Item O8
. .
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 17, 2000
Division:
County Attorney
AGENDA ITEM WORDING:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS APPROVING
FLORIDA KEYS AQUEDUCT AUTHORITY RESOLUTION NO. 00-05 WHICH
CREATES THE KEY LARGO WASTE WATER DISTRICT
.,
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
STAFF RECOMMENDATION:
Approval
TOTAL COST:
BUDGETED: Yes___ No___
APPROVED BY:
County AttorneY-2L
OM B/Purchasing
Risk Management
DIVISION DIRECTOR R;C~
DOCUMENTATION: Included / To Follow
Not required
AGENDA ITEM
'.06
. .
Board of County Commissioners
RESOLUTION NO.
-2000
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, APPROVING FLORIDA KEYS
AQUEDUCT AUTHORITY RESOLUTION NO. 00-05 WHICH CREATES
THE KEY LARGO WASTE WATER DISTRICT.
.,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. The Florida Keys Aqueduct Authority (FKAA) created the Key Largo
Wastewater District (District) in FKAA Resolution No. 00-05. A copy of FKAA Resolutions
No. 00-05 is attached to this Resolution and made a part of it.
Section 2. As required by Chap. 76-441, Sec. 9(b), Laws of Florida, the Board of
County Commissioners of Monroe County, Florida, does hereby approve FKAA Resolution
No. 00-05 and the creation of the District.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the
day of May, 2000.
Mayor Shirley Freeman
Commissioner Wilhelmina Harvey
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
jdresfkaa
~
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Wednesday, May 17, 2000, at 3:00 PM at the Key Largo Library, Tradewinds
Shopping Center, Key Largo, Monroe County, Florida, the Board of County
Commissioners of Monroe County, Florida. intends to hold a public hearing to
consider the following:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
APPROVING FLORIDA KEYS AQUEDUCT AUTHORITY RESOLUTION NO.
00-05 WHICH CREATES THE KEY LARGO WASTE WATER DISTRICT
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person
decided to appeal any decision made by the Board with respect to any matter
considered at such hearings or meetings. he will need a record of the
proceedings. and that, for such purpose. he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
Dated at Key West, Florida, this 28th day of April, 2000
(SEAL)
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
ReQuested publication dates
Reporter 5/4/00
Keynoter 5/6/00
. '
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FLORIDA KEYS AQUEDUCT AUTHORITY
RESOLUTION #
00 - 05
A RESOLUTION OF THE FLORIDA KEYS AQUEDUCT AUTHORITY TO
CREATE THE KEY LARGO WASTE-WATER DISTRICT. WITH
BOUNDARIES FSTABLISHED AS KEY LARGO INCLUDING ALL LANDS
EAST OF TAVERNIER CREEK INCLUDING TAVERNIER AND KEY
LAROO WITH THE EXCEPTION OF OCEAN REEF. SUBJECT TO
MAJORITY VOTE OF THE BOARD OF COUNTY COMMISSIONERS'
DULY NOTICED AND ADVERTISED.
WHEREAS. the Florida Keys Aqueduct Authority (FKAA) was established by Special
Legislation 76-441, as amended, and
WHEREAS. based on FKAA Enabling Legislation amendment HB 4349, the FKAA and
Monroe County entered into a Memorandum of Understanding (MOU) establishing criteria for
the development of a wastewater utility in Monroe County. The MOU provides that the FKAA
will use its authority to become the Wastewater Authority for the entire unincorporated area of
the Florida Keys and the sole governmental provider of wastewater services within the County's
service area; and
WHEREAS, said Act stipulates that the Board of Directors of the Florida Keys ~queduct
Authority shall be the governing body of the Authority and provides that the Board may adopt
by-laws, rules, resolutions, regulations and orders prescribing powers, duties and functions in the
conduct of business of the Authority, and
WHEREAS. said Act further provides that the Board shall have the power to prescribe,
fix, establish and collect rates, fees, rentals, or other charges and'to revise the same from time to
time for the facilities and services furnished and to be furnished by the Authority; and
WHEREAS, the Florida Keys Aqueduct Authority is engaged in the development.
design, funding and construction of Wastewater facilities in Monroe County, Florida; and
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RESOLUTION # 00-05
March 22-, 2000
Page 2
WHEREAS, Special Legislation 76-441 Section 8 (9) (b) states: The Authority shall
have the power to create sewer (wastewater) districts, comprising any areas within the geographic
boundaries of the Authority. However, the boundaries of any such sewer district shall not be
.,
established until approved by majority vote of the board of County Commissioners, after public
hearings duly noticed and advertised.
NOW, THEREFORE BE IT RESOLVED, that the Florida Keys Aqueduct Authority
does hereby:
Create the Key Largo Wastewater District, identifying geographic boundaries
of Key Largo including aU lands east of Tavernier Creek including Tavernier
and Key Largo with the exception of Ocean Reef, for the purposes of deVeloping
a Wastewater System for this District and authorizes presentation of this
proposed Wastewater District to the Board of County Commissioners for
approval, after public hearings duly noticed and advertised.
ADOPTED THIS 22ND DAY OF MARCH. Jm.
;
FLORIDA KEYS AQUEDUcr AUTHORITY
BY:
a~
-(J /..' ~
J. ROBERT DEAN, CHAIRMAN
(CORPORATE SEAL)
q-@z~
FRED SHAW, SECRETARY-TREASURER
. . . ..
CHAPTER .76-U 1
LAWS OF FLORIDA
CHAPTER 76-...,
any person, firm, corporation, aS8ocia~ion, ?r ~ody, pUblic or
private, any proje~8 of the type that the Author1ty 18 authorized to
undertake and facilities cr property of any nature for the u.e of the
Authority to carry out any of the purpo.es of the AUthori~y.
(5) INSURANCZ.--The Authority shall in its
power upon resolutien dUly passed to insure
accordance with the State Fire Insurance Trust
chapter 284, Florida Statutes. .
(6) EMINENT DOMAIN.--To exercise within or vithou~ the
territorial limi~s of the Au~hority the righ~ and pover of eminent
domain in all cases AD~ under all circums~ances provided for in
chapter 73, Florida Sta~utes, and a~endments there~o. In addi~ion to
and not in limitation of the feregoing, the Authori~y may also
exercise the righ~ and power of eminent domain for the purpose of
condemning any real, personal, or u:ixed proper~y, public cr private,
including withou~ limi~tion, ~he proper~y owned by any pOlitical
body or municipal corporation which ~be board of directors shall deem
necessary for the use of, construc~ian or operation of any of the
proje~s of the Authority cr otherwise to carry out any of the
purpose. of the Authority. The power of COndemn.tion sh.ll be
exercised in the sau:e manner a. now prOvided by ~h. general lavsof
the s~~e. In any proceeding under this a~ or und.r chal*er 73,
Florida Statu~es, for the taking ef proper~y by eminent domain or
condemnation, the board of director. is authorized ~o file
declara~ion of taking immediate pos.e.sion of the property before the
final trial by making deposit as to value a. provided ty the general
s~a~utes, and shall h.ve all of the benefi~. provided by cbap~ers 73
and 74, Florid. S~tu~e., and ..endmente thereto, or auy other
sta~utes of the S~a~e of Florid. vhicb qiv. ~he righ~ to iamedia~e
taking and po.se.sion. No public or priv.te body and no agency or
authori~y of the s~ate or any political subdivision thereof shall
exercise the power of ainent dauin or condemnation with r..pect ~o
any of the propertie.. ......nt.. or rigbt8 ovaed by the Authori~y
and lying within ~he Authority's juris4ictiOD. except with ~he
concurrence of the bo.rd of directors of the Authority which shall
no~ be unrea.onably withheld.
di.cre~ion have the
its property in
Fund ae provided by
(7) WATER SYSTEMS. --To own. acquire. con.truct. reccn.~ruct,
equip, opera~e. m.int.in. extend. anet improve W.~er .y.tems; ~o
requla~e the u.e of and supply of water including r.~ioning,....and
regula~ions ~o enforce rationing. within ~h. Authori~y boundaries.
and pipes and water mains. condui~. or pipelin.s, in, along, or under
any s~reet. alley. highw.y, or other public place. or ways wi~hin or
without the boundaries of ~he Authori~y when d.emed necessary or
desirable by the board of directors in accompliShing ~he purposes of
this act.
(8) ISSCANCB OP BORDS.--To issue bond. or other otliga~ions
authorized by ~he provisicn. of ~his ac~ cr any other law or any
combina~ion of the foregoing ~o pay all or part of the cost of the
acquisition or construction, reconstruction, extensiOn. repair,
improveu:ent. main~en.nce. or operation or any project or.coabina~ion
of projec~s. To provide for any faCility. service. or other actiYi~y
of ~he Au~hority and tc prOVide for the re~ire"Dt or refunding of
any bonds or obliga~ions of the Authority or for any combination of
the foregoing purposes.
(9) Ca) SEliER SYSTEM.--'l'o purchase. construct. and
acq~ire and to improve. extend, enlarge, and recanstruc~
o~hentise
a sewage
311
.. . . -.
cBAPTZR 76-"1 LAWS OF FLORIDA CBAPTIR 76-"1
disposal systea or systeae and to purchase and/cr COIJ8t:ruC1: or
recolJstruct sever iJlprovemelJ1:s aDd to operate" maDaqe" &Dd ccn1:rol
all. such systeas so purcha.ed and/or con.txucted and all Froper1:ies
pertaininq there1:O and to furni.b and supply sevaqe collec1:iolJ and
dispo.al service. to alJY municipalities and any persons, fl~s" or
corpora1:ione" FUblic or priva1:e; to Frohibit or requlate the use and
maintenance of outhouses" privies, septic tanlt8" or other sani1:ary
structures or appliances within 1:he Aut.hority boundaries, provided
tba1: prior to prohibitinq the use of any such,facilities adequa1:e new
facili1:ie. must be available; 1:0 Freecribe methods of pre1:rea1:ment of
wa.te not amenable to treatment, to refuse to accept such wa.te when
not sufficiently Fre1:reated ~s may be prescribed and to Frescribe
penalties for the refusal of , any person or corporation 1:0 so pretreat
such w&81:e; to sell or otherwise dispose of the effluent" sludqe" or
other by-~rodQCts as a result of sevaqe treaCDent and to con.truct
and operate connectinq or in1:erceptinq outlets, sewers &Dd sewer
mains and pipes and water mains" conduits" or pipelines in" alonq, or
under any street" alley, biqbvays" wi1:hin or without the Authority
boundaries when deelled neces.ary or desirable t:y the board of
directors in accceplisbinq the purposes of this act" with the con.ent
of the aqency own.i.Dq or cClDtrollinq ..... A1J. such requlation hertti.n
authorized shall comply with the .tandards and requlations ~erta1ninq
to .... as pro.ulqated by the Department of Health and Rebakilitative
Services and by the Department of Envirou.ent:al Requlation and be
adopted pur.uan1: to chapter 120" Florida Statutes.
(t) The Authority ahall have the paMer to create .ever districts"
cOllprisiDCJ any area within the qeoqJ:'aphJ.c tlOaIldAries of the
Aut:.hority. Howeyer" the boundaries of any such ..wer di.trict .hall
not: be establimed antil approved by ..jority vete of the SOard of
county Co..issioners of Monroe County, after publlc bearinq duly
noticed and advertised. Any por1:ion or portions of the sewer .y.tea
within a district and of benefit to the prea:i..s or laDd .erved
thereby .hall be deeae4 illlprov...nts and .hall iDClude, without beinq
liai tee! to, laterals and ..ins for the cOllect:iOD aDd reception of
.evaqe fraa preai..s CCXlnect:ee! ther...ith, local or auz1.liary s:waPinq
or lift stations" trea~t plants or disposal plants and other
pertinent: facilities and equ1s-eut for the collection, trsaa.ent, and
disposal of ....aq.. 'fhe board aay ape_ fees and chaXges sufficient
to ottain bond or oth.r fiDaDCiDg for sewer projects. Such charqes
.hall ke a lieD upon any such parcel of property" su~erior and
para.ount to any interest in such parcel of property escep't the --iien
of county or aunicipl 'taxes and shall be OD a parity with any such
uses. All operational aDd fiDaucia.1 records of each district sha~~
be separately aaiotained and open to public inspecticn.
(c) To e.rci. e.:lusiye juri.diction, coDtrol" aDd suFeni.ion
oyer any sewer eystea. ovnee! or operated and .a1Dt&1Ded ty the
Authori'ty: to aake and enforce such rules and requlations for the
aai.Dtenance and operat:iOD of any .ewer .yst_ .. may I:e in the
jUdqaeut of the Authority neceseary or desirable. Howeyer, such
jurisdictioa lIball not conflict: with chapter 403, Florida Statutes"
and rulH of the Depart:seDt of EnviroDlllent:al RequlatiOll.
(d) To restraiD, enjoin" or otherwise preveDt the violation of
this law or of any re80~ution, rules, or requlatious adopted pursuant
to 'the Fowers qranted ty this law.
(e) TO require and enforce the use of its facilities whenever and
wherever they are accessitle.
312