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HomeMy WebLinkAboutR-2009-192 SRF Loan Application for Nanofiltration Plant RESOLUTION NO. 2009-192 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 LOAN APPLICATION FOR $8,820,923.00 FOR ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF THE NANOFILTRATION WATER TREATMENT PLANT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide for loans to local government agencies to finance the construction of 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. DW 0604050 for financing of construction activities involved in design and construction of the City nanofiltration plant as approved in the FY 2009 Capital Improvement Plan which activities are 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; and WHEREAS, the first $2,550,000.00 of the loan monies will come in the form of a principal forgiveness loan provided through ARRA stimulus funds, to the City of Dania Beach, with the remainder coming from a supplemental SRF loan though 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, AS FOLLOWS: Section 1. That the foregoing findings are incorporated by this reference and made a part of this Resolution. Section 2. That the City of Dania Beach, Florida is authorized to apply for a loan to finance DEP Project No. DW 0604050. 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 Series 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 this Resolution are repealed to the extent of such conflict. 2 RESOLUTION 42009-192 Section 8. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on October 13, 2009. 0, C,-t,J ANNE CASTRO 's F �rOR—COMMISSIONER ATTEST: 0e LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: t� THO Ajj S CIT A O Y 3 RESOLUTION#2009-192