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RESOLUTION SETTING FORTH COUNTY�S COMMITMENT TO NOT MAKE TRANSFERS FROM THE MIAMI-DADE WATER AND SEWER DEPARTMENT

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WHEREAS, Miami-Dade County has entered into a proposed Consent Decree with the Environmental Protection Agency, the State of Florida and the Florida Department of Environmental Protection (collectively, the �Enforcement Agencies�) in order to get the County�s wastewater treatment system into compliance with the Clean Water Act; and
WHEREAS, the proposed Consent Decree is currently pending before the United States District Court for the Southern District of Florida (the �Federal Court�) for approval; and
WHEREAS, the proposed Consent Decree requires the County to notify the Enforcement Agencies if the County intends to transfer or use funds obtained by the County �from the collection of sewer rates for any purpose not related to the management, operation, or maintenance of the Sewer System or to any capital improvement needs of the Sewer System� with the exception of �funds internally used within the Miami-Dade Water and Sewer Department and funds transferred or used to administratively reimburse other departments or agencies within the County for services rendered to the Miami-Dade Water and Sewer Department for purposes related to the management, operation, or maintenance of the Sewer System or to any capital improvement needs of the Sewer System�; and
WHEREAS, the Federal Court has suggested that further assurances from the County that it will not transfer any monies out of the Miami-Dade Water & Sewer Department in a way that would be inconsistent with the above provision of the Consent Decree would enhance the Court�s confidence in the County�s compliance with the Clean Water Act,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Board hereby states that, assuming the Consent Decree is approved by the Federal Court, it shall be the County�s policy that, during the duration of the Consent Decree, neither the Board nor the County Mayor will recommend, make or use funds obtained by the County �from the collection of sewer rates for any purpose not related to the management, operation, or maintenance of the Sewer System or to any capital improvement needs of the Sewer System� with the exception of �funds internally used within the Miami-Dade Water and Sewer Department and funds transferred or used to administratively reimburse other departments or agencies within the County for services rendered to the Miami-Dade Water and Sewer Department for purposes related to the management, operation, or maintenance of the Sewer System or to any capital improvement needs of the Sewer System.� In the event that the Board proposes to change this County policy in any way, the County will provide notice of such proposed change to the Federal Court and Enforcement Agencies before any such change is adopted.