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HomeMy WebLinkAboutCity of Casselberry-1996 07 . 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, 1 nnn ,"""n rm . }l":n,lmfV1 ~ ATIn,-1 CH T 9t'9 LOt'Q. 90:9T 96/TO/4o 1 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.; 2 900/COO ~ )i::rIl.T~ ~ \,:rrn.1 C''' I T of-a I n".n, nn'nT na/Tnlln , ., (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 3 QOO/!>OO f01 }f':l~TtnfV'T '9 :C':l~n-l' "y, IT 0"0 I o ",n_ IO:OT OR/TOlin , . < - 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. . 4 no^" i^^^ ~ ,,,.....~.._,,,...--- - .,.~^" "'.. J'T "L" , ^L..... ',....nT nO/Tn/ln .- - .. " , 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 5 , , , _.._~ 'J':n T tnlV'i 1O :t ':T"T fl,..f CtrL I 9t9 LOt.Q. LO:91 96/10/LO , , '~'-' .... "'. "'-'" .,............... .