HomeMy Public PortalAbout2023-01 Concerning the Village's Stormwater Project relating to the Clean Water State Revolving Fund Loan ProgramORDINANCE NO. 2023-01
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA CONCERNING THE VILLAGE'S STORMWATER
PROJECT RELATING TO THE CLEAN WATER STATE
REVOLVING FUND LOAN PROGRAM; MAKING
FINDINGS; AUTHORIZING THE LOAN APPLICATION;
AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING
PLEDGED REVENUES; DESIGNATING AUTHORIZED
REPRESENTATIVES; PROVIDING ASSURANCES;
PROVIDING FOR CONFLICTS, SEVERABILITY AND
EFFECTIVE DATE.
WHEREAS, Florida Statutes provide for state loans to local governmental agencies to
finance the planning of stormwater treatment 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 Clean Water State Revolving Fund loan priority list designates Project No.
SW13160 (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 ("DEP") under the Clean Water State Revolving Fund
for Project financing, initially in an amount not to exceed $870,000.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That above -stated recitals are true and correct and are incorporated
herein by reference and made a part hereof.
Section 2. Authorization to Apply. That the Village is authorized to apply for a loan
from the Clean Water State Revolving Fund to finance the Project.
Section 3. Pledged Revenues. That the revenues pledged for the repayment of the loan
described in the Loan Agreement shall consist of Stormwater Utility Fees as defined by Section
403.0893(3), Florida Statutes, and established, assessed and collected by the Village pursuant to
Ordinance No. 93-11 adopted by the Council on June 22, 1993, as amended by Ordinance No. 93-11-
A (as codified in Chapter 29 of the Village's Code of Ordinances), after payment of debt service on
the Village's Stormwater Utility Refunding and Improvement Revenue Bonds, Series 2013 (as
amended and reissued in 2016).
Section 4. Village Manager Authorization. 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 Application and the Loan Agreement.
Section 5. Authorization to Execute Loan Agreement. That the Village Manager is
hereby designated as the authorized representative of the Village to execute the Loan Agreement in
substantial conformity with the standard form of Loan Agreement required by DEP for its Clean
Water State Revolving Fund Loans and after approval by the Village Attorney, which Loan
Agreement will become a binding obligation in accordance with its terms when signed by both parties.
Section 6. Legal Authority. That the legal authority for borrowing monies to plan this
project is provided to the Village by Section 166.021, Florida Statutes, and Section 166.111, Florida
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Statutes.
Section 7. Conflicts. That 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 8. Severability. That 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. That this Ordinance shall become effective immediately upon
adoption on second reading.
PASSED on first reading the 13th_ day of _December , 2022.
PASSED AND ADOPTED on second reading the 17th day of _January , 2023.
ATTEST:
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JOCE YN B. r., CH
VILLAGE CLERK
JOE I. RASCQ 1AY;OR
APPROVED AS TO FORM AND LEGALITY:
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
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