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I. Wastewater Issues BOARD OF COL:\TY C<HDHSSIOi'iERS AGE:\DA ITE:\I SV:\-I!\lARY .\leeting Date: April 18, 2007/Kc\ 'Vest Di\-ision: BOCC Bulk Item: '{es ~<o X Department: DISTRICT FIVE Stail Contact Person/Phone "': Donna Hanson/305-852-7175 AGE;\DA ITE,M 'VORDI:\'G: Key Largo Waste\\,ater Treatment District pro;ect update and problems ,,-ith County right-of-,,-ay permitting process. District requests that the BOLT direct thc Public Works Departnlent to rescind its practice of delaying right-of-,,-ay permits and impos1l1g unauthorized conditions on them, ITE~.J BACKGROl1:\D: County permits are required for construction in County road rights-or-way, (.\ICC Section 16-] 8) The District applied for a right-of..,,-ay permit for construction in District Collection Basin A on 11/806. These permits are normally issued in 30 days. The (ounty delayed issuance of a permit unti 1 .3 /1'07. and Ii mi ted the permit to on Iy one phase of the eo llcction basin, The County Public Works Dept. has stated its intent to require full 0\'Cr1ay of roads any time the District undertakes construction. This \\'oilld result in a betterment of the road,,-ay from its before condition. This position is unauthorized by law: :.lCC Section 16-11.1 requires only restoration to original condition. This position also "io!ates Flori da 1m\', \\'h ich requires that a County' s control of roads must be by rule or regulation. and not by informal practice. Section 337.-1-01 F,S. PREVIOllS RELEVA:\'T BOCC ACTIO~: Adoption of :-'IC( Sections 16-16 to 16-32 pro\-iding for public right-of-\wy use permits. CO:\TRACT/AGREE~IE;\T CHA;\GFS: STAFF RECOl\DIE1\DA TIO:\S: TOTAL COST: :\'A BUDGETED: '{cs '\0 COST TO COL:\TY: '\'A SOCRCE OF FC~DS: RE\'E;\CE PRODl1CI;\G: '{es :-"'0 AMOCNT PER ~fO:\'TH Ycar APPROVED BY: County Atty _ O\m'Purchasing _ Risk ;-../lanagement DOCT~lE~TATIO;\: Included x :'<ot Required DISPOSITION: AGE:\DA ITE'1 # ..L "-'-c....... j. '_'L .:......- Thomas M Dillon ------.--.---. ._...._._...._-~_..._._~.._. ~~~-~._--~_.^~-~.=~-_...._.. From: Margaret Blank [margaretblank@-bellsouth.net] Sent: Tuesday, April 03, 20072:34 PM To: Thomas M Dillen' Subject: FW: hello .._--~.._."------...__...._-_.... ..---. - '-f2~e ,S T"is 8706 e"la!! you ~eq~ested Why I couid find this and r,ot your r:lemo, I don't k'iow, ~:; ,.~^----~~~~~,~~---------- --..------..-.....~_~_._r_~.______ _._. Fro m: Wood -Liz [mailto: Wood-Liz@monroecounty-f1.gov] Sent: Monday, August 07,2006 12:19 PM To: Margaret Blank Subject: RE: hello : am so glad you are well (and baCK), I washed the clothes I have for you this weekend_ Dreft (is that the narre of the baby detergent?) should be okay for her new baby skin. right?? Abo,...! the less lovely wastewater world. Yes. I have been busy, Trying to keep up with KLWTD, FKAA. and KWRU is a ::I:ailenge, but I just get one thing done at a time while watching everything with the other eye" Iii serd the Lower Keys handout and spreadsheet a little later today_ I got Chuck's email. but I am in the middle of completing approval 01 the paving work estimates. Please confirm that KlWTD is finished with work on the following streets in Key Largo Trailer Village: Gull Lane Heron Lane Ibis Lane Kav Drive \\-'est Avenue A Fi rst Court. Sec 02 First Court. Sec 01 Second Court. See 02 Second Court. See 01 Buttonwood A venue J ames A venue Park Drive Allen Avcnue Avenue A West First Court West Second Court Tarpon Basin Drive Avenue F A vcnue E. See 01 A venue E. Sec 02 A venue C West A venue C Bird Lanc Avenue B Third Court Village Dr. 4/3/2007 ! th::i"; Pa.ul Wand Joe Medallic,1 (and maybe you, if you are up tc it) might want:o meet to make sure the valve pits are "f;nished" 3S intended, '"I r'ad heard that the poes for assessed vacant parcels were not going to be installed untii the property is developed. I also ~ea;d that some judgment is being used to make the determination to install now or at development, Let's please be careful if ~f;8"e is any ether work planned i,1 the Key Largo Trailer Village, We really don't want to tear up recenily paved roads,) ! kr:o'N th'sw,:11 be a matter of contention going forward, but the approval to pave KL TV streets that were rot on the 7 year plan 's 2. b,'t of an exception. Not to cause contention, but keep in mind that the right of way permits issued by the engineering departmert wii'! require ful,' overlay, Kl TV and KLP permits did not specify full overlay... I wi'l wor" with everyone to ';find" funding, coordinate sHorts, elc ..but. this policy is where we are presently at. :aik to you soon;I' Can't wait 10 see you. Between you and me, I am thinking that maybe I could work fron' the KlWTD off.ice a ccuple of days a month (0' as necessary) to stay on top of Ihe reimbursements_ That would work out well for me and the :u'n-a-around for the District. Uz ._.-..~---_..~_..__._-~-~..,.~-~_...._.__.~_.._~._---~-~ ~---~_.,.__.~. '~=._~--------..-,-~.~_..._~.. .._-_..~-_.^_._-- -..- From: Margaret Blank [mailto: margaretbla nk@bellsouth,net] Sent: Friday, August 04, 2006 1: 18 PM To: Wood-Liz Subject: hello Hi Liz, I'm back at work, I started Tuesday, 8/1, Natalie is doing great. She's a sweet baby. Grandma and Grandpa came down from PA to watch her until November, We're so lucky. You can't ask for better childcare than that. She will have to go into daycare in November, but she'll be six months old by then_ I saw the wastewater workshop on Wednesday. Sounds like you're very busy. Could you send a copy of the handout you gave to the commission about Rockland Key? I'd be interested to see your numbers and what you guys have planned. We're starting construction on our north transmission main on Monday. LaRocco will be doing the work. We're hoping to go out for bid on Basin A collection system in September. Thanks, Marg 4/3/2007 Engineering Division LETTER q~-7~~~NSMITTAL I v 0"I(t:V ~ -.1 i LOO-=/- Date: f"ebruary 13, 200.7 MONROE COUNTY Engineering Division 1100 Simonton Street Key West, Florida 33040 (305) 292-4426 TO: Margaret Blank KLWTD RE: ROW Permit - Phase 1 Basin A ENCLOSED PLEASE FIND THE FOLLOWING ITEM{S): NO. DATE COPIES DESCRIPTION ; Copy of ,70\1/ Pe;-ITlIt THESE ARE TRANSMITTED AS CHECKED BELOW: [2,]For Signature DFor Your Use DFor Review and Comment DApproved as Noted DRetumed for Corrections DCopies for Approval REMARKS: Margaret: The permit is valid upon signature on front and back, Elizabeth l.{') m N _N z ..... '-' ~~ ~Z U~ ~:;- ~~ E-rQ:; rJ:: Za;:rJ:l O~> U~~ 'J.ir.r.;, ~~' Q:;.....~ ..........0 ~ 0 -,_ .sf-- :=:u= .....l~~ ~........ ~.CQ~- c.. ~ Q " ~ >-~ =:E-;' ......Zoo ......~~ ~O< iJoIUO ... ~ -~ 90 .-~ ~z =0 ~ :;' w c.. 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If, ;0 =~ C:... . :; ... =0 ~~ ~~ ~e = Q.j .. ;.. :c ,_ .... - .c 0; o ~ Q" i: U -; ..c '" - C :.I :; .. ~ .: ;: u o..:lJ c.,::: :0::- QJ '" ..c: ..... - .... ~:::.:: ..... .c ell :too 'gj 'C I: .c .$ .= - c_ a,,;:<; C o.~ =:e-a -- c c. "Z ~.:-: QJ N .- '-.."..... NeE .... 'lJ = I 0. :c ~ Q,I -S~= f:~&. Ol""l;';:: E -; ~ 1::.-.'0 'J) Q,I z>::: :tI: I""......_S E ~ ~ -- ::l .~ !l :; ... .~ .c :!l ..._ ;ti-; ~cn~ f: 62u ..... iii.. r.....-, J,. 'lJ"" c ;:: :;c: ~~~ o - ,t> ,- ;e <r. ;:: :: 0. '" f: ,; "i ~ i: c. c. :c S '" - E 10. ... 0. ] ;::: "0 "C 0::1 cr., ... .. ~ 0- :l.l .. .:.::: ::: ~ I: ;: ~ QJ .S E ... ... - ... "C .... - :0 o '" - '" c '" :c -~ .::: c. c. I~ c:I ~ ,.;r;; ... l- il,I c .0 .:0 i .~ 1- .~ c. c. ... , - *- O,~~rY ~o~!:~E (JlJS) 294-4641 r--'--- 60ARD OF COUNTY COMMISSIONERS Mayor Mario Di Gennaro, District 4 Mayor Pro Tem Dixie M. Spe/1ar, District 1 George Neugent, District 2 0>ar1es ~Sonf1y" McCoy, District 3 Sylvia J_ Murphy, District 5 March 1, 2007 Terry M. Zaudtke CPH Engineers, Inc. 1117 East Robinson Street Orlando, FL 32801 Re: Condition Letter for Right of Way Pennit # 2295 Dear Mr. Zaudtke: The Right of Way Permit (ROW) for Phase 1 of the Key Largo Wastewater Treatment District's (KLWTDs) Basin A project is hereby approved with the following conditions: 1) Construct project in accordance with the Monroe County Public Works Manual (MCPWM) and the Construction Plans for Key Largo Wastewater Treatment District Vacuum Collection System - Basin A dated December 8,2006. 2) Notify Monroe County Roads Inspector, Paul Wunderlich, at 305-797-1461 at least 48 hours prior to commencement of work and prior to required inspections/tests. 3) Copy Monroe County Road inspector on all required tests and material delivery sheets, Perform field densffy tests of each lift at the time of backfill operation. Apply due care to obtain representative lab density samples (proctors) of the excavated material suitable for use as backfill. Failing field dens;ty test results reqUiring additional testing and restoration may occur if in place results are compared against non-representative lab samples (proctors). 4) Please be advised that the use of Class I or Class II backfill material is recommended for shallow depths of cover less than 36 inches. 5) Please be advised that the MCPWM specifies 8 inches of pipe bedding consisting of washed and graded limerock 3/8 inch to 7/8 inch in size. The trench bedding detail on Sheet C-70 of the Construction Plans specifies 4 inches of bedding using 57 stone or equal. It is recommended that the trench bedding detail be re-examined given the recent pipe failures FKAA has experienced. Backfill placed 1 foot above pipe should be free from rocks greater than 1 inch in diameter. 6) Install 2 inch wide warning tape between 6 inches and 12 inches below finish grade and above other utilities. 10f2 U :\Engineering\Engineering\ W astewater\ ww -ewood\PROJECTS\Key Largo\ROW Permits\KL _ Basin A.doc 7) The alternate street overlay on Sheet C-70 is the preferred method of final restoration. The trench/bedding detail showing trench restoration is permitted on a trial basis. All complaints regarding the restoration will be directed to the KLWTD. In the event that satisfactory restoration cannot be achieved, full overlay will be required. Waiving of the requirement for full overlay for future project phases is contingent upon performance on Phase 1. Contact Monroe County Roads Inspector at least 48 hours prior to prime or tack coat application; re-inspection and testing may be necessary to ensure compacted material is suitable for final restoration. 8) Use S-III asphaltic concrete with a minimum thickness of 1.5 inches or existing pavement thickness for trench pavement restoration. 9) Consult with Monroe County Road Inspector at 305-797-1461 regarding the elevation for A-3-P-167. Irregularities in elevation in this vicinity may require future grading. Evaluate options to avoid surface water inflow into valve pit A-3-P-167. 1 O)When field adjustments are feasible, install valves at the intersection of the main with the projected ROW line. See PubNc Works Manual G 2.0 attached (sheet 1 of 4). Please contact us at 305-292-4469 should you have any questions regarding the conditions of this permit. 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'" if: . ~; J: . i: ,., N'V'S ,., ~~.:.iL ~ h_--rOO- ---- - -- - ",":.J T - - 3 ~ .. ~ I; i' ~ f 'r/ FROM: Tel: Fax: E-mail To: Date: Subject /)r;' MEMORANDUM Tho~lon, Attorney at Law Board Certified Construction Attorney P.O. Box 370736 Key Largo, Florida 33037 -0736 305-240-1 767 305-853-2693 la\N1md @ bellsouth. net Key Largo Wastewater Treatment District August 14, 2006 Monroe County Right-of-Way Permits By email of 8/7/06, Liz Wood of the Monroe County Engineering Department advised Margaret Blank of the District that "right of way permits issued by the engineering department will require full overlay" of all roads. This memorandum will summarize my research regarding the authority of Monroe County to impose a requirement that the District install a full overlay on all streets in which the District installs facilities requiring excavation. It will also address the question whether the County may require the District to raise valve covers at District expense when the County resurfaces County roads. Briefly stated, I have concluded that the County has the authority to regulate its roadways and rights-of-way. The Director of Public Works, however, lacks the authority to impose the overlay requirement in the absence of a County ordinance authorizing it. Further, I have concluded that the Public Works Department can require the District to relocate utilities at the District's expense. 1. The County is authorized to impose requirements on right of way permitees pursuant to regulations adopted by the County. Florida law authorizes a county to exercise "general superintendence and control" of county roads.1 Florida Statutes. Section 125_01 (m). (2006)Florida Statutes, Section 336.02 (2006) provides, in relevant part: (1) (a) The commissioners are invested with the general superintendence and control of the county roads and structures within their respective counties. and they may establish new roads, change and discontinue old roads, and keep the roads in good repair in the manner herein provided, They are responsible for establishing the width and grade of such roads and structures in their respective counties. However, in order to exercise such superintendence and control with respect to utility rights-of-way, a county must prescribe and enforce reasonable rules and requlations with reference to the placino and maintaininq of the utility improvements.2 2. Monroe County has adopted regulations regarding utility rights-of-way, and County personnel lack authority to impose more stringent "restoration" requirements than those imposed by the regulations. The Monroe County regulations are set out at Monroe County Code Section 16-6 - 16- 32, which is attached to this memorandum. Section 1 6-18 req u ires a rig ht -of -way use perm it for co nstruction of any structu re in a County right-of-way. However, Section 16-19{2) provides an express exemption from this permit requirement for installation, maintenance, and repair of physical plant by public utilities except where the installation, maintenance, or repair will cause damage to an existing roadway or disrupt a previously permitted or grandtathered driveway access or other permitted feature in the county right-ot-way. These activities require a permit. Section 16-21.1. Section 16-21.1 (6) provides: It is not the intent of this section to restrict a publiC or private utility in any way trom periorming their service to the public as required and regulated by the public service commission or the applicable Florida Statutes. Local government entities have statutory authority to issue permits and prescribe and enforce reasonable rules or regulations pertaining to the use of those right-ot-ways under their jurisdictional control. Public or private utilities granted the right to use the right-of-way have a duty and the county required that they restore a public road or publiC right-at-way to 2 Florida Statutes. Section 337,401 (2006) provides, in relevant part: (1) The department and local governmental entities, referred to in sections 337.401-337.404 as the "authority," that have jurisdiction and control of public roads or publicly owned rail corridors are authorized to prescribe and enforce reason-able rules or regulations with reference to the placing and maintaining along, across, or on any road or publicly owned rail corridors under their respective jurisdictions any electric transmission, telephone, telegraph, or other communications services lines: pole lines; poles: railways: ditches; sewers; water, heal, or gas mains; pipelines; fences: gasoline tanks and pumps; or other structures hereinafter referred to as the "utility," The department may enter into a permit-delegation agreement with a governmental entity if issuance of a permit is based on requirements that the department finds will ensure the safety and integrity of facilities of the Department of Transportation: however, the permit-delegation agreement does not apply to facilities of electric utilities as defined in s. 366.02(2), (2) The authority may grant to any person who is a resident of this state, or to any corporation which is organized under the laws of this state or licensed to do business within this state, the use of a right- of "way for the utility in accordance with such rules or regulations as the authority may adopt. No utility shall be installed, located, or relocated unless authorized by a written permit issued by the authority, However, for publiC roads or publicly owned rail corridors under the jurisdiction of the department, a utility relocation schedule and relocation agreement may be executed in lieu of a written permit. The permit shall require the permitholder to be responsible for any damage resulting from the issuance of such permit. The authority may initiate injunctive proceedings as provided in s. 120.69 to enforce provisions of this subsection or any rule or order issued or entered into pursuant thereto. Utility Restoration Requirements Page 2 at 16 Its original condition at the public or private utility's expense when such facility is damaged in the course of installing, repairing or maintaining physical plant by that utility. This quoted subsection states two important principles: · First, the County does not intend to restrict a public utility in any way. · Second, the utility's obligation to restore the damage done by the activity is limited to restoring the public road or right-of-way to its oriqinal condition. Section 16-24 states the general permit conditions. Again, a utility that causes damage to a public right-of-way must, at its own expense, promptly restore the road or right-of- way as nearly as possible to its oriqinal condition before such damaqe. Section 16- 24(a) . Under Section 16-26, the utility construction and restoration must conform to the technical standards and specifications as contained in the 1995 edition of the "Monroe County Public Works Manual." There IS no fee for the permit. Section 16-27(b)(4), In short, the County has adopted a comprehensive system of permitting and regulating the construction ot utility improvements in County rights-ot-way. The County ordinance expressly limits a utility's restoration obligation to restoring the road or right-of-way as nearly as possible to its oriqinal condition before such damaqe. It therefore appears that any effort by the County Public Works Director to require "restoration" that goes beyond returning the road or right of way as nearly as possible to its original condition would be unauthorized by the Monroe County Code. 3. Any effort by the Department of Public Works to impose permit requirements greater than those required by the Monroe County Code would be invalid. The right-of-way permitting system established in the Monroe County Code appears to be complete and comprehensive. It specifies precise requirements for restoration of damage to County roads and right-of-way damaged by utility work. It also specifies the tech nical standards and specificatio n applicable to the constructio n and restoration. The Monroe County Code does not vest any County official with the discretion to impose more stringent requirements than those required by the Monroe County Code. Requiring a full overlay of the road goes well beyond the restoration requirements. This requirement would result in betterment to the road, rather than restoration of damage. Based on the foregoing, I believe that any effort to impose full overlay requirements would be beyond the authority of the County Department of Public Works. 4. Imposition of an overlay requirement would be unfair to District residents, and thus unreasonable. District residents already pay taxes to the County for the repair and maintenance at County roads. Requiring District residents to bear the cost, through District Assessments and charges, of County repair and maintenance obligations would be grossly unfair to residents of the District. Utility Restoration Requirements Page 3 of 1 6 In particular, the County imposes a 6-cent/gallon tax on motor fuels and special fuels, as auth orized by ch. 336 Florid a Statutes. Man roe Co unty Code Section 2 -316. Th is tax is to be used for transportation expenditures. 'Transportation expenditures" is d efi ned by Monroe Cou nty Code Section 2-318 to mean: (a) Public transportation operations and maintenance; (b) Roadway and right-of-way maintenance and equipment; (c) Roadway and right-of-way drainage; (d) Street Ii ghti n g; (e) Traffic signs, traffic engineering, signalization and pavement markings; (f) Bridge maintenance and operation; (g) Debt service and current expenditures for transportation capital projects in the foregoing program areas, including construction or reconstruction of roads. Prior to imposing upon the District a requirement to undertake the overlay work, work that clearly can be described as roadway and right-of-way maintenance, the County should explain to the District why this requirement is necessary, and why it is being imposed only on residents of the District. Because the County's authority is limited to "reasonable" rules and regulations covering roadways and rights-of-way, I believe that the unfair imposition of overlay requirements would be invalid, as unreasonable. 5. The County has the authority to require the District to relocate utilities. Monroe County Code Section 16-28 authorizes the Public Works Director to require a utility to relocate its improvements at its "sole cost and expense when in irreconcilable conflict with any construction, reconstruction, or any project performed by the county or its authorized representative, which is deemed to be in the interest of the general publiC within thirty (30) days of the request." I believe that this provision gives the County sufficient authority to require the District to raise improvements to accommodate new paving by the County. Utility Restoration Requirements Page 4 of 16 ARTICLE II. PUBLIC RIGHT-OF-WAY USE PERMtT* "Ed itor's note: Se::;tion 18 of Ord. No, 19-1983, adopted Sept. 16, 1983. specified that the ord inance be i:ccluded as ch 16, The ed ita r has designated the provisions of 99 1--17 as art. II, 99 16.16--16-32. State law refererces: Power of county tc regulate roads, F,S., 9 125.01 (1 )(m). Sec. 16-16. Short title. This article shall be designated and may be cited as the Monroe County Public Right-af-Way Use Permit Requirement and Fee Schedule Ordinance. (Ord, No, 19-1983, S 1; Ord_ No, 3-1985, S 3) Sec. 16-17. Purpose and intent. The purpose and intent of this article is to provide standards and procedures and a fee schedule for permitting the use of county public rights-at-way in order to preserve the function of each street and highway; provide for smooth, logical traffic flow patters; require the application and safe standards, procedures and principles; provide tor environmental compatibility; provide for storm water management: and provide tor adoption of technical standards and specifications as contained in the public works manual. (Ord. No. 19-1983, S 2: Ord. No, 3-1985, S 4) Sec. 16-18. Permit required. County public right-of-way use permits shall be required for all roads and streets to be constructed or improved in existing rights-of-way; and all roads and streets which are to be dedicated to the county; all construction or installation or maintenance of any public or private utility as provided for in section 16-21.1; and any structure, driveway, culvert, pavement or object in the right-at-way or easement, other than those constructed or maintained by the county, within rights-of-way at the county road system as defined in Florida Statutes, section 334.03. Construction or installation within county-owned canals and county-owned waterways will likewise require a permit. A permit from the Florida Department ot Transportation is required tor the construction of accessways to or construction with the rights-at-way of any part of the state highway system as defined in Florida Statutes, section 334.03. (Ord. No_ 19-1983, S 3; Ord. No. 3-1985, S 5) Sec. 16-19. Exemptions, No right-of-way use permit shall be required for the following: (1) Construction of pu blic or private utilities in su bdivi sions in accordance with engineering drawings and specifications approved by the county and prepared in accordance with the land development regulations where such construction will be completed prior to acceptance of roads by the county; (2) The installation, maintenance and repair of physical plant by public or private utilities except as provided tor in section 16-21.1. Utility Restoration Requirements Page 5 at 16 (Ord_ No_ 19-1983, 94: Ord. No. 3-1985, 9 6; Ord, No, 41-1986,9 4) Sec. 16-20. Permit review by the county public works director. The board of county commissioners hereby authorizes and empowers the public works director or his duly authorized representative to receive and review permit applications, collect fees and issue permits in a timely manner allowing the permittee to enter onto the public rights-of-way within the county road system to perform specified construction 0 r installati on. No work may be performed I n co unty rights -of- way or easements, except as noted in sections 16-19, 16-21.1 and 16-29 until plans have been submitted in conformance with section 16-22 below and a county public right-of-way use permit has been issued by the public works director. (O,d_ No, 19.1983, S 5; Ord. No. 3-1985. S 7) Sec. 16-21. Definitions. As used in this article, the following terms shall be defined as set forth hereinafter: (1) Arteria! road shall be deemed to mean a road carrying a higher volume of traffic than a local or collector road, which is used primarily for traffic traveling a considerable distance and as otherwise defined in section 334.03(1), Florida Statutes. An arterial road is generally continuous and is used as a main traffic artery. (2) Collector road shall be deemed to mean a road which carries traffic from local roads to major thoroughfares and includes the principal entrance roads of a residential subdivision and as otherwise defined in section 334.03(4). Florida Statutes. (3) County road system shall be as defined in sections 336.01 and 334.03(8), Florida Statutes. (4) Governmental or subgovernmental agencies shall be deemed to mean the State of Florida and its various agencies and departments, the United States of America and its various agencies and departments, political subdivisions of the State of Florida, including counties, incorporated municipalities of the State of Florida, drainage districts, and such taxing districts and special agencies and bodies as are created by county ordinances, Florida statute or by special act of the legislature, and as otherwise defined in section 334.03(12), Florida Statutes. (5) Local road shall be deemed to mean a road designed and maintained primarily to proVide access to abutting property, and as otherwise defined in section 334.03(15), Florida Statutes. A local road is of limited continuity and not for through traffic. (6) Permit shall be deemed to mean the written permission of the Board of County Commissioners through the office of the county public works director to enter onto the public rights-of-way within the county road system to perform the construction or installation as specified in that instrument. (7) Permittee shall be deemed to mean any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal unit commencing proceedings Utility Restoration Requirements Page 6 of 16 under this article or obtaining a permit as provided herein to eHect construction within the public rights-at-way ot the county, (8) Public rights-at-way means land that is dedicated or deeded to (or is now used or will be used by) the county as a road, street, alley, walkway, drainage facility, access tor ingress and egress, or for other purposes, including those rights-at-way within municipalities which by virtue of bilateral agreements between the municipality and the county are subject to the jurisdiction and control at the county public works department; and those state secondary roads for which maintenance has been assigned to and accepted by the county. Until such time as the Board of County Commissioners accepts ownership and responsibility for the maintenance of a right- of-way, it shall not be considered part of the public rights-at-way tor the purposes ot this article except in cases where the title to such right-at-way was vested in the county prior to June 11, 1963. (9) Public or private utility shall include any pipeline, gas, electric, heat, water, oil, sewer, telephone, telegraph, radio, cable television, transportation, communication or other system by whomsoever owned and operated for public use, including but not limited to the Florida Keys Aqueduct Authority, BellSouth, Keys Energy System, The Florida Keys Electric Cooperative Association, Inc. and/or their successors, affiliates, subsidiaries or assigns. (10) Public works manual shall be deemed to mean the current edition of the "Monroe County Public Works Manual, Parts 1 and 2." (11) Road shall be as defined in section 334.03(23), Florida Statutes. (Ord. No, 19-1983, !3 6: Ord _ No. 3-1985, !3 8; Ord. No_ 022-2004, !3 29) Cross references: Defi nitions and rules 01 construction, !3 1-2, Sec. 16-21.1. Public and private utility; special provisions and general permits. All p ubi ic and private utilities, as defined by section 16-21(9), are hereby granted a general and continuing permit to perform maintenance and emergency repairs as may be required to maintain their service, without the issuance ot a formal permit or the payment of a tee, except as provided for in subparagraph (1) below, and subject. however, to the notice requirements of subparagraph (3) below. (1) A formal permit will be required by a public or private utility without the payment of a fee when: (a) Installation or repair at a service will cause damage to an existing roadway or disrupt a previously permitted or grandfathered driveway access or other permitted feature in the county right-ot-way. (b) In cases where an emergency repair causes damage to an existing roadway, an after-the-fact permit will be issued the next business day. See section 16-29. (2) Any work other than installation of a wooden or concrete pole and overhead wires that a utility proposes to accomplish in the county right-of-way that will be accomplished within six (6) feet of an existing roadway or any other previously permitted features within the county right-of-way will be brought to the attention of the director of publiC works, or his designated representative, tor a determination as Utility Restoration Requirements Page 7 at 16 to possible affect on the roadway or other permitted features and whether the issuance of a permit is required. (3) A permit will not be required when a public or private utility will perform work in the county right-of-way that will not cause damage to any county-owned or permitted feature within the rig ht -of -way, provided, howeve r, that th e pu blic wo rks department is duly noticed in writing by the public or private utility that such work will be in progress and when completion is anticipated. (4) Request for permits as prescribed by paragraph (1) of this section with the exception of an emergency repair permit (see paragraph (5)) will be as prescribed by the section 16-22 application procedures of this article. No fee will be required. Insurance and bonding requirements as outlined in section 16-23 are waived for a public or private utility; however, a subcontractor for a public or private utility shall be required to obtain such insurance and bonding, and the public or private utility shall submit evidence of such insurance and bonding to the director of public works or his representative prior to the commencement of work by a subcontractor. (5) Emergency repair of a utility as prescribed by subparagraph (1)(b) may be accomplished immediately and a permit request in a written form outlining the type of work to be done, and the location may be obtained the next business day from the director of public works or his designated representative. (6) It is not the intent of this section to restrict a public or private utility in any way from performing their service to the public as required and regulated by the public service commission or the applicable Florida Statutes. Local government entities have statutory authority to issue permits and prescribe and enforce reasonable rules or regulations pertaining to the use of those right-of-ways under their jurisdictional control. Public or private utilities granted the right to use the right-of-way have a duty and the county required that they restore a public road or public right-of-way to its original condition at the public or private utility's expense when such facility is damaged in the course of installing, repairing or maintaining physical plant by that utility . (7) The physical plant of any public or private utility heretofore or hereafter placed upon, over or along any public road that is found by the county to be unreasonably interfering in any way with the convenient, safe, or continuous use or maintenance, improvement, extension or expansion of such public road shall, upon thirty (30) days' written notice to the publiC or private utility or its agent by the board of county commiSSioners, be removed or relocated by such public or private utility at its own expense. (8) Construction standards and specifications as outli ned in section 16-26 hereof shall be incorporated into all work accomplished for a public or private utility by its own personnel or contracted out to county or state licensed contractors. A concrete slab is not required when repairing roadways; however, the utility will assure and certify to the county that the base being installed as a result of excavation within a right-of-way conforms to county standards and has been compacted to a density not less than ninety-eight (98) percent of density as determined by the AASHTO Test Method T -180. Utility Restoration Requirements Page 8 of 16 (Ord No. 3-1985. S 9: Ord. No. 022-2004, S 30) Sec. 16-21.2. New utility construction in the county right-of-way of Loop Road, Mainland, Monroe County. A utility undertaking new construction work to be located in the Loop Road right-of- way must first obtain the permit(s) required by the County Department of E nvi ro nm ental R esou rces, and the state and fed eral agencies with ju risd iction ove r the wetlands or submerged land before beginning the construction, or a letter of no objection from the County Department of Environmental Resources and the agencies. Any utility structures that are built in violation of this section must be removed and the site restored to its original condition unless the County Department of Environmental Resources and the state or federal agencies with wetland or su bmerged land j u risd iction direct otherwise. (Ord_ No, 33-1999, S 1) Sec. 16-22. Application procedures. (a) All applications for county public right-ot-way use permits, accompanied by the appropriate fee, and including four (4) sketches, plans or drawings of the proposed construction or alteration, shall be submitted to the county public works director. All construction within county public rights-of-way shall conform to and meet the technical standards and specifications of the county as contained in the document entitled, "Public Works Manual: Standard Specifications and Details," and/or land development regulations, as applicable. Applications for access to or construction within state road rights-of-way shall be submitted to the Florida Department of T ransportatio n. (b) All applications for county public right-of-way use permits submitted by the owner or permittee, his engineers or legal representative, shall contain the following: (1) Name, address, including zip code, and telephone number of the owner and permittee, and his or their engineers. (2) Name, address, including zip code, and telephone number of the applicant's authorized agent for perm it application coordination, together with proof of autho rizatio n. (3) General description of the proposed project, its purpose and intended use, including a description of the nature and type of construction; composition, etc.; date when the activity is proposed to commence and approximate date when the proposed activity will be completed, including legal description, or street address and approximate nearest mile marker and key; and an explanation or detailing of any additional information reasonably required by the public works director, including, as applicable, survey drawings, aerial photographs, topographic maps, soil percolation test, etc. (4) Four (4) copies of sketches, plans or drawings of the proposed construction or alterati ons showi ng project location: location with in the rig ht -of -way; and typical cross-sections of topographical and drainage details showing existing utilities, underdrains, culverts, headwalls, driveways or any other existing Utility Restoration Requirements Page 9 of 16 structures, if affected by the activity, together with all proposed structures, modifications and activities when deemed necessary by the public works department. All drainage structures shall be constructed in accordance with the county public works manual. The drawings shall be drawn to scale, or otherwise prepared so as to reasonably depict the activity and shall show a north arrow for orientation. (Ord. No_ 19.1983. 13 7: Ord. No. 3-1985.13 10; Ord. No, 41-1986.13 5) Sec. 16-23. Insurance and bonding. (a) Insurance. Unless specifically waived by the board of county commissioners, or the county public works director, the permit shall not be effective for any purpose whatsoever until the applicant, or his designated representative, delivers to the county public works director a certificate of general liability insurance and automobile liability insurance with combined single limits of liability of no less than three hundred thousand dollars ($300,000.00) for bodily injury and property damage coverage equal to or in excess of the following limits: three hundred thousand dollars ($300,000.00) combined single limit for property damage and/or bodily injury. The certificate of insurance shall name the county as an additional insured, shall be effective for all periods of work covered by this use permit, and shall be in a form acceptable to the county public works director. A statement of insurance from a self- insured entity may be accepted as a substitute. (b) Bonding. An executed right-of-way bond or other form of surety acceptable to the public works director may, at the discretion of the public works director, be required in an amount equal to one hundred ten (110) percent of the estimated cost of construction. Said bond shall be in effect for a period of not less than thirty (30) days and not more than ninety (90) days after final inspection and acceptance of work by the public works department. A letter guaranteeing performance of work may be deemed acceptable in lieu of a bond. All restoration shall leave the right~of- way or easement in a condition which is as good as or better than that which existed prior to construction. (Ord, No. 19-1983, S 8; Ord. No. 3-1984, 13 2; Ord. No. 3-1985, S 11) Sec. 16-24. General provisions. (a) Where any county road or right-of-way is damaged or impaired in any way because of construction, installation, inspection or repair work by any permittee pursuant to this article, the permittee shall, at his own expense, promptly restore the road or right-of-way as nearly as possible to its original condition before such damage. If the permittee fails to make such restoration, the county is authorized to do so and charge the cost thereof against the permittee in accordance with general provisions of law. (b) The applicant shall declare that all existing aerial and underground utilities will be located and the appropriate utilities notified of the proposed work. (c) The applicant receiving a permit shall make all necessary provisions for the accommodation and convenience of traffic and shall take such safety measures, including the placing and display of caution signs and signals as required byc Utility Restoration Requirements Page 10 of 1 6 applicable provisions of the current edition of the Florida Department of Transportation Manual on Uniform Traffic Control Devices for Streets and Highways. The applicant shall further prevent obstructions or conditions which are or may become dangerous to the traveling public. The authority to temporarily close off a street or easement in its entirety rests entirely with the board of county comm issi oners. (d) The applicant shall notify in writing the sheriff's department and the concerned ambulance and fire districts prior to any street closing (when approved by the board of county commissioners). (e) Fire hyd rants shall be left accessible at all times. (f) All permitted work will be subject to inspection by the county public works department. (g) Existing utility service shall not be disrupted without specific authority of the concerned utility and public notification by newspapers or the airways, that the disruption will occur. Repairs determined to be of an emergency nature are not subject to the notification procedure. (Ord. No. 19-1983, 9 9; Ord_ No. 3-1985, 9 12; Ord_ No. 6-1992, 9 1) Sec. 16-25. Access driveways. (a) Request to install single~family residential driveway accesses shall be submitted indicating the street address, lot and block number, a description of the nature of the constructi on (size), and the amou nt of i ntrus ion into the cou nty right-of-way. No insurance or bonding is required. (b) Access driveways onto rights-of-way shall be limited to the least possible number required to adequately serve the intended use and shall conform to all applicable traffic safety standards. Prior to installation within county rights-at-way, the application shall be reviewed by the public works director regarding any effects on sidewalks, ditches, swales, curbs or other facilities located within rights-of-way or easements. Once a permit is issued, all construction and improvements shall be subject to inspection by the public works department. (Ord. No. 19-1983, 9 10; Ord. No. 3-1985, 913) Sec. 16-26. Construction standards and specifications. All construction, repai rs and/o r restorations with i n cou nty pu blic rig hts-of -way and easements shall conform to the technical standards and specifications as contained in the 1995 edition of the "Monroe County Public Works Manual," which manual is hereby adopted pursuant hereto and, by reference, incorporated herein. Revisions to the 1995 "Monroe County Public Works Manual" may be adopted by the county commission by resolution. lOrd. No. 19-1983. 9 11: Ord. No. 3-1985, 8 14: Ord _ No. 53-1995, 9 1) Sec. 16-27. Fees. Utility Restoration Requirements Page 11 at 16 (a) The board of county commissioners hereby establishes reasonable application and permit fees to be charged by the public works department for activities permitted hereunder. (b) The following fee schedule shall be applied to all construction or installation upon or within the public rights-of-way, except in the following instances: (1) Where the construction performed is for the benefit of a governmental or subgovernmental agency and applicable fees are specifically waived on an individual project-by-project basis by the director of public works; (2) Where the permittee is under contract to deliver the constructed project over to a governmental agency upon completion of the project and the director of public works has waived applicable fees for such project consistent with subparagraph (1); (3) Where the right-of-way lies within the corporate boundaries of a municipality and the municipality charges a permit fee for inspection of the same construction or installation work. (4) Work performed by a public or private utility as outlined in section 16-21.1. (c) The permit fees designated hereinafter shall be payable upon issuance of the construction permit in an amount determined by the public works director pursuant to the following schedule. In the event a construction permit is denied, only the application fee shall be payable. (d) The public works department shall charge and collect fees for the items and rates listed in the following schedules: (1) Application fee. A nonrefundable processing fee of ten dollars ($10.00) shall accompany all county public right-of-way use permit applications. If the permit application is approved, the application fee will be applied to the permit fees as detailed under subsection (2) below. (2) Permit fees. Fees for public works construction, under permit issued by the public works department, in canal, road and street rights-of-way and easements in the unincorporated area of the county and in the rights-of-way of canals, roads and streets located within munidpalities that are maintained by the county are fixed as follows: a. For installation or repaIr of sanitary and storm sewers, waterlines, gas lines, and other underground utilities: For 100 lineal feet or less. . . $14.00 For each additional 100 lineal feet or fraction thereof. . . 6.25 b. For french drains, consisting of catch basin and seepage trench or slab covered trench: For the installation consisting of 1 or 2 catch basins, and seepage trench or soakage pit of lengths not to exceed 100 lineal feet. . . 12.50 c. For construction or replacement of sidewalks, curb and gutter: Utility Restoration Requirements Page 12 of 16 For 100 lineal feet or less. . . 12.50 For each additional 100 lineal feet or fraction thereof. . . 6.25 d. For construction of driveways: For driveway width of 20 feet or less. . . 10.00 For driveway width greater than 20 feet but less than 40 feet (each driveway) . . . 15.00 For driveway width greater than 40 feet (each driveway) . . . 20.00 e. For construction of street pavements: (i) 1-lane or 2-lane pavements (width of pavement 0 to 24 feet): For 100 lineal feet or less. . . 25.00 For each additional 100 lineal feet or fraction thereof. . . 10.00 (ii) 3 or more lanes of pavement (aggregate width greater than 24 feet): For 100 lineal feet or less. . . 50.00 For each additional 100 lineal feet or fraction thereof. . . 25.00 f. For paving of parkways and shoulders: For 100 lineal feet or less. . . 25.00 For each additional 1 00 lineal feet or fraction thereof. . . 12.50 g. For construction of curb separators: For 100 lineal feet or less. . . 12.50 For each additional 100 lineal feet or fraction thereof. . . 5.00 h. For construction of bridges: For bridge roadway area of 1000 square feet or less. . . 100.00 For each additional 100 square feet. . . 25.00 I. For installation of permanent-type traffic barricades, guardrails and guide posts: For each 100 lineal feet or less. . . 12.50 j. For construction of street or driveway culvert crossing of canals and drainage ditches (not controlled by DER): For each lineal foot pipe, per foot of pipe diameter or fraction thereof. . . 1.00 A permit fee for a multiple-pipe culvert shall be determined by regarding the aggregate lengths as 1 continuous pipe. (3) Penalty fees. Utility Restoration Requirements Page 13 of 16 a. When work for which permit is required is commenced prior to obtaining a permit. a penalty fee will be imposed. If the applicant can show that failure to apply for a permit is based on a good-faith belief that the construction is not affecting the county right-of-way, the penalty fee may be waived at the discretion of th e p u bl ic works director, provided, however, th at vi olators promptly apply for a permit and pay all applicable fees. b. The penalty fee will be tvventy-five dollars ($25.00) plus double the original permit fee. c. The payment of such penalty fee shall not relieve any person, firm or corporation from fully complying with all of the requirements of all applicable regulations and codes, nor shall it relieve them from being subject to any of the pe nalties therei n. (Ord. No. 19-1983, 9 12; Ord. No. 3-1985, 9 15) Sec. 16-28. Relocation upon notice by the public works director. All permission granted for construction under this article does not constitute and shall not be construed as permitting a permanent Installation within any public right- of-way. Any facility permitted within the public right-of-way shall be relocated or reconstructed by the owner at his sole cost and expense when in irreconcilable conflict with any construction, reconstruction, or any project performed by the county or its authorized representative, which is deemed to be in the interest of the general public within thirty (30) days of the request. It shall be the responsibility of the public works director to provide notice to the affected permittees at the earliest possible time prior thereto of any such conflicts, whether actual, possible or planned. Where the owner requests additional time up to a maximum of one hundred eighty (180) days, this may be granted by the office of the public works director upon receipt of a letter stating adequate grounds to support the owner's position that additional time is necessary to complete the relocation. If the extension of time requested by the owner is denied by the public works director or an extension in excess of one hundred eighty (180) days is desired by the owner, the owner may appeal to the board of county commissioners by written request; and the time for relocation shall be stayed while the appeal is pending. Where the county has requested a relocation, permits wi II be req ui red to approve the new sites of the util ity fad I ity, but permit fees shall be waived. Utility placements and relocations shall be governed as provided by general law. (Ord. No. 19-1983, 9 13; Ord. No. 3-1985, 9 16; Ord. No. 022-2004, 9 31) Sec. 16-29. Emergency repairs. In the event of an emergency requiring repairs by utility companies to some portion of their facilities, nothing in this article shall be deemed to prohibit the making of such repairs; however, emergency repairs shall be reported to the county public works director the next business day as provided for in section 16-21.1 hereof. Traffic safety measures must be implemented by the utility. Work performed as a Utility Restoration Requirementsl Page 14 of 16 result of such emergency repairs may continue pending the granting of an atter-the- fact permit. (Ord. No. 19-1983, 9 14; Ord. No. 3-1985, 9 17) Sec. 16-30. Appeals. Any party claiming to be aggrieved by a decision of the public works director may appeal to the board of county commissioners by filing a written notice of appeal with the public works director within thirty (30) days of the date of denial. (Ord. No. 19-1983, 9 15; Ord. No. 3-1985, 9 18) Sec. 16-31. Time limits. (a) Within seven (7) days after receipt of an application for a permit under this article, the director of publiC works shall review the application and shall request submittal of any additional information the director is permitted by law to require. If the applicant believes any request for additional information is not authorized by law or departmental rule, the applicant may file an appeal to the board of county commissioners pursuant to section 16-30 above. Within fifteen (15) days after receipt of such additional information, the director shall review it and may request only that information needed to clarify such additional information or to answer new questions raised by or directly related to such additional information. If the applicant believes the request of the director for such additional information is not authorized by law or department rule, the department, at the applicant's request, shall proceed to process the permit application. Permits shall be approved or denied within thirty (30) days after receipt of the original application, the last item of timely requested additional material, or the applicant's written request to begin processing the permit application. If the application is not approved or denied in writing within thirty (30) days, it shall be deemed approved. Applications for permits may be denied solely on the basis of actual and irreconcilable conflict of the proposed work with provisions of the public works manual. Any denial of an application must state the specific basis upon which the denial is based. The permit shall be considered valid for six (6) months beginning on the date of issuance unless the commencement date shall be beyond such time. If work does not commence by the end of this period, the permit shall be considered void and reapplication will be necessary. Work must be completed by the completion date indicated on the application unless the permit is extended upon request to the department of public works with an explanation of the basis for such request. (b) A request may be made to the director of public works with the filing of an application for expedited review and processing, and provided that all information required as described in (a) above is submitted with said application, the director shall make a reasonable effort to review and process the same within five (5) days after receipt. (Ord. No. 19-1983, 9 16; Ord. No. 3-1985, 9 19) Sec. 16-32. Restoration and penalty. Utility Restoration Requirements Page 15 of 16 No person shall use county rights-of-way or easements for any purpose for which a permit is required by this article without first obtaining a permit therefor unless said use is eXisting upon the effective date hereof or unless otherwise authorized by law. I n the event cou nty rights-of-way or easeme nts are u sed and/or con struction takes place without a permit, upon written notice by the public works director, the person shall apply for an after-the-fact permit and pay all fees and penalties therefor and shall restore the area to its original condition and cease any nonpermitted use except as noted in section 16-27(3) above. Failure to so respond shall be punishable as provided for in section 125.69, Florida Statutes, 1983. (Ord. No. 19-1983, 9 17; Ord. No. 3-1985, 9 20) Utility Restoration Requirements Page 16 of 16 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18, 2007 Division: Engineering Bulk Item: Yes No ~ Department: Wastewater StaffConroP~#:E1i.zaIx1h W0cd'2924525 AGENDA ITEM WORDING: Approval for FKAA to install the collection system for Shark Key, located within the Big Coppitt Service Area. ITEM BACKGROUND: Review of FKAA policy indicated that installation of facilities on private property is permissible when a utility easement is granted. This installation is consistent with the implementation of the wastewater facilities on Little Venice and Conch Key. PREVIOUS RELEVANT BOCC ACTION: On June 21, 2006, the BOCC voted not to install "facilities" in private property and roads. CONTRACT/AGREEMENT CHANGES: N/A ST AFF RECOMMENDATIONS: Approval. TOTAL COST: $21M BUDGETED: Yes X- No COST TO COUNTY:$ $1.7M SOURCE OF FUNDS: Sales Tax Revenue REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_ DOCUMENT ATION: Included X Not Required_ DISPOSITION: Revised 11/06 AGENDA ITEM # Engineering Division MEMORANDUM To: Dave Koppel, County Engineer From: Elizabeth Wood, Sr. Administrator - Sewer Projects Date: 4/4/2007 Re: Approval to Construct Collection System for Shark Key AGENDA ITEM WORDING: Approval for FKAA to install the collection system for Shark Key, located within the Big Coppitt Service Area. ITEM BACKGROUND: Review of FKAA policy indicated that installation of utilities on private property is permissible when a utility easement is granted. This installation is consistent with the implementation of the wastewater facilities on Little Venice and Conch Key. Examples of "facilities" constructed by FKAA on private roads/property in utility easements are provided below: · Little Venice - Collection system to serve approximately 5 residences on 10ih street; Collection system to serve approximately 100 residents in Ocean Isles Fishing Village zoned SR (aerial attached). · Conch Key - Collection system for Coral Key Village to serve approximately 40 residences. Coral Key, located south of Conch Key beyond US1, is zoned CFSD (aerial attached). The estimated construction cost to provide advanced wastewater service to the Big Coppitt Municipal Service Taxing Unit is $30M. This includes Contract 1 for the forcemain and Contracts 2-5 for the collection systems. The wastewater treatment plant has not yet been put out for bid. . Contract 1 (Forcemain): $2.2M . Contract 2 (Rockland Key): $1.8M . Contract 3 (Big Coppitt): $9.7M . Contract 4 (Shark Key): $1.7M . Contract 5 (Geiger Key): $5.6M Sum of Contracts 1-5: $21M U:\engineering\Engineering\WastewaterlAgenda Items\WASTEWATER AGENDA ITEMS 2007\April\Shark Key\Memo to include Shark Key,doc April 4, 2007 PREVIOUS RELEVANT BOCC ACTION: On June 21, 2006, the soee voted not to install "facilities" in private property and roads. CONTRACTIAGREEMENTCHANGES:N~ STAFF RECOMMENDATIONS: Approval. Page 2 of 2 V'l ~ ~o~ V'lZO z~< <~~ ~~d u~> o -;..... h ), . -~ \ .... " ,. . .- ~' , T BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18, 2007 Division: Engineering Bulk Item: Yes No~ Department: Wastewater StaffCootactP~#:E1izabeth WcxxV2924525 AGENDA ITEM WORDING: Approval to execute Waiver of Wastewater Service for Monroe County properties in Key Largo. ITEM BACKGROUND: Tier 1 properties not intended for development do not require wastewater service. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/ A ST AFF RECOMMENDATIONS: Approval. TOT AL COST: NA BUDGETED: Yes No COST TO COUNTY:$ SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _ DOCUMENT A TION: Included X Not Required_ DISPOSITION: Revised 11/06 AGENDA ITEM # Engineering Division MEMORANDUM To: Dave Koppel, County Engineer From: Elizabeth Wood, Sr. Administrator - Sewer Projects Date: 4/4/2007 Re: Approval for Exemptions from Non-ad Valorem Assessments AGENDA ITEM WORDING: Approval to execute Waiver of Wastewater SeNice for Monroe County properties in Key Largo. ITEM BACKGROUND: Tier 1 conseNation properties not intended for development do not require wastewater seNice. PREVIOUS RELEVANT BOCC ACTION: N/A. CONTRACTIAGREEMENTCHANGES:N~ STAFF RECOMMENDATIONS: Approval. U:\engineering\Engineering\Wastewater\Agenda Items\WASTEWATER AGENDA ITEMS 2007\Apri1\KL Exemptions\Memo for exemption for KL Assessment.doc Monroe County Properties Proposed for Exemption Alternate Key Real Estate 10 # NOTE 1648116 528880-000000 Tier 1 1648124 528890-000000 Tier 1 1656755 533230-000000 Tier 1 1656984 533460-000000 Tier 1 1677124 551580-000000 Tier 1 1677132 551590-000000 Tier 1 1677141 551600-000000 Tier 1 1677159 551610-000000 Tier 1 1677167 551620-000000 Tier 1 1677175 551630-000000 Tier 1 1677183 551640-000000 Tier 1 1677191 551650-000000 Tier 1 1677205 551660-000000 Tier 1 1677213 551670-000000 Tier 1 1677221 551680-000000 Tier 1 1677345 551800-000000 Tier 1 1677353 551810-000000 Tier 1 1677361 551820-000000 Tier 1 1677370 551830-000000 Tier 1 1677388 551840-000000 Tier 1 1677396 551850-000000 Tier 1 1677400 551860-000000 Tier 1 1677418 551870-000000 Tier 1 1677426 551880-000000 Tier 1 1677434 551890-000000 Tier 1 1677442 551900-000000 Tier 1 These Tier 1 parcels currently have a non-ad valorem assessment of $4,970 each for a total of $129,220. This document prepared by (and after recording return to): Name: Key Largo Wastewater Treatment District P.O. Box 491 Key Largo, FL 33037-0491 305-453-5804 Address: City, State, Zip: Phone: ) ) ) ) ) ) ) ) ) ) --------Above This Line Reserved For Official Use Only-...-----...- Property Appraiser Parcel Identification Number(s) = 00463680-000000, 00528880-000000, 00528890-000000, 00533460-000000, 00551580-000000, 00551590-000000, 00551610-000000, 00551620-000000, 00551630-000000, 00551650-000000, 00551660-000000, 00551670-000000, 00551800-000000, 00551810-000000, 00551820-000000, 00551840-000000, 00551850-000000, 00551860-000000, 00551880-00??oo, 00551890-000000, 00551900-000000, 00085140-000200, 00546710-000000 0085140-000100, 00533230-000000, 00551600-0??oo0, 00551640-0??oo0, 00551680-000000, 00551830-000000, 00551870-000000, 00456160-000100, KEY LARGO WASTEWATER TREATMENT DISTRICT WAIVER OF WASTEWATER SERVICE AND ACKNOWLEDGEMENT OF POTENTIAL COSTS THIS WAIVER of wastewater service and acknowledgement of potential costs is executed on the date(s) shown below: WHEREAS, on August 9, 2006, the Key Largo Wastewater Treatment District ("District") adopted a Final Assessment Resolution levying non-ad valorem assessments against each of the Tax Parcels listed in Attachment A under and in accordance with Chapter 197.3632, Florida Statutes; and WHEREAS, the purpose of the non-ad valorem assessments is to recover a portion of the costs of providing wastewater service to the Tax Parcels listed in Attachment A; and WHEREAS, the undersigned are all of the owners of the Tax Parcels listed in Attachment A; and WHEREAS, in order to induce the District to waive the non-ad valorem assessment against one or more of the Tax Parcels listed in Attachment A ("Excluded Parcels"), (1) the undersigned are certifying that the Tax Parcels listed in Attachment A are being utilized as a single parcel for development purposes, and that the undersigned do not intend to separate the parcels for development, and (2) the undersigned are waiving their right to receive wastewater service to the Excluded Parcels; and WHEREAS, even though the Excluded Parcels will not receive wastewater service at this time, the Excluded Parcels will nevertheless receive a special benefit from construction by the District Key Largo Wastewater Treatment District Waiver of Wastewater Service and Acknowledgement of Potential Costs Page 1 of 11 of wastewater collection, transmission, and treatment facilities, but relying on the representations above, the District is willing to forego an assessment against the Excluded Parcels at this time; and WHEREAS, the District has advised the undersigned that, if they or their successors desire to have wastewater ser:vice provided to any of the Excluded Parcels the cost to the District, and the cost to the undersigned persons or their successors, of providing the service will be significantly greater than the costs of providing service at this time; NOW, THEREFORE, in consideration of the premises and in further consideration of the promises below, the undersigned agree: 1. The undersigned certify that they are all of the owners, or legal representatives of all of the owners, of the Tax Parcels, as shown in the records of the Monroe County Property Appraiser, listed in Attachment A. 2. The undersigned certify that they desire to receive wastewater service to the Tax Parcel listed in Attachment A and designated as the Tax Parcel receiving wastewater service, and further hereby waive their right to receive wastewater to the Tax Parcel(s) listed in Attachment A and designated as Excluded Parcel(s). 3. The undersigned certify that the Tax Parcels listed in Attachment A are being utilized as a single parcel for development purposes, and that the undersigned do not intend to separate the parcels for development. 4. If the District later provides Wastewater Service to an Excluded Parcel, the then-current owner(s) shall be required to pay to the District an amount fairly representing the special benefit that the Tax Parcel will receive, as determined by the District. The undersigned understand and acknowledge that the amount charged at the time of later connection is expected to be significantly greater than the 2006 non-ad valorem assessment. 5. In reliance on the certifications and statements of the undersigned, the District will forego its right to impose the non-ad valorem assessment on the excluded parcels. 6. The District will advise the Monroe County Tax Collector to remove the assessment(s) against the Excluded Parcel(s). The District has been advised by the Monroe County Tax Collector that upon receipt of such advice, the Monroe County Tax Collector will issue amended tax bills reflecting the removal of the assessment(s) from the Excluded Parcels. If the assessment(s) have already been paid, the District will take steps to refund the amount(s) received by the District to the then-current owner(s) of the Excluded Parcels. However, the District will not be obligated to refund any amounts charged by the Monroe County Tax Collector for collecting the assessment(s). 7. The District acknowledges receipt of an administrative fee of $200.00. 8. The undersigned mortgagee(s) hereby consent to this waiver of wastewater service and acknowledgement of potential costs. and all of its terms. 9. This waiver and all of its terms shall be binding upon, and inure to the benefit of, the signatories, their successors and assigns, and all subsequent owners of the Tax Parcels listed in Attachment A, and each of them. Key Largo Wastewater Treatment District Waiver of Wastewater Service and Acknowledgement of Potential Costs Page 2 of 11 [This Space Intentionally Left Blank.] Key Largo Wastewater Treatment District Waiver of Wastewater Service and Acknowledgement of Potential Costs Page 3 of 11 IN WITNESS WHEREOF, the undersigned, comprising all of the owners of the Tax Parcels listed in Attachment A have executed this waiver of wastewater service and acknowledgement of potential costs on the dates shown opposite their names. Signed, Sealed and Delivered in the presence of these Witnesses (one of whom may be the Notary): Owner or Co-owner Owner or Co-owner Sign: Sign: Owner or Co-owner Owner or Co-owner Sign: Sign: Witness Witness Sign: Sign: STATE OF COUNTY OF by produced The foregoing instrument was acknowledged before me this (date), (name(s)), who is personally known to me or who has (type of identification) as identification. Notary Public Printed Name: My Commission Expires: Key Largo Wastewater Treatment District Waiver of Wastewater Service and Acknowledgement of Potential Costs Page 4 of 11 WAIVER OF WASTEWATER SERVICE AND ACKNOWLEDGEMENT OF POTENTIAL COSTS Attachment A Tax Parcel receiving wastewater Service: NA Excluded Parcels: Excluded Parcel No.1: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No.2: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No.3: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No.4: Alternate Key Number: RE Number: Physical Location: Legal Description: 1093793 085140-000100 KEY LARGO 126139 A61912-04_I ISLAND OF KEY LARGO PBI-68 PART OF LOT 6 SE OF R-W OR601-134-135 1567094 00463680-000000 KEY LARGO BK 1 LT 5 PM/tELA VILLA PB3-125 KEY LARGO OR548-388 OR7 1 2-860 OR933-1904Q/C OR 1415-1 \J37T/DUMH) OR 1923-80 OR2053-40 1648116 00528880-000000 KEY LARGO BK 25 LT 34 AMD PLAT OF PB3-62 KEY LARGO PARK KEY LARGO OR535-609 OR841-908 OR968-475/476 OR 1971-2255/56Q/C OR 1982-1345 OR2187-164 1648124 00528890-000000 KEY LARGO BK 25 L T 35 AMD PLAT OF PB3-62 KEY LARGO PARK KEY LARGO OR535-609 OR841-908 OR968-745/46 OR 1971- 2255/56Q/C OR 1982-1345 OR2187-165 Key Largo Wastewater Treatment District Waiver of Wastewater Service and Acknowledgement of Potential Costs Page 5 of 11 Excluded Parcels: Excluded Parcel No.5: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No.6: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No.7: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No.8: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No.9: Alternate Key Number: RE Number: Physical Location: Legal Description: 1656755 00533230-000000 KEY LARGO BK 4 LT I LARGO HI-LANDS PB4-89 KEY LARGO OR201-510 OR833- 2367 OR 1977-2206 OR 1988-2030 OR2037-533 1656984 00533460-000000 KEY LARGO BK S L T 9 LARGO HI-LANDS PB4-89 KEY LARGO OR338-S06 OR989- 2134 OR2003-149S/96 OR2011-2027 OR2187-121O 1677124 00551580-000000 KEY LARGO BK 4 LT I ANGLERS PARK PBI-IS9 KEY LARGO OR365-1 HX)/1101 OR461-781/782/Q OR649-S98Q/C OR917-727 OR917/72SAFF OR99S- 1519Q/C ORIO09-1206QC(JB) OR! 139-1990/9HCSP) OR 1527- 1873/74(11\11-1) 1677132 00551590-000000 KEY LARGO BK 4 LT 2 ANGLERS PARK PBI 159 KEY LARGO OR36S-1 100/1 101 OR461-7S1-78I/Q OR649-S9SQ/C OR917-727 OR917-72SAFF OR998- 1519Q/C OR HX19-1206QCUB) ORI139-1990/91(CSP) OR 1527- I 873/74(JMH) 1677141 00551600-000000 KEY LARGO BK 4 LT 3 ANGLERS PARK PBI-IS9 KEY LARGO OR365-1 100/1 101 OR4hl-781-782/Q OR649-598Q ORq 17-727 OR917-72S/\FF OR998- 1519Q/C OR 1009-1 206QC(JB) ORI139-IY<J0/9HCSP) ORI527- 1 873/74(./1\11-1} 0 Key Largo Wastewater Treatment District Waiver of Wastewater Service and Acknowledgement of Potential Costs Page 6 of 11 Excluded Parcels: Excluded Parcel No. 10: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No. 11: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No. 12: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No. 13: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No. 14: Alternate Key Number: RE Number: Physical Location: Legal Description: 1677159 00551610-000000 KEY LARGO BK 4 LT 4 ANGLERS PARK PBI-159 KEY LARGO OR365-1 10011 101 OR461-781/782/Q OR649-598/Q OR917-727 OR917-728AFF OR998- 1519Q/C OR 1009-1 206QC<JB) ORI139-1990/91(CSP) OR1527- 1 873/74(1MI1) 1677167 00551620-000000 KEY LARGO BK 4 LT 5 ANGLERS PARK PBI-159 KEY LARGO OR365-1100/l101 OR461-781-782/Q OR649-598/Q OR917-727 OR917-728AFF OR998- 1519Q/C OR I 009-1206QC(JB) ORI139-1990/9I<CSP) ORI527- I 873J74(1MH) 1677175 00551630-000000 KEY LARGO BK 4 LT 6 ANGLERS PARK PBI-I59 KEY LARGO OR365-IIOO/l101 OR461-781/782Q/C OR649-5Cl8Q/C OR917-727 OR917-728AFF OR998- 1519Q/C ORIO09-1206QCtJB) ORI139-1990/91(CSP) OR1527- I 873/74(JMH 1677183 00551640-000000 KEY LARGO BK 4 LT 7 ANGLERS PARK PBI-159 KEY LARGO OR589-557 OR998- 1519Q/C ORI009-1206QC(JB) ORI139-1990/9I<CSP) OR1527- 1 873/74(JMH) OR1570-271 Q/C(JMH) ORI581-1666(1MI-I) 1677191 00551650-000000 KEY LARGO BK -'1- LT 8 ANGLERS PARK PBI-159 KEY LARGO OR589-557 OR998- 1519Q/C OR 1004-1 206QC<JB) ORI139-IY90/9i(CSP) ORI527- 1 873/74(1 \1 H) OR 1570-271 Q/C(JMI-I) OR 1581-1666(JMH) Key Largo Wastewater Treatment District Waiver of Wastewater Service and Acknowledgement of Potential Costs Page 7 of 11 Excluded Parcels: Excluded Parcel No. 15: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No. 16: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No. 17: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No. 18: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No. 19: Alternate Key Number: RE Number: Physical Location: Legal Description: 1677205 00551660-000000 KEY LARGO BK 4 LT 9 ANGLERS PARK PBI-IS9 KEY LARCiO OR589-557 OR998- 1519Q/C ORl(Xl9-1206QC<1Bl OR! 139-1990/91(CSP) OR1527- I 873/74(JMHl ORIS70-27IQC(JMH) ORI581-160611MH) 1677213 00551670-000000 KEY LARGO BK 4 LT 10 ANGLERS PARK PBI 159 KEY LARGO OR589-557 OR9QR- 1519Q/C ORIOO9-1206QC(JB) ORI139-1990/91(CSP) ORI527- I 873/74(JMH) OR 1570-27IQ/C(JMH) ORI581-1666(JMH) 1677221 00551680-000000 KEY LARCiO BK 4 LT II ANCiLERS PARK PBI-159 KEY LARGO OR589-557 OR998- 1519Q/C OR IOOQ-1 :206QC(JB) OR 1139-1990/91(CSP) ORI527- IR73/74<1MH) OR J 570-27 lQ/C(JMH) ORI58 J -1666(JMH) 1677345 00551800-000000 KEY LARGO BK 5 LT I ANGLERS PARK PBI-159 KEY LARGO OR623-463 ORIO()l.I- 1205<1B) ORI009-1206QC/LE(JB) ORII39-1990191(CSP) OR1527- 1873/74(JMHl OR I 566-529/3:2(JMH) ORI570-27IQ/C(JMH) 1677353 00551810-000000 KEY LARCiO BK 5 LT 2 ANGLERS PARK PBI-159 KEY LARGO OR6:23-463 ORI009- 1205UB) OR 1009-1 206QC/LEUB) ORI139-1()(jO/9HCSP) ORI5:27- I 873174(JMH) OR I 566-5:2Y!320MH ) OR 1570-27IQ/C(JMH) Key Largo Wastewater Treatment District Waiver of Wastewater Service and Acknowledgement of Potential Costs Page 8 of 11 Excluded Parcels: Excluded Parcel No. 20: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No. 21: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No. 22: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No. 23: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No. 24: Alternate Key Number: RE Number: Physical Location: Legal Description: 1677361 00551820-000000 KEY LARGO BK 5 LT 3 ANGLERS PARK PBI-159 KEY LARGO OR623-463 OR1009- 1205(1B) ORI009-1206QC/LE(1B) OR] 139-1990/91(CSP) OR1527- I 873/74(1MH) OR 1566-529/31(1MH) OR 1570-271 Q/C(1MH) 1677370 00551830-000000 KEY LARGO BK 5 LT 4 ANGLERS PARK PBI-159 KEY LARGO OR623-463 ORI009- 1105(1B) ORl(X)9-1206QC/LE(JB) ORI139-1990/9/(CSP)ORI517- I 873/74(1MH) ORI566-519/32(1MH) OR 1 570-271Q/C(1MH) 1677388 00551840-000000 KEY LARGO BK 5 LT 5 ANGLERS PARK PBI-IS9 KEY LARGO OR623-463 OR1009- 120S(1B) ORI009-1106QC/LE(1B) ORI527-1873/74(1MH) ORIS66- 529/32<JMH) OR 1570-171 Q/C(1MH) 1677396 00551850-000000 KEY LARGO BK 5 LT 6 ANGLERS PARK PBI-159 KEY LARGO OR623-463 OR 1009- 1205(1B) ORIOO9-1206QC/LE(1B) ORI139-J990/91(CSP) OR1527- 1 873/74(1MH) OR 1566-529/32(1MH) OR 1570-271 Q/C(JMH) 1677400 00551860-000000 KEY LARGO BK 5 LT 7 ANGLERS PARK PBI-159 KEY LARGO OR623-463 ORI009- 1105(1B) ORJ(X19-1106QC/LE(1B) ORI139-1990/9I1CSP) OR1517- I 873/74(1MH) ORI566-S19132(JMH) OR I 570-27 IQ/C(1MH ) Key Largo Wastewater Treatment District Waiver of Wastewater Service and Acknowledgement of Potential Costs Page 9 of 11 Excluded Parcels: Excluded Parcel No. 25: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No. 26: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No. 27: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No. 28: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No. 29: Alternate Key Number: RE Number: Physical Location: Legal Description: 1677418 00551870-000000 KEY LARGO BK 5 LT 8 ANGLERS PARK PBI-159 KEY LARGO OR623-463 ORIO09- 1205(JB) OR 1009-1 206QC!LE(.IB) ORI139-1990/91(CSP) ORI527- 1 873/74L1MH) OR I 566-529/32L1MH) OR 1570-271 Q/CLlMH) 1677426 00551880-000000 KEY LARGO BK 5 LT 9 ANGLERS PARK PBI-159 KEY LARGO OR623-463 OR1009- 1205L1B) ORI009-1206QC/LE(JB) ORI139-1990/91(CSP) OR1527- IS73/74(JMH) OR 1 566-529/32(JMH) OR 1570-271 Q/C(.IMH) 1677434 00551890-000000 KEY LARGO BK 5 LT 10 ANGLERS PARK PBI-159 KEI' LARGO OR623-463 ORIO09- 1205(JB) OR1009-1206QC/LE(JB) ORI139-1990/9HCSP) OR1527- 1 S73/74(.1MH) OR I 566-529/32(JMH ) OR 1570-271 Q/C(JMH) 1677442 00551900-000000 KEY LARGO BK 5 LT II ANGLERS PARK PBI-159 KEY LARGO OR623-463 OR 1009- 1205(.1B) ORI009-1206Q/CJB ORI139-199019I<CSP) OR1527- I 873/74UMH) ORI566-529/320MH) OR 1570-27IQ/COMH) 8712626 00456160-000100 39 JENNY LN KEY LARGO LARGO GARDENS PB4-38 LOT 15 BLK 4 OR409-996 OR806-1264 ORI002-2389(VE) ORI131-84()OB) ORI301-17S/7QOB) OR1318- 2 I 5 I C/To B ) Key Largo Wastewater Treatment District Waiver of Wastewater Service and Acknowledgement of Potential Costs Page 10 of 11 Excluded Parcels: Excluded Parcel No. 30: RE Number: Physical Location: Legal Description: Excluded Parcel No. 31: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No. 32: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No. 33: Alternate Key Number: RE Number: Physical Location: Legal Description: Excluded Parcel No. 34: Alternate Key Number: RE Number: Physical Location: Legal Description: 8739788 00085140-000200 KEY LARGO 12-61-39 ISLAND OF KEY LARGO PBI-68 & PB4-130 PT LT I SE OF R/W (AKA, ROADWAY) OR I 050-6291630 8835761 00546710-000000 KEY LARGO AMD PLAT WINSTON WATERWAYS PB4-1-+4 KEY LARGO FIRST, SECOND. THIRD & FOURTH LANES & VALENCIA ROAD OR 1268- 1055(CW) Key Largo Wastewater Treatment District Waiver of Wastewater Service and Acknowledgement of Potential Costs Page 11 of 11