06/10/1998 Agreement 160
e 'oi4o2‘,4
•
• .1`illl
;Dann!) IL. 3kotljage
BRANCH OFFICE CLERIC OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145
FAX(305)289-1745 TEL(305)292-3550 FAX(305)852-7146
FAX(305)295-3660
MEMORANDUM
TO: Bob Herman
Director of Growth Management
Attention: Isabel Reid, Sr. Administrative Assistant
FROM: Ruth Ann Jantzen
Deputy Clerk
--DATE: June 19, 1998
At the June 10, 1998 County Commission Meeting, the Board granted approval of
the clarification of language in the Memorandum of Understanding (MOU) between
Monroe County and the Florida Keys Aqueduct Authority.
Enclosed please find a fully executed duplicate original of the above MOU for
return to the Florida Keys Aqueduct Authority.
If you have any questions regarding the above, please do not hesitate to contact
this office.
County Attorney
Finance
County Administrator, w/o document
File
Memorandum of Understanding
Between Monroe County and the Florida Keys Aqueduct Authority
This Memorandum of Understanding (MOU) is entered into between Monroe
County (County) and the Florida Keys Aqueduct Authority (FKAA) under the
authority granted in Section 163.01, F.S.. �, 4.0 -*1
O = "-
PURPOSE
• r- �D O
on•
The purpose of this MOU is to establish the shared responsibilities$0.eeNtheo
Monroe County Board of Commissioners (BOCC) and the Florida KaPiquedu o
Authority (FKAA) for the development of a wastewater utility in the I eys o �a
1.13
BACKGROUND
On 15 April 1993, the Board of County Commissioners adopted its 2010
Comprehensive Plan as required under Chapters 163 and 380 of the Florida
Statutes. After lengthy litigation through two separate administrative hearing
processes, the final adoption of the Monroe County 2010 Comprehensive Plan
(2010 Plan) occurred on 17 July 1997.
The 2010 Plan requires that the County complete a Sanitary Wastewater Master
Plan (SWMP) for the entire unincorporated area of Monroe County (Objective
901.4 and subordinate Policies). The 2010 Plan also requires that the County
complete the development of a Wastewater Facilities Plan (MWFP) for the
Marathon area and implement it by seeing that recommended wastewater
facilities are constructed (Policy 101.2.13, Five-year Work Program).
The County has committed to completing planning phases for the SWMP and the
MWFP. However, the County is not ideally suited either institutionally or
procedurally to implement design and construction phases anticipated in either
planning effort. In this regard, the Florida Keys Aqueduct Authority (FKAA) is
uniquely authorized under the Laws of Florida (Chapter 76-441) to acquire,
operate, and maintain wastewater systems as defined in Section 3 (8) of the Law
and as specifically established in Section 9 (9) of the Law. The FKAA also has
most of the institutional and procedural mechanisms in place to provide
wastewater services for Monroe County. Some needed modifications to Chapter
76-441 were completed during the 1998 Legislative Session (HB4349 attached),
the most pertinent of which revised the current bonding authority of the FKAA.
The County assisted in and supported the effort during the adoption of these
local bills.
fr v
Therefore, it is in the interest of the Board of County Commissioners to request
that the FKAA exercise its authority to purchase, finance, construct, and
otherwise acquire and to improve, extend, enlarge, and reconstruct a wastewater
collection, transmission, treatment, and disposal system or systems in the Florida
Keys. Through the approval of this MOU, the two Boards have agreed to work
toward the complete development of a wastewater utility to be administered
through the FKAA.
AGREEMENT
Provision of Wastewater Services
1. The FKAA hereby agrees to exercise its authority to acquire, finance, operate,
and maintain wastewater collection, transmission, treatment, and disposal
systems, in effect becoming the Wastewater Authority for the entire
unincorporated area of the Florida Keys; and
2. The BOCC acknowledges that the FKAA is currently prohibited in the use of
"water" money for the development of a wastewater system. The County
will work with the FKAA, the State, and the Federal government to establish
seed money for the FKAA to develop the institutional and procedural
framework for such an Authority, to include the limited hiring of staff, the
acquisition of vehicles and office facilities,and provision for travel expenses.
3. The BOCC acknowledges that the FKAA will only establish one sewer district
currently, the Marathon Wastewater District, and that the establishment of
all subsequent districts (if any) will be dependent on the outcome of the
SWMP.
The Marathon Wastewater District
1. The FKAA, under its authority, agrees to immediately create a wastewater
district which includes the area from the east end of the Seven-mile Bridge
to and including all properties on Cocoplum Road, excluding the
incorporated area of Key Colony Beach, as established in the current version
of the Marathon Wastewater Facilities Plan (MWFP). Should Key Colony
Beach wish to be included in the wastewater district at some later date, they
could request inclusion and the boundaries of the wastewater district could
be amended.
2. By adoption of accompanying Resolution 393-1997 by a majority vote of the
BOCC, having duly noticed and advertised the adoption of this Resolution,
SWMP390dac 2
09/10/97 6:50 AM
i+ J
the BOCC approves the establishment of the Marathon Sewer District by the
FKAA pursuant to Section 9 (9) (b) of Chapter 76-441, Laws of Florida.
3. The FKAA, under its authority, agrees to participate in the completion of the
MWFP, initiate design and contract documents, finance, and ultimately
construct, own, operate, and manage the Marathon Wastewater Facility.
The County agrees to complete the development of the MWFP to the point of
finishing contract commitments with the firm of CH2MHill to develop the
Marathon Wastewater Facilities Plan for the purposes of including it in a
Request for Prioritization in the State's Revolving Fund program.
4. Pertinent to the process of completing the MWFP is the completion of plans
for phased construction of the Little Venice area (94'hh Street to Vaca Cut on
the Ocean side of U.S. 1). The MWFP currently establishes this area as the
first phase of construction in the Marathon Wastewater District. Funds for
completion of this area, as appropriated through Congress in the first
session of the 1051h Congress, will be available late in 1998. With
agreement between the County and the FKAA, construction design and
engineering for this area could begin immediately. The Congressional
appropriation in the amount of approximately $4.3 million must be
matched by the FKAA in a I/3 ratio (approximately $1.4 million).
5. As the Wastewater Authority for Monroe County and having agreed to
adopt Marathon as its first wastewater district, the BOCC authorizes the
FKAA to make appropriate arrangements to bond or otherwise secure the
necessary funds to meet the twenty-five percent (25%) match requirements
noted above for the Little Venice area. The County agrees to work with the
FKAA to determine the most appropriate point in time to begin construction
of the wastewater facility in the Little Venice area.
6. There will be key decision points in the effort to construct the Marathon
Wastewater Facility, particularly related to funding requirements, which
will necessitate actions by the BOCC or both Boards. These decision points
will come at approximately the mid point in developing construction design
plans and prior to the initiation of actual construction of the larger
Marathon Wastewater Facility. The County and FKAA agree to coordinate
on the completion of this project as plans develop. If funding in the larger
scale is not forthcoming, the Boards may jointly reassess the direction or
entirely discontinue the project.
SWMP390 doc 3
09/10/97 6:50 AM
fi V
The Sanitary Wastewater Master Plan
1. The FKAA agrees to participate in the process of developing the Sanitary
Wastewater Master Plan (SWMP) for unincorporated Monroe County.
2. The FKAA agrees to formally consider the adoption of resulting
recommendations from the SWMP as they are forthcoming so that when
requested to implement the recommendations by the BOCC, the two Boards
may be in prior mutual agreement over the outcome of the SWMP.
3. The BOCC agrees to maintain a continuous process of coordination with the
FKAA so that the FKAA Board is fully apprised of all actions taken by the
BOCC with regard to the SWMP.
Immediate Funding Commitments
1. The BOCC is working to complete grant applications to secure the $4.3
million of de-obligated Title II, Federal Pollution Control Act dollars
appropriated by Congress. The FKAA has participated in the process to
secure these funds.
2. The BOCC agrees to work to develop the financial package to make the
Marathon Wastewater project financially feasible in accordance with the
direction of the BOCC and with the concurrence of the FKAA.
OTHER ISSUES
I. The BOCC recognizes the FKAA as the sole governmental provider of
wastewater services. The BOCC will not approve another provider of
wastewater services, regulated under chapter 367 F.S. or a government
agency, as part of its normal process of completing development review and
approval or as part of a request for a special taxing district or similar taxing
structure for wastewater, without prior approval of the Board of the FKAA.
2. The BOCC agrees that, once the FKAA establishes wastewater district, the
establishment of which the BOCC has approved in this MOU, the further
development of the project, design, construction, the establishment of
bonding requirements, hook-up, service fees and charges, and the general
operation and maintenance of the facilities within the wastewater district
will fall entirely within the purview of the FKAA as established in Chapter
76-441 Laws of Florida, any other relevant enabling legislation, and the
policies and procedures for the FKAA.
SWMPS90.doc 4
09/10/97 6:50 AM
• V
•
3. The BOCC supports the Florida House and Senate adoption of new legislative
language under Chapter 76-441, Laws of Florida (HB4349). In accordance
with Section 8 of House Bill 4349, which amends Section 28 of Chapter 76-
441, Laws of Florida, Special Acts of 1976, the BOCC hereby approves the
FKAA's on going right and power to issue bonds to finance wastewater
projects.
EFFECTIVE DATE
1. This Memorandum of Understanding will take effect when a certified copy
is filed with the Clerk of the Court of Monroe County.
PASSED AND ADOPTED by the Board of County Commissioners, Monroe
County, Florida at a regular meeting of said Board held on the 14th day of May,
A.D., 1998 and by the Board of the Florida Keys Aqueduct Authority at a regular
meeting of said board held on the 22nd day of May 1998.
BOARD OF COUNTY COMMISSIONERS
MONRO(II FY LORIFy D c BY: I�
MAYOR/CHAIR PERSON
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
KxT-x BY: ^
DEPUTY ERK
BOARD OF THE FLORIDA KEYS
AQUEDUCT AUTHORITY
BY:
HAIR PERSON
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGAL Sy1FFICIE LEGAL SUFFICIENCY
BY:
TTO for ih
SWMP390.doc 5
09/10/97 6:50 AM
Florida House of Representatives - 1998 NB 4349
By Representative Horan
1 A bill to be entitled
2 An act relating to Monroe County; amending
3 chapter 76-441, Laws of Florida, as amended,
4 relating to the Florida Keys Aqueduct
5 Authority; providing for certain matters
6 regarding the construction, acquisition, and
7 maintaining of a wastewater system for the
8 collection, treatment, and disposal of
9 wastewater in Monroe County; providing for
10 certain matters with respect to the purchase of
11 property by the Florida Keys Aqueduct
12 Authority; providing for notification to the
13 public of the availability of the Florida Keys
14 Aqueduct Authority's annual audit; amending
15 certain provisions relating to the issuance of
16 bonds; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 1 of chapter 76-441, Laws of
21 Florida, as amended by chapter 77-605, Laws of Florida, is
22 amended to read:
23 Section 1. Creation of Authority; boundaries
24 defined.--As of September 15, 1976, the Florida Keys Aqueduct
25 Authority, an independent special district, was is recreated
26 and thereafter was 31,811 L_ the successor agency to the
27 Florida Keys Aqueduct Authority which was is abolished by
28 chapter 76-441, Laws of Florida t1.i3 act. The Florida Keys
29 Aqueduct Authority is not being recreated by this act or for
30 purposes of s. 189.404, Florida Statutes.The primary purpose
31 and function of this Authority shall be to, obtain, supply, and
1
CODING:words atLi..kc, are deletions; words underlined are additions.
`i
Florida House of Representatives - 1998 HB 4349
575-155-98
1 distribute an adequate water supply for the Florida Keys and
2 to collect, treat, and dispose of wastewater in the Florida
3 Keys . The geographic jurisdiction of the Authority shall be
4 as provided in this act. The Florida Keys Aqueduct Authority
5 shall be an autonomous public body corporate and politic and
6 have perpetual existence. All lawful debts, bonds,
7 obligations, contracts, franchises, promissory notes, audits,
8 minutes, resolutions, and other undertakings of the Florida
9 Keys Aqueduct Authority are hereby validated and shall
10 continue to be valid and binding on the Florida Keys Aqueduct
11 Authority in accordance with their respective terms,
12 conditions, covenants, and tenor. Any proceedings heretofore
13 begun by the Florida Keys Aqueduct Authority for the
14 construction of any improvements, works, or facilities; for
15 the assessment of benefits and damages or for the borrowing of
16 money shall not be impaired or voided by this act but may be
17 continued and completed in the name of the Florida Keys
18 Aqueduct Authority. The Authority shall include within its
19 territorial boundaries all of the lands within Monroe County,
20 but may procure water outside its boundaries for sale within
21 said boundaries, and may serve customers residing within 1
22 mile of its pipeline, from its well field at Florida City in
23 Dade County to the territorial boundary of the Authority, and
24 may provide for the disposal or treatment of wastewater
25 outside its boundaries for wastewater from within its
26 boundaries.
27 Section 2. Subsection (8) of section 3 of chapter
28 76-441, Laws of Florida, is amended to read:
29 Section 3. Definitions.--Unless the context shall
30 indicate otherwise, the following words as used in this act
31 shall have the following meanings:
2
CODING:words ntrlckei are deletions; words underlined are additions.
G ri
Florida House of Representatives - 1998 MB 4349
575-155-98
1 (8) "Sewer system" means any plant, system, facility,
2 or property and additions, extensions, and improvements
3 thereto at any future time constructed or acquired as part
4 thereof, useful or necessary or having the present capacity
5 for future use in connection with the collection, treatment,
6 purification, or disposal of sewage, including without
7 limitation, industrial wastes resulting from any processes of
8 industry, manufacture, trade, or business or from the
9 development of any natural resources, and, without limiting
10 the generality of the foregoing, shall include treatment
11 plants, pumping stations, lift stations, valve, force mains,
12 intercepting sewers, laterals, pressure lines, mains and all
13 necessary appurtenances and equipment, all sewer mains,
14 laterals, and other devices for the reception and collection
15 of sewage from premises connected therewith, and all real and
16 personal property and any interest therein, rights, easements,
17 and franchises of any nature whatsoever relating to any such
18 system and necessary or convenient for the operation thereof.
19 The terms "wastewater" or "wastewater system" shall be
20 construed as synonymous with the term "sewer" or "sewer
21 system" for all purposes under this act.
22 Section 3. Section 6 of chapter 76-441, Laws of
23 Florida, as amended by chapter 80-546, Laws of Florida, is
24 amended to read:
25 Section 6. Compensation of the board.--Each member
26 shall be entitled to receive for such services a fee of $300
27 per meeting, not to exceed 3 meetings per month. In addition,
28 each board member shall receive reasonable expenses which
29 shall not be in excess of the amounts provided by law for
30 state and county officials in chapter 112, Florida Statutes.
31 The compensation amount for the members of the board provided
3
CODING:words t.iLke.r are deletions; words underlined are additions.
V
Florida House of Representatives - 1998 BB 4349
575-155-98
1 for in this section shall be adjusted annually based upon the
2 index provided for pursuant to s. 287 . 017 (2) , Florida
3 Statutes .
4 Section 4. Subsection (1) of section 7 of chapter
5 76-441, Laws of Florida, is amended to read:
6 Section 7. Bonds; depositories; fiscal agent;
7 budget.--
8 (1) Each member of the board of directors shall
9 execute a bond to the Governor in the amount of $10, 000 with a
10 qualified surety to secure their faithful performance of their
11 powers and duties. The board of directors shall require a
12 certified audit of the books of the Authority at least once a
13 year at the expense of the Authority. Such audit shall be
14 available for public inspection and a notice of the
15 availability of the audit shall be published in a newspaper
16 published in Monroe County at least once within 6 months after
17 the end of each fiscal year. The legislative auditor may
18 audit the Authority at any time.
19 Section 5. Subsection (3) of section 9 of chapter
20 76-441, Laws of Florida, as amended by chapters 77-604,
21 80-546, and 84-483, Laws of Florida, is amended to read:
22 Section 9. Powers of the Authority.--In addition to
23 and not in limitation of the powers of the Authority, it shall
24 have the following powers:
25 (3) OWNERSHIP AND DISTRIBUTION OF PROPERTY.--To
26 acquire property, real, personal, or mixed within or without
27 its territorial limits in fee simple or any lesser interest or
28 estate by purchase, gift, devise, or lease on such terms and
29 conditions as the board of directors may deem necessary or
30 desirable and by condemnation (subject to limitations herein
31 below) . The Authority shall provide information and assistance
4
CODING:words .,tti..ke,r are deletions; words underlined are additions.
V ri
Florida House of Representatives - 1998 HH 4349
575-155-98
1 to Monroe County for use in preparing its comprehensive plan
2 with respect to the availability of water and wastewater
3 facilities.Except in cases of emergency, or the purchase of
4 sole source items, or when the board determines that delay
5 would be detrimental to the interests of the Authority, no
6 equipment shall be purchased in accordance with part I of
7 chapter 287, Florida Statutes ml.0 oe piiLe
8 , 10 : . .. - -. • - .. - .. ... . .
9 Lid .cti.Ed. All provided that the board of directors
10 determines that the use or ownership of such property be
11 necessary in the furtherance of a designated lawful purpose
12 authorized under the provisions of this act. However, the
13 authority may purchase equipment or material without
14 competitive bid, regardless of price, when the manufacturer
15 ma,.ufuLtuici, of such equipment or material refuses to bid on
16 the equipment or material and the board determines that the
17 public interest would be served, and substantial savings would
18 result, if the equipment or material were purchased directly
19 from the manufacturer. In all such cases the board shall
20 enter a record of such purchase in the "Record of Governing
21 Board of Florida Keys Aqueduct Authority. " The Authority is
22 specifically excluded from the provisions of s. 253.03 (6) ,
23 Florida Statutes, and has the authority to hold title to
24 property in its own name; to acquire easements or
25 rights-of-way, with or without restrictions, within or without
26 the limits of the Authority. The State of Florida may convey
27 to the Authority rights-of-way over any of the lands and
28 structures belonging to the State of Florida or any of its
29 agencies for the purpose of constructing, maintaining,
30 supplying, establishing, and regulating the works and projects
31 involved in the wastewater system or the water supply and
5
CODING:Words atii.ke,z are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 4349
575-155-98
1 distribution systems authorized by this act. To mortgage,
2 hold, manage, control, convey, lease, sell, grant, or
3 otherwise dispose of the same and any of the assets and
4 properties of the Authority without regard to chapter 273,
5 Florida Statutes.
6 Section 6. Paragraphs (k) , (1) , (m) , (n) , (o) , and (p)
7 are added to subsection (9) of section 9 of chapter 76-441,
8 Laws of Florida, to read:
9 Section 9. Powers of the Authority.--In addition and
10 not in limitation of the powers of the Authority, it shall
11 have the following powers:
12 (9)
13 (k) The Authority shall have power to contract with
14 any person, any private or public corporation, the State of
15 Florida, or any agency, instrumentality, or county,
16 municipality or political subdivision thereof, or any agency,
17 instrumentality, or corporation of or created by the United
18 States, with respect to such wastewater system or any part
19 thereof. The Authority shall also have power to accept and
20 receive grants or loans from the same, and in connection with
21 any such contract, grant, or loan, to stipulate and agree to
22 such covenants, terms, and conditions as the governing body of
23 the Authority shall deem appropriate.
24 (1) To make or cause to be made such surveys,
25 investigations, studies, borings, maps, drawings, and
26 estimates of cost and revenues as it may deem necessary, and
27 to prepare and adopt a comprehensive plan or plans for the
28 location, relocation, construction, improvement, revision, and
29 development of the wastewater system.
30 (m) That subject to covenants or agreement with
31 bondholders contained in proceedings authorizing the issuance
6
CODING:Words nt.ickon are deletions; words underlined are additions.
Q
Florida House of Representatives - 1998 HE 4349
575-155-98
1 of bonds pursuant to this act, the Authority shall have the
2 power to lease said wastewater system or any part or parts
3 thereof, to any person, firm, corporation, association, or
4 body, upon such terms and conditions and for such periods of
5 time as shall be determined by the governing body. The
6 Authority shall also, whenever desirable, have power to grant
7 permits or licenses in connection with any of the facilities
8 of such wastewater system, and shall have full and complete
9 power to do all things necessary and desirable for the proper
10 and efficient administration and operation of such wastewater
11 system and all parts thereof. The Authority shall also have
12 power, whenever deemed necessary or desirable and subject to
13 covenants and agreements with bondholders, to lease from any
14 person, firm, corporation, association, or body, any
15 facilities of any nature for such wastewater system.
16 (n) That charges shall be levied by the Authority
17 against its own books or against Monroe County with respect to
18 providing any facilities or services rendered by such
19 wastewater system to the Authority or to Monroe County, or to
20 any other political subdivision or public body or agency which
21 receives wastewater system services, or to any department or
22 works thereof, at the rate or rates applicable to other
23 customers or users taking facilities or services under similar
24 conditions. Revenues derived from such facilities or services
25 so furnished shall be treated as all other revenues of the
26 wastewater system.
27 (o) Neither Monroe County, nor any municipality or
28 special district therein, shall exercise any present or future
29 power, pursuant to law, to interfere with the Authority's
30 jurisdiction and operation of the wastewater system in such a
31 manner as to impair or adversely affect the covenants and
7
CODING:Words atii.ku,r are deletions; words underlined are additions.
V V
Florida House of Representatives - 1998 BB 4349
575-155-98
1 obligations of the Authority under agreement relating to its
2 bonds or other debts.
3 (p) The Authority shall have exclusive jurisdiction
4 over the administration, maintenance, development, and
5 provision of wastewater system services in Monroe County, with
6 the exception of the City of Key West, the City of Key Colony
7 Beach, the City of Layton, and Islamorada, Village of Islands,
8 unless such incorporated areas shall choose to grant the
9 Authority such jurisdiction, and the Authority's wastewater
10 system authorized hereunder shall be the exclusive provider of
11 wastewater system services and no franchise or grant of power
12 to any other entity or provider shall be lawful unless
13 preapproved by the Authority. The Authority shall have the
14 power to regulate the use of, including prohibiting the use of
15 or mandating the use of, specific types of wastewater
16 facilities and, notwithstanding any other provisions hereof,
17 shall be authorized to prescribe the specific type of
18 wastewater treatment facility or measures required to be
19 utilized within the boundaries of the Authority, including,
20 but not limited to, requiring the use of septic tanks in lieu
21 of cess pits, the mandatory hookup to specific wastewater
22 treatment plants, requiring upgrades be undertaken on site
23 wastewater systems, and any other combination of the foregoing
24 in order to manage effluent disposal and wastewater matters.
25 Section 7. Section 17 of chapter 76-441, Laws of
26 Florida, is amended to read:
27 Section 17. Remedies.--Any holder of bonds issued
28 under the provisions of this act or of any of the coupons
29 appertaining thereto, and the trustee under the trust
30 indenture, if any, except to the extent the rights herein
31 given may be restricted by resolution passed before the
8
CODING:words are deletions; words underlined are additions.
V lia
Florida House of Representatives - 1998 HS 4349
575-155-98
1 issuance of the bonds or by the trust indenture, may, either
2 at law or in equity, by suit, action, mandamus, or other
3 proceeding, protect and enforce any and all rights under the
4 laws of the State of Florida or granted hereunder or under
5 such resolution or trust indenture, and may enforce or compel
6 performance of all duties required by this act or by such
7 resolution or trust indenture to be performed by the Authority
8 or any officer thereof, including the fixing, charging, and
9 collecting of rates and other charges for both water furnished
10 by the waterworks system and wastewater treatment furnished by
11 the wastewater system.
12 Section 8 . Section 28 of chapter 76-441, Laws of
13 Florida, as amended by chapters 80-546 and 87-454, Laws of
14 Florida, is amended to read:
15 Section 28. Authorization and form of yeveuuL
16 bonds.--Reveave—Lial „tuy Le 0utL..si.._d by rcoulutiva .,f %Am
17 Lucid of dlrc.durs which shall be adopted by a ntaj..rity of all
18 .
19 ud..rt..d at the sI....Li„y ,ulmnuaL„t to u.,d nut at tL., JUut..
20 meeti,.y at which they are introduced. The board may by
21 resolution authorize the issuance of zevLuue bonds on either a
22 negotiated or competitive bid basis, fix the aggregate amount
23 of rce..uu.. bonds to be issued, the purpose or purposes for
24 which the moneys derived therefrom shall be expended, the rate
25 or rates of interest, wllull rate may nut ....uutd the rote
26 - ,.utl...ri,.ed Ly yeuerul law, tl.., denomination of bonds, whether
27 or not the bonds are to be issued in one or more series, the
28 date or dates thereof, the date or dates of maturity, which
29 shall not exceed 40 years from their respective dates of
30 issuance, the medium of payment, place or places within or
31 without the state where payment shall be made, registration,
9
CODING:Words sr..i..Ke,r are deletions; words underlined are additions.
Florida House of Representatives - 1998 HE 4349
575-155-98
1 privileges, rdemrti..,, tt.,as and-privileges (whether with or
2 without premium) , the manner of execution, the form of the
3 bonds, including any interest coupons to be attached thereto,
4 the manner of execution of bonds and coupons, and any and all
5 other terms, covenants and conditions thereof, and the
6 establishment of reserve or other funds. Prior to the issuance
7 of bonds by the Authority to finance wastewater projects,
8 approval by majority vote of the Board of County Commissioners
9 of Monroe County of the Authority' s ongoing right and power to
10 issue bonds shall be received (the "County Approval") . Once
11 the County Approval of the Authority's ongoing right and power
12 to issue bonds has been received, the Authority shall
13 thereafter have such right to issue bonds for its projects and
14 to make any and all determinations relating to such bond
15 issues.
16 Section 9. This act shall take effect upon becoming a
17 law.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
10
CODING:words at.iLkcu are deletions; words underlined are additions.