Resolution 182-2007
RESOLUTION NO. 182 -2007
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AUTHORIZING PAYMENT OF $2,000,000 TO ASSIST THE FLORIDA KEYS
AQUEDUCT AUTHORITY FOR DESIGN, DEVEWPMENT AND CONSTRUCTION OF A
WASTEWATER SYSTEM TO SERVE THE SUMMERLAND, CUDJOE, UPPER
SUGARLOAF AREA, KNOWN AS THE SUMMERLAND/CUDJOEIUPPER SUGARLOAF
REGIONAL WASTEWATER SYSTEM.
WHEREAS, the Monroe County Comprehensive Plan requires Monroe County to meet State
mandated wastewater treatment standards by 20 I 0; and
WHEREAS, the prevailing method of wastewater treatment in the Summerland, Cudjoe, and Upper
Sugarloaf area is the utilization of cess pits and septic systems; and
WHEREAS, the Authority is authorized by Chapter 76-441, Laws of Florida, as amended, to design,
construct and operate wastewater treatment systems; and
WHEREAS, by virtue of Chapter 98-519 Laws of Florida, passed by the Florida Legislature on May
22, 1998 and subsequently signed into law by the Governor of the State, the Authority possesses authority to
act as the wastewater service provider in unincorporated areas of the County; and
WHEREAS, the Authority participated with the County in the development of the Monroe County
Sanitary Wastewater Master Plan (the "Master Plan") for the Florida Keys which was adopted by the Monroe
County Board of County Commissioners on May 18,2000; and
WHEREAS, the Master Plan identified and acknowledged the benefits to Monroe County, its
residents, visitors and environs from the installation of regionalized central sewer systems and identified areas
and projects which should be given priority attention, referred to as "Hot Spots;" and
WHEREAS, Monroe County and the Florida Keys Aqueduct Authority (FKAA) entered into an
interlocal agreement (ILA) on September 6, 2005, to work together to construct and place into service such
wastewater treatment plants as are necessary to fulfill the 2010 goals for sewering the Florida Keys; and
WHEREAS, FKAA has contracted for the design and permitting of the wastewater collection and
treatment system to serve the SummerlandlCudjoelUpper SugarloafWastewater District; and
WHEREAS, the BOCC agreed in the September 6, 2005 interlocal agreement to provide the FKAA
with up to 1WEN1Y MILLION DOLLARS ($20,000,000.00) to assist in the capital cost of constructing a
regiooal wastewater system serving the Lower Keys; and
WHEREAS, Monroe County and the Florida Keys Aqueduct Authority (FKAA) entered into a
Master Lease Agreement (MLA) dated as of September 6, 2005, to further define the cooperative partnership
of the parties in sewering the unincorporated areas of the County; and
WHEREAS, when the ILA and MLA were executed, it was contempIated by both parties that further
interlocal agreements would be entered to govern the specific projects; and
WHEREAS, Monroe County and the Florida Keys Aqueduct Authority (FKAA) entered into an interloca1
agreement (ILA) on September 20,2006 for the Summerland/CudjoelUpper SugarloafRegional Wastewater
System in which the BOCC agreed to appropriate, by resolution, funds not to exceed FORTY-FIVE
MILLION DOLLARS ($45,000,000.00) estimated for administration, planning, and construction of a
wastewater system to serve the Cudjoe and Summerland areas and to initially fund FKAA in the amount of
TIlREE MILLION FIVE HUNDRED TIlOUSAND DOLLARS ($3,000,000); and
WHEREAS, the FORTY-FIVE MILLION DOLLAR estimated project cost did not include Upper
Sugarloaf; and
WHEREAS, the Authority has approached the County with a request for an advance for financial
assistance to construct the Summerland/CudjoelUpper SugarloafWastewater System; and
WHEREAS, the l30CC finds it in the best interest of the public to provide $2,000,000 to be applied
by FKAA to the regional wastewater project for the Summerland, Cudjoe, and Upper Sugarloaf areas through
the Summerland/CudjoelUpper SugarloafWastewater System; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
Section I: The Board hereby authorizes the advance payment of $2,000,000 to FKAA to be applied to the
design of the Summerland/CudjoelUpper Sugarloaf Regional Wastewater Project in furtherance of the
commitment made in the 9-06-05 ILA, the 9-06-05 MLA and the 9-20-06 Summerland/CudjoelUpper
Sugarloaf ILA. This payment may be made from any funds available and may be deemed to constitute the
obligation under the 9-20-06 Summerland/CudjoelUpper SugarloaflLA.
Section 2: The remaining amount of the initial funding request will be made once the capital plan is amended
to increase the Upper SugarloaflCudjoelSummerland budget by $1,000,000.00.
Section 3: Further funding committed under the ILA, the MLA and the Summerland/CudjoelUpper Sugarloaf
!LA will be provided to FKAA only after submission of documentation meeting the County's accounting
requirements for reimbursement. Such documentation shall establish that FKAA exercises fiscal control and
fund accounting procedures that comply with generally accepted government accounting principles in order to
assure that the $2,000,000 advanced under this resolution and a future resolution for the remaining amount of
initial funding have been spent for the design of the Project, including project- specific administrative costs
and other project-related costs.
PASSED AND ADOPTEP by the Board of County Commissioners of Monroe County, Florida at a regular
meeting of said Board held on the 16th day of May, 2007.
Mayor Di Gennaro
~",". ~yorPr? Tern Spehar
"' ... ',s~~~slOner George Neugent
/; '(~~oner Charles McCoy
\\ )C~sil>.ner Sylvia 1. Murphy
i/ \ \ ,,:,",:- , ':' 'l
,. ., \. f\" :. .:,
A'I"FESt'- i if
. .~~?E: CLERK /1
.......:c;;.~~~
.. "" Deputy Clerk
Yes
Absent
Yes
Yes
:!]
s-
171
';:;;J
-...
a
:.u
:~::J
rq
C")
Q
;0
o
..,.. ~
(5 0 ~
::il: ~ -...
:0 ~
Cl~='" Co..
f7lr-~ S;
~~ -.
C"). J-. ,
BOARD OF COUNTY COMMIS~ <iF
MONR~CO~, A;.~;? ~
25
By: r- c> "
MONROE COUNTY ATTO~MarioDi 0 I\>
A ~MT Q
.hlL