Chapter 119 - STATE REVOLVING FUND LOANS

Sec. 118.812. - Dates and Times. Chapter 120 - GENERAL EMPLOYEES AND CORRECTIONS OFFICER PENSION PLANS AND ALL EMPLOYEES DEFINED CONTRIBUTION RETIREMENT PLANS Chapter 119 - STATE REVOLVING FUND LOANS[1]

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Cross reference— Finance and Administration Department, Ch. 24.

Sec. 119.101. - Intent.

The State Revolving Fund Loans, from the Florida Department of Environmental Protection, and projects are related to rehabilitation and construction of water and sewer facilities and are in the best interests of the public. The City should undertake available projects in the furtherance of the public health, welfare and recreation.

(Ord. 89-547-234, § 1)

Sec. 119.102. - Application.

The Mayor is authorized to make application and execute necessary contracts and other documents, in the form prescribed by the State of Florida Department of Environmental Protection, for loans to be made to the City to assist in defraying the costs of projects related to rehabilitation and construction of water and sewer facilities.

(Ord. 89-547-234, § 1)

Sec. 119.103. - Information.

The Mayor or his designee is further authorized to furnish such additional information and take such other action as may be necessary to enable the City to qualify for State Revolving Fund Loans and to implement the State Revolving Fund Loans according to their terms.

(Ord. 89-547-234, § 1)

Sec. 119.104. - Authorized official.

The Mayor is designated as the authorized official of the City for the purpose of making application, providing loan application assurances, executing contracts and other documents and furnishing such information, data and documents for the State Revolving Fund Loans, as may be required, and otherwise to act as the authorized official of the City in connection with the State Revolving Fund Loans.

(Ord. 89-547-234, § 1)

Sec. 119.105. - Records.

If the State Revolving Fund Loans are made, the City, as directed by the Mayor, shall maintain such records as are necessary and furnish such information, data and documents as are required by the Department of Environmental Protection under the applicable laws to support implementation of the projects generally described in the application.

(Ord. 89-547-234, § 1)

Sec. 119.106. - Restrictions.

This Chapter shall be construed only as an authorization to apply for State Revolving Fund Loans and, if the State Revolving Fund Loans are made, as an authorization to execute necessary documents and maintain and furnish required records. Appropriation of loan and loan-related funds, changes in authorized employee positions and similar matters shall be accomplished by ordinance subsequently enacted; and no funds arising or derived from the State Revolving Fund Loans shall be expended, nor any required personnel employed, until and unless authority therefor is given by the Council.

(Ord. 89-547-234, § 1)

Sec. 119.107. - Availability of appropriations under State Revolving Fund loan programs.

Appropriations under State Revolving Fund loan programs shall be available for obligation and disbursement in accordance with the terms of the loan document and applicable State regulations, but in no case before the beginning of the period stated in the appropriation ordinance as the fiscal period of the loan or after the close of such period, unless extended or renewed by the Council; provided, that if the State Department of Environmental Protection in writing extends the period of the loan program and authorizes the City to spend the loan funds during the extended period of time, without increasing the amount of loan funds already appropriated by the Council, the appropriations under that loan program shall be automatically extended for the additional period authorized by the State Department of Environmental Protection and the fiscal period of the loan program shall be automatically extended for a like period. Upon the termination of the fiscal period, the unobligated balances of such appropriations shall be available only to pay the expenses of terminating the loan program and winding up its affairs, subject to the approval of the Council, unless otherwise provided by the Council. Extensions or renewals of the loan program automatically or by the Council, involving as well extensions or renewals of the fiscal period of the program, shall be considered for the purposes of this Section as part of the original fiscal period. Documentation of the extension of a loan shall be provided to the Council Secretary and to the Council Auditor.

(Ord. 89-547-234, § 1)

Sec. 119.108. - Pledged revenues.

The revenues for the repayment of State Revolving Fund Loans shall be the gross revenues of City's combined water and sewer system (excluding water and sewer districts 3, 4, 5, 6 and Mandarin).

(Ord. 89-547-234, § 1)

Sec. 119.109. - Dispute resolution procedure.

The JEA Managing Director or Director of Water and Waste Water or his designee shall insert the following dispute resolution procedure in the contract specifications for all projects under State Revolving Fund Loans:

(a)

In the event a dispute develops between any party and the City with respect to any part of a project (including but not limited to planning, design, construction or operation) subject to a State Revolving Fund loan, the party shall initiate a dispute under the following procedure:

(1)

Within five days of the development of a dispute, the party shall file a formal written protest with the project engineer or design professional. The written protest shall state, with particularity, all reasons and other justifications for the protest. The party is encouraged to attach as much written documentation, as he has available, to the written protest as exhibits.

(2)

Within five days after receiving the formal written protest and its exhibits, the project engineer or design professional, as the case may be, shall consider the protest and serve a written decision on the party by certified mail, return receipt requested. For purposes of this Section, the response must be served, but not actually received within the allotted five days.

(b)

If there has been no satisfactory resolution of the dispute under paragraph (a) of this Section, the party may request the following review procedure:

(1)

Within five workdays of the receipt of the project engineer's or the design professional's decision, the party shall file a request for review with the JEA Managing Director or Director of Water and Waste Water or his designee. The request for review shall be in writing and shall state, with particularity, all reasons for review of the decision. A copy shall be served upon the project engineer or design professional and such service shall be certified.

(2)

Within five workdays after the filing of the request for review, the City and the project engineer or design professional shall file, with the JEA Managing Director or Director of Water and Waste Water or his designee, a reply to the request for review. Such reply shall, to the extent possible, answer each and every reason for review stated by the party. Copies shall be served upon the party and service shall be certified.

(3)

Within five workdays of receiving the City's reply, the JEA Managing Director or Director of Water and Waste Water, or his designee, shall arrange for the appointment, by the General Counsel, of an impartial hearing officer, from the pool of environmental hearing officers, to consider the review process.

(4)

Within ten days of the appointment of the hearing officer a hearing on the review shall be held. The party shall open the hearing and shall present evidence and argument relative to his position. The City shall then present evidence and/or argument in support of its position. The party may then present rebuttal evidence and argument. If a permanent record of the proceedings is desired, the party must arrange for the presence of a court reporter.

(5)

Within ten days after the close of the hearing, the hearing officer shall enter and serve a decision on the merits of the dispute. The decision shall contain findings of facts and conclusions of law and shall be limited to materials presented at the hearing.

(6)

All costs of the review procedure including, but not limited to, hearing officer fees and the services of court reporters shall be borne by the nonprevailing party.

(c)

If there is no satisfactory resolution of the dispute under paragraph (b) of this Section then, and in such event, the party may seek his remedy at law or equity in a court of competent jurisdiction.

(Ord. 89-547-234, § 1; Ord. 2008-513-E, § 1)

Sec. 119.110. - JEA and the Water and Sewer Expansion Authority authorization.

To the extent allowed by law, the JEA and the Water and Sewer Expansion Authority shall be and is hereby authorized to exercise the rights granted in this Chapter for the purposes stated therein to rehabilitate and construct water and sewer facilities. For the purposes of this Chapter 119 the word "Mayor" shall also mean the Managing Directors of the JEA and the Water and Sewer Expansion Authority (or other such person as designated by the JEA and the Water and Sewer Expansion Authority); the word "City" shall also mean the JEA and the Water and Sewer Expansion Authority.

(Ord. 97-229-E, § 18; Ord. 2003-586-E, § 4; Ord. 2008-513-E, § 1)

Sec. 118.812. - Dates and Times. Chapter 120 - GENERAL EMPLOYEES AND CORRECTIONS OFFICER PENSION PLANS AND ALL EMPLOYEES DEFINED CONTRIBUTION RETIREMENT PLANS