Item M14
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 21 May 2003
Bulk Item: Yes ----X- No
Division:
Growth Management
Department:
Marine Resources
AGENDA ITEM WORDING:
Approval of a Resolution amending the Memorandum of Agreement (MOD) between the Monroe County and
the Florida Keys Aqueduct Authority for wastewater services on the Little Venice Project, Marathon
ITEM BACKGROUND:
A Memorandum of Understanding exists (attached) outlining responsibilities for the provision of wastewater
services, including Marathon. Although the County has no direct association with the Marathon, Little Venice
project at this time, it does still have a contract to provide $150,000 in funding. Originally this funding was
intended to help offset on-going administrative costs of FKAA unrelated to construction or O&M for the
facility. With time on the contract running out and the construction phase still under way, it has been
determined that the best way to expend the funds is to amend Contract SP527 to allow use of the funds for
construction costs. Contract SP527 references agreements between the County and FKAA to provide services
identified in the Contract. The FDEP contract manager needs confirmation of the FKAA commitment to
complete the Scope of Work as outlined in the amendment to Contract SP527.
PREVIOUS RELEVANT BOCC ACTION:
15 October 1997 - Approval of Resolution 393-1997 between Monroe County and the FKAA
22 May 1998 - Approval ofMOU between Monroe County and the FKAA
3 November 1999 - Approval ofSP527
CONTRACT/AGREEMENT CHANGES:
Amendment ofMOU with FKAA to reflect changes in Contract SP527
STAFF RECOMMENDATIONS;
Approval
TOTAL COST:
$150.000
None
BUDGETED: Yes
SOURCE OF FUNDS:
x
No
COST TO COUNTY:
DEP Grant SP527
REVENUE PRODUCING: Yes
APPROVED BY: County Atty ~
DIVISION DIRECTOR APPROVAL:
No~
Year
DOCUMENTATION: Included ~
DISPOSITION:
~//
AGENDA ITEM NO.:
BC030590
04/30/037:00 PM
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Marine Resources
RESOLUTION NO.
2003-
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMlSSJONERS AMENDING THE MEMORANDUM OF
UNDERSTANDING (ATTACHED) BETWEEN TIlE COUNfY
AND TIlE FLORIDA KEYS AQUEDUCT AUTHORITY (FKAA)
REGARDING THE PROVISION OF WASTEWATER SERVICES
IN THE LITILE VENICE AREA OF MARATHON.
WHEREAS, the amendment to Contract SP527 provides funds to Monroe
County to assist in offsetting construction costs in Little Venice, Marathon; and
WHEREAS, the amendment requires a commitment from the County's sub-
grantee, FKAA, to complete the requirements of the revised Scope of Work for
ContraCt SP527. now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS,
MONROE COUNTY, FLORIDA THAT THE FOLLOWING OCCUR:
Section 1. Add an additional point to the MOU between Monroe County and the
FKAA (Attached) under, "The Marathon Wastewater District" as follows:
6. The FK.AA agrees to utilize funds made available to the County under an
amendment to its Agreement with the Florida Department of Environmental
Protection (FDEP - Agreement No. SP527) intended to offset the cost of
constrUction for Little Venice Wastewater Project in Marathon. The FKAA
acknowledges that this amount is limited to $150,000 and that the time frame
for committing these funds and providing an invoice to the County is no later
than June 12,2003. Invoices received from FKAA later than June 12,2003 will
not be honored and may not be reimbursed per the County's agreement with
FDEP. The FKAA agrees to comply with all terms, reporting requirements, and
invoicing procedures as may be set out in FDEP Agreement SP527 as amended.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
R\!li SWMf' fl(AA MOU 030521
OS101/0312'17PM
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Marine Resources
PASSED AND ADOPTED by the Board of County Commissioners,
Monroe County, Florida at a regular meeting of said Board held on the 21 SI day
of Mav . A.D., 2003.
Mayor Dixie Spehar
Mayor Pro Tern Murray Nelson
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
MAYOR/CHAIR PERSON
(SEAL)
A TrEST:
DANNY 1. KOLHAGE, CLERK
BY:
DEPUTY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
ATTORNEY'S OFFICE
Res SWMP FKAA MOU 030521
OS/OI/O~ 12:17 PM
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..
PURPOSE
The purpose of this MOU is to establish the shared responsibilities between the
Monroe County Board of Co~sioners (BOCC) and the Florida Keys Aqueduct
Authority (FKAA) for the develo~~f.1t 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) ocCUITed 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 constmcted (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.
Therefore, it is in the interest of the Board of County Commissioners to request
that the FKAA exercise its authority to purchase, finance, constmct, 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 MOV, 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 Boee acknowledges that the FKAA is CUITentIy 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 Boec 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
BOeC, having duly noticed and advertised the adoption of this Resolution,
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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 110rida.
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 Facilitv.
The County agrees to complete the development of the MWFP to the point ~f
finishing contract commitments with the firm of CH2MHil1 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 (94th Street to Vaca Cut on
the Ocean side of U.S. 1). The MWFP CU1Tently establishes this area as the
first phase of construction in 'flie Marathon Wastewater District. Funds for
completion of this area, as appropriated through Congress in the first
session of the I05th 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 detennine 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 constmct 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
09/10/97 6;50 AM
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The Sanitarv 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 saec, the two Boards
may be in prior mutual agreement over the outcome of the SWMP.
3. The saec 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
Bacc with regard to the SWMP.
Immediate Funding Commitments. . .
1. The sacc is working to complete grant applications to secure the $4.3
million of de-obligated Title ll, Federal Pollution Control Act dollars
appropriated by Congress. The FKAA has participated in the process to
secure these funds.
2. The sacc agrees to work to develop the financial package to make the
Marathon Wastewater project financially feasible in accordance with the
direction of the saee and with the concurrence of the FKAA.
aTIiER ISSUES
1. The Baee recognizes the FKAA as the sole governmental provider of
wastewater services. The saee will not approve another provider of
wastewater services, regulated under chapter 367 F.S. or a government
agency, as part of its nonna1 process of completing development review and
approval or as part of a request for a special taxing district or similar taxing
stzucture for wastewater, without prior approval of the Board of the FKAA.
2. The Baee agrees that, once the FKAA establishes wastewater district, the
establishment of which the Baec has approved in this MaU, 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.
SWMP390.dlX:
09/10/976:50 AM
4
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.
EFFECI1VE DATE
I. 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.
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BOARD OF C
MONROE
COMMISSIONERS
RID~-
~~ v4~
MAYOR/CHAIR PERSON
BY:
(SEAL)
ATI'EST: DANNYL. KOLHAGE, CLERK
BY:~u~~~~
BOARD OF 1HE FLORIDA KEYS
AQUEDUcr AUTHORl1Y
BY: j' JM/~#~
t/ tHAIR PERSON
APPROVED AS TO FORM AND
LEGAL sumCIENCY
~.
. COUNtY ORNEY'
SWMP3 9O.doc:
09110/976;50 AM
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Florida House of Representatives - 1998
By Representative Horan
HB 4349
A bill to be entitled
.
An act relating to Monroe County; amending
chapter 76-441, Laws of Florida, as amended,
relating to the Florida Keys Aqueduct
Authority; providing for certain matters
regarding the construction, acquisition, and
maintaining of a wastewater system for the
collection, treatment, and disposal of
wastewater in Monroe County; providing for
certain matters with respect to the purchase of
property by the Florida Keys Aqueduct
Authority; providing for notification to the
public of the ava~lability of the Florida Keys
Aqueduct Authority's annual audit; amending
certain provisions relating to the issuance of
bonds; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 1 of chapter 76-441, Laws of
Florida, as amended by chapter 77-605, Laws of Florida, is
amended to read:
Section 1. Creation of Authority; boundaries
defined.--As of September 15, 1976, the Florida Keys Aqueduct
Authority, an indeoendent special district. was ~ recreated
and thereafter was ~hQll L~ the successor agency to the
Florida Keys Aqueduct Authority which was ~ abolished by
chaoter 76-441. Laws of Florida t~~w ~wL. The Florida Kevs
Aaueduct Authority is not beinq recreated by this act or for
urooses of s. 189.404, Florida Statutes.The primary purpose
and func~ion of this Authority shall be to. obtain. supply, and
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Florida House of Representatives - 1998
575-155,-98
HS 4349
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distribute an adequate water supply for the Florida Keys ~
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to collect, treat, and dispose of wastewater in the Florida
Keys. The geographic jurisdiction of the Authority shall be
as provided in this act. The Florida Keys Aqueduct Authority
shall be an autonomous public body Corporate and politic and
have perpetual existence. All lawful debts, bonds,
obligations, contracts, franchises, promissory notes, audits,
minutes, resolutions, and other undertakings of the Florida
Keys Aqueduct AuthoritY'are hereby validated and shall
continue to be valid and binding on the Florida Keys Aqueduct
Authority in accordance wi~h their respective terms,
conditions, covenants, and tenor. Any proceedings heretofore
begun by the Florida Keys Aqueduct Authority for the
construction of any improvements, works, or facilities: for
the assessment of benefits and damages or for the borrowing of
money shall not be impaired or voided by this act but may be
continued and completed in the name of the Florida Keys
Aqueduct Authority. The Authority shall include within its
territorial boundaries all of the lands within Monroe County,
but may procure water outside its boundaries for sale within
said boundaries, and may serve customers residing within 1
mile of its pipeline, from its well field at Florida City in
Dade County to the territorial boundary of the Authority, and
may provide for the discosal or treatment of wastewater
outside its boundaries for wastewater from within its
boundaries.
Section 2. Subsection (8) of section 3 of chapter
76-441, Laws of Florida, is amended to read:
Section 3. Definitions.--Unless the context shall
indicate otherwise, the following words as used in this act
shall have the following meanings:
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Florida House of Representatives - 1995
575-155-98
HB 4349
(8) "Sewe,r system" means any plant, system, facility,
or property and additions, extensions, and improvements
thereto at any future time cons;ructed or acquired as part
thereof, useful or necessary or having the present capacity
for future use in connection with the collection, treatment,
purification, or disposal of sewage, including without
l~itation, industrial wastes resulting from any processes of
industry, manufacture, trade, or business or from the
development of any natural resources, and, without limiting
the generality of the foregOing, shall include treatment
plants, pumping stations, lift stations, valve, force mains,
intercepting sewers, laterals, pressure lines, mains and all
necessary appurtenances and equipment, all sewer mains,
laterals, and other devices for the reception and collection
of sewage from premises connected therewith, and all real and
personal property and any interest therein, rights, easa~ents,
and franchises of any nature whatsoever relating to any such
system and necessary or convenient for the operation thereof.
The terms "wastewater" or "wastewater svstem" shall be
construed as synonymous with the term "sewer" or "sewer
system" for all purcoses under this act.
Section 3. Section 6 of chapter 76-441, Laws of
Florida, as amended by chapter 80-546, Laws of Florida, is
amended to read:
Section 6. Compensation of the board.--Each member
shall be entitled to receive for such services a fee of $300
per meetinq, not to exceed 3 meetinas oer month. In addition,
each board member shall receive reasonable expenses which
shall not be in excess of the amounts provided by law for
state and county officials in chapter 112, Florida Statutes.
The comoensation amount for the members of the board provided
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clorida House of Representatives - 1998
575-155-98
HB 4349
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for in this section shall be adiusted annually based ucon the
index provided for pursuant to s. 287.017(2), clorida
Statutes.
Section 4. Subsection (1) of section 7 of chapter
76-441, Laws of clorida, is amended to read:
Section 7. Bonds; depositories; fiscal agent;
bUdget.--
(1) Each member of the board of directors shall
execute a bond to the Governor in the amount of $10,000 with a
qualified surety to secure their faithful perfor.mance of their
powers and duties. The board of directors shall require a
certified audit of the books of the Authority at least once a
year at the expense of the Authority. Such audit shall be
available for public inspection and a notice of the
availability of the audit shall be published in a newspaper
published in Monroe County at least once within 6 months after
the end of each fiscal year. The legislative auditor may
audit the Authority at any time.
Section 5. Subsection (3) of section 9 of chapter
76-441, Laws of Florida, as amended by chapters 77-604,
80-546, and 84-483, Laws of clorida, is amended to read:
Section 9. Powers of the Authority.--In addition to
and not in limitation of the powers of the Authority, it shall
have the following powers:
(3) OWNERSHIP AND DISTRIBUTION OF PROPERTY.--To
acquire property, real, personal, or mixed within or without
its territorial l~its in fee simple or any lesser interest or
estate by purchase, gift, devise, or lease on such terms and
conditions as the board of directors may deem necessary or
desirable and by condemnation (subject to l~itations herein
below). The Authoritv shall provide information and assistance
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Florida House of Representatives - 1998
575-155-98
HB 4349
to Monroe County for use in preparina its comprehensive plan
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with respect to the availability of water and wastewater
facilities.Except in cases of emergency, or the purchase of
sole source items, or when the board deter.mines that delay
would be detr~ental to the interests of the Authority, no
equipment shall be purchased in accordance with oart I of
chaoter 287, Florida Statutes ftl~~~ ~~~~LQ~~ ~~~~~ ~^~~~~~
b~~~ .~W~~V~~. All provided that the board of directors
deter.mines that the use or ownership of such property be
necessary in the furtherance of a designated lawful purpose
authorized under the provisions of this act. However, the
authority may purchase equipment or material without
competitive bid, regardless of price, when the manufacturer
m~u~!QwL~~~~~ of such equipment or material refuses to bid on
the equipment or material and the board deter.mines that the
public interest would be served, and substantial savings would
result, if the equipment or material were purchased directly
from the manufacturer. In all such cases the board shall
enter a record of such purchase in the "Record of Governing
Board of Florida Keys Aqueduct Authority." The Authority is
specifically excluded from the provisions of s. 253.03(6),
Florida Statutes, and has the authority to hold title to
property in its own name; to acquire easements or
rights-of-way, with or without restrictions, within or without
the l~its of the Authority. The State of Florida may convey
to the Authority rights-of-way over any of the lands and
structures belonging to the State of Florida or any of its
agencies for the purpose of constructing, maintaining,
supplying, establishing, and regulating the works and projects
involved in the wastewater system or the water supply and
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Florida House of Representatives - 1998
575-155-98
HB 4349
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1 distri~ution systems authorized by this act. To mortgage,
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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) , (0) , 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
0 not in limitation of the powers of the Authority, it shall
1 have the following powers:
(9)
(k) The Authority' shall have power to contract with
any person, any private or public corporation, the State of
Florida, or any aqencv, instrumentality, or county,
municicality or political subdivision thereof, or any aaency,
instrumentality, or corporation of or created by the United
States, with resJ:lect to such wastewater system or any Dart
thereof. The Authority shall also have power to acceJ:lt and
receive qrants or loans from the same, and in connection with
any such contract, qrant, or loan, to stiJ:lulate and aaree to
such covenants, terms, and conditions as the qoverninq body 0
the Authority shall deem aCJ:lrocriate.
(1) To make or cause to be made such surveys,
investiqations, studies, borinqs, macs, drawinqs, and
estimates of cost and revenues as it may deem necessary, and
to precare and adoct a comcrehensive plan or plans for the
location, relocation, construction, imcrovement, revision, and
develocment of the wastewater system.
(m) That sub;ect to covenants or aar~ement with
bondholders contained in proceedinqs authorizinq the issuance
f
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Florida House of Representatives - 1998
575-155-98
HS 4349
of bonds cursuant to this act, the Authoritv shall have the
power to lease said wastewater system or any part or parts
thereof, to any person, fir.m, corcoration, association, or
bOdy, upon such ter.ms and conditions and for such ceriods of
time as shall be deter.mined by the qoverninq bOdy. The
Authorit shall also whenever desirable have rant
or licenses in connection with an
of such wastewater system, and shall have full and comclete
ower to do all thin s necessar and desirable for the rocer
and efficient administration and operation of such wastewater
system and all parts thereof. The Authority shall also have
power, whenever deemed necessary or desirable and sub;ect to
covenants and aqreements with bondhOlders, to lease from any
person, fir.m, corcoration, association, or body, any
facilities of any nature for such wastewater system.
(n) That charqes shall be levied by the Authority
aaainst its own books or aaainst Monroe County with rescect to
providinq any facilities or services rendered by such
wastewater system to the Authority or to Monroe County, or to
any other political subdivision or public bOdy or aaency which
receives wastewater system services, or to any decartment or
works thereof, at the rate or rates applicable to other
customers or users takinq facilities or services under s~ilar
conditions. Revenues derived from such facilities or services
so furnished shall be treated as all other revenues of the
wastewater system.
(0) Neither Monroe County, nor any municicality or
scecial district therein, shall exercise any present or future
power, pursuant to law, to interfere with the Authority's
'urisdiction and 0 eration of the wastewater system in such a
manner as to Lmcair or adversely affect the covenants and
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Florida House of Representatives - 1998
575-155-98
HS 4349
obligations of the Authority under aareement relatina to its
bonds or other debts. .
(p) The Authority shall have exclusive iurisdiction
over the administration, maintenance, development, and
rovision of wastewater s stem services in Monroe Count , with
the excection of the City of Key West, the City of Kev Colony
Beach, the City of Layton, and Islamorada, Village of Islands.
unless such incorcorate~.~reas shall choose to grant the
Authority such jurisdiction, and the Authority's wastewater
1 system authorized hereunder shall be the exclusive provider of
1 wastewater system services and no franchise or grant of power
12 to any other entity or provider shall be lawful unless
13 preacproved 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 scecific type of
18 wastewater treatment facility or measures required to be
19 utilized within the boundaries of the Authority, including,
20 but not l~ited to, reauiring the use of septic tanks in lieu
21 of cess pits, the mandatory hookup to specific wastewater
22 treatment plants, reauiring upgrades be undertaken on site
23 wastewater systems, and any other combination of the foregOing
24 ~n order to manaae effluent discosal 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 ppertaininq thereto, and the trustee under the trust
30 ndenture, if any, except to the extent the rights herein
31 iven may be restricted by resolution passed before the
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Florida House of Representatives - 1998
575-155-98
HB 4349
issuance of the bonds or by the trust indenture, may, either
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at law or in equity, by suit, action, mandamus, or other
proceeding, protect and enforce any and all rights under the
laws of the State of Florida or granted hereunder or under
such resolution or trust indenture, and may. enforce or compel
performance of all duties required by this act or by such
resolution or trust indenture to be perfor.med by the Authority
or any officer thereof, including the fixing, charging, and
collecting of rates and other charges for both water furnished
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by the waterworks system and wastewater treatment furnished by
the wastewater system.
Section 8. Section 28 of chapter 76-441, Laws of
Florida, as amended by chapters 80-546 and 87-454, Laws of
Florida, is amended to read:
Section 28. Authorization and for.m of ~ev..........1:'
bonds. --R... v'W...... b....,...~.! .1.1oQ~ L_ Q..Ll...w",-~~_~ Lz ...liiiiwwl..t.;.,....,.... wr Ll..-.w
bo........1 o! ..1.:.................... "1~.:....1~ ..1:....11 L... .....1...t--L....J bJ' ... .-.jo....:.t.1 v! ...11
......~..L.......!. 1..1:......:: ...v! tl~....... .:..... v!!.:....e. .31.....1~ ... ...~vl...L':'......... .-'J' Le
&.~'-'r't_.l g,L (:1.._ ~-_t.':'.4~ -..J..,~-'-1""_.4L Lw .....d .,,,,.,L aL Ll.~ _~ut:;
me..1..~....':I ...1.. "1~':'...1~ Lh...J' ......... ':~~1.........l..."....1. The board may by
resolution authorize the issuance of rev..........1:' bonds on either a
neaotiated or competitive bid basis, fix the aggregate amount
of ~..v............ bonds to be issued, the purpose or purposes for
which the moneys derived therefrom shall be expended, the rate
or rates of interest, "t~':'...l~ ......1.... .......1 uvL ..A......e..1 Ll~... ......Le.
~...1..l~v...":.......J L.1 ':1..............1 1...", 1..l~1:' denomination of bonds, whether
or not the bonds are to be issued in one or more series, the
date or dates thereof, the date or dates of maturity, which
shall not exceed 40 years from their respective dates of
issuance, the medium of payment, place or places within or
without the state where payment shall be made, registration~
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HB 4349
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privileges, z:....l.....to'L,,;,...u L........~ a"~..l to'...,,;,.. ";'l~':fe~ (whether with or
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without premium), the manner of execution, the for.m of the
bonds, including any interest coupons to be attached thereto,
the manner of execution of bonds and coupons, and any and all
other terms, covenants and conditions thereof, and the
establishmen~ of reserve or other funds. Prior to the issuance
of bonds bv the Authoritv to finance wastewater pro;ects.
a rova! b ma'orit vote of the Board of Count Commissioners
of Monroe Countv of the Authoritv's onqoinq riqht and power to
issue bonds shall be received (the "Countv Approval"). Once
the Count AD roval of the Authorit 's on oin ri ht and ower
to issue bonds has been received, the Authoritv shall
thereafter have such riqht to issue bonds for its projects and
to make anv and all determinations relatin~ to such bond
issues.
law.
Section 9. This act shall take effect upon becoming a
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