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Home My Public Portal About2023-17 Concerning the Village's Stormwater Project relating to the Clean Water State Revolving FundO RD IN A N C E N O . 2023-17 A N O RD IN A N C E O F T H E V IL L A G E O F KE Y B IS C A YN E , F L O RI D A C O N C E RN IN G T H E VI L L A G E 'S ST O RM W A T E R P R O JE C T RE L A T IN G T O T H E C L E A N W A T E R ST A T E RE V O L V IN G F U N D L O A N P R O G RAM ; M AKI N G F IN D IN G S ; A U T H O RI Z IN G T H E L O AN A P P L IC A T IO N ; A U T H O RI Z IN G T H E A M E N D M E N T T O L O A N A G RE E M E N T ; E S T AB L IS H IN G P L E D G E D RE VE N U E S ; D E S IG N A T IN G A U T H O RI Z E D RE P RE S E N T A T IVE S ; P R O V ID IN G A S S U RA N C E S ; P R O V ID IN G F O R C O N F L IC T S , S E VE RAB IL IT Y A N D E F F E C T IV E D A T E . W H E RE A S , 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 designated Project No. WWl 3160 (the "Project") of the Village of Key Biscayne (the "Village") as eligible for available funding; and WHEREAS, on May 12, 2023, the Village entered 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, to provide funding for an updated stormwater master plan as part of a Project; and WHEREAS, the Village intends to enter into an amendment to the Loan Agreement ("Amendment No. 1 to Loan Agreement") with DEP under the Clean Water State Revolving Fund for additional Project financing, in an amount not to exceed $3,492,980, to provide funding for completion of design of the first phase (Zone 1) of the Project, including pre-design engineering studies, surveys, and geotechnical work; N OW , TH ERE FO RE , BE IT ORD AINE D BY THE COUNCIL OF THE VI LLAGE O F KE Y BISC A YN E, FLO RI DA , AS FO LLOW S: Section 1. R ecitals. That above-stated recitals are true and correct and are incorporated herein by reference and made a part hereof. Section 2. A uthorization to Apply. That the Village is authorized to apply for a loan from the Clean Water State Revolving Fund to finance additional costs of the Project as described above. Section 3. Pledged R evenues. That the revenues pledged for the repayment of the loan described in Am endment No. 1 to Loan Agreement shall consist ofStormwater 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 Storm water Utility Refunding and Improvement Revenue Bonds, Series 2013 (as amended and reissued in 2016). Section 4. V ill age M anager Authorization. That the Village Manager is hereby designated as the authorized representative of the Village to execute the Loan Application for the additional funding 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 Amendment No. 1 to Loan Agreement, and to delegate responsibility to appropriate Village staff to carry out technical, financial, and administrative activities associated with the Loan Application and Amendment No. 1 to Loan Agreement. 2 Section 5. A uthorization to Execute Am endment No. 1 to Loan Agreement. That the Village Manager is hereby designated as the authorized representative of the Village to execute Amendment No. 1 to Loan Agreement in substantial conformity with the standard form of Amendment to Loan Agreement required by DEP for its Clean Water State Revolving Fund Loans and after approval by the Village Attorney, which Amendment No. 1 to Loan Agreement will become a binding obligation in accordance with its terms when signed by both parties. Section 6. Legal A uthority . That the legal authority for borrowing monies to plan the Project is provided to the Village by Section 166.021, Florida Statutes, and Section 166.111, Florida Statutes. Section 7. Confli cts. 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 D ate. That this Ordinance shall become effective immediately upon adoption on second reading. 3 P A SSE D on first reading the 14th day of November, 2023. MAYOR ATTEST: J0CEYNB.K VILLAGE CLERK APPROVED AS TO FORM AND LEGALITY: ~J~ WEISS SEROTA HELFMA N COLE & BIERMAN, P.L. VILLAGE ATTORNEY 4 M IA M I-D A D E STAT E O F FLO R ID A C O U N TY O F M IA M I-D A D E : Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, of Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - ORDINANCE - SECOND READING - DEC. 12, 2023 in the XXXX Court, was published in a newspaper by print in the issues of Miami Daily Business Review f/k/a Miami Review on 12/01/2023 (SEAL) GUILLERMO GARCIA personally known to me /i~~~f*~·-. RO SAN A SALG ADO f•(A ':•1 Commission# HH 336987 ,1111. •-.:~ '-~~r ... i~/ Expires November 30, 2026 '•,,~f.fX•··· VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday, December 12, 2023 at 6:30 p.m., in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida: 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 AMENDMENT TO LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS, SEVERABILITY AND , EFFECTIVE DATE. . The proposed ordinance may be inspected by the public at the Office of the Village Clerk. Interested parties may appear in person at the Public Hearing and be heard with respect to the proposed Ordinance. Any person, wishing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk prior to that item being heard. · 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, 88 West McIntyre Street, Suite 220, 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 =soect to any matter to be considered at this meeting, that person shall insure 1 verbatim record of the proceedings is made including all. testimony svldence upon which any appeal may be based (F.S. 286.0105). , irnents of any interested party relative to this matter may be submitted Nriting via email to publiccomments@keybiscID'[le.fl.gov or presented in son at the public hearing. 12/1 Jocelyn B. Koch, Village Clerk 23-21/0000696633M