Resolution 470-2002
BOCC
RESOLUTION~ 470-2002
AMENDMENT TO
THE JOINT RESOLUTION OF MONROE COUNTY BOCC
AND FLORIDA KEYS
FKAA RESOLUTION # 02-25 FKAA AMENDED RESOLUTION #03-03
MONROE COUNTY RESOLUTION # 349 2002
AN AMENDMENT TO THE JOINT RESOLUTION OF THE MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS (RESOLUTION NO.
349-2002) AND THE FLORIDA KEYS AQUEDUCT AUTHORITY
(RESOLUTION NO. 02-25) RELATING TO THE PROVISION OF
WASTEWATER FACILITIES IN THE KEY LARGO AREA OF MONROE
COUNTY. FLORIDA: PROVIDING FOR A COMMITMENT TO THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (-
FDEP-) TO PRESERVE AND SECURE CERTAIN GRANT FUNDING
FOR A WASTEWATER PROJECT IN THE KEY LARGO AREA
PROVIDING FOR REQUIRED FUNDING BY MONROE COUNTY FOR
THE PROJECTS PLANNING/DESIGN: PROVIDING FOR THE
COUNTY'S SHIP PROGRAM SUPPORT: PROVIDING FOR THE
DEVELOPMENT OF A CRITICAL EVENTS SCHEDULE ACCEPTABLE
TO FDEP IN ORDER TO IMPLEMENT A WASTEWATER PROJECT IN
THE KEY LARGO AREA: PROVIDING FOR TRANSITION TO THE
GOVERNING BOARD OF THE KEY LARGO WASTEWATER
TREATMENT DISTRICT: PROVIDING THAT THIS JOINT
RESOLUTION BE DEEMED AN INTERLOCAL AGREEMENT
PURSUANT TO SECTION 163.01. FLORIDA STATUTES: AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, The Monroe County Board of Commissioners adopted Resolution No. 349
and the Florida Keys Aqueduct Authority adopted Resolution No. 02-2002; and
WHEREAS, said Resolutions were adopted as joint resolutions, deemed to be an
Interlocal Agreement between the parties as defined under Section 163.01, F.S.; and
WHEREAS, this Interlocal agreement establishes various commitments and funding for
the development of the Key Largo Park, Key Largo wastewater project; and
WHEREAS, the funding committed in the Interlocal Agreement was underestimated at
the time of adoption of the Interlocal Agreement; and
WHEREAS, the parties wish to amend the Interlocal Agreement to reflect the correct
development costs and therefore the amount committed by the County to create preliminary
project design, engineering, and other FDEP documentation requirements for the Key Largo Park
project, now, therefore
BE IT RESOLVED THAT, the Monroe County Board of Commissioners amends
Resolution No. 349-2002 and the Florida Keys Aqueduct Authority amends the corresponding
Resolution No. 02-25 as follows:
SWMP-KL KLPResolution021 016
10/11/02 1 :40 PM
Section 1. Change Section 2 (B) of Resolution 349-2002 and Resolution 02-25 to read:
(B) Monroe County shall immediately appropriate and fund Three Hundred Fifty-
six Thousand Dollars ($356,000.00) to complete preliminary project design, engineering
and other FDEP documentation requirements for the Key Largo Park project. Monroe
County shall pay the FKAA on a reimbursement basis for the consultant engineering
services to complete these documentation requirements. If further County funds are
necessary to complete these documentation requirements, such funds shall be paid on a
reimbursement basis to FKAA upon modifications to this agreement, executed In writing
between the County and the FKAA. All the FKAA financial records pertaining to this
agreement must be made available, upon to request to the Clerk, an auditor employed by
the County or State of Florida. Any funds forwarded or transferred by the County to the
FKAA under this agreement that are determined by the Clerk, an auditor employed by the
County or State of Florida, to have been spent on a purpose not contemplated by this
agreement shall be paid back to the County with interest calculated pursuant to Sec. 55.03
(1), F.S., from the date the auditor determines the funds were expended for a purpose not
authorized by this agreement.
Section 2. This Amendment to Monroe County Resolution No. 349-2002 and Florida
Keys Aqueduct Authority Resolution No. 02-25 upon the date that both parties have signed this
document and it has been duly filed with the Clerk of the Circuit Court, Monroe County.
PASSED AND ADOPTED by the Monroe County Board of Commissioners at a
regular meeting of said Board held on the 16th day October 2002.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Bert Jimenz
Commissioner Murray Nelson
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, F DA
BY:
ATTEST: DANNY 1. KOLHAGE, CLERK
BY:~ Q., &.uJi.~
DEPUTY CL
BY:
SWMP- KL KLPResolution02 I 0 I 6
10/II/02 1:40 PM
2
FKAA AMENDED RESOLUTION #03-03
DULY ADOPTED by the Florida Keys Aqueduct Authority this 1 7 r 1-1 day of
October 2002.
BOARD OF DIRECTORS
FLORIDA KEYS AQUEDUCT AUTHORITY
BY:~m ~~~
John . Koe . , Sr. Chairman
(SEAL)
Attest:
Mmy~T:t;ill~
.:t r--.;)
c:::;) ."
<:) c:.: <::::>
:z J:;<. r--.;) r
:::0 ~ :z: ",
0"=- a
1'1;::: <: 0
,,' ."
OC'") ~ <::>
c: - ___ ::0
z::O -,
. a -0
-in' :::0
:<,....::.:: 3: ".,
')> C")
" C)
?= ", <::>
a ::0
N 0
SWMP- KL KLPResolution021 0 16
1O/111021:40PM
3
FKAA AMENDED RESOLUTION #03-03