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Resolution 183-2007 RESOLUTION NO. 183 -2007 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING PAYMENT OF $1,500,000 TO ASSIST THE FLORIDA KEYS AQUEDUCT AUTHORITY FOR DESIGN, DEVELOPMENT AND CONSTRUCTION OF A WASTEWATER SYSTEM TO SERVE THE CONCH KEY/DUCK KEY AREA, KNOWN AS THE CONCH KEY/DUCK KEY REGIONAL WASTEWATER SYSTEM. WHEREAS, the Monroe County Comprehensive Plan requires Monroe County to meet State mandated wastewater treatment standards by 2010; and WHEREAS, the prevailing method of wastewater treatment in the Conch Key/Duck Key area is the utilization of cess pits and septic systems in the Duck Key area and secondary treatment at the Hawk's Cay plant for the Conch Key area; 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") ror 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 interlocaI agreement (lLA) on September 6, 2005, to work together to construct and place into service such wastewater treatment plants as are necessary to fulfiJl the 20 I 0 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 Conch KeylDuck Key Wastewater District; and WHEREAS, the BOCC agreed in the September 6, 2005 interlocaI agreement to provide the FKAA with up to TWEN1Y MILLION DOLLARS ($20,000,000.00) to assist in the capital cost of constructing a regional 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 contemplated by both parties that further interlocaI agreements would be entered to govern the specific projects; and WHEREAS, Monroe County and the Florida Keys Aqueduct Authority (FKAA) entered into an interlocaI agreement (!LA) on September 20, 2006 for the Conch Key /Duck Key Regional Wastewater System in which the BOCC agreed to appropriate, by resolution, funds not to exceed lWELVE MILLION FIVE HUNDRED lHOUSAND DOLLARS ($12,500,000.00) estimated for administration, planning, and construction and to initially fund FKAA in the amount of ONE MILLION FIVE HUNDRED lHOUSAND DOLLARS ($1,500,000); and WHEREAS, the Authority has approached the County with a request for an advance for financial assistance to construct the Conch KeylDuck Key Wastewater System; and WHEREAS, the BOCC finds it in the best interest of the public to provide $1,500,000 to be applied by FKAA to the regional wastewater project for the Conch Key and Duck Key areas through the Conch KeylDuck Key Wastewater System; now, therefore, BE IT RESOL YED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section I: The Board hereby authorizes the advance payment of $1,500,000 to FKAA to be applied to the design and construction of the Conch KeylDuck Key Regional Wastewater Project in furtherance of the commitment made in the 9-OMl5 !LA, the 9-06-05 MLA and the 9-20-06 Conch KeylDuck Key !LA. This payment may be made from any fonds available and may be deemed to constitute the obligation under the 9- 20-06 Conch Key/Duck Key ILA. Section 2: Further funding committed under the !LA, the MLA and the Conch KeylDuck Key ILA 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 $1,500,000 advanced under this resolution has been spent for the design and construction of the Project, including project- specific administrative costs and other project-related costs. A'ITEST ~ANNYL.K()L~ B~."~ . Deputy Clerk PASSED AND .ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regnlar meeting of said Board held on the 16lh day of May, 2007. 3: ...... o 0 g ~ z .>- -.. f- 5S]~ 2: ~ PI:';:: -< :a:: ('""). r- I "rl 0(""")' +- '::J :;;~ ~J ~_~:: :::0 ~~" ;:r:. ::.':J ~. c--- :x (0.1 BOARD OF COUNTY COMMIs.$iONE~F g MO~UN1)ff~D~ ~ ~ ~ By: t<V~ Mayor Mario Di Gennaro Mayor Di Gennaro ..JMa.yor Pro Tem Spehar '~lWt1,issioner George Neugent {;;()Intp.i$Sioner Charles McCoy . 'C<mulUssioner Sylvia J. Murphy hL Absent Yes ~ Yes ANN A. UTTON Date COUNTY ~;7t:"7