HomeMy WebLinkAboutCity of Casselberry-1996 07
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DrrERLOCAL AGRBEXml':
BETWEEH THE CITY OP CASSBLBERRY AND
THE CITY OP WiNTER SPRINGS
TRIS INTERLOCAL AGRBBMEHT is made and entered
into this ____ day of July, 1996, by and between the CITY
OP CASSELBmtaY,a Florida municipal corporation, whose
address is 95 Triplet Lake Drive, casselberry, Florida
32707 and the CITY OF WntTU SPRINGS, a Florida municipal
corporation whose address is 1126 East state Road 434,
Winter springs, Florida 32708.
WITNESSETH:
WlmRBAS , the ci ty, of Altamonte Springs has
applied to the st. Johns River Water Management District
(hereinafter referred to as. "District") for a permit to
disC?harge water from Lake Orienta into the Gee Creek
Drainage Basin in the City of casselberry and the city of
Winter springs; and
WREREAS, District Rule 40C-4.301 Florida
Administrative Code provides:
" (1) In order to obtain a standard general,
individual, or conceptual approval permit
under this chapter or chapter 40C-40,
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F.A.C., an applicant lllust provide
reasonable assurance that the
construction, alteration, operation,
maintenance, removal or abandonment of a
surface watermanaqement system:
(a) Will not cause adverse water
quantity impacts to receiving
waters and adjacent lands;
(b) will not cause adverse flooding
to qn-si te or off-site
property;
(e) 'Will not cause adverse impacts
to existing surface water
storage and conveyance
capabilities;
(d) will not adversely impact the
value of functions provided to
fish and wildlife and listed
species by wetlands and other
surface waters;
( e) Will not adversely affect the
quality of receiving waters
such that the water quality
standards set forth in chapters
62-3, 62-4, 62-302, 62-520, 62-
522, and 62-550, F.A.C. ,
including any antidegradation
provisions of sections 62-4.242
(1) (a) and (b), 62-4.242(2) and
( 3) ,. and 62-302.300, F.A.C.,
and any special standards for
outstanding Florida Waters and
Outstanding National Resource
Waters set forth in sections
62-4.242(2) and (3) , F.A.C. ,
~ill be violated;
(f) Will not cause adverse
secondary impacts to the water
resources;
(g) Will not adversely impact the
maintenance of surface, or
ground water levels or surface
water flows established in
chapter 40c-a, F.A.C.;
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(h) Will not cause adverse impacts
to a work of the District
established pursuant to section
373.086, F.S.;
( i) will be capal::lle, based on
generally accepted enqineerinq
~and scientific principles, of
being performed and of
functioning as proposed;
(j) Will be conducted by an entity
with the financial, legal and
administrative capability of
ensuring that the activity will
be undertaken in accordance
with the terms and conditions
of the permit, if issued; and
(k) will comply with any applicable
special basin or geographic
area criteria established in
chapter 40C-41, F.A.C."i and
WHEREAS, data provided by Altamonte Springs to
the District demonstrates adverse impacts to Casselberry
and Winter Springs; and
WHEREAs , Altamonte Springs has not provided
reasonable assurances 'to the District, Cassell:lerry or
winter springs that there will be no adverse impacts as
required by 40C-4.30~ F.A.C.j and
WKER.EAS, the city of Casselberry and the City
of winter Springs find it in the best interest of their
respective citizens to share in the cost of opposing the
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Altamonte Springs application to the District for
discharge from Lake Orienta.
50W, TBERBrORE, in consideration of the mutual
covenants, agreements and promises contained herein, and
other good and valuable consideration, the receipt and
sufficiency of which is here~y acknowledged, the parties
agree as follows:
Section 1. The cities agree to oppose the
Altamonte Springs application and work cooperatively in
sharing information with regard to the impacts associated
with, the application.
Section ,2. casselberry and winter spring's
agree to jointly share in the costs incurred to date and
costs to be incurred in opposing the Altamonte Springs
application. Casselberry agrees to pay 85% of the legal
fees and consultant costs and Winter Springs agree to pay
15% of legal fees and consultant costs. Casselberry ana
Winter Springs agree that the law firm of Foley & Lardner
will serve as legal counsel to both cities and that the
conSUlting firm of Ghioto-and Associates will be retained
by Foley & Lardner to assist in this effort.
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section 3. Casselberry 6hall be responsible
for receipt and payment of invoices for legal fees and
consultant costs. Casselberry will submit a requisition
, for payment for 15% of fee and costs to winter sprinqs on'
a monthly basis.
IN WI'l'NESS ,WlIEREOF, the lawful representative
of the parties hereto have executed and aff ixed their
official seals to this Agreement for the purposes herein
expressed on the date ,and year first above written.
ATTEST: CITY OF CASSELDl!:RAY
By:
,Date:
ATTEST: CITY Of WINTER SPRrNGS
By:
Date:
c:\~l~I?JIJ9CIIOlLllDW:d
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