Resolution 199-2006
RESOLUTION NO. 199 -2006
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AUTHORIZING PAYMENT OF $5,000,000 TO ASSIST THE
FLORIDA KEYS AQUEDUCT AUTHORITY FOR DESIGN, DEVELOPMENT AND
CONSTRUCTION OF A WASTEWATER SYSTEM TO SERVE THE BIG COPPITT,
ROCKLAND, SHARK AND GEIGER KEY AREAS, KNOWN AS THE BIG COPPITT
REGIONAL W ASTEW A TER SYSTEM.
WHEREAS, the Monroe County Comprehensive Plan requires Momoe County to meet State
mandated wastewater treatment standards by 20 I 0; and
WHEREAS, the prevailing method of wastewater treatment in the Big Coppitt, Rockland, and
Geiger Key areas is the utilization of cess pits and septic systems; and
WHEREAS, the Authority is authorized by Chapter 76-441, Laws of Fiorida, as amended, to
design, construct and operate wastewater treatment systems; and
WHEREAS, by virtue of Chapter 98-519 Laws of Florida, passed by the Florida Legislature on
May 22, 1998 and subsequently signed into law by the Governor of the State, the Authority possesses
authority to act as the wastewater service provider in unincorporated areas of the County; and
WHEREAS, the Authority participated with the County in the development of the Momoe County
Sanitary Wastewater Master Plan (the "Master Plan") for the Florida Keys which was adopted by the
Monroe County Board of County Commissioners on May 18, 2000; and
WHEREAS, the Master Plan identified and acknowledged the benefits to Momoe County, its
residents, visitors and environs from the installation of regionalized central sewer systems and identified
areas and projects which should be given priority attention, referred to as "Hot Spots;" and
WHEREAS, the County and the Authority entered an interlocal agreement on November 18,2003,
pursuant to which the County agreed to reimburse the Authority fur up to $40,000 to be expended by the
Authority for the preparation of performance standards and criteria for the design and engineering of
collection, treatment and disposal facilities to serve the Big Coppitt, Rockland, and Geiger Key areas,
referred to as the Big Coppitt Regional Wastewater System; and
WHEREAS, Monroe County and the Florida Keys Aqueduct Authority (FKAA) entered into an
interlocal agreement (ILA) on September 6, 2005, to work together to construct and place into service such
wastewater treatment plants as are necessary to fulfill the 2010 goals for sewering the Florida Keys; and
WHEREAS, FKAA has contracted for the design and permitting of the wastewater collection and
treatment system to serve the Big Coppitt Wastewater District; and
WHEREAS, the BOCC agreed in the September 6, 2005 interloca1 agreement to provide the
FKAA with up to TWENTY MILLION DOLLARS ($20,000,000.00) to assist in the capital cost of
constructing a regional wastewater system serving the Lower Keys; and
WHEREAS, Monroe County and the Florida Keys Aqueduct Authority (FKAA) entered into a
Master Lease Agreement (MLA) dated as of September 6, 2005, to further define the cooperative
partnership of the parties in sewering the unincorporated areas of the County; and
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WHEREAS, when the ILA and MLA were executed, it was contemplated by both parties that
further interiocal agreements would be entered to govern the specific projects; and
WHEREAS, the Authority has approached the County with a request for an advance for financial
assistance to construct the Big Coppitt Regional Wastewater System; and
WHEREAS, the BOCC fmds it in the best interest of the public to provide $5,000,000 to be
applied by FKAA to the regional wastewater project for the Big Coppitt, Rockland, and Geiger Keys areas
through the Big Coppitt Regional Wastewater System; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
Section I: The Board hereby authorizes the advance payment of $5,000,000 to FKAA to be applied to the
construction of the Big Coppitt Regional Wastewater System in furtherance of the commitment made in the
9-06-05 ILA and 9-06-05 MLA. This payment may be made from any funds available and may be deemed
to constitute the obligation under the 9-06-05 MLA.
Section 2: Further funding committed under the ILA and MLA will be provided to FKAA only after the
execution of a Big Coppitt Regional Wastewater System project ("Big Coppitt Project") ILA as was
contemplated by the parties when entering into the 9-06-05 ILA and 9-06-05 MLA, and upon submission of
documentation meeting the County's accounting requirements for reimbursement. Such documentation shall
establish that FKAA exercises fiscal control and fund accounting procedures that comply with generally
accepted government accounting principles in order to assure that the $5,000,000 advanced under this
resolution has been spent for the design and construction of the Big Coppitt Project, including project-
specific administrative costs and other project-related costs. The Big Coppitt Project ILA shall include a
provision that any funds transferred by the County to the FKAA that are determined by the Clerk or an
auditor employed by the County or State to have been spent on a purpose not contemplated by this
agreement must be paid back to the County with interest calculated pursuant to Sec. 55.03(1), FS, from the
date the auditor determines the funds were expended for an unauthorized purpose.
Mayor McCoy
Mayor Pro Tern Spehar
.. cl:.:pmmissioner Neugent
;.,:;::,:.l~s~22~ssioner Rice
<1>"\;C{~~s,sionerDistrict V
~(!i:;};: .," '
Deputy Clerk
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County. Borida, at&tegniar
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meetmg ofsmd Board held on the 16th day of May, 2006. :u :z :z ,...
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BOARD OF COUNTY COMMISSIONERS
OF MONROE CO , FLORIDA
By:
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