Resolution 2005-026
RESOLUTION NO. 2005- 26
A RESOLUTION OF TIU: BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING SIGNING OF A LOAN
AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION RELATING TO THE STATE REVOLVING FUND LOAN
PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN AGREEMENT;
ESTABLISIDNG PLEDGED REVENUES; DESIGNATING AUTHORIZED
REPRESENTATIVES; PROVIDING ASSURANCE; PROVIDING FOR
CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE
WHEREAS, Florida Statues authorize loans to local government agencies, including Collier
County, to finance planning, design administration, and construction of water pollution control
facilities; and
WHEREAS, the Florida Administrative Code requires authorization 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. WW597l7S
as being eligible for available funding; and
WHEREAS, Collier County, Florida, has applied for and intends to enter into a loan
agreement with the Department of Environmental Protection under the State Revolving Fund for
project financmg.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT AS
FOLLOWS:
I. The foregoing findings are incorporated herein by reference and made a part hereof.
2.. The Board of County Commissioners of Collier County, Florida, as Ex-Officio the Governing
Board of the Collier County Water-Sewer District authorizes the loan agreement for a construction
loan to finance the North County WRF Expansion Reclaimed Water Transmission System and Pump
Station 1.03 in the amount of $6,217,658, excluding capitalized interest.
3. The revenues pledged for the repayment of the loan are the Collier County Water-Sewer District's
net operating revenues and Wastewater System Development fees.
4. The Division Administrator of the Collier County Public Utilities is hereby designated as the
County's "Authorized Representative" to provide the assurances and commitments required by the
loan application.
5. The Division Administrator of the Collier County Public Utilities is hereby designated as the
"Authorized Representative" to execute the loan agreement and subsequent amendments, which will
become a binding obligation in accordance with its terms when signed by both parties to the
agreement. The Division Administrator of the Collier County Public Utilities is hereby authorized to
represent the Collier County Water-Sewer District in carrying out the Collier County Water-Sewer
District's responsibilities under the, loan agreement.' The Division Administrator of the Collier
County Public Utilities is hereby authorized to delegate responsibility to appropriate staff to carryout
technical, financial, and administrative activities associated with the loan agreement and subsequent
amendments.
6. The legal authority for borrowing moneys to construct this Project is Florida Statutes.
7. Conflicts. Resolutions and parts of Resolutions, if any, in conflict with any of the provisions of
this Resolution supercedes by this Resolution to the extent of all such conflicts, if any.
8. Severability. If any Section or portion of a Section of this Resolution is held to be invalid,
unlawful, or unconstitutional, by an authoritative forum having such authority, such shall not
invalidate or impair the validity, force or effect of any other Section or other part of this Resolution.
9. Effective Date. This Resolution shall become effective immediately upon its adoption.
PASSED AND DULY ADOPTED by the
County, Florida, this 11 day of Y"n.."ry'
adoption.
Board of County Commissioners of Collier
, 2005 after majority vote in favor of
ATTEST:
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BOARD OF COUNTY cOMtltS~IQi%RS ". ';{~6\
COLLIER COUNTY, FLOR;!J:tl\;'ASo' " (,. ~
EX-OFFICIO THE GOVERNrnG WARD '- ::
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OF THE COLLIER COUNTy':o/t\TIlI{ - _ :' jJ g
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DWIGHT E. ~~Q~K, Clerk
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Approved as to form and legal sufficiency:
Tho:f~~~ ?~
Assistant County Attorney
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