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Home My Public Portal About1996-06 Concerning the Project of the Village for Sewer Collection and Transmission SystemORDINANCE NO. 96-6 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CONCERNING THE PROJECT OF THE VILLAGE FOR SEWER COLLECTION AND TRANSMISSION SYSTEM; RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCE; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, Florida Statutes provide for loans to local governmental agencies to finance the construction of water pollution control facilities; and WHEREAS, Florida Administrative Code Rules, provided by Chapter 62-503, 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 Project No. CS12085002P (the "Project") of the Village of Key Biscayne (the "Village") as eligible for available funding; and WHEREAS, the Village intends to enter into a loan agreement (the "Loan Agreement") with the Department of Environmental Protection (the "DEP") under the State Revolving Fund for Project financing. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the foregoing findings are hereby incorporated herein by reference and made a part hereof. Section 2. That the Village is authorized to apply for a loan from the State Revolving Fund to finance the above -referenced Project. Section 3. That the revenues pledged for the repayment of the loan described in the Loan Agreement are as follows: The necessary portion of State Revenue Sharing Funds provided to the Village. No pledge of the Village's State Revenue Sharing Funds has been previously made for any other purpose. Section 4. That the Village Manager is hereby designated as the authorized representative of the Village to execute the Loan Application and to provide the assurances and commitments required by such Loan Application; to represent and act for the Village in carrying out the Village's responsibilities under the Loan Agreement and to delegate responsibility to appropriate Village staff to carry out technical, financial, and administrative activities associated with the Loan Agreement. Section 5. That the Mayor or Vice Mayor is hereby designated as the authorized representative of the Village to execute the Loan Agreement in substantial conformity with the form of Loan Agreement attached hereto, upon behalf of the Village of Key Biscayne, which Loan Agreement will become a binding obligation in accordance with its terms when signed by both parties. Section 6. The adoption of this Ordinance shall not constitute authority to draw down any loan proceeds or to proceed otherwise further with respect to the project until there is an affirmative vote of five Councilmembers. Section 7. That the legal authority for borrowing monies to construct this project is provided to the Village by Section 2 GUIDO H. 166.021, Florida Statutes, and Section 166.111, Florida Statutes. Section 8. Conflicts. All resolutions or parts of resolutions and all ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed to the extent of any conflicting provisions. Section 9. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 10. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this llth day of June, 1996. PASSED AND ADOPTED on second reading this 25th day of June, 1996. a3--,e7C.._ FESTA, MAYOR NGUANZO, JR., CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: OCe44 149) grr RICHARD JAY WEISS, VILLAGE ATTORNEY 3 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING - 6/25/96 in the XXXXX was published in said newspaper in the issues of Jun 14, 1996 Court, Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any pers • • or corporation any disco , rebate, commissi • nd or the purpose of sec na this advertise tion in the said new 14 day of (SEAL) Sworn to and subscribed before me this June 96 , A.D. 19 Octelma V. Ferbeyre personally known to VILLAGE OF KEY BISCAYNE PUBLIC NOTICE Notice is hereby given that the following ordinance will be consid- ered on Second Reading by the Key Biscayne Village Council at a meeting to be held on Tuesday, June 25, 1996, at 7:00 p.m., in the Council Chamber, located at 85 West 'McIntyre Street, Second Floor, Key Biscayne, Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA CONCERNING THE PROJECT OF THE VILLAGE FOR SEWER COLLECTION AND TRANSMISSION SY- STEM; RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PRO- VIDING ASSURANCE; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. Interested parties are invited to appear and be heard. A copy of the proposed ordinance may be obtained at Village Hall, Office of the Vil- lage Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida 33149. An electronic copy of the ordinance is available on the Internet (http://vkb.key-biscayne.fl.us}. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Guido H. Inguanzo, Jr., CMC Village Clerk 6/14 96-4-061403M p' 'PCB ti :0 C F F'_ OFFICIAL NOTARY SEAL CHERYL H MARMER COMMISSION NUM8Ea CC545384 MY COMMISSION EXPIRES APR. 12,2000