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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 2 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 3 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