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Resolution 2003-342 RESOLUTION NO. 2003 - 342 16C7 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE SUBMISSION OF A LOAN APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) FOR TilE W ASTEW A TER CAPITAL PROJECTS PRE-CONSTRUCTION IN THE AMOUNT OF APPROXIMATELY $7,556,000; 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, The Florida Administrative Code requires 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 the subject loan agreement; and WHEREAS, the State Revolving Fund loan priority list designates Project No. WW59716P 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 financing this project. 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: 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 is authorized to apply for a pre- construction loan to cover the costs associated with the administration, planning and design of wastewater facilities improvement projects. 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 hereby designated 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. 16C7 SECTION 6. The Division Administrator of the Collier County Public Utilities is hereby authorized to delegate responsibility to appropriate staff to carry out technical, financial, and administrative activities associated with the loan agreement. SECTION 7. The legal authority for borrowing moneys to construct this Project is the Florida Statutes. SECTION 8. Conflicts. Collier County Resolutions, if any, and all parts of such Resolutions, if any, in conflict with any of the provisions of this Resolution are hereby rendered inapplicable to this project, but only to the extent of such conflicts, if any exist. SECTION 9. Effective Date. This Resolution shall become effective immediately upon its adoption. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ILH:J... day of ~ ,2003. ~ . \, \ i I ~ I I J I . , . , . I I , . ,..." ." ATTEST: "t.:, BOARD OF COUNTY COMMISSIONERS' -':' COLLIER COUNTY, FLORID~, As ">:~: EX-OFFICIO THE GOVERNING BOARD " 'j;' ~ OF THE COLLIER COUNTY ~A TER }Ji; ,., ,: SEWER~.ISj~ICT ~. "1.",:,~~"" >".:> .J~ '1,.""",\\\\\ BY . "'J' ~ '] \'" 'i ., *). I I .'. . ,>>...... , DWIGHT E. BROGX, Clerk : ~y~';~\~,b~ . . - ~ . Deputy);;r'k .~1;fst is"~ith4frun'S Itgnitur(onb. ) , ,~ ) Approved as to form and legal sufficiency: ....- -16~ Thomas C. Palmer Assistant County Attorney Po1~