submitted are denoted with italic print. They are to be listed on Page 10.
(3)ASSISTANCE.
Bureau of Water Facilities Funding staff are available to provide assistance. Please call (850) 488-8163 or
SUNCOM 278-8163.
PART I -ADMINISTRATIVE INFORMATION
(1) PROJECT SPONSOR APPLYING FOR LOAN. City of Dania Beach
Federal Employer Identification Number. 59-600302
(2)AUTHORIZED REPRESENTATIVE. [Person formally authorized by the project sponsor to sign or attest to
loan documents, including this application. If more than one, attach the information (Attachment# ).]
Name Ivan Pato Telephone 954-924-3610
Title City Manager
Mailing Address 100 W. Dania Beach Blvd, Dania Beach, FL 33004
(3) PRIMARY CONTACT PERSON. (Person to answer questions about this application.)
Name Dominic F. Orlando, P.E. Title Public Services Director
Telephone 954-924-3740 Fax 954-923-1109 E-Mail dorlando(cDci.dania-beach.fl.us
Employer City of Dania Beach
Mailing Address 100 W. Dania Beach Blvd.
Dania Beach, FL 33004
(4)ADDITIONAL CONTACTS. If more than one additional person is to receive copies of Department
correspondence, attach the information (Attachment# 1_).
Name: Patricia Varney Telephone 954-924-3620
Title: Finance Director Employer City of Dania Beach
Mailing Address 100 W. Dania Beach Blvd.
Dania Beach, FL 33004
• (5) PROJECT NUMBER (identified on the Department's priority list). DW 060402
DEP Form 62-552.900(2) Page 1 of 10 Effective Date 07-20-99
(6) LOAN AGREEMENT DATE. When do you expect to sign the Loan Agreement? 12/30/2006
(Allow time for Department preparation of agreement, applicant review, and local commission meeting if
applicable.)
(7) PREAWARD COMPLIANCE. Has an EPA Preaward Compliance Review Report been submitted
for this project? Yes. _X_ No. If"yes", identify the date submitted to the Department
If not, please complete and attach the EPA form. (Attachment#_2_)
(8) FEDERAL EQUIVALENCY REQUIREMENTS. As a result of the federal funding of the State Revolving Fund
Program for Drinking Water Facilities, there are federal requirements that must be met to enable financial
assistance for any project. These requirements are identified under PART IV of this application.
PART II -PROJECT INFORMATION. Complete SUBPART A or SUBPART B as appropriate.
SUBPART(A): PRECONSTRUCTION LOAN INFORMATION. N/A
(1) PRECONSTRUCTION ACTIVITIES. Attach a brief description of the scope of planning and design activities to
be financed by this loan.
(2) PRECONSTRUCTION LOAN SCHEDULE.
(a) Provide proposed completion dates for the items below. (Please call Department staff to discuss time
frames needed to complete required tasks.)
Water facilities plan adoption by the Project Sponsor.
Engineering design.
Certification of site availability(for construction and operation).
(b) Do you anticipate that a contractual agreement with another party will be necessary to implement the
project? Yes. No. If"yes", list entities to be involved.
(3) PRECONSTRUCTION LOAN PROJECT COSTS. Is the cost information submitted for the priority list
current? Yes. No. If "no", please explain and submit revised cost information (Attachment# )
using the appropriate page of the Request for Inclusion on the Priority List for Drinking Water Facilities Form 62-
552.900(1), F.A.C. Note that the disbursable amount (including the repayment reserve) will be limited to the
priority list amount. Preconstruction loans are not available to finance the non-grant share of SRF preconstruction
grants.
SUBPART B: CONSTRUCTION LOAN INFORMATION.
(1) CONSTRUCTION ACTIVITIES
(a) Attach a brief description of construction activities to be financed by this loan. Include a list of the
construction contracts (by title)corresponding to the plans and specifications accepted by the Department
(Attachment#_3_). Also provide a proposed"start date"and "completion date"for each contract.
(b)Attach a copy of the Department letter(s)accepting the plans and specifications and all addenda
(Attachment# ).
(c) Does this project involve a contractual service agreement with other entities? Yes. x No. If
"yes", attach a copy of the Department letter accepting the agreement. (Attachment # ) Is the
agreement, as accepted by the Department, fully executed and enforceable? Yes. No. If
• "no", please explain (Attachment# ).
DEP Form 62-552.900(2) Page 2 of 10 Effective Date 07-20-99
(d) Has the Department accepted a clear site title certification for the project? _x_Yes. _X_No. If"yes",
provide evidence of such certification or its acceptance. (Attachment# 4-J If"no", explain.
(Attachment#_J
(e) Attach evidence that either a permit from the Department is not required to authorize project construction
or that such authorization has been issued by the Department. (Attachment# )
(2) CONSTRUCTION LOAN PROJECT COSTS.
Is the cost information submitted for the priority list current? _X_Yes. No. If"no", please explain and
submit revised cost information (Attachment # ) using the appropriate page of the Request for Inclusion on
the Priority List for Drinking Water Facilities Form 62-552.900(1), F.A.C. Note that the disbursable amount
(including the repayment reserve)will be limited to the priority list amount.
PART III - FINANCIAL INFORMATION
(1) PRINCIPAL AMOUNT OF THE LOAN. The requested amount of the loan, including capitalized interest
(which is not disbursed), is 664 638. The estimate of the capitalized interest is $ 0 . Note that
the disbursable amount will be limited to the priority list amount and must be consistent with the information
provided under PART II of this application. Also note that the capitalized interest is an inexact estimate, and it is
subject to adjustment by the Department to reflect disbursement timing.
(2) LOAN TERMS AND REPAYMENT.
(a) If a construction loan involves a financially disadvantaged community, loans are amortized over 30 years,
or less, with interest and principal paid semiannually. If a construction loan is not for a project to serve such a
• community, loans are amortized over 20 years, or less, with interest and principal paid semiannually.
Preconstruction loans are amortized over not more than 10 years, with interest and principal paid
semiannually. Do you want to repay the loan in less than the maximum amortization period?
Yes. _X_No. If "yes", identify the number of years
(b) Due to limitations on availability of State Revolving Fund revenues, a large (generally in excess of $8
million unless the loan is to be made from the reserve for small communities in which case the amount
generally would be in excess of $1.5 million) loan amount may be provided in increments pursuant to the
initial loan agreement and subsequent amendments as well Chapter 62-552, F.A.C. Each increment shall
have a separate interest rate as established in the agreement or amendment providing that increment. If in
doubt about whether the funding will be segmented, this matter should be discussed with Department staff.
(c) List all revenues that are to be pledged for repayment of this loan. (Note: Typically, water system or water
and sewer system revenues are pledged, and the net revenues available for loan repayment must equal at
least 1.15 times the annual debt service unless special reserves are locally funded. Rule 62-552.430, F.A.C.,
addresses pledged revenues and coverage requirements.
water and sewer user fees
(3) LOAN REPAYMENT RESERVE. The Applicant will be required to maintain a Loan Repayment Reserve
Account to provide an interim remedy for any deficiency in pledged revenues. This reserve shall be no less than
0.03 times the total loan amount less the portion of the loan for capitalized interest and loan repayment reserve.
Loan proceeds will be provided to establish the minimum (0.03) reserve.
(4) ADDITIONAL LOAN SECURITIZATION. If the project sponsor does not meet the requirements of Rule 62-
552.430(4), F.A.C., for pledged revenue, loan repayment responsibility, default remedies, and debt service
DEP Form 62-552.900(2) Page 3 of 10 Effective Date 07-20-99
history, indicate which of the following securitization provisions the project sponsor is prepared to negotiate
(describe each in Attachment# 5_):
(a) Additional escrowed loan repayment reserve. No_ Yes_ Loan Repayment Reserve is $47,250.
(b) Letter of credit. No_X_ Yes
(c) Lien on tangible assets. No_X_ Yes
(d) Personal or corporate obligation. No_X_ Yes
(e) Other equivalent securitization. No X Yes
(5) INFORMATION ON LIENS.
(a) Describe all debt obligations having a prior or parity lien on the revenues pledged for this
Loan(Attachment#_N/A_); see the following example:
City Name, Florida, Water and Sewer System Revenue Bonds, Series 1996, issued in the amount of
$10,000,000, pursuant to Ordinance No. 93-104, as amended and supplemented by Ordinance No.96-156.
(b) Using the Schedule of Prior and Parity Liens (page 7 ), provide debt service information on each prior and
parity obligation. For the listed obligations, provide a copy of the ordinance(s), resolution(s), official
statement(s), or pages thereof, setting forth the definitions, use of proceeds, debt service schedule, pledged
revenues, rate covenants, provisions for issuing additional debt, provisions for bond insurance, and debt rating
(Attachment# ).
(6) ACTUAL AND PROJECTED REVENUES.
• (a) Complete the Schedule of Actual Revenues and Debt Coverage for Rate-Based System Pledged
Revenues (page 8) for the past two fiscal.years. Additional information may be required if deemed necessary
by the Department to evaluate credit-worthiness of the applicant.
(b) Complete the Schedule of Projected Revenues and Debt Coverage for Rate-Based System Pledged
Revenue (page 9), demonstrating the availability of pledged revenues for loan repayment. All projects
expected to be implemented in the next five years are to be reflected into the need for projected revenues.
(7) LEGAL OPINION ON THE AVAILABILITY OF PLEDGED REVENUES. All sources must be supported by a
written legal opinion (Attachment# 6 ) addressing the:
(a) Availability of the revenues to repay the loan;
(b) Right to increase rates at which revenues shall be collected to repay the loan; and
(c) Subordination of the pledge if pledged revenues are subject to a prior or parity lien.
(8) RESOLUTION ESTABLISHING PLEDGED REVENUES. Provide a certified resolution or other
documentation (Attachment #_7_) of the formal action taken by the applicant that establishes the pledged
revenues.
PART IV -APPLICANT RESOLUTION, ASSURANCES, AND CERTIFICATION
(1) RESOLUTION. Provide a certified resolution or other documentation (Attachment # 8_) of the formal
action taken by Applicant that:
(a) Authorizes this application; and
(b) Designates the Authorized Representative(s) to file the application, provide assurances, execute the loan
agreement, and represent the Applicant in carrying out responsibilities (including that of requesting loan
disbursements) under the loan agreement.
DEP Form 62-552.900(2) Page 4 of 10 Effective Date 07-20-99
(2) ASSURANCES AND CERTIFICATION. The Applicant agrees to comply with the laws, rules, regulations,
policies and conditions relating to the loan for this project. Specifically, the Applicant certifies that it has complied,
as appropriate, and will comply with the following requirements in undertaking the project:
(a) Complete all facilities recommended in the approved facilities plan.
(b) The Archaeological and Historic Preservation Act of 1974, PL 93-291, and the National Historic
Preservation Act of 1966, PL 89-665, as amended, regarding identification and protection of historic
properties.
(c) The Clean Air Act, 42 U.S.C. 7506(c), which requires conformance with State Air Quality Implementation
Plans.
(d) The Coastal Zone Management Act of 1972, PL 92-583, as amended, which requires assurance of
project consistency with the approved State management program developed under this Act.
(e) The Endangered Species Act, 16 U.S.C. 1531, et seq., which requires that projects avoid disrupting
threatened or endangered species and their habitats.
(f) Executive Order 11593, Protection and Enhancement of the Cultural Environment, regarding
preservation, restoration and maintenance of the historic and cultural environment.
(g) Executive Order 11988, Floodplain Management, related to avoiding, to the extent possible, adverse
impacts associated with floodplain occupancy, modification and development whenever there is a practicable
alternative.
(h) Executive Order 11990, Protection of Wetlands, related to avoiding, to the extent possible, adverse
impacts associated with the destruction or modification of wetlands and avoiding support of construction in
wetlands.
(1) The Fish and Wildlife Coordination Act, PL 85-624, as amended, which requires that actions to control
natural streams or other water bodies be undertaken to protect fish and wildlife resources and their habitats.
0) The Wild and Scenic Rivers Act, PL 90-542, as amended, related to protecting components or potential
components of the national wild and scenic rivers system.
(k) The federal statutes relating to nondiscrimination, including: The Civil rights Act of 1964, PL 88-352,
which prohibits discrimination on the basis of race, color or national origin; the Age Discrimination Act, PL 94-
135, which prohibits discrimination on the basis of age; Section 13 of the Federal Water Pollution Control Act,
PL 92-500, which prohibits sex discrimination; the Rehabilitation Act of 1973, PL 93-112, as amended, which
prohibits discrimination on the basis of handicaps.
(1) Executive Order 11246, Equal. Employment Opportunity, which provides for equal opportunity for all
qualified persons.
(m) Executive Orders 11625 and 12138, Women's and Minority Business Enterprise, which require that small,
minority, and women's business and labor surplus areas are used when possible as sources of supplies,
equipment, construction, and services.
(n) The Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754, as amended, which
requires that projects be reviewed in accordance with state clearinghouse procedures.
(o) The Amended Safe Drinking Water Act, PL 104-182, which sets forth requirements for public water
systems.
(p) The Coastal Barrier Resources Act, 16 U.S.C. 3501 et seq., regarding protection and conservation of the
coastal barrier resources.
(q) The Farmland Protection Policy Act, 7 U.S.C. 4201 et seq., regarding protection of agricultural lands from
irreversible loss.
(r) The Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL 91-646, which provides for
fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or
federally assisted programs.
DEP Form 62-552.900(2) Page 5 of 10 Effective Date 07-20-99
i
i
history, indicate which of the following securitization provisions the project sponsor is prepared to negotiate
(describe each in Attachment#_5_):
(a) Additional escrowed loan repayment reserve. No_ Yes_ Loan Repayment Reserve is $47,250.
(b) Letter of credit. No_X_ Yes
(c) Lien on tangible assets. No_X_ Yes
(d) Personal or corporate obligation. No_X_ Yes
(e) Other equivalent securitization. No_X_ Yes
(5) INFORMATION ON LIENS.
(a) Describe all debt obligations having a prior or parity lien on the revenues pledged for this
Loan(Attachment#_N/A ); see the following example:
City Name, Florida, Water and Sewer System Revenue Bonds, Series 1996, issued in the amount of
$10,000,000, pursuant to Ordinance No. 93-104, as amended and supplemented by Ordinance No.96-156.
(b) Using the Schedule of Prior and Parity Liens (page 7 ), provide debt service information on each prior and
parity obligation. For the listed obligations, provide a copy of the ordinance(s), resolution(s), official
statement(s), or pages thereof, setting forth the definitions, use of proceeds, debt service schedule, pledged
revenues, rate covenants, provisions for issuing additional debt, provisions for bond insurance, and debt rating
(Attachment# ).
(6) ACTUAL AND PROJECTED REVENUES.
(a) Complete the Schedule of Actual Revenues and Debt Coverage for Rate-Based System Pledged
Revenues (page 8)for the past two fiscal years. Additional information may be required if deemed necessary
by the Department to evaluate credit-worthiness of the applicant.
(b) Complete the Schedule of Projected Revenues and Debt Coverage for Rate-Based System Pledged
Revenue (page 9), demonstrating the availability of pledged revenues for loan repayment. All projects
expected to be implemented in the next five years are to be reflected into the need for projected revenues.
(7) LEGAL OPINION ON THE AVAILABILITY OF PLEDGED REVENUES. All sources must be supported by a
written legal opinion (Attachment# 6_)addressing the:
(a) Availability of the revenues to repay the loan;
(b) Right to increase rates at which revenues shall be collected to repay the loan; and
(c) Subordination of the pledge if pledged revenues are subject to a prior or parity lien.
(8) RESOLUTION ESTABLISHING PLEDGED REVENUES. Provide a certified resolution or other
documentation (Attachment #_7,) of the formal action taken by the applicant that establishes the pledged
revenues.
PART IV-APPLICANT RESOLUTION, ASSURANCES,AND CERTIFICATION
(1) RESOLUTION. Provide a certified resolution or other documentation (Attachment # 8—) of the formal
action taken by Applicant that:
(a) Authorizes this application; and
(b) Designates the Authorized Representative(s) to file the application, provide assurances, execute the loan
agreement, and represent the Applicant in carrying out responsibilities (including that of requesting loan
disbursements) under the loan agreement.
DEP Form 62-552.900(2) Page 4 of 10 Effective Date 07-20-99
(2) ASSURANCES AND CERTIFICATION. The Applicant agrees to comply with the laws, rules, regulations,
policies and conditions relating to the loan for this project. Specifically, the Applicant certifies that it has complied,
as appropriate, and will comply with the following requirements in undertaking the project:
(a) Complete all facilities recommended in the approved facilities plan.
(b) The Archaeological and Historic Preservation Act of 1974, PL 93-291, and the National Historic
Preservation Act of 1966, PL 89-665, as amended, regarding identification and protection of historic
properties.
(c) The Clean Air Act, 42 U.S.C. 7506(c), which requires conformance with State Air Quality Implementation
Plans.
(d) The Coastal Zone Management Act of 1972, PL 92-583, as amended, which requires assurance of
project consistency with the approved State management program developed under this Act.
(e) The Endangered Species Act, 16 U.S.C. 1531, et seq., which requires that projects avoid disrupting
threatened or endangered species and their habitats.
(f) Executive Order 11593, Protection and Enhancement of the Cultural Environment, regarding
preservation, restoration and maintenance of the historic and cultural environment.
(g) Executive Order 11988, Floodplain Management, related to avoiding, to the extent possible, adverse
impacts associated with floodplain occupancy, modification and development whenever there is a practicable
alternative.
(h) Executive Order 11990, Protection of Wetlands, related to avoiding, to the extent possible, adverse
impacts associated with the destruction or modification of wetlands and avoiding support of construction in
wetlands.
(1) The Fish and Wildlife Coordination Act, PL 85-624, as amended, which requires that actions to control
natural streams or other water bodies be undertaken to protect fish and wildlife resources and their habitats.
0) The Wild and Scenic Rivers Act, PL 90-542, as amended, related to protecting components or potential
components of the national wild and scenic rivers system.
(k) The federal statutes relating to nondiscrimination, including: The Civil rights Act of 1964, PL 88-352,
which prohibits discrimination on the basis of race, color or national origin; the Age Discrimination Act, PL 94-
135, which prohibits discrimination on the basis of age; Section 13 of the Federal Water Pollution Control Act,
PL 92-500, which prohibits sex discrimination; the Rehabilitation Act of 1973, PL 93-112, as amended, which
prohibits discrimination on the basis of handicaps.
(1) Executive Order 11246, Equal Employment Opportunity, which provides for equal opportunity for all
qualified persons.
(m) Executive Orders 11625 and 12138, Women's and Minority Business Enterprise, which require that small,
minority, and women's business and labor surplus areas are used when possible as sources of supplies,
equipment, construction, and services.
(n) The Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754, as amended, which
requires that projects be reviewed in accordance with state clearinghouse procedures.
(o)The Amended Safe Drinking Water Act, PL 104-182, which sets forth requirements for public water
systems.
(p) The Coastal Barrier Resources Act, 16 U.S.C. 3501 et seq., regarding protection and conservation of the
coastal barrier resources.
(q) The Farmland Protection Policy Act, 7 U.S.C. 4201 et seq., regarding protection of agricultural lands from
irreversible loss.
(r) The Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL 91-646,which provides for
fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or
federally assisted programs.
DEP Form 62-552.900(2) Page 5 of 10 Effective Date 07-20-99
(s) Section 306 of the Clean Air Act, Section 508 of the Clean Water Act and Executive Order 11738, which
prohibit manufacturers, firms, or other enterprises on the EPA's list of Violating Facilities from participating in
the Project.
(t) Executive Order 12549, Debarment and Suspension, which prohibits any award to a party which is
debarred or suspended or is otherwise excluded from, or ineligible for, participation in federal assistance
programs.
(u) Minority and Women's Business Enterprise participation in project work using numerical goals,
established by the U.S. Environmental Protection Agency, and to be set forth in the specifications for
construction and materials contracts.
I, the undersigned Authorized Representative of the Applicant, hereby certify that all information contained herein
and in the attached is true, correct, and complete to the best of my knowledge and belief. I further certify that
have been duly authorized to file the application and to provide these assurances.
Authorized Representative Ivan Pato. Cott/Manager
(signature) (name typed)
Signed this Day of , 20
Attachments
THE REMAINDER OF THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY
DEP Form 62-552.900(2) Page 6 of 10 Effective Date 07-20-99
SCHEDULE OF PRIOR AND PARITY LIENS
List annual debt service beginning two years before the anticipated loan agreement date and continuing
at least fifteen fiscal years. Use additional pages as necessary.
#1 #2 #3
Identify Each Loan No. DWO604010
Obligation $2,317,080
Coverage N/a % N/a % N/a %
Insured? Yes x No Yes x No Yes x No
Total Debt
Fiscal Annual Debt Service (Principal Plus Interest) Total Service
Incl.
Year #1 #2 #3 Debt Coverage
Service
2007 $180,297 $0 $0 $0 $180,297
2008 $180,297 $0 $0 $0 $180,297
2009 $180,297 $0 $0 $0 $180,297
2010 $180,297 $0 $0 $0 $180,297
2011 $180,297 $0 $0 $0 $180,297
2012 $180,297 $0 $0 $0 $180,297
2013 $180,297 $0 $0 $0 $180,297
2014 $180,297 $0 $0 $0 $180,297
2015 $180,297 $0 $0 $0 $180,297
2016 $180,297 $0 $0 $0 $180,297
2017 $180,297 $0 $0 $0 $180,297
2018 $180,297 $0 $0 $0 $180,297
2019 $180,297 $0 $0 $0 $180,297
2020 $180,297 $0 $0 $0 $180,297
2021 $180,297 $0 $0 $0 $180,297
2022 $180,297 $0 $0 $0 $180,297
2023 $180,297 $0 $0 $0 $180,297
2024 $180,297 $0 $0 $0 $180,297
2025 $180,297 $0 $0 $0 $180,297
2026 $180,297 $0 $0 $0 $180,297
2027 $180,297 $0 $0 $0 $180,297
2028 $0 $0 $0 $0 $0
DEP Form 62-552.900(2) Page 7 of 10 Effective Date 07-20-99
SCHEDULE OF ACTUAL REVENUES AND DEBT COVERAGE
FOR RATE-BASED SYSTEM PLEDGED REVENUE
(Provide information for the two fiscal years preceding the anticipated date of the SRF loan
agreement.)
FY 2003 FY 2004
(a) Operating Revenues:
Water Service 4,689,696 5,294,748
Other 237,786 199,786
(b) Interest Income 43,474 45,404
(c) Other Income or
Revenue (Identify)
Misc 293,164 480,294
(d) Total Revenues 5,229,102 6,020,232
(e) Operating Expenses
(excluding interest on debt,
depreciation, and other
non-cash items) 5,144,316 4,014,814
(f) Net Revenues
(f= d - e) 84,786
(g) Debt Service (including
required coverage; should
reflect last column of
preceding page) 9970 2,005,418
(h)Attach audited annual financial report(s), or pages thereof, and any other documentation
necessary to support the above information. Include any notes or comments from the
audit reports regarding compliance with covenants of debt obligations having a prior or
parity lien on the revenues pledged for repayment of the SRF loan. (Attachment# 9
and 10 )
(i) Attach worksheets reconciling this page with the appropriate financial statements (for
example, backing out depreciation and interest payments from operating expenses).
(Attachment# )
(j) If the net revenues were not sufficient to satisfy the debt service and coverage
requirement, please explain what corrective action was taken. (Attachment#_N/A )
DEP Form 62-552.900(2) Page 8 of 10 Effective Date 07-20-99
SCHEDULE OF PROJECTED REVENUES AND DEBT COVERAGE
• FOR RATE-BASED SYSTEM PLEDGED REVENUE
(Begin with the fiscal year preceding first anticipated semiannual loan payment.)
FY 2006 FY 2007 FY 2008 FY 2009 FY 2010
(a) Operating Revenue $5905559 $6506723 $7132766 $7786709 $1780000
(b) Other Operating Revenue $0 $0 $0 $0 $00
(c Interest Income 67604 24600 26200 25800 26000
(d) Other Income or Revenue
(identify)
Impact fees 300000 0 0 0 0
Misc 137294 145961 149514 153152 156000
(e) Total Revenues 6410457 6677284 7308480 7965661 7982000
(f) Operating Expenses(excluding 6003537 6194243 6345718 6706155 7020000
interest on debt,depreciation, and
other non-cash items)
(g) Net Revenues(g=e-f) 406920 483041 962762 1259506 962000
(h) Revenue(including coverage)
pledged to debt service,excluding
SRF loans 12056 12403 0 0 0
(i) Revenue(including coverage)
pledged to outstanding SRF loans 0 0 180297 180297 180297
0i) Revenue Available for this SRF
Loan[(i)=(f)—(g)—(h)] 394864 290341 782465 1079209 781703
(k) Identify the source of the above information and explain methods used to develop the
projections (Attachment#_11_). Include an explanation of any revenue and expense growth
or other adjustments; for example, any rate increases, service growth, inflation adjustments,
expense adjustments reflecting the cost of operating additional facilities, or other
considerations.
(m)Are the above projections consistent with the capital improvements financing information in
the accepted water facilities plan? _X_Yes No. If not, explain on
Attachment#
DEP Form 62-552.900(2) Page 9 of 10 Effective Date 07-20-99
i
DEP Form 62-552.900(2) Page 10 of 10 Effective Date 07-20-99
r
i
LIST OF ATTACHMENTS
Please list all attachments that you are including with this application form.
(k
Attachment Number
is
List of Contacts 1
EPA form 2
Description of Activities 3
Site certification 4
Reserve Policy 5
Legal opinion g
Prior Obligations 7
Resolution for Loan Application g
2003 Audit g
2004 Audit 10
Rate Study 11
DEP Form 62-552.900(2) Page 11 of 10 Effective Date 07-20-99