HomeMy Public PortalAbout1999-09 Authorizing the Loan Agreement with the Department of Environmental Protection DEP under the State Revolving FundORDINANCE NO. 99-9
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 CONSTRUCTION LOAN APPLICATION;
AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING
PLEDGED REVENUES; DESIGNATING AUTHORIZED
REPRESENTATIVES; PROVIDING ASSURANCE;
PROVIDING FOR CONFLICTS, SEVERABILITY AND
EFFECTIVE DATE.
WHEREAS, Horida Statutes provide for loans to local governmental agencies to finance the
construction of water pollution control 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 Project No. CS 12085002P
(the "Project") of the Village of Key Biscayne (the "Village") as eligible for available construction
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 construction of the above -referenced Project.
Section 3. That the revenues pledged for the repayment of the loan described in the Loan
Agreement are as follows:
(a) Special assessment revenues for the Project;
(b) Available revenues budgeted for the Project.
No pledge of the Village's funds identified in (a) or (b) above 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 Village Manager 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. That the legal authority for borrowing monies to construct this project is provided
to the Village by Section 166.021, Florida Statutes, and Section 166.111, Florida Statutes.
Section 7. Conflicts. All resolutions or parts of resolutions and all ordinances or parts of
ordinances, including any portion of Ordinance 96-06 in conflict with any of the provisions of this
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ordinance are hereby repealed to the extent of any conflicting provisions.
Section 8. 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 9. Effective Date. This Ordinance shall be effective upon adoption on second
reading.
PASSED AND ADOPTED on first reading this 5th day of October , 1999.
PASSED AND ADOPTED on second reading this 9th day of November , 1999.
CONCHITA ALVAREZ, CMC, VILLAGE
APPROVED AS TO FORM AND LEGAL S
RICHARD JAY WEISS, VILLAGE ATTORNEY
103001 \ordinances\sewer collection and transmission system
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JOE I. RASCO, MAYOR
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
PUBLIC NOTICE
ORD. WILL BE CONSIDERED
ON NOV. 9, 1999
in the XXXXXXX Court,
as ubli h d in i ewspaper in the issues of
�5c� 14, 9
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 •erson firm or corporation
any disco , rebate, com • r re nd for the purpose
of sec ng this advert or pu • !cation in the said
new • . per.
14
(SEAL)
Octelma V. Ferbeyre p
6h6
.D. 19
44t,,iRY /§ eFIIICIAL NOTARY SEAL
a1,1 I `'o
rtj&NETT LLERENA
,, COMMISSION NUMBERk.' C C 5 6 6 0 0 4
',F < MY COMMISSION EXPIRES
OF FLO JUNE 23,2000
VILLAGE OF KEY BISCAYNE
OFFICE OF THE VILLAGE CLERK
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, November 9, 1999 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 SYS-
TEM; RELATING TO THE STATE REVOLVING FUND LOAN
PROGRAM; MAKING FINDINGS; AUTHORIZING THE CON-
STRUCTION LOAN APPLICATION; AUTHORIZING THE
LOAN AGREEMENT; ESTABLISHING PLEDGED REVE- _
NUES; DESIGNATIW7 AUTHORIZED REPRESENTATIVES;
PROVIDING ASSURANCE; PROVIDING FOR CONFLICTS,
SEVERABILI? D EFFF TIVE 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 203, Key Biscayne, Florida
33149.
In accordance with the Americans With Disabilities Act of 1990, all
persons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact
the Office of`the Village Clerk, 91 West McIntyre Street, Suite 203,
Key Biscayne, Florida 33149, telephone number (305) 365-5506, not
later than two business days prior to such proceeding.
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 inducting all testimony and evidence upon which any appeal
may be based (F.S. 286.0105).
Conchita H. Alvarez, CMC
Village Clerk
10/14 99-4-101455M