Resolution 2002-259
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RESOLUTION NO. 2002 - ~
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN
PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLlCA TlON;
AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES;
DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCE;
PROVIDING FOR CONFLICTS, SEVERABILITY, AND PROVIDING EFFECTIVE DATE
WHEREAS, Florida Statues provide for loans to local government agencies to finance the
planning, design administration and 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. WWG
120597160 as eligible for available funding; and
WHEREAS, Collier County, Florida, intends to enter into a loan agreement with the
Department of Environmental Protection under the State Revolving Fund for project financing.
NOW, mEREFORE, 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, that:
SECTION 1. The foregoing whereas clauses findings are incorporated herein by reference and made
a part hereof.
SECTION 2. The Board of County Commissioners of Collier County, Florida, as Ex-Officio the
Governing Board of the Collier County Water-Sewer District is authorized to apply for a construction
loan to finance construction of the North County Water Reclamation Facility (NCWRF) Flow
Equalization System.
SECTION 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.
SECTION 4. The Division Administrator of the Collier County Public Utilities is her~by d~signated
the authorized representative to provide the assurances and commitments required by the loan
application.
SECTION 5. The Division Administrator of the Collier County Public Utilities is hereby designated
as the authorized representative to execute the loan agreement, which will become a binding
obligation in accordance with its terms when signed by both parties. The Division Administrator of
the Collier County Public Utilities is 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 authorized to delegate
responsibility to appropriate staff to carryout technical, financial, and administrative activities
associated with the loan agreement.
SECTION 6. The legal authority for borrowing these moneys to construct this Project is Chapter 88-
499, Laws of Florida (a special act) and Section 403.1835, Florida Statutes.
SECTION 7. Conflicts. All Resolutions or part of Resolutions in conflict with any of the provisions
of this Resolution are hereby repealed.
SECTION 8. Severability. If any Section or portion of a Section of this Resolution is determined by
a court of competent jurisdiction to be invalid, unlawful, or unconstitutional, such a finding shall not
invalidate or impair the validity, force or effect of any severable parts of this Resolution.
SECTION 9. Effective Date. This Resolution shall become effective immediately upon its adoption.
PASSED AND DULY ADOPTED after motion, second and majority vote in favor of passage by the
Board of County Commissioners of Collier County, Florida, this ~ day of ~ I.-..L/ ,
2002.
ATT,ES:['
..'~!J.~~~;~~) /~;L4~4.
,~:, ' mfIGHT'E. BijpCK, Clerk
~y. t;.~/.I"_/
~'.~. " . De)1i:lt~:f:lerk
lltes;t, 'n'1:~ Chail'l1111' I
5ignature OR1J.
Approved as to form
and legal sufficiency:
tb~ \(J~
Tom Palmer,
Assistant County Attorney
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS .'"
EX-OFFICIO THE GOVERNINQBOARD
OF THE COLLIER COUNTY WATER -
SE:RDlS~~~
JAMES N. COLETTA, CHAIRMAN