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HomeMy WebLinkAboutR-2011-082 - Executed an Agreement to State Revolving Fund Loan Program; Making Findings; Authorizing the Loan Application for $840,000.00 Construction of Infiltration and Inflow Improvements RESOLUTION NO. 2011-082 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LOAN AGREEMENT RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION FOR $840,000.00 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH CONSTRUCTION OF INFILTRATION AND INFLOW IMPROVEMENTS; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide for loans to local government agencies to finance the construction of wastewater facilities; and WHEREAS, in Resolution #2010-204, the City Commission approved an Administration recommendation to accelerate and add $540,000.00 of future capital loans and capital project funding into the current fiscal year appropriation of $300,000.00 for a total appropriation of$840,000.00 for improvements and repairs that address infiltration and inflow into the City's sewer system; 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. 79104P for financing of construction activities involved in the infiltration and inflow Phase III as approved in the Fiscal Year 2011 Capital Improvement Plan, which 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; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the foregoing"Whereas"clauses are incorporated into and are made a part of this Resolution by this reference. Section 2. That the City Manager is authorized to execute a loan agreement with the State Department of Environmental Protection for a loan to finance Sewer Fund infiltration and inflow-Phase III relating to capital improvements under an amendment and addition to State DEP Project No. #79104P. Section 3. That the revenues pledged for the repayment of the loan are net 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 loan agreement will become a binding obligation in accordance with its terms when executed by both parties. Section 6. The City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Section 7. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 8. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on August 9, 2011. ATTEST: LOUISE STILSON, CMC PATRICIA A. FLUKY CITY CLERK MAYOR S FiasT Cj�Y APPROVED AS TO F RM AND CORRECTNESS:1/1' _� I M - -� THO S J. ANSBRO CITY ATTORNEY �NaoRa�° 2 RESOLUTION#2011-082