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83-09 v RESOLUTION NO. 83-9 A RESOLUTION APPROVING APPLICATION TO THE STATE OF FLORIDA FOR A LOCAL GOVERN- MENTAL AGENCY LOAN WHEREAS, the City of Atlantic Beach, a political subdivision of the State of Florida, hereafter sometimes referred to as the Local Agency, wishes to make application to the State of Florida, Department of General Services, Division of Bond Finance, and the Department of Environmental Regulation for a local governmental agency loan from the State of Florida under the provisions of Section 14, Article VII, of the Constitution of Florida and Section 403.1834, Florida Statutes (the enabling legislation), for the purpose of providing funds for the acquisition and construction by the Local Agency of certain eligible water supply and distribution facilities, and air and water pollution control and abatement and solid waste disposal facilities (hereafter sometimes referred to as the "project") ; and WHEREAS, neither the Local Agency nor the State of Florida or its agencies has sufficient funds to finance the construction of the project except in the manner contemplated by this resolution; and WHEREAS, this resolution is adopted for the purpose of making application to the Division of Bond Finance and the Department of Environmental Regulation for the purpose of obtaining such a loan, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, as follows: Section 1. The Division of Bond Finance is requested to issue and sell state bonds pursuant to the provisions of Section 14, Article VII, of the Florida Constitution and Section 403.1834, Florida Statutes, for the purpose of, among other things, furnishing funds to the Local Agency for a local governmental agency loan to provide part of the cost of constructing the project. Such bonds shall be payable both as to principal and interest from the pledged revenues as hereafter specifically described and identified in Section 16. The Division of Bond Finance and the Department of Environmental Regulation shall have authority to determine the amount of bonds to be issued and the date, terms, maturities and rates of interest thereon and other features of a fiscal or tech- nical nature necessary to the issuance of the bonds. Section 2. The amount of the local governmental agency loan requested by the Local Agency is $2,350,000. The total estimated cost of the project to be constructed by the Local Agency is $2,303,000. The Local Agency agrees that the amount of the local governmental agency loan may be increased by an amount sufficient to provide from proceeds of the State bond issue the Local Agency's share of a bond reserve fund if such is deemed necessary by the Division of Bond Finance, for interest becoming due during construction of the project, for the Local Agency's proportionate share of the costs of the bond issue and for such other necessary costs, if any, as the State or its agencies may deem necessary in connection with the issuance of the bonds. Section 3. This Local Agency has the legal authority to execute a loan agreement with the State as contemplated by this resolution and to construct and operate the project. Section 4. The Local Agency will comply with all applicable regula- tions, rules and guidelines of the Division of Bond Finance, the Department of Environmental Regulation, the State Board of Administration and such other state agencies, if any, which are concerned with the pollution bond program of the State and the Local Agency will furnish all information required by the regulations and rules of the State agencies. Section 5. The Local Agency has available and will pledge revenues to meet the requirements of the Constitution and enabling legislation. Section 6. The Local Agency will apply and use any funds received in connection with the project either from the State of Florida, its agencies or the United States of America for the purpose for which they are furnished and will render such accountings of such funds as may be required by the State of Florida or the United States. Section 7. Adequate engineering studies for the project relating to construction and feasibility have been made and such studies indicate that the project can be constructed and completed from grants to be received from the United States and the proceeds to be received from the local governmental agency loan. Section 8. This Local Agency agrees that it will at all times maintain rates and charges for the project or its use sufficient together with the other pledged revenues described in Section 16 hereof to provide pledged revenues as defined in the Constitution and enabling legislation equal to at least 1-1/3 times the annual debt service requirements each year for the Local Agency's share of the state bond issue and will submit annual financial reports sub- stantiating such to the appropriate state agency or agencies. If the pledged revenues are not sufficient to pay the Local Agency's loan payments to the state agencies when due, the Local Agency will pay any deficiency in its annual loan payment described in the loan agreement from any legally available funds accruing to or in the possession of this Local Agency. Section 9. The Local Agency agrees that the appropriate state agency will hold the construction funds received from the proceeds of the state bond issue and that payments to the Local Agency for construction of the project will be disbursed by the appropriate state agency in accordance with procedures pres- cribed by the Department of Environmental Regulation. Section 10. The Local Agency agrees that in addition to payments to be made for debt service on the local governmental agency loan it will periodi- cally at the time and in the manner prescribed by the state agencies pay its proportionate share of the cost of administering the loan program authorized by the Constitution and the enabling legislation. Section 11. The Local Agency agrees that in the event the funds re- ceived from the United States and from the local governmental agency loan are not suffucient to complete the project that it will enter into an additional loan agreement to complete the project if the Local Agency can at that time demonstrate its ability to meet the debt service requirements of the original loan agreement and the additional loan agreement. If the Local Agency is unable to meet such debt service requirements it agrees that it will complete the project from other funds available to the Local Agency including the obtaining of loans from other sources or the issuance of debt obligations by the Local Agency for the purpose of completing the project. Section 12. The Local Agency agrees to adopt such further resolutions in such legal form as may be required to carry into effect the purposes and intent of this resolution and to furnish such additional information, engineer- ing studies, feasibility studies and reports as may be required by the State or its agencies. It is understood that any minor deviations, changes or additions to the proposals outlined in this resolution which, in the judgement of the Division of Bond Finance, the Department of Environmental Regulation and the Local Agency, may be necessary to carry out the general purposes and intent of this resolution substantially in accordance herewith shall not require additional resolutions or approval on the part of this Board. Section 13. Pursuant to Section 215.65, Florida Statutes, the fees charged to and all expenses paid for and on behalf of such bonds shall be paid and reimbursed to the bond fee trust fund of the Division of Bond Finance from the proceeds of the sale of the bonds if such bonds are sold, or from funds legally available to the Local Agency for such purpose if for any reason the bonds are not sold. Section 14. That the following officer of the Local Agency, namely: A. William Moss, City Manager, be and he is hereby authorized and directed to execute a local agency loan agreement between the Division of Bond Finance, the Department of Environmental Regulation and the Local Agency. Section 15. The Local Agency agrees that it will furnish a legal opinion of its counsel opinioning that the pledged revenues hereinafter identified are legally available for pledging. In the event that any of the pledged revenues are encumbered by the lien of any prior outstanding bonds, it will furnish to the state agency at the time its application is submitted, four (4) legible copies of all such prior bond resolutions or ordinances accompanied by an opinion of bond counsel for each such issue of bonds that the excess of such prior encumbered revenues are legally available for pledging to the state agencies. Section 16. The revenues to be pledged by the Local Agency to the repay- ment of its loan have not been previously pledged or encumbered except as specifically set forth in this Section 16. The pledged revenues for repayment of the loan and each separate source of revenue is specifically identified and described as follows: 1. Net wastewater revenues. 2. Earnings on investments received from the investment of the bond interest and sink- ing fund, including the debt service reserve account. Section 17. This resolution shall take effect immediately. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Passed by the City Commission on July 25, 1983 • ATTEST: (SEAL) Adelaide R. Tucker, City Clerk