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Resolution 515-2006 Mayor McCoy RESOLUTION NO. 515 -2006 A RESOLUTION OF THE BOARD OF COUNTY COMMiSSIONERS OF MONROE COUNTY, FLORIDA, AUTHOR1ZING THE STATE OF FLORIDA DEPARTMENT OF ENVmONMENTAL PROTECTION TO DISTRiBUTE THE STATE APPROPRiATION FROM THE 2006-2007 GENERAL APPROPRiATIONS ACT, CHAPTER 2006-25 LAWS OF FLORIDA, IN THE AMOUNT OF SIX MILLION THIRTY EIGHT THOUSAND DOLLARS ($6,038,000.00) FOR CONSTRUCTION OF WASTEWATER FACILITY PROJECTS DIRECTLY TO THE KEY LARGO WASTEWATER TREATMENT DISTRICT AND THE SUM OF ONE MILLION DOLLARS ($1,000,000.00) DIRECTLY TO THE CITY OF MARATHON. WHEREAS, the Florida State Legislature appropriated Twenty Million Dollars to be used by the Department of Environmental Protection (DEP) in Specific Appropriation Nnmber 1818 to fund the construction of wastewater facility projects in Monroe County and the City of Key West in the General Appropriations Act, chapter 2006-25 Laws of Florida; and WHEREAS, Eighteen Million Dollars is to be used for projects in Monroe County and Two Million Dollars is to be used in the City of Key West; and WHEREAS, at the Board of County Commissioners' meeting of August 16, 2006, the Board decided on the amounts to be allocated to particular entities from the Eighteen Million Dollars as follows: Six Million Tbirty-eight Thousand Dollars ($6,038,000.00) - Key Largo Wastewater District (District) One Million Dollars ($1,000,000.00) - City of Marathon (City) Ten Million Nine Hundred Sixty Two Thousand Dollars ($10,962,000.00) - Monroe County, for the Big Coppitt project; and WHEREAS, it is more efficient and cost effective if the DEP deals directly with each entity receiving funds; and WHEREAS, there is no requirement by the state that the funds go through Monroe County for distribution; and WHEREAS, DEP is willing to negotiate financial assistance agreements and process the funds as allocated directly with Monroe County, City and District; and WHEREAS, the funding is subject to the following prnviso in the Specific Appropriation Number 1818: "In order to be eligible for funding under this specific appropriation, each grant recipient must document that the wastewater project: Is desigued to meet the wastewater treatment and disposal requirements in chapter 99-395, Laws of Florida, as amended; Is included in the Monroe County Sanitary Wastewater Master Plan or other formally adopted planuing document addressing engineering and financing; Involves exclusively constrnction or design - build; Has been openly procured among contractors qualified to build wastewater facilities in the physical environment of the Florida Keys; Is to be located on sites acquired not later than March I, 2007; Will initiate construction no later than May I, 2007; Will result in the completion of entire facilities or significant phases of facilities; Leverages other moneys (local funds, including local bonding; Departtnent of Environmental Protection State Revolving Fund loans; or other sources of money) to the maximum extent possible; C:\PETERS - CAY Feb. 2005\CA Y AGENDA ITEMS 2006\BOCC 10 18 06\Other Depts\Wastewater\Reso for ~ct distribution KL and Marathon 20061026sg (2)gm.doc Shall provide at least a 60% match from any other sources except a direct line item appropriation from the State Legislature; Has in place a system of user charges, fees, assessments, or other funding mechanisms to pay for the completion of construction and long term operation and maintenance of the project; and Provides mechanisms to ease the cost burden of the project on low-income residents." and WHEREAS, pursuant to the appropriation legislation the Secretary of DEP is to decide whether the criteria in the above proviso have been met; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY: I. Six Million Thirty Eight Thousand Dollars ($6,038,000.00) from Specific Appropriation Number 1818 shall be used by the State of Florida DEP to enter into a financial assistance agreement to fund the construction of wastewater fucility projects within or for the Key Largo Wastewater District as agreed upon exclusively between DEP and District. 2. One Million Dollars ($1,000,000.00) from Specific Appropriation Number 1818 shall be used by DEP to enter into a financial assistance agreement to fund the construction of wastewater facility projects within or for the City of Marathon as agreed upon exclusively between DEP and City. 3. Other funds from Specific Appropriation Number 1818 desiguated for Monroe County, Ten Million Nine Hundred Sixty Two Thousand Dollars ($10,%2,000.00), shall remain available for the Monroe County Big Coppitt project under the conditions of the appropriation's proviso language and for the purpose of entering into a financial assistance agreement with DEP. 4. If DEP determines that District, City or the Monroe County Big Coppitt project do not meet the conditions of the proviso language in the appropriation language as stated above, or the terms of any financial assistance agreement, DEP may revisit the allocations of funds with Monroe County. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 18thday of October. 2006. r-3 - :r. 0 g o ~ .... :z _ <::) :;o(")~,. n orz --t ""-~-< ("")::"'r ~ S~7:: ~~-");:: -<~i::::: ~ . p' -.., c;'> r 1""1 BOARD OF COtfff.. COMMISSIONERS OF MONROE C i 1 ,FLORIDA By: MAyorl' \ Mayor Charles "Souny" McCoy Mayor Pro Tern Dixie Spehar Coml'llissioner Mario Di Gennaro COI:nmissioner George Neugent Commissioner Glenn Patton Yes... Yes... Yes... 'UlJi.. Yes... (SEAL) MONROE COUNTY ATTORNEY APPROV 0 AS TO FORM: vL f) . SUS M. GRIMSLEY ASSISTi! T COUNTY ATTORNEY Olle 10'. 3'-Otf? 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