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HomeMy WebLinkAboutDocumentation_Regular_Tab 15_7/10/2025 Agenda Item #15. Regular Council STAFF MEMO x Meeting: Regular Council - Jul 10 2025 Staff Contact: Marjorie Craig, Utilities Director Department: Utilities ffNfflWW RESOLUTION 10-25, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, CORRECTING A TYPOGRAPHICAL ERROR ON PRIOR RESOLUTION NO. 20-24 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 ASSURANCES; PROVIDING FOR CONFLICTS, SEVERABILITY, AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. . . The Village of Tequesta (Village) Utilities Department (UD) recommends approval of Resolution 10-25, which corrects the loan number in Resolution 20-24 from DW502701 to DW50271, which was presented and approved at the October 10, 2024, Council Meeting. Additionally, the agenda staff memo for Resolution 20-24 should have referenced the water main replacement projects listed in the 2024 updated Florida Department of Environmental Protection (FDEP) "Village Facilities Plan," instead of the water treatment plant improvement project. The FDEP requires this resolution for state revolving fund (SRF) loans and it: • Authorizes the Village to submit an FDEP state revolving fund (SRF) loan application for all projects under loan number DW50271, which are listed in the most recent FDEP Village Facilities Plan (water main replacement projects) • Pledges revenues to repay the loan • Designates an authorized representative • Other purposes as required by FDEP and stated in the body of the attached resolution The loan number in the original resolution was erroneously listed as "DW50270" instead of "DW50271." FDEP has requested that we correct the resolution. Also, the October 2024 staff memo referenced the water treatment plant project, which is part of the FDEP SRF master loan DW50270. The FDEP SRF DW50271 master loan is for the water main replacement projects listed in the FDEP SRF Village Facilities Plan submitted last fall. A formal "Facility Plan Acceptance Letter" for water main (WM) replacement projects from FDEP is also attached for reference, which lists all the prioritized WM replacement projects. The existing FDEP SRF loans with the corresponding loan numbers are as follows: • DW50270 DW502700 WM#4 Country Club Dr S WM replacement (originally included WM#1 Tequesta Dr) DW502701 Water Treatment Plant Improvements • DW50271 Page 182 of 369 Agenda Item #15. DW502710 WM#2 PH2 Beach Rd WM replacement Each loan for the water main replacement projects in the Village Facilities Plan for which we apply and execute under the master loan agreement DW50271 will have a number added at the end of "DW50271," starting with "0" for WM#2 PH2 Beach Rd, as shown above. Attachments 1. Resolution 10-25 for consideration of approval 2. Resolution No. 20-24 original resolution passed with the incorrect loan number 3. FDEP Facility Plan Acceptance Letter for water main replacement projects under DW50271 4. Map of the water main replacement projects in the FDEP Village Facilities Plan This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561- 768-0443. BUDGET AMOUNT N/A AMOUNT AVAILABLE N/A EXPENDITURE AMOUNT: N/A FUNDING SOURCES: N/A IS THIS A PIGGYBACK: ❑ Yes ❑x N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑x N/A QUOTE 1 - BUSINESS NAME N/A QUOTE AMOUNT N/A QUOTE 2 - BUSINESS NAME N/A QUOTE AMOUNT N/A QUOTE 3 - BUSINESS NAME N/A QUOTE AMOUNT N/A COMMENTS/EXPLANATION ON SELECTION Not related to a procurement item 01) Reso 10-25 Correcting Typo on Reso 20-24 2) Resolution 20-24 -SRF Loan Authorization 3) 25.0204.FDEP Teguesta Facility Plan Approval Letter 4) 2025 Map of WM Replace Prom-Figure 2-3 REV Page 183 of 369 Agenda Item #15. RESOLUTION 10-25 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, CORRECTING A TYPOGRAPHICAL ERROR ON PRIOR RESOLUTION NO. 20-24 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 ASSURANCES; PROVIDING FOR CONFLICTS, SEVERABILITY, AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS, Florida Statutes provide for loans to local government agencies to finance the construction of water 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 Village Previously approved a State Revolving Fund loan application for Project No. DW50271; and WHEREAS; the previous resolution contained a typographical error referring to the incorrect project number"DW502701" and DEP has requested the Village correct the error. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: SECTION L The foregoing findings are incorporated herein by reference and made a part hereof. SECTION 11. The Village of Tequesta, Florida, is authorized to apply for a loan to finance Project No. DW50271. SECTION III. The revenues pledged for the repayment of the loan are net water system revenues after payment of debt service on the Village's Promissory Note, Bank of America, Series 2008. SECTION IV. The Village Manager is hereby designated as the authorized representative to provide the assurances and commitments required by the loan application. SECTION V. The Mayor of Tequesta 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 Mayor is authorized to represent the Village in carrying out the Village's responsibilities under the loan agreement. The Mayor is authorized to delegate Page 184 of 369 Agenda Item #15. responsibility to appropriate Village staff to carry out technical, financial, and administrative activities associated with the loan agreement. SECTION VI. The legal authority for borrowing moneys to construct this Project is section 166.111 Florida Statutes. SECTION VII. All resolutions or part of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION VIII. 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 IX. This Resolution shall become effective immediately upon its passage and adoption. PASSED and ADOPTEDS this Day of , 2025 Page 185 of 369 Agenda Item #15. RESOLUTION 20-24 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, 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 ASSURANCES; PROVIDING FOR CONFLICTS, SEVERABILITY, AN EFFECTIVE DATE, AND FOR OTHER PURPOSES WHEREAS, Florida Statutes provide for loans to local government agencies to finance the construction of water 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 currently designates Project No. DW50270 as eligible for available funding; and WHEREAS; the Village of Tequesta, Florida, intends to enter into a loan agreement with the Department of Environmental Protection under the State Revolving Fund for Project No. DW502701 financing. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS: SECTION I. The foregoing findings are incorporated herein by reference and made a part hereof. SECTION II. The Village of Tequesta, Florida, is authorized to apply for a loan to finance Project No. DW502701. SECTION III. The revenues pledged for the repayment of the loan are net water system revenues after payment of debt service on the Village's Promissory Note, Bank of America, Series 2008. SECTION IV. The Village Manager is hereby designated as the authorized representative to provide the assurances and commitments required by the loan application. SECTION V. The Mayor of Tequesta 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 Mayor is authorized to represent the Village in carrying out the Village's responsibilities under the loan Page 186 of 369 Agenda Item #15. agreement. The Mayor is authorized to delegate responsibility to appropriate Village staff to carry out technical, financial, and administrative activities associated with the loan agreement. SECTION VI. The legal authority for borrowing moneys to construct this Project is section 166.111 Florida Statutes. SECTION VII. All resolutions or part of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION VIII. 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 IX. This Resolution shall become effective immediately upon its passage and adoption. PASSED and ADOPTED this 10th Day of October, 2024 Page 187 of 369 Agenda Item #15. pEPART DeSantis FLORIDA DEPARTMENT OF Ron Governor O 4 Environmental Protection Jeanette Nunez i o Lt.Governor L O �� Marjory Stoneman Douglas Building MEN7AL va 3900 Commonwealth Boulevard Secretary Tallahassee, FL 32399 February 4, 2025 Marjorie Craig, PE Utility Director 345 Tequesta Drive Village of Tequesta, Florida 33469 Re: Facility Plan Acceptance Letter—Village of Tequesta (DW50271) Water Main Replacement Program Dear Ms. Craig: The planning document entitled "Village of Tequesta Utilities Department Water Main Replacement Program" dated December 2024, updated January 2025 in 14 different areas in the Village, is in conformance with the requirements set forth in Chapter 62-552, Florida Administrative Code (F.A.C.). The 14 different areas in the Village are: 1. WM #1 Tequesta Drive, 2. WM #2 Beach Road(Phase 2), 3. WM #3 Jupiter in the Pines (South), 4. WM #4 Country Club Drive- Construction has been completed 5. WM #5 Country Club Drive (North), 6. WM #6 Waterway Village Neighborhood, 7. WM #7 Anchorage Point Neighborhood, 8. WM #8 Riverside Drive, 9. WM #9 Ridgewood Homes/Jupiter in the Pines (North), 10. WM #10 Heritage Oaks Neighborhood, 11. WM #11Turtle Creels Neighborhood(East), 12. WM # 12, Countyline Neighborhood (East), 13. WM # 13 Countyline Neighborhood (West), 14. WM #14 Turtle Creek Neighborhood (West), and 15. WM# 15 Rolling Hills Neighborhood) The planning document is accepted effective 2/4/2025. Please note that this approval is contingent upon the Department of Environmental Projection not receiving adverse comments concerning the project during the public comment period that is expected to run from 1/13/2025 to 2/13/2025. Page 188 of 369 Agenda Item #15. Village of Tequesta Page 2 February 4, 2025 If you have any questions or need further information,please contact the project manager Mahnaz Massoudi at (850) 245 2960 or email at mahnaz.massoudi(c�Floridadep.gov. 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