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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 MAV-~b-~~ l~'~~ ~~UM.MUN~U~ ~UUNi. Mii. Urr'~L i.6.J.~'U;;;;,.tt::.::J..c:.",;):;'AO rMou.c. . , L. 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 I'\",,\.,n'1 .....'.,0'" MAY-05-03 13,30 FROM'MUNROE ~UUN!Y ~!!Y Urrl~c IU'J~~~~~J~lb rl""'\~.... 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, SWMP390.dac 09/10/976:50AM 2 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 3 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. d::-:-; , "(,-'..." .~~" ~ Gr' Pv--~.... , · ~\ .f"'t..\- . -. ! 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 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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 1 CODING:Words ~L_~w~cu are deletions; words underlined are additions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Florida House of Representatives - 1998 575-155,-98 HS 4349 . . distribute an adequate water supply for the Florida Keys ~ . 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: 2 CODING:Words ~L_~~~~.. are delet~ons: words underlined are additions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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 3 CODING:Words wL_~~k~u are deletions; words underlined are additions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2E 27 28 29 30 31 clorida House of Representatives - 1998 575-155-98 HB 4349 . . 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 4 CODING:Words ~t_~~kc.~ are deletions; words underlined are additions. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Florida House of Representatives - 1998 575-155-98 HB 4349 to Monroe County for use in preparina its comprehensive plan . 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 5 CODINC:Words ~t_~~~~u are deletions; words underlined are additions. Florida House of Representatives - 1998 575-155-98 HB 4349 ~ . 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 distri~ution 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) , (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 6 CODING:Words ~L_~~kc.l are deletions; words underlined are additions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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 7 CODING:Words 3t_~~~cu are deletions; words underlined are additions. 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 8 CODING:Words ~t.~~k~u are deletions; words underlined are additions. 1 2 3 4 5 6 7 8 9 0 1 a i g 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Florida House of Representatives - 1998 575-155-98 HB 4349 issuance of the bonds or by the trust indenture, may, either . 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 - 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~ 9 CODING:Words ~t...~...h..u are deletions; words underlined are additions. I ~ 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 29 30 31 Florida House of Representatives - 1998 575-155-98 HB 4349 , . privileges, z:....l.....to'L,,;,...u L........~ a"~..l to'...,,;,.. ";'l~':fe~ (whether with or . 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 10 CODING:Words ~t...~~~..u are deletions; words underlined are additions.