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BRANCH OFFICE CLERK 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)2923550 FAX(305)852-7146
FAX(305)295-3660
MEMORANDUM
TO: Timothy J. McGarry
Director of Growth Management
Attention: Isabel T.Reid, Senior Staff Assistant
FROM: Ruth Ann JantzenB
Deputy Clerk
DATE: June 24, 1999
At the April 14, 1999 Board of County Commissioners Meeting,the Board
adopted Resolution No. 167-1999 amending the Memorandum of Understanding between
Monroe County and the Florida Keys Aqueduct Authority AND granted approval and
authorized execution of Amendment 1 of the Memorandum of Understanding between
Monroe County and the Florida Keys Aqueduct Authority.
Enclosed please find two certified copies of the above Resolution, as well as a
fully executed copy of the above Amendment for return to FKAA.
If you have any questions regarding the above,please do not hesitate to contact
this office.
cc: County Attorney
- -Finance
County Administrator, w/o document
File
Memorandum of Understanding
Between Monroe County and the Florida Keys Aqueduct Authority
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Amendment 1 `- -- c a
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This Memorandum of Understanding (MOU) is entered into betvirept-MairolN
County (County) and the Florida Keys Aqueduct Authority (FKA , §degth?,
authority granted in Section 163.01, F.S.. v m o
PURPOSE
The purpose of this MOU is to establish the shared responsibilities between the
Monroe County Board of Commissioners (BOCC) and the Florida Keys Aqueduct
Authority (FKAA) for the development of a wastewater utility in the Keys.
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
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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.
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
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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, 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 (946 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 105'" 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 1/3 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.
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40
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.
7. During the construction design and bid phase of the Little Venice project, the
FKAA will incur an estimated $1.1 million in expenses toward the completion
of the project. In the event the BOCC and FKAA should mutually agree that
the project is not feasible at that point, the FKAA would be required to repay
all expenses incurred to that point. The BOCC agrees to insure the full
amount of this debt, whether by direct appropriation or by seeking funds for
repayment from other sources, since the FKAA currently has no revenue
source for these expenses.
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
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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.
3. After completing the construction design and bid process, should the project
prove to be infeasible by mutual agreement of the BOCC and FKAA, then the
County shall reimburse expenditures incurred by the FKAA to that point up to
an amount not to exceed $1.1 million.
OTHER ISSUES
1. 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. Should local areas of the Keys agree to exempt themselves from the Cesspit
Ordinance (Ord. 03-1997, Chapter 15.5, M.C.C.) through the means
established in Ordinance 013-1999, or should the County designate such local
areas for wastewater treatment facilities in its Sanitary Wastewater Master
Plan, then the FKAA agrees to work with the County to assess the feasibility
of constructing a wastewater facility in the area and to establish a Sewer
District as appropriate.
3. 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.
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4. 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, Naonfyye
Col ty, Florida at a regular meeting of said Board held on the 14th day of Ay16y?P,2t.,
199 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
MONROE COUNTY, FLORIDA
MAYOR/CHAIR PERSON
(S f.
ATTEST: DANNY L. KOLHAGE, CLERK
BY: an NNDEPU CLE
BOARD OF THE FLORIDA KEYS
AQUEDUCT AUTHORITY
BY: L ' �1
CHAIR PEPtSON
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGAL SUFFICIENCY LEGAL SUFFICIENCY
BY: , _ BY: 61,/,
ATT NEY or the FKAA COUNTY ATTO
SWMP392dcc 5
03129/9911'.37 AM
4
Marine Resources
RESOLUTION NO. 167 -1999
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS AMENDING THE
MEMORANDUM OF UNDERSTANDING (MOW BETWEEN MONROE COUNTY AND THE
FLORIDA KEYS AQUEDUCT AUTHORITY IFKAA).
WHEREAS, the Board of County Commissioners requested revisions to the Memorandum of
Understanding between the County and the FKAA; and
WHEREAS, said revisions involve providing financial insurance to the FKAA for expenses
incurred on the Little Venice Wastewater project should we mutually agree to suspend the effort;
and
WHEREAS, said revisions also involve creating enhanced coordination on the development of
feasibility studies and wastewater facility plans In areas that become designated for the
development of wastewater treatment plants; now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
that the Board hereby adopts the attached amendment to the Memorandum of Understanding
between Monroe County and the Florida Keys Aqueduct Authority. Said amendment will become
effective upon execution by both the Board of County Commissioners and the Board of Florida Keys
Aqueduct Authority .
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of said Board held on the 14th day of April. 1999.
Mayor Wilhelmina Harvey _yes
Commissioner Shirley Freeman yes
Commissioner George Neugent yes
,/ om031ssioner Mary Kay Reich yes
i tornmissigner Nora Williams _yes
/ '`y
\'.' BOARD OF COUNTY COMMISSIONERS
. � :.. IYL:KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By .f.AR_��i.... a�.�_!.► By l. J. .+li+w+...t ^
Depu Jerk % 11 Mayor/Chairman
jresfkaamou APPROVED AS TO FORM
A l S FIGI CY,
0 RI .
DATE - I1 -n