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2009-R-33 RESOLUTION NO. 2009-R-33 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 DEP ARTMENT OF ENVIRONMENT AL PROTECTION FOR FINANCIAL ASSISTANCE UNDER THE STATE REVOLVING FUND DRINKING WATER FACILITIES LOAN PROGRAM FOR THE NEW WATER SUPPLY WELLS; IDENTIFYING REVENUES PLEDGED FOR REPAYMENT 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 New Water Supply Wells; and WHEREAS, City Council concurs with staffs recommendations and desires to authorize the submission of an application for financial assistance for the New Water Supply Wells; and WHEREAS, 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 ofthe City of Edge water, 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 New Water Supply Wells. #2009-R-33 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 of Edgewater in carrying out responsibilities under the loan agreement. PART B. SEVERABILITY AND APPLICABILITY. If any section, subsection, sentence, clause, phrase, or portion ofthis 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 Coy l'i' i \~IQWn &RI'\u>J">- with Second by C ()" f1I' ~ I 1'<0."- Qoo pei' . The vote on lhisreso Julion is as follows: AYE NAY Councilwoman Debra 1. Rogers ~~L A-~L- Mayor Mike Thomas Councilwoman Gigi Bennington x X )< Councilwoman Harriet B. Rhodes Councilman Ted Cooper #2009-R-33 2 PASSED AND DULY ADOPTED this 16th day of November, 2009. ATTEST: ~ LO.; '\ t ';) o"^--~ Bonnie Wenzel Citr Clerk >'..:Jl,I'" ...., ~o;~ .~. _...,.~,~~~ ~{..,., ,01'. .,' .toP.,.. ""., ~' jJ.,... .t~...r.. "f:, _ 'it;~:.~J!1 .~~.!'\t~f~,,' :1 " . i<!I..J.~ ..#:t ~ .." ~ ' . fjiT.t#.j.'''''-'' -\,,~-. f." -', f t" "f~~'~~,f i"~. ~~}.. -,~ .:..;..' ~.~. I . :~ri~ ... .~'VJ' " ..(., ." ":' ~~'IY ~~"";" ,.~, . ~.wt 4:, "".'.:~.~,.., :.,< ~,.., .~" .. ';;.!;o: .t..,. . ,.""y I.~.P' .);.;~~. -~~~..~!.~',~i;.t,.~ ". ~J' .~ l ~sf' ~., ~~; tr:: .', ~ ,. ,t'i'''~'t7,,'' .', . ,. ,.... {;"(,," f'" if "r; l.',;~r ...., ?...~jl' "t'- !I';,~V' f~/f ,~~1:.4_ ,.1.' 'VI' 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-33 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA "'\ ~~L:;Ld.~~ 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-L-. 3