HomeMy WebLinkAboutcocc_ordinance_no_07-2019_20190319 ORDINANCE NO. 07-2019
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, BREVARD COUNTY, FLORIDA: RELATING TO THE
5 STATE REVOLVING FUND PROGRAM; PURSUANT TO SECTION
6 2.12(5) OF THE CITY CHARTER AMENDING ORDINANCE NO. 01-2013
7 TO INCREASE THE TOTAL AUTHORIZED LOAN AMOUNT BY AN
8 ADDITIONAL EIGHT HUNDRED THOUSAND DOLLARS FOR
9 PURPOSES OF FUNDING CERTAIN PENDING WASTEWATER AND
10 STORMWATER IMPROVEMENT PROJECTS; PROVIDING FOR THE
11 FULL FORCE AND EFFECT OF ORDINANCE NO. 01-2013 AS
12 AMENDED HEREWITH, REPEAL OF PRIOR INCONSISTENT
13 ORDINANCES AND RESOLUTIONS, SEVERABILITY AND AN
14 EFFECTIVE DATE.
15
16 WHEREAS, Florida Statutes provide for loans to local government agencies to finance
17 the construction of water pollution control facilities; and
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19 WHEREAS, the City Council previously approved Ordinance No. 01-2013 authorizing
20 one or more loan applications to be filed with the State of Florida Department of Environmental
21 Protection in a total amount of$8,000,000 for certain wastewater and stormwater projects; and
22
23 WHEREAS, since the authorization was approved by the City Council, the City has
24 entered into an SRF Loan Agreement, account numbers 05050 and 05051, and has funded and
25 completed most of the projects planned at the time Ordinance No. 01-2013 was adopted; and
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27 WHEREAS, due to additions to the scope of work related to the projects and recent
28 increased construction costs, the City requires additional SRF funding to complete the remaining
29 projects and cover the costs associated thereto; and
30
31 WHEREAS, the City Council finds that this Ordinance is in the best interests of the
32 public health, safety and welfare of the citizens of Cape Canaveral, Florida.
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34 NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS
35 AS FOLLOWS:
36
37 SECTION 1. Recitals. The foregoing findings are incorporated herein by reference
38 and made a part hereof.
39
40 SECTION 2. Legal Authority. The legal authority for borrowing moneys to
41 construct the projects is established in Chapter 166, Florida Statutes and Section 2.12(5) of the
42 Cape Canaveral Charter.
43
44 SECTION 3. Authorization. The City Council of the City of Cape Canaveral hereby
45 amends Section 3 of Ordinance No. 01-2013 to increase the authorized total loan amount to read
46 as follows:
City of Cape Canaveral
Ordinance No. 07-2019
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The City Council of the City of Cape Canaveral hereby authorizes City staff, on behalf of
2 the City, to apply for one or more State of Florida revolving loans for point source water
3 pollution control in the amount of approximately Eight Million Eight Hundred Thousand Dollars
4 ($8,800,000.00) to finance the preconstruction activities and construction of certain wastewater
5 and stormwater improvements (hereinafter"Loan").
6
7 SECTION 4. Full Force and Effect of Ordinance No. 01-2013. All other terms and
8 conditions of Ordinance No. 01-2013 not expressly modified by this Ordinance shall remain in
9 full force and effect.
10
11 SECTION 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
12 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
13 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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15 SECTION 6. Not Incorporated into Code. This Ordinance shall not be incorporated
16 into the Cape Canaveral City Code.
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18 SECTION 7. Severability. If any section, subsection, sentence, clause, phrase, word or
19 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
20 competent jurisdiction, whether for substantive, procedural or any other reason, such portion
21 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
22 the validity of the remaining portions of this Ordinance.
23
24 SECTION 8. Effective Date. This Ordinance shall become effective immediately
25 upon adoption by the City Council of the City of Cape Canaveral,Florida.
26
27 ADOPTED by the City Council of the City of Ca. Canaveral, Florida, this 19th day of
28 March,2019.
29 NA (
30 �� °,.
31 ATTEST: . Bob Hoog, Mayor
32 _ - Name FOR AGAINST
33
34 / ' Mike Brown Motion
35 Daniel,LeFever,
36 Deputytily,ClerkRobert Hoog x
37 ' b: 1 ` _
38 First Reading: February 19, 2019 Wes Morrison Second
39 Advertisement: March 7, 2019
40 Second Reading: March 19, 2019 Rocky Randels x
41
42 Ammo v-• s to legal form and sufficiency Angela Raymond x
43 for t - C' o Cape Canaveral only by:
44
45
46 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No.07-2019
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