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COUNTY-WIDE WATER SUPPLY PLANNING
INTERLOCALAGREEMENT
This INTERLOCAL AGREEMENT is made and entered into this _ day
,2004, pursuant to Section 163.01, Florida Statutes, for
of
the purpose of setting forth the understandings and agreements of the signatories to
the Agreement with regard to the development of a county-wide water supply
planning document.
WHEREAS, nothing in this Interlocal Agreement shall be construed to: (1)
preclude any signatory to this Interlocal Agreement from continuing to operate its
existing water supply facilities; or (2) restrict any signatory in any way from its
ability to develop new water supply facilities in order to meet the demands of its
residents and customers for a dependable, adequate and cost-effective potable
water supply.
WHEREAS, it is the intent of the signatories to this Interlocal Agreement
that the county-wide plan be developed with reliable and current data and analysis
and be based upon, at a minimum, the following considerations: (1) to determine
the total amount of ground water that can be withdrawn in Seminole County from
the Floridan aquifer without causing harm to the water resources (sometimes
referred to as the "sustainable yield"), (2) maximize the reasonable-beneficial use
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of water resources in Seminole County; (3) minimize adverse environmental
impacts; (4) identifY cost-effective water supply options that the local governments
in Seminole County might develop either individually or collectively or with other
local governments outside of Seminole County; and (5) any new sources in
Seminole County should not compete or conflict with any existing local
government user in Seminole County.
Section 1. Recitals and Intent. The above recitals (whereas clauses) set
forth above are true and correct and form a material part of this Interlocal
Agreement upon which the parties have relied.
Section 2. Purpose. The purpose of this Interlocal Agreement is to set forth
the terms and conditions under which the signatories to this Interlocal Agreement
have agreed to work together cooperatively to prepare a Seminole County Water
Supply Planning Document.
Section 3. Elements of Water Supply Planning Document. The Seminole
County Water Supply Planning Document shall contain, at a minimum, the
following elements:
(a) A determination of the anticipated reasonable-beneficial demand
for all water use through at least the year 2025 by land use types and geographical
areas in Seminole County;
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(b) A listing and analysis of the present and future sources of water
and treatment requirements for those sources, including amount, reliability and
cost for each source;
(c) A status report and schedule of all water use permits for water in
excess of 100,000 gallons per day (annual average) in Seminole County;
(d) A description of each water conservation measure currently being
implemented or scheduled for implementation by all local governments in
Seminole County; and
(e) An evaluation of all water supply facilities owned and operated by
local governments in Seminole County, including the following:
(1) recommendations for improved efficiencies including water
conservation and reuse;
(2) the feasibility of interconnecting existing water supply
facilities (raw and treated);
(3) recommendations regarding coordinating of withdrawals
and! or relocating existing facilities to maximize withdrawals and minimize
impacts;
(4) the feasibility of additional reuse projects including, but not
limited to, replacing present ground water use with reuse water and cooperative
projects by local governments;
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(5) recommendations on potential joint permitting of existing
and future sources and monitoring efforts by local governments in Seminole
County.
Section 4. Powers.
(a) The signatories to this Interlocal Agreement shall collectively
have all the powers, privileges, and benefits granted by Section 163.01, Florida
Statutes.
(b) All powers, privileges and duties vested in or imposed upon the
signatories to this Interlocal Agreement by virtue of this Interlocal Agreement shall
be exercised and performed at the direction of a majority of the signatories to this
Agreement.
(c) The transaction of business authorized pursuant to this Interlocal
Agreement shall be authorized by a majority of the signatories to this Interlocal
Agreement with each local government signatory entitled to one (1) vote.
Section 5. Funding and Support. The signatories to this Interlocal
Agreement anticipate receiving funding from the St. Johns River Water
Management District to pay for the cost of preparing the Seminole County Water
Supply Planning Document. The signatories to this Interlocal Agreement will
cooperate as well as provide staffsupport in the form of time, effort and
information needed for the preparation of the Water Supply Planning Document,
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and in addition, shall seek technical and fmancial assistance from other appropriate
Federal, State, regional and local governments. In the event the St. Johns River
Water Management District fails to fund the preparation of the Seminole County
Water Supply Planning Document, this Interlocal Agreement shall become null
and void and be of no force or effect.
Section 6. General provisions.
(a) A certified copy of this Interlocal Agreement shall be filed in the
Public Records (Land Records) of Seminole County.
(b) This Interlocal Agreement shall become effective upon its
approval by a majority of the general purpose local governments located within
Seminole County. Any general purpose local government within Seminole County
shall thereafter be eligible to become a signatory.
(c) This Interlocal Agreement may be terminated by unanimous
agreement of all signatories. Also, any signatory to this Interlocal Agreement may
terminate its participation in this Interlocal Agreement by giving written notice to
all signatories thirty (30) days prior to its termination date; provided, that however,
no signatory may terminate its participation once a contract for the Seminole
County Water Supply Planning Document has been entered.
(d) All notices, demands, requests and other communications
hereunder shall be deemed sufficient and properly given, if in writing and
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delivered in person to the addresses or sent by certified or registered mail, postage
prepaid with return receipt requested, at the addresses listed in Exhibit A;
provided, if such notices, demands, requests or other communications are sent by
mail, they shall be deemed as given on the third day following such mailing which
is not a Saturday, Sunday or a day on which United States mail is not delivered.
(e) Any party may, by like notice, designate any further or different
addresses to which subsequent notices shall be sent. Any notices hereunder signed
on behalf of the notifying party by a duly authorized attorney at law shall be valid
and effective to the same extent as if signed on behalf of such party by a duly
authorized officer or employee.
(f) This Interlocal Agreement constitutes the entire agreement among
the parties pertaining to the subject matter hereof: and there are no warranties,
representations or other agreements between the parties in connection with the
subject matter hereof: except as specifically set forth herein.
(g) This Interlocal Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
Section 7. Counterparts. This Interlocal Agreement shall be executed in
counterparts, each of which shall be deemed an original.
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IN WITNESS WHEREOF, the undersigned have set their hands and seals
as of the day and year fIrst above written.
July 23, 2004
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Approved by:
CITY OF ALTAMONTE SPRINGS
By:
Russell Hauck, Mayor
Attest:
Date:
City Attorney
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Approved by:
CITY OF CASSELBERRY
By:
Bruce Pronovost, Mayor
Attest:
Date:
City Attorney
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Approved by:
CITY OF LAKE MARY
By:
Tom Greene, Mayor
Attest:
Date:
City Attorney
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Approved by:
CITY OF LONGWOOD
By:
Dan Anderson, Mayor
Attest:
Date:
City Attorney
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Approved by:
CITY OF OVIEDO
By:
Gerald J. Seeber, City Manager
Attest:
Date:
City Attorney
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CITY OF SANFORD
By:
Brady Lessard, Mayor
Attest:
Jan Dougherty, City Clerk
Date:
F or the use and reliance As authorized for execution by
of the City of Sanford City Commission. Approved as to
Form and content at their legal sufficiency
,20
regular meeting.
William L. Colbert
City Attorney
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SEMINOLE COUNTY
By:
Daryl G. McLain, Chairman
Attest:
Mary Anne Morse
Clerk to the Board of County
Commissioners of Seminole
County, Florida
Date:
F or the use and reliance As authorized for
execution by of the
City Commission/Council. Approved as to
form and content at their
legal sufficiency, 20 regular meeting.
City Attorney
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Approved by:
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City Attorney
By:
Date:
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EXHIBIT A
If to City of Altamonte Springs:
City Manager
225 Newburyport Avenue
Altamonte Springs, Florida 32701
If to City of Casselberry:
City Manager
95 Lake Triplet Drive
Casselberry, Florida 32707
If to City of Lake Mary:
City Manager
100 North Country Club Road
Lake Mary, Florida 32795
If to City of Longwood:
City Manager
175 West Warren Avenue
Longwood, Florida 32765
If to City of Oviedo:
City Manager
400 Alexandria Boulevard
Oviedo, Florida 32765
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.
If to City of Sanford:
Al Grieshaber, Jr.
City Manager
City of Sanford
P.O. Box 1788
Sanford, Florida 32772
If to Seminole County:
Kevin Grace
County Manager
1101 East First Street
Sanford, Florida 32771
If to City of Winter Springs:
City Manager
1126 East SR 434
Winter Springs, Florida 32708
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