Item J4
BOARD OF COU~TY COMMISSIONERS
AGENDA ITE:\l SUMl\lARY
:\leeti ng Date: F eb. 15, 2006
Bulk Item: \{es t-,'o ~
Division:
Department:
BOCC
DISTRICT FIVE
Staff Contact Person: Donna Hanson
AGE.'\'DA ITE:\l \VORDI:"iG: Approval for a resolution of the Key Largo \Vastewater
Treatment District, requesting forgiveness of an administrative loan from Monroe County.
See resolution attached.
ITE\l BACKGROL"ND: The County made an Administrative Loan to the Kl. \\TD in the
amount of 51 00,000 by an interlocal agreement dated December 18, 2002.
PREVIOUS RELEVANT ROCC ACTION:
CO:\TRACT/AGREEMENT CHANGES:
STAFF RECOM!\lE1'.'DA TIOl'.""S:
TOTAL COST: 5100.000.
BUDGETED '{cs No
COST TO COU:"iTY:
SOURCE OF FUNDS:
REVE~UE PRODllCI:"JG: Yes
No
AMOlJNT PER 1\10l\TH
Year
APPROVED BY: County Atty _ OMB.iPurchasing _ Risk :\1anagement
DIVISIO:"J DIRECTOR APPROVAL:
j...-furYcyI E. N~
MAYOR PRO TEM MURRAY E. NELS01'.'
DOCl:ME:"iT ATI01'.":
Included X
Not Required_
DISPOSITION:
AGE1'.'DA ITEIVI #
Rellseu 2 05
RESOLCTION ;\.'0. 02-01-06
A RESOLUTIOl\ OF THE KEY LARGO \VASTE\VATER
TREA T:\IE~T DISTRICT REQllESTING FORGIVE;\.'ESS
OF AN ADl\UNISTRATIVE LOAN FRO:\-I :\fONROE
COUNT'r.
\VHEREAS. pursuant to an Interlocal Agreement hy and bet\H~en the Key Largo
Wastewater Treatment District CDistrict'") and Monroe County (the "County"), datcd December
18, 2001.. the County made an Administratiw Loan to the District in the amount of $] 00.000:
and
\\'HEREAS, said Interlocal Agreement provides that the District must repay the
Administrative Loan. tOQether with accrued interest, to the Countv \,'ithin three years from the
"-" '.,.r..
date the County tendered the Administrative Loan funds to the District; and
WI lEREAS, pursuant to the tcrms of said Interlocal Agreement the Administrative Loan
and accrued interest, if not forgiven by the County, would be due and payable on or about
January 3. 2006: and
WHEREAS, under date or February 26, 2003, the District the County, and the Florida
Keys Aqueduct Authority entcred into a new Inter/oeal Agreement (3- \Vay Agreement) covering
the transfer of responsibility for development and operation of waste\vater management facilities
\vithin District boundaries from the Florida Keys Aqueduct Authority to the District; and
WHEREAS, the 3- Way Agreement provides, among other things, that the Administrative
Loan is to be reimbursed to the County "unless otherwise agreed between the County and the
District"": and
WHEREAS, the 3- Way Agreement includes numerous provisions for funding of District
costs through a l''vfunicipal Ser\'ices Taxing Unit C:\1STU") at a millage rate not to exceed .35,
which has been implemented by' the County; and
WHEREAS. the County, in its most recent budget, reduced the MSTU millage rate to
.3185, resulting in reduced funding of the District below the level contemplated in the 3- Way
Agreement; and
\VI-IEREAS, the District has promptly and properly expended all of the Administrative
Loan proceeds for District administration, de\'(~lopment, and plalming, as contemplated by the
parties and in compliance \\'ith each and all of the terms of the Interlocal Agreement and
\Vl-IERL\S, the District has accounted to the County for all of the loan funds;
\VHEREAS, unless the County forgives the Administrativc Loan and accrued interest,
the District will ha\T to diwrt funds raised through the ~1STL; from future District dc\'eJopment
administration, and planning to repayment of thc Administrati\'c Loan:
NO\V, THEREFORE, BE IT RESOL VEn BY THE BOARD OF
COi\nlISSIO~ERS OF THE KEY LARGO \VASTE\VATER TREAT:\-IE~T DISTRICT.
THA T THE DISTRICT RESPECTFLLL Y REQLESTS THA T THE AD\Hi\ISTRA TIVE
LOAN A~'H) ACCRl;ED I:\!TEREST BE FORGIVE~ BY THE COU~TY.
THE REST OF THIS PAGE WAS LEFT BLANK T:'\TEl\'TIO:"JALL Y
Page 2 of3
The furegoing RESOU :T!O:\ "<0. 02-1-06 \\as offered by Commissioner Brooks. \\,ho mmed
its appro\"31. The moriclO \\as seconded by Commissic>ner Bauman. and being put to a vote the
rcsu It was as fo llcl\\'s:
Commissioner Gary Bauman
Commissioner Cbude BullOCK
Chairman (Jlenn Patton
Commissioner Andrew T()hin
Commissioner ('harles Bwoks
A '/1-:
X
X
X
NA '(
Absent
X
The Chainnan thercuron declared Resolution 01-01-00 duly passed and adopted the -t TII day of
J unuary :2 U06.
KEY LARc-;O \\:\STEWA TER TREAT:\IL\TT
DISTRICT GO\'ER'\I'iG BOARD
(~ c-
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R\-
Glenn Patwn. Cb.lirm::m
;-\ ttest:
Approwd as to fom1 and con:ent:
I
,
By'
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'-.Ji':A4~J It!--:?., c~...
District Counsel
Ih
'i' ~ - r,' ,j'
. ~(-t ~ f i ; :~
Carol \~;alker. BOdl"d Clerk
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