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Resolution 095-2013RESOLUTION NO. 095 _ 2013 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE 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 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. WW 44071 as eligible for available funding; and WHEREAS, Monroe County, Florida, intends to enter into a loan agreement with the Department of Environmental Protection under the State Revolving Fund for financing of the Cudjoe Regional Wastewater System project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION I. The foregoing findings are incorporated herein by reference and made a part hereof. SECTION 2. Monroe County, Florida is authorized to apply for a loan to finance the Cudjoe Regional Wastewater System project. SECTION 3. As security for the loan, Monroe County, Florida shall pledge and grant a lien on the wastewater system development special assessment revenue and the One Cent Infrastructure Sales Surtax revenues; provided, however, the pledge of and lien on the One Cent Infrastructure Sales Surtax shall be junior and subordinate in all respects to the pledge of and lien on such Sales Surtax granted for the benefit of the holders of the Bonds heretofore and hereafter issued pursuant to Resolution No. 077 -2003, as amended and supplemented. SECTION 4. The County Administrator is hereby designated as the authorized representative to provide the assurances and commitments required by the loan application. Page 1 of 2 Res Cudjoe Regional SRF BOCC 3/20/13 (KP:NGN 3/19/13) SECTION 5. The County Administrator 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 County Administrator is authorized to represent the County in carrying out the County's responsibilities under the loan agreement. The County Administrator is authorized to delegate responsibility to appropriate County staff to carryout technical, financial, and administrative activities associated with the loan agreement. SECTION 6. The legal authority for borrowing moneys to construct the Cudjoe Regional Wastewater System project is Section 153.03, Florida Statutes and Chapter 125, Florida Statutes. SECTION 7. Conflicts All Resolutions, or parts 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 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 9. Effective Date This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Board of County Commissioners - f Monte - County, Florida at a regular meeting of said Board held on the 20` day of March2,9 Z; r= aJ � Mayor George Neugent Yes - Mayor Pro Tem Heather Carruthers Yes - — ° Commissioner Danny Kolhage Yes =- � Pu - Commissioner David Rice Yes ` . n Commissioner Sylvia Murphy Yes CD _ (SEAL) 77 ATTEST: AMY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: AO A ayor MOMOE C Page 2 of 2 APMO D O M: Res Cudjoe Regional SRF . BOCC 3/20/13 (KP:NGN /19/13) RT 3HH.LMK3ER, JR. Igo