Item D35
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 21, 2006
Division:
Budget & Finance
Bulk Item: Yes X No
Department: Office of Management & Budget
Staff Contact Person: Salvatore R. Zappulla
AGENDA ITEM WORDING: Approval of an amendment to the Interlocal Agreement dated
ll/l9f2003 Between Florida Keys Aqueduct Authority (FKAA) and Monroe County to remove the
Marathon MSTU.
ITEM BACKGROUND: The FKAA and County entered into an interlocal agreement on November
19, 2003, encompassing a municipal service taxing unit (MSTU) for the Marathon MSTU (Ordinance
No. 035-2003) for the purpose of funding the costs associated with wastewater projects within the
respective area. The FKAA and City of Marathon entered into an interlocal agreement on October 25,
2005 which authorized the City of Marathon to take full responsibility and obligation for the sewering
and wastewater treatment for the City of Marathon.
PREVIOUS RELEVANT BOCC ACTION:
At the May 2006 meeting the Board tabled the agenda item regarding the repeal of the Marathon
MSTU.
CONTRACTfAGREEMENT CHANGES: NfA
ST AFF RECOMMENDATIONS: Approval
TOTAL COST:
-0-
BUDGETED: Yes
No NfA
COST TO COUNTY:-O-
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty. _ OMBfPurchasing_
Risk Management
DIVISION DIRECTOR APPROVAL:
To Follow
DOCUMENTATION:
Included
DISPOSITION:
AGENDA ITEM #
Revised 2/05
AMENDMENT TO
INTERLOCAL AGREEMENT DATED 11/1912003
BETWEEN FKAA AND MONROE COUNTY
TO REMOVE MARATHON MSTU
THIS AMENDMENT TO INTERLOCAL AGREEMENT (Amendment) is entered into this
_ day of , 2006, pursuant to Sec. 163.01, FS, by and between Monroe
County, a political subdivision of the State of Florida, (County), and the Florida Keys Aqueduct
Authority, an independent special district, (FKAA).
WHEREAS, the parties did, on November 19, 2003, enter into an interlocal agreement
encompassing municipal service taxing units for: Marathon MSTU (Ordinance No. 035-2002),
Conch Key MSTU (Ordinance No. 036-2002), Bay Point MSTU (Ordinance No. 037-2002), Big
Coppitt MSTU (Ordinance No. 038-2002), for the purpose of funding the costs associated with the
administration, planning and development of wastewater and reclaimed water projects within the
respective MSTU's; and
WHEREAS, pursuant to an interlocal agreement entered between the FKAA and the City of
Marathon on October 25, 2005, the FKAA has authorized the City of Marathon to take full
responsibility and obligation for the sewering and wastewater treatment of the City of Marathon;
and
WHEREAS, the FKAA and County desire to amend the November 19, 2003, interlocal
agreement to reflect the change in responsibilities, obligations, and to authorize any monies
collected for the Marathon MSTU and which are not been spent by FKAA and County for Marathon
project(s) to be made available to the City of Marathon through a separate interlocal agreement;
NOW, THEREFORE, IN CONSIDERATION of the mutual consideration and promises set
forth below, the parties agree as follows:
1. Paragraph 1 of the Interlocal Agreement dated November 19, 2003, shall be amended to
delete the Marathon MSTU as of the effective date of this amendment.
2. County will enter into an interlocal agreement with the City of Marathon to disburse for
wastewater purposes the monies remaining in the Marathon MSTU after reimbursement of
FKAA expenses related to Marathon projects and application of any Marathon MSTU funds
for County expenditures related to the Marathon projects. The FKAA shall promptly
provide County with invoices for any unreimbursed expenditures payable from the
Marathon MSTU funds no later than the effective date of this amendment.
County/FKAA elim Marathon
1
3. All other provisions of the November 19, 2003 interlocal agreement not inconsistent
herewith shall remain in full force and effect.
4. This amendment will take effect on the date a copy executed by both parties is filed with the
Clerk of the Courts of Monroe County, Florida.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _ day of
,2006.
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
(SEAL)
By:
By:
Deputy Clerk
NE A.. HU
COU~rn~Y
ATTEST:
Datmy L. Kolhage, Clerk
Dale
THE FLORIDA KEYS AQUEDUCT
AUTHORITY
(SEAL)
ATTEST:
By:
Chairman
By:
Clerk
County/FKAA elim Marathon
2
ExmBIT A
MARATHON MUNICIPAL SERVICETAXING UNIT AREA
All of the incorporated municipal limits of the City of Marathon, Florida. Extending from the east end of
the 7-Mile Bridge through Grassy Key and generally bounded on the west by Knight Key Channel, on
the east by Tom's Harbor Channel, on the north by Florida Bay, and on the south by the Atlantic Ocean
(approximate Mile Marker 47 to Mile Marker 60);
LESS AND EXCEPT, Little Venice Wastewater District Service Area which includes the area described
as bounded by US Highway 1 on the northwest and by the Atlantic Ocean on the southeast from Vaca
Cut to 95' Street along the western side of the Marathon Airport (for purposes of clarification, the Little
Venice Wastewater District Service Area includes the areas as described bounded by US Highway 1 on
the northwest and by the Atlantic Ocean on the southeast from Vaca Cut to the western boundary of
Buttonwood Acres Subdivision according to Plat Book 04, at Page 160, Public Records Monroe County,
Florida, and includes all parcels abutting 95" Street); and also
LESS AND EXCEPT, beginning at the point of intersection of the north right-of-way line of US
Highway One with the southeast comer of the Marathon Airport, then commencing northerly along the
easterly border of the Marathon Airport to the intersection of the south right-of-way line of 6' Avenue
(Airport Boulevard), then commencing northerly to the intersection of the north right-of-way line of 6'
Avenue (Airport Boulevard) and the southwest comer of the plat of Stirrup Key Bight (as recorded in
Plat Book 3, at Page 1680f the Public Records of Monroe County, Florida), then continuing northerly
along the west line of the plat of Stirrup Key Bight to the shoreline of Florida Bay, then easterly
following the shoreline of Florida Bay to the intersection of the east right-of-way line of 113' Street
(Margaret Avenue) to the intersection of 1* Street (Chester Street), then westerly along 1* Street (Chester
Street) to the intersection of Key Colony Drive, then southerly along Key Colony Drive to the
intersection of the north right-of-way line of US Highway One, then westerly along the north right-of-
way line of US Highway One to the intersection of the west right-of-way line of 107' Street (Industrial
Avenue), then continuing westerly along the north right-of-way lien of US Highway One a distance of
approximately 60 feet to the point of beginning herein described (sometimes referred to as the "Little
Venice Expanded Service Area").
CountylFKAA elim Marathon
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