Resolution 2006-085
16C3
RESOLUTION NO. 2006- 85
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 APPLICATION; AUTHORIZING THE LOAN AGREEMENT;
ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES;
PROVIDING ASSURANCE; PROVIDING FOR CONFLICTS, SEVERABILITY, AND 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. WWl20597180 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 fmancing.
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 that:
SECTION 1. The foregoing 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 ("District") is authorized to apply for a construction loan to fmance the Reclaimed
Water Aquifer Storage and Recovery (ASR) project 74030.
SECTION 3. The revenues pledged for the repayment of the loan are the District's net operating revenues and System
Development fees.
SECTION 4. The Division Administrator of the Collier County Public Utilities is hereby:
(a) Designated to be the District's authorized representative to provide assurances and conunitments required by
the loan application; and
(b) Authorized to execute the loan agreement (which will become a binding obligation in accordance with its terms
when signed by both parties); and
( c) Authorized to represent the District in carrying out its responsibilities under the loan agreement; and is
(d) Authorized to delegate responsibility to appropriate staff to carryout technical, fmancial, and administrative
activities associated with the loan agreement.
SECTION 5. The legal authority for the District borrowing moneys to construct this Project is Florida Statutes.
SECTION 6. Conflicts. All Resolutions or part of Resolutions in conflict with any of the provisions of this Resolution
are hereby repealed to the extent of such conflicts.
SECTION 7. Severability. If any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or
unconstitutional, the same shall not invalidate or impair the validity, force or effect of any other Section or part of this
Resolution.
SECTION 8. Effective Date. This Resolution shall become effective immediately upon its adoption.
PASSED AND DULY ADOPTED by the Board of County Conunissioners of Collier County, Florida, this \ ~
day of ~ ~ ' \ , 2006.
, ' . 1 ~ .'
DWIGHT E. BROC~ Clerk
B . ' ,Q,
Deputy Clerk .' ,,'
. .t*"t. .S' ',to Ch., run s
.fonlt.... 001-
Approved as to Co . d egal sufficiency:
Ib
L ill(..
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS
EX-OFFICIO THE GOVERNING BOARD
OF THE COLLIER COUNTY WATER-
SEWER DISTRICT ~
~>~ ~./'?
BY ---- - ~ iiF' /'
FRANK HALAS, C
Item # 1 rnC3
Agenda 4- -L l-fJp
Date
Date If-12-6L
Rec'd ~
ATTEST:
Thomas Palmer,
Assistant County Attorney