Fort Walton Beach Council agenda — 11-23-2010 Regular — reading text

supervisors, officers, agents and employees and independent contractors, beyond any statutory limited waiver of immunity or limits of liability and nothing in this agreement shall inure to the benefit of any third party for the purpose of allowing any damage, loss, or claim which would otherwise be barred by the parties' rights to sovereign immunity or by operation of law. 10. Notices Any notice required by this Agreement may be given by mailing such notice by first class mail, addressed to the County Administrator or the City Manager at the following addresses: County Administrator City Manager Okaloosa County City of Fort Walton Beach 1804 Lewis Turner Blvd., Suite 400 1 107 Miracle Strip Parkway SW Fort Walton Beach, FL 32547 Fort Walton Beach, FL 32548 -6614 11. Binding Covenant This agreement is a covenant running with the land and shall be binding on and inure to the benefit of the parties, their heirs, successors, and assigns. The County shall record this agreement in the public records of Okaloosa County, Florida, and provide the City, within ten ( 10) days of recording, a copy of the recorded document. 12. Modification; Amendment Any modification or amendment to this agreement shall not be valid and binding unless and until such modification or amendment is approved through an official act of both parties. In witness whereof, the parties have executed this Joint Use Agreement on the dates indicated below. End of Text Page 5 of 7 Judicial Center Joint Use Agreement BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA Date By: Wayne Harris, Chairman Witness: Printed Name: Witness: Printed Name: Attest: Clerk of Court Approved as to Form and Legal Sufficiency: John R. Dowd, Sr., County Attorney CITY COUNCIL CITY OF FORT WALTON BEACH Date By: Mike Anderson, Mayor Witness: Printed Name: Witness: Printed Name: Page 6 of 7 Judicial Center Joint Use Agreement Attest: City Clerk Approved as to Form and Legal Sufficiency: Hayward Dykes, Jr, City Attorney Page 7 of 7 Judicial Center Joint Use Agreement  9. 1 Comments from the public on items not on the agenda 10. RESOLUTIONS 10. 1 Resolution 2010 -35. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; STATING FINDINGS; AUTHORIZING THE LOAN APPLICATION; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Synopsis: Approves a loan from the State in the amount of $2, 183,598 with an estimated interest rate of 2.57 %, with a payback period of 20 years to complete the Hurlburt Field Reuse Water Main Project. Debt service payment has been accounted for in the latest Utility Rate Study. ( Engineering and Utilities Director) 10. 2 Resolution 2010 -40. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010 BUDGET TO MAKE CERTAIN AMENDMENTS TO APPROPRIATIONS OF CITY FUNDS; AND PROVIDING AN FFECTIVE DATE. Synopsis: 30,953 from other revenues and $ Increases year end budget for General Fund by 787,013 from undesignatedfund balance for early retirement payouts, and increases Law Enforcement Trust Fund by $ 1, 999for agency spending, and increases Utilities Fund by $ 66,203 for early retirement payouts. Finance Director) 10. 3 Resolution 2010 -41. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2011 BUDGET TO MAKE CERTAIN AMENDMENTS TO APPROPRIATIONS OF CITY FUNDS; AND PROVIDING AN EFFECTIVE DATE. Synopsis: Increases current fiscal year budget for General Fund by $ 32, 000, the Utilities Fund budget by $ 386, and the Stormwater Fund budget by $ 36,300 due to additional unanticipated revenues and expenditures. ( Finance Director) 10. 4 Resolution 2010 -42. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, DESIGNATING A BROWNFIELD AREA IN THE CITY FOR PROPERTIES GENERALLY LOCATED IN THE WHOLESALE AND LIGHT INDUSTRIAL ZONING DISTRICT AS DEPICTED IN EXHIBIT A AND DESCRIBED IN EXHIBIT B, CONSISTING OF APPROXIMATELY 236 ACRES, FOR PURPOSES OF ENVIRONMENTAL SITE REHABILITATION AND ECONOMIC REDEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. Synopsis: Designates a Brownfield Area consisting of approximately 236 acres for properties located in the Hollywood Boulevard Wholesale and Light Industrial Zoning District area for purposes ofenvironmental site rehabilitation and economic redevelopment. ( Engineering and Utilities Director) 11. ORDINANCES —FIRST READING 11. 1 No items 12. ORDINANCES —SECOND READING 12. 1 No items 13. APPOINTMENTS 13. 1 No items 14. ACTION -DIRECTION- DISCUSSION  CITY OF FORT WALTON BEACH MEMORANDUM To: Robert T. Mearns, City Manager From: Michael D. Beedie, P. E., Engineering and Utility Services Director Date: November 10, 2010 Subject: Resolution 2010 -35 — Loan Application and Agreement for SRF Funding for Hurlburt Field Reuse Water Main Project 1. BACKGROUND: I. I. In December of 2000, the City received a $ 1, 210,000 grant through the Florida Defense Infrastructure Grant ( FDIG) program to design, permit, and install reuse water infrastructure within Hurlburt Field Air Force Base and the City. Upon completion, this system will provide beneficial reclaimed water to areas of Hurlburt and the City for such uses as irrigation, process water, and cooling tower water. After encountering several delays, the City advertised the project for sealed bids in January 2006. As a result of increases in material and labor costs over the past 18 months, the bids for this project exceeded the remaining grant amount by over $ 2, 000, 000. 1. 2. During the June 13, 2006, City Council meeting, Council awarded Bid No. 06- 116 for a " scaled down" project to Hemphill Construction Company to install 11, 000 linear feet of 12 -inch ductile iron reuse water main from the Hurlburt Field wastewater treatment facility to the western end of Lovejoy Road NW. 1. 3. The remaining portion of the project includes the installation of approximately 20,000 linear feet of reuse water main from the western end of Lovejoy Road NW to the Beal Memorial Cemetery. A connection shall also be made to the existing 200,000 -gallon elevated water storage tank at Well No. 3, located at Wright Parkway NW and Holmes Boulevard NW, to provide the required system pressure for the reuse water system. 1. 4. At the April 28, 2009, City Council meeting, Council approved Resolution No. 2009 -14 authorizing the City Manager to submit an application to include the remaining phases of the Hurlburt Field / City of Fort Walton Beach Reuse Water Main Project in the FDEP' s Clean Water State Revolving Fund ( SRF) Program for potential funding. 2. DISCUSSION: 2. 1. On August 23, 2010, FDEP requested the SRF completion of the Loan Application as soon as possible in order to expedite the preparation of a loan agreement with the anticipation that a U.S. Treasury bond issuance will occur by the end of September to allow funding of the project.  CITY COUNCIL MEETING November 23, 2010 Resolution Resolution 2010 -35. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; STATING FINDINGS; AUTHORIZING THE LOAN APPLICATION; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Synopsis: Approves a loan from the State in the amount of $2, 183, 598 with an estimated interest rate of2.5701o, with a payback period of20 years to complete the Hurlburt Field Reuse Water Main Project. Debt service payment has been accountedfor in the latest Utility Rate Study Agenda Item Number: 10. 1  2. 2. The amount of the SRF loan is $ 2, 183, 598, and the estimated interest rate is 2. 57 %. The loan has a payback period of 20 years, and the debt service payment was included in the latest Utility Rate Study. 2. 3. FDEP requires the City to adopt a resolution authorizing the submittal of the Loan Application. Resolution No. 2010 -35 provides the authorization to submit the Loan Application and execute the Loan Agreement. 2. 4. The City Attorney or Bond Counsel will also need to