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
$1,500,000 advanced under this resolution has been spent for the design and construction of the Project,
including project- specific administrative costs and other project-related costs.
A'ITEST
~ANNYL.K()L~
B~."~
. Deputy Clerk
PASSED AND .ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regnlar
meeting of said Board held on the 16lh day of May, 2007.
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BOARD OF COUNTY COMMIs.$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
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Absent
Yes
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Yes
ANN A. UTTON
Date COUNTY ~;7t:"7