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2009-R-34 RESOLUTION NO. 2009-R-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENT AL PROTECTION FOR FINANCIAL ASSISTANCE UNDER THE STATE REVOLVING FUND DRINKING WATER FACILITIES LOAN PROGRAM FOR THE SOUTHEAST WATER STORAGE AND PUMP STATION; IDENTIFYING REVENUES PLEDGED FOR REP A YMENT OF LOAN FUNDS; REPEALING RESOLUTIONS IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, has made the following determinations: WHEREAS, City staff has recommended that the City of Edgewater apply for financial assistance under the State Revolving Fund Drinking Water Facilities Loan Program administered by the Florida Department of Environmental Protection for construction of the Southeast Water Storage and Pump Station; and WHEREAS, the City Council concurs with staffs recommendations and desires to authorize the submission of an application for financial assistance for the Southeast Water Storage and Pump Station; and WHEREAS, the Florida Department of Environmental Protection requires a resolution authorizing the local government to apply for assistance as part of the loan application; and NOW, THEREFORE, BE IT RESOLVED by the People of the City of Edgewater, Florida as follows: PART A. STIPULATIONS. Section 1. The City Manager of the City of Edgewater, Florida, is hereby authorized to submit an application to the Florida Department of Environmental Protection for financial assistance under the State Revolving Fund Drinking Water Facilities Loan Program for the Southeast Water #2009-R-34 Storage And Pump Station. Section 2. The State Revolving Fund (SRF) loans are secured by a junior lien on and pledge of the net revenues of the water and sewer system. Section 3. The City Manager is authorized to provide assurances, execute the loan agreement, and represent the City in carrying out responsibilities under the loan agreement. PART B. SEVERABILITY AND APPLICABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court, such portion or application shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions or applications hereof. PART C. CONFLICTING PROVISIONS. All resolutions, or parts thereof that are in conflict are hereby repealed. PART D. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. PART E. ADOPTION. During the November 16, 2009 Council meeting, a motion to approve was made by Cr~lln(l11 (\'\(~f1 OCOt:)(?, with Second by(rJil I n.~lI11)DIIl.OJ~K V\ot1r.b. The vote on this resolution is as follows: AYE NAY Mayor Mike Thomas ?l~+ - A bsu--t Councilwoman Debra J. Rogers Councilwoman Gigi Bennington x Councilwoman Harriet B. Rhodes x X Councilman Ted Cooper #2009-R-34 2 PASSED AND DULY ADOPTED this 16th day of November, 2009. ATTEST: ~NU'\l0J)'^^-tfj) ~.omi~~~~.nzel ,\1' .,y..,~C"'I'~11<1'_ . . v. "~!"~"J )erh'...9~; " ~_"'"""</'''''''r::..t'\r ."" " ~.' '1~,':.;,tW .:,[:'7 Ii . . .... f '. {, J '. , 'j'7..~. _ -, ;;:~ {r;~~'!*1. ~ l' ;rJ;; ~.J~ ' ; :,~, : fj" -fJ!I:7 ~ ' ~';:I>t.X;' " ............:.e -t:J' hiJ"'.,j(\.oOIto"''''" . ,.,.;i;_ ~- ,~\C@. ~..r:q, "~ . ~ .;'.It:.: '{/:. :,."> ,,~l~ . t:;~.t~~~ ~ ~ ~~; ~ ,,;; ': ''t-'; - 11 _ ~~~}~' '- ':f '~" ....lAls , f'" : "p:. <, t~) '~...,.. iiW- ".J. ~.'# V. ~ L #,. , <( ~ .f" '" e ",-, -.~,do/ ':J!"l'""':>i.,, .~j..../',.'" ""~:t. ,;'r~....!,"t' .t~.{.: (~C lJ....OJ,~ f!.f.f. :~'S:' ",t. ,(ri 'Fr (!,:,.,'r ~ . " ,:' ,f';/ (_;~~,;,./. For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Wolfe, Ansay & Kundid #2009-R-34 CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA ~~Ar-y~J-) Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 16th day of November, 2009 under Agenda Item No. 8 -t--. 3