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Resolution No. 11-20 v RESOLUTION NO. 11 -20 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, 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 Statutes provide for loans to local government agencies to finance the 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. WW16070 as eligible for available funding; and WHEREAS, the City of Atlantic Beach, Florida, intends to enter into a loan agreement with the Department of Environmental Protection under the State Revolving Fund for project financing. NOW, THEREFORE BE IT RESOLVED by the City Commission of the City of Atlantic Beach, Florida that SECTION I. The forgoing findings are incorporated herein by reference and made a part hereof. SECTION II. The City of Atlantic Beach, Florida is authorized to apply for a loan to finance the Project. SECTION III. The revenues pledged for the repayment of the loan are net water and sewer utility system revenues after payment of debt service on the City's Utility System Revenue Bonds, Series 2004, the Utility System Revenue Refunding Bonds, Series 2010B, the Utilities System Revenue Bonds, Series 2010A -1, and the Utilities System Revenue Bonds, Series 2010A -2, and also after payment of the City's outstanding SRF loan, pursuant to Drinking Water State Revolving Fund Construction Loan Agreement DW160710 from the State of Florida Department of Environmental Protection. SECTION IV. The City Manager is hereby designated as the authorized representative to provide the assurances and commitments required by the loan application. SECTION V. The City Manager 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 City Manager is authorized to represent the City in carrying out the City's responsibilities under the loan agreement. The City Manager is authorized to delegate responsibility to appropriate City staff to carry out technical, financial and administrative activities associated with the loan agreement. Resolution No. 11 -20 Page 2 SECTION VI. The legal authority for borrowing moneys to construct this project is Part I, Charter, Article XV. Municipal Borrowing, Section 60. Authority to Borrow, of the Atlantic Beach, Florida Code of Ordinances. SECTION VII. Conflicts. All Resolutions or parts of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION VIII. Severability. If any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other Section or part of this Resolution. SECTION IX. Effective Date. This Resolution shall become effective immediately upon its passage and adoption. ADOPTED at a public meeting by the City Commission of the City of Atlantic Beach, Florida on the 25 day of April, 2011. a C. 4m4. t) Mike Borno Mayor/Presiding Officer Approved as to form and correctness: 11 1■4 6 • n Jensen, Esquire City , torney ATTEST: (/./ V Donna L. Bartle City Clerk Resolution No. 11 -20 Page 2