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HomeMy WebLinkAboutR-2011-083 - Amended Stormwater Approved Budget for Capital Projects & Approved Submission of State Revolving Fund Loan Application for SE Project not to exceed $7,376,382.00 RESOLUTION NO. 2011-083 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE STORMWATER APPROVED BUDGET FOR CAPITAL PROJECTS, APPROVING AN AMENDED BUDGET FOR THE COMPLETE SOUTHEAST STORMWATER IMPROVEMENT PROJECT, AND APPROVING SUBMISSION OF A STATE REVOLVING FUND LOAN APPLICATION FOR THE SOUTHEAST PROJECT IN AN AMOUNT NOT TO EXCEED $7,376,382.00 FOR THE COMPLETION OF THE SOUTHEAST STORMWATER DRAINAGE IMPROVEMENTS; MAKING FINDINGS; 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, the City Commission approved total budget appropriations for various Stormwater capital improvement projects totaling$19,897,775.00 funded almost entirely through loan borrowings to be repaid in future years; and WHEREAS, after discussions with the Public Services Director and City Commission, the City Administration recommends amending and reducing the Stormwater Capital Project appropriations and Stormwater Fund borrowings and thereby focus only on the southeast stormwater improvement project for an amount not to exceed $7,376,382.00 in the current year; and WHEREAS, Florida Statutes provide for loans to local government agencies to finance the construction of stormwater 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. SW 06120 for financing the completion of the complete southeast drainage improvement project as approved and as amended above in the City 2010-11 approved Stormwater Fund budget which Project is eligible for available loan 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 into this Resolution and made a part of it by this reference. Section 2. That the approved 2010-11 Stormwater Fund budget is amended as follows to provide a total budget appropriation total of$7,376,382.00 for completion of the entire southeast stormwater improvement project and deferring other stormwater capital projects as follows: Stormwater Fund: Source of Funds: Proceeds from Loans (reduction) ($12.349,998.001 Use of Funds—Capital Southeast area stormwater improvement-increase 1,376,382.00 Western area stonnwater improvements (reduction) ( 12,000,000.00) SW 26`h Tern stormwater improvements (reduction) ( 1,376,380.00) Melaleuca Gardens stormwater improvements (reduction) ( 110,000.00) Other existing infrastructure improvements (reduction) ( 240,000.00) ($12,349.998.001 Section 3. That the City of Dania Beach, Florida is authorized to apply for a loan to provide financing for completing the southeast stormwater improvement project in its entirety using SRF loan proceeds in an amount not to exceed $7,376,382.00 which has been identified by the Florida Department of Environmental Protection as DEP Project No. SW 06120. Section 4. That the revenues pledged for the repayment of the loan are net Stormwater Fund revenues after payment of debt service on the City's Series outstanding obligations(if any) as noted in the loan application. Section 5. That the City Manager is designated as the authorized representative to provide the assurances and commitments required by the loan application. Section 6. 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 2 RESOLUTION#2011-083 appropriate City staff to carry out technical, financial, and administrative activities associated with the loan agreement. Section 7. That the legal authority for borrowing monies to construct this Project is the Florida Statutes. Section 8. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 9. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 10. That this Resolution shall be in full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on August 9,2011. ATTEST: LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK MAYOR APPROVED AS TO F AND CORRECTNESS: 0Q`o�pRD'S F�Rsr THOMAS J ANSBRO CITY ATTORNEY TED 1� 3 RESOLUTION#2011-083