HomeMy WebLinkAboutcocc_ordinance No. 05-2025 State Revolving Fund (SRF)_200509161 ORDINANCE NO. 05-2025
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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, RELATING TO THE STATE REVOLVING FUND
5 PROGRAM; PURSUANT TO SECTION 2.12(5) OF THE CITY CHARTER
6 AMENDING ORDINANCE NO. 06-2019 TO INCREASE THE MAXIMUM
7 TOTAL LOAN AMOUNT NOT TO EXCEED SEVEN MILLION DOLLARS FOR
8 PURPOSES OF FUNDING CERTAIN WASTEWATER AND STORMWATER
9 IMPROVEMENT PROJECTS IN ONE OR MORE LOAN APPLICATIONS TO
10 BE FILED WITH THE STATE OF FLORIDA DEPARTMENT OF
11 ENVIRONMENTAL PROTECTION; AUTHORIZING THE LOAN
12 AGREEMENT(S}; ESTABLISHING PLEDGED REVENUES; DESIGNATING
13 AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES;
14 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
15 AND RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE.
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17 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
18 State Constitution, to exercise any power for municipal purposes, except when expressly
19 prohibited by law; and
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21 WHEREAS, Florida Statutes provide loans to local government agencies to finance
22 the planning, design and construction of water pollution control facilities; and
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24 WHEREAS, Florida Administrative Code rules require authorization to apply for
25 loans; to establish pledged revenues; to designate an authorized representative; to
26 provide assurances of compliance with loan program requirements; and to enter into loan
27 agreements; and
28
29 WHEREAS, the City Council previously adopted Ordinance No. 06-2019
30 authorizing a maximum total loan amount not to exceed Six Million Five Hundred
31 Thousand Dollars ($6,500,000) for purposes of funding certain wastewater and
32 stormwater improvement projects in one or more loan applications to be filed with the
33 State of Florida Department of Environmental Protection State Revolving Fund (SRF)
34 Program; and
35
36 WHEREAS, pursuant to Section 2.12(5) of the City Charter, the City Council desires
37 to adopt this Ordinance to increase the maximum loan amount authorized under
38 Ordinance No. 06-2019 to Seven Million Dollars ($7,000,000); and
39
40 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
41 Ordinance to be in the best interests of the public health, safety and welfare of the citizens
42 of Cape Canaveral.
City of Cape Canaveral
Ordinance No. 05-2025
Page 1 of 3
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2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
3 HEREBY ORDAINS, AS FOLLOWS:
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5 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein
6 by this reference as legislative findings and the intent and purpose of the City Council of
7 the City of Cape Canaveral.
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9 Section 2. Legal Authority. The legal authority for borrowing moneys to
1 O construct the projects is established in Chapter 166, Florida Statutes and Section 2.12(5)
11 of the Cape Canaveral Charter.
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13 Section 3. Authorization. The City Council of the City of Cape Canaveral hereby
14 amends Ordinance No. 06-2019 to increase the maximum loan amount by Five Hundred
15 Thousand and No/100 Dollars ($500,000.00) and authorizes City staff, on behalf of the
16 City, to apply for one or more State of Florida revolving loans for water pollution control
17 in the total amount of approximately Seven Million and No/100 Dollars ($7,000,000.00).
18 The proceeds of such loans shall be used to finance the preconstruction activities and
19 construction of certain wastewater and stormwater improvements (hereinafter "Loan").
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21 Section 4. Status of Ordinance No. 06-2019. Except as expressly amended by
22 Section 3 of this Ordinance, Ordinance No. 06-2019 shall remain unchanged and in full
23 force and effect.
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25 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
26 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior
27 ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the
28 conflict.
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30 Section 6. Not Incorporated into Code. This Ordinance shall not be incorporated
31 into the Cape Canaveral City Code.
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33 Section 7. Severability. If any section, subsection, sentence, clause, phrase,
34 word or provision of this Ordinance is for any reason held invalid or unconstitutional by
35 any court of competent jurisdiction, whether for substantive, procedural, or any other
36 reason, such portion shall be deemed a separate, distinct and independent provision, and
37 such holding shall not affect the validity of the remaining portions of this Ordinance.
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39 Section 8. Effective Date. This Ordinance shall become effective immediately
40 upon adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to
41 the City Charter .
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City of Cape Canaveral
Ordinance No. 05-2025
Page 2 of 3
Motion
X
X
Absent
Second
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day
of September, 2025.
4 Mi»~
5
6
7 ATTEST:
8 ~ 1~ (
11 Esther Coulson~
12 City Clerk
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19 Approved as to legal form and sufficiency
20 for nly by:
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22 --ff----+-1'----------
arganese, City Attorney
Wes Morrison, Mayor
Mickie Kellum
Kim Davis
Kay Jackson
Don Willis
Wes Morrison
City of Cape Canaveral
Ordinance No. 05-2025
Page 3 of 3
For Against