Title: Agreement re THE OKLAWAHA BASIN RECREATION AND WATER CONSERVATION AND CONTROL AUTHORITY
CITATION PAGE IMAGE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00050591/00001
 Material Information
Title: Agreement re THE OKLAWAHA BASIN RECREATION AND WATER CONSERVATION AND CONTROL AUTHORITY
Alternate Title: Agreement re THE OKLAWAHA BASIN RECREATION AND WATER CONSERVATION AND CONTROL AUTHORITY re assumption of responsibility for water control works, including budget for Fiscal Year 1972-1973.
Physical Description: 14p.
Language: English
Publication Date: Dec. 30, 1963
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 1, Folder 3 ( BOUNDARY CHANGES - WATER MANAGEMENT DISTRICTS, vol. II ), Item 48
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00050591
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text








THIS AGREEMENT, Made and entered into this .3c0" day of

December 1963, by and between SOUTHWEST FLORIDA WATER MANAGEMENT

DISTRICT, a public corporation, hereinafter referred to as the

"District," and OKLAWAHA BASIN RECREATION AND WATER CONSERVATION

AND CONTROL AUTHORITY, a public corporation, hereinafter referred

to as the "Oklawaha Authority,"

WHEREAS, the District, a public corporation, was created

under Chapter 61-691, Laws of Florida 1961, for carrying out and

effectuating the provisions of Chapter 378, Florida Statutes; and

IWHEREAS, Section 4 of Chapter 61-691, Laws of Florida 1961,

provides that the said District shall negotiate a contract with

the Oklawaha Authority to assume responsibility for the operation

and maintenance of the Oklawaha Authority's water control works,

provided that the said District shall not assume said responsi-

bility and operation prior to January 1, 1964; and

WHEREAS, the Oklawaha Authority, a public corporation was

created under Chapter 29222, Laws of Florida 1953, for the purpose

of conserving and protecting the water resources of Lake County,

Florida; and

WHEREAS, it is for the best interests of the said District and

the said Oklawaha Authority, and is in conformity with the purposes

for which said District and said Oklawaha Authority were created,

to complete said negotiations at this time upon the terms and con-

ditions as are hereinafter set forth in this agreement;

NOW, THEREFORE, for and in consideration of the mutual premises

hereinafter set forth, and for other good and valuable considera-

tions, it is agreed as follows:

1. That it is the intent of this agreement, and the parties

do hereby agree, that the District shall operate the water control

works hereinafter provided for in conformity with the purposes

for which said District and said Ok:lawaha Authority were created

under their respective acts of the Florida Legislature, and if












the said Oklawaha Authority determines that the District has

breached any of the terms and conditions of this agreement and/or

fails to operate said water control works under the purposes for

which the said District and the said Oklawaha Authority were

created, then the said Oklawaha Authority may take whatever steps

it may deem advisable at law.

2. The following water control works are presently owned

or controlled and operated by the Oklawaha Authority:

(a) Dora Canal connecting Lakes Dora and Eustis; Dead

River connecting Lakes Harris and Eustis; Haines Creek con-

necting Lake Eustis and Lake Griffin, including control,

navigation and auxiliary facilities known as Burrell Lock

described in (1) below; the Oklawaha River south of the Lake

County line lying north of Lake Griffin; the Palatlakaha

River, from its confluence with Lake Harris, extending up-

stream along a poorly defined stream-course to a point in

Section 23, Township 21 South, Range 24 East, thence upstream

in a well defined channel to and including the Villa City

control structure (described in (2) below), thence Southerly

in a well defined channel upstream from the Villa City control

structure to Lake Minneola, including control, navigation

and auxiliary facilities known as Cherry Lake Spillway (des-

cribed in (3) below), thence through interconnecting channels

from Lake Minneola to Lake Minnehaha, and through intercon-

necting channels from Lake Minnehaha to Lake Louisa, and Double

/ Run, a natural overflow channel connecting Lake Apopka with

Little Lake Harris,and the lakes connected therewith; all in

Lake County, Florida.

(1) Structures at the Burrell Lock site include 30'

.x 75' navigation lock with controls and appurtenances, 3

bay radial gate type spillway, earth dame, control house,
storage warehouse and shop, lock operator's residence,

fences, roads, drives and other minor facilities.




--2- -












(2) Structures at Villa City include 2 bay radial

gate type spillway, approach channels, roads, fences,
walks and other minor facilities.

(3) Structures at the Cherry Lake site include a
two bay radial gate type spillway, earth dam, small boat

mechanical lift, approach channels, roads, fences,

wooden bulkheads and other minor facilities,

(b) The legal description of said lands owned by or
controlled by the Oklawaha Authority, and upon which said

works as described by the popular names above are located,

are more fully described by "Exhibit I," attached hereto

and made a part hereof by reference.

3. The Oklawaha Authority, through its officers, attorneys,
and office staff, will deliver to District, as soon as practicable
after the execution of this agreement, all of the information that

it has in its files as to any and all title and interest that it
I
may have as to properties set forth in paragraph 2 hereof and more

fully described in."Exhibit I," attached hereto.

S 4. That, as soon as practicable after the execution of this
agreement, the Oklawaha Authority shall deliver to the District

a copy of the land survey made on each of the properties or flowage
easements listed in the said "Exhibit I," above, said surveys to

be duly certified by a registered surveyor qualified to survey

under the Laws of the State of Florida.

5. That the Oklawaha Authority shall deliver to the District

copies of engineering plans and specifications of each of the
facilities located on properties and easements described in para-

graph 2 above and certified by its consulting engineers to be such,
reflecting major construction items constructed by the Oklawaha
Authority or controlled and operated by the Oklawaha Authority.

, 6. That the District shall assume the cost of, and responsi-
bility for, the operation and maintenance of the water control works




-3-














described in paragraph 2 above, as well as the real property on

which said facilities are located, as described above, on October

1, 1964, except for the Palatlakaha River from Lake Harris to

Lake Louisa,' as described above, and Double Run, a natural over-

flow channel connecting Lake Apopka with Little Lake Harris, as

described above. The Oklawaha Authority proposes to continue

acquisition of flowage easements and properties in fee simple

along the alignment of the said Palatlakaha River and the said

Double Run, and to construct additional. facilities for water con-

trol, conservation and recreation, utilizing funds derived from

sources other than the District, and shall, upon final completion

of.all water control structures and channel improvements in each

of said projects, transfer said projects under this agreement,

for operation and maintenance, to the District within six months

after such completion. That during the construction by the Okla-

waha Authority of the Palatlakaha River and Double Run projects,

the Oklawaha Authority shall obtain approval from the District of

all new construction and of any changes to the flow of water in

any connecting channels, and shall obtain permission from the Dis-
trict to open and close gates and structures throughout the

Palatlakaha River and Double Run projects..

(- 7. When the responsibility for the operation and maintenance
of said water control works is transferred to the District on

October 1, 1964, said works are to be in good working order, and

the Oklawaha Authority is to furnish to the District all rules,

regulations and procedures which are necessary and proper for the

operation and maintenance of said water control works, together

with all equipment, tools, spare parts, instruments and manuals

now owned by the Oklawaha Authority which are not needed by the

Oklawaha Authority to continue development .and maintenance of the

Palatlakaha River and Double Run projects.














8. That, Ster assuming responsibilities as defined in para-

graph 6 above, the District shall continue to be responsible for
the operation and maintenance .of said water control works as long

as the same are necessary to carry out the purposes for which said

District was created, not to exceed fifty years, or until the

District and the Oklawaha Authority mutually agree to terminate

this contract, It is further agreed that, if and when the Dis-

trict determines that said works are not necessary to carry out the

purposes for which said District was created, it shall notify

the Oklawaha Authority, in writing, and the Oklawaha Authority

shall have twelve months from the date of such notification to

prepare itself to take over the operation and maintenance of said

works during the said twelve-month period, and shall return said

works to the Oklawaha Authority in good working order; that, at

the time this agreement terminates, the District shall return to

the Oklawaha Authority, its successors or assigns, any and all

title information, procedures, etc., which are transferred by the

Oklawaha Authority to the District under this agreement, other

than depreciated or expendable personal property.

9. That the District shall not pay the Oklawaha Authority

any moneys for the privilege of leasing and operating sai d works,

nor shall the Oklawaha Authority pay the District for assuming

the responsibility for the operation and maintenance of said works,

as provided for under this contract. None of the provisions of

this agreement shall, nor are they intended in any way, to restrict

the taxing power of the District, as provided for by the laws of

the State of Florida.

__ 10. That, during the pendency of this agreement, the District

shall maintain said works at a standard equal to, or higher than,

the maintenance and operation of said works as now being done by

the Oklawaha Authority.




-5-












11. That the Oklawaha Authority agrees that the District

may assign any of its rights and interest under this agreement

to the United States of America, as long as said assignment is

authorized and proper under the laws of the State of Florida,

provided that the Oklawaha Authority is given thirty days' written

notice prior to the date of the execution of such assignment or

assignments. That the Oklawaha Authority further agrees that it

will convey such titles as are held by the Oklawaha Authority,

if the same becomes necessary, to the United States of America,

..provided, however, that upon the return of the title by the United

States of America, by reconveyance, the same shall be to the

Oklawaha Authority.

12. That the District may modify, change or alter any or

all of said water control works at any time, during' the period that

it has the responsibility for the operation and maintenance of said

works, provided that said District determines, after due and proper

study, that it is sound and proper, from an engineering standpoint,

to make any of said modifications, changes or alterations.

13. That the Oklawaha Authority shall corinue to pay its

present indebtedness to the Trustees of the Internal Improvement Fund

of the State of Florida, it being specifically understood and agreed

by the parties hereto that the District is in no way responsible

for any of the said indebtedness because of this agreement or any

actions that it may take pursuant to the terms of this agreement.

14. That the District does hereby agree to accept the water

levels established by the Oklawaha Authority in certain bodies of

water, and will control the same within said levels as near as pos-

sible, weather permitting. A list of the said bodies of water and the

levels are set forth in "Exhibit 2," attached hereto and made a part

hereof. It is specifically understood and agreed that this agreement to

accept said water levels may be changed after due and proper inves- -

tigation by the District, provided that the District gives the




-6-

--- ----~------~- *- -





ij










Oklawaha Authority at least thirty days' written notice that

it will hold a special hearing for the purpose of determining

whether said water level should be changed.

-- > 15. That, upon the effective date of this agreement, the
District shall assume and agree to pay for the gaging contract

that the Oklawaha Authority has with the U. S. Geological Survey

Office, in Ocala, Florida.

16. That the District shall, when it assumes the cost
of, and the responsibility for, the maintenance and operation

of.the water control works described in paragraph 2 hereof, on

October 1, 1964, cover all of said properties with public lia-

bility insurance, and shall cover all equipment and properties

with insurance which is then in effect upon all houses, struc-

tures, equipment and.other properties transferred by lease or

otherwise; and will hold Oklawaha harmless from suit or damages.

17. That the District, in consideration of the mutual
promises set forth herein, and in carrying out and effectuating

the provisions of Chapter 378, Florida Statutes, agrees to exert

every reasonable effort to obtain commensurate priorities for

early execution of the portion of the Four Rivers Project, in-
volving the increase of discharge capacity of the Lower Okla-

waha River, including the reconstruction of the Moss Bluff Lock

and Dam.

18. That, in addition to the leasing of all real and

personal property, hereinbefore set forth, to the District,
the said Oklawaha Authority does hereby agree to assign, joint-

ly with the Lake Apopka Recreation and Water Conservation and








-7-|













Control Authority, all of its right, title and interest in

that certain contract between itself and the said Lake Apopka

Recreation and Water Conservation and Control Authority, a

copy of which is attached hereto and marked "Exhibit 3."

19. That the terms and conditions of the foregoing agree-

ment have been presented to, and approved by, the Board of

Governors of the Southwest Florida Water Management District,

at a duly andproperly called and held meeting of the said

Board on rcember 11, 1963, by proper resolution.

20. That the terms and conditions of the foregoing agree-

ment have been presented to, and approved by, the Board of

Commissioners of The Oklawaha Basin Recreation and Water Conser-

vation and Control Authority, at a duly and properly called and

held meeting of the said Board on December 30, 1963, by proper

resolution.

21. That the parties hereto agree that this agreement is

contingent upon the execution of a similar agreement between

the Southwest Florida Water Management District and the Lake

Apopka Recreation and Water Conservation and Control Authority,
and that this agreement shall be of no force and effect until

this agreement and the said agreement with the Lake Apopka Rec-

reation and Water Conservation and Control Authority shall be

duly executed and delivered to the Southwest Florida Water

Management District. That, upon the said delivery of the said

agreement with the said Lake Apopka Recreation and Water Con-

servation and Control Authority, duly executed by the proper

officials, no further action is needed on the part of either

party hereto.to have this agreement become immediately effec-

tive.







-8-















IN WITNESS WHAEREOF, the parties hereto have caused this

agreement to be executed in their respective names the day and

year first above written.


Signed, sealed and delivered
in. the presence of: SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT

C .hairman.

Attest A
As-toistrict Secretary


OKLP AS I ONLAWAHA -/BASIN EC RECREATION AND -WATER
CONSER.M.EVATION:/AiD CONTROL AUTHORITY/N -n


Asi to Oklawaha Authority Cha-irman
Attest ? : Ii-^^
Secretsary





9 O "'
































-9-




















Minimum
Recommended
for Elevation
Low Water Desired Regu- for Permanent
Gaging Station of Record lation range High Water Construction

Low High

Lake Dora 60.93 62.0 63.5- 65.4 68.5

Lake Eustis 58.82 62.0 63.5 64.0 67.5

Lake Harris 59.00 62.0 63.5 64.1 67.5

Lake Griffin 56.90 58.0 59.5 60.31 64.0

Lake Minnehaha 94.09 96.00 97.5 98.8 102.5

All elevations are based upon mean sea level datunm.















EHII 2


















"EXHIBIT 2"










OKLAWAiIA RIVER BASINj

Final Budget for Fiscal Year 1972-73

ANTICIPATED BALANCES AND RECEIPTS

BALANCE FROM PRIOR YEARS:
Unappropriated Balances from Prior Years $ 86,000

REVENUES:
Taxes Assessed on Current Roll $ 272,625
Less 5% Discounts & iNoncollections ( 13,630) 258,995
Delinquent Taxes, Penalties & Interest 700
Tax Redemptions 550
Interest on Funds Invested 4,000

TOTAL ANTICIPATED BALANCES & RECEIPTS $ 350,245

APPROPRIATIONS

FOR CONDUCT OF THE AFFAIRS OF THE DISTRICT/BASIN GENERALLY:
A D;Mi I ST RATION:
CONiTRACTUAL SERVICES:
Legal Services $ 1,000
Travel Board Members & "Authorized Persons" 100
Travel Employees 35
Tax Assessors' & Collectors' Commission 15,790
PhotogPhohographotographic Processing 15
Other Contractual Services 15
Total Contractual Services $ 16,955
COMMODITIES:
Photography Supplies 15
Total Commodities 15
CURRENT CHARGES:
Rental of Automobiles & Trucks 135
Refund of Prior Years Taxes 1,200
Total Current Charges 1,335

TOTAL ADMIINISTRATIONi $ 18,305

FINANCE & ACCOUNTINiG DIVISION:
PERSONAL SERVICES:
Salaries & Wages $ 5,240
Total Personal Services $ 5,240
CONTRACTUAL SERVICES:
Travel Employees 15
Total Contractual Services 15
CURRENT CHARGES:
Rental of Automobiles & Trucks 130
Total Current Charges 130

TOTAL FINANCE & ACCOUNTING DIVISION 5,385

TECHNICAL SERVICES DIVISION
PERSOiAL SERVICES:
Salaries & Wages $ 4,700
Total Personal Services $ 4,700
CONTRACTUAL SERVICES:
Telephone & Telegraph 915
Travel Employees 25
Total Contractual Services 940
COMMODITIES:
Photography Supoplies 25
Total Commodities 25
CURRENT CHARGES:
Rental of Automobiles & Trucks 50
Total Current Charges 50
TOTAL TECIIICAL SERVICES DIVISION 5,715








WATER RESOMUICES DIVISION:
PERSONAL SERVICES:'
Salaries & Wages $ 31,650
Total Personal Services $ 31,650
CONTRACTUAL SERVICES:
Legal Services 200
Advertising Publication of Notices 100
Recording & Court Costs 100
Outside Printing & Pnotocopying 50
Travel Employees 200
Photography & Phocograpy ic Processing 300
Maps, Blueprints & Aerial Photographs 300
Cooperative Programs: U.S.G.S. 31,750
Cooperative Programs: T.I.I.T.F. 3,250
Other Contractual Services 40
Total Contractual Services 36,290
CO%.MMOD ITI ES :
Field Supplies 200
Chemical Supplies 20
Photography Supplies 75
Other Conmm1odities 15
Total Commodities 310
CURRENT CHARGES:
Rental of Automobiles & Trucks 3,000
Rental of Other Equipment 800
Other Current Charges 35
Total Current Charges 3,835
CONSTRUCTION:
Salaries & Wages 3,000
Consultants Services 6,000
Rental of Automobiles & Trucks 500
Travel Employees 100
Contracted iMaterials Tests 2,000
Contracted Construction 75,000
Total Constructi on 86,600.
CAPITAL OUTLAY:
Photogrammetry 1 20,000
Other Capital Outlay 50
Total Capital Outlay 20,050

TOTAL WATER RESOURCES DIVISION $ 178,735

TOTAL FOR CONDUCT OF THE AFFAIRS OF THE DISTRICT/BASIN GENERALLY $ 208,140

FOR OPERATION AND MIAINTENiANCE:
FIELD OPERATIONS DIVISION:
PERSONAL SERVICES:
Salaries & Wages $ 20,500
Matching Funds for Employees Social Security 615
Matchiing Funds for Employees State Retirement 470
Employees Group Insurance 290
Medical Examinations 60
Total Personal Services $ 21,935
CONTRACTUAL SERVICES:
Insecticide Services 125
Advertising & Publication of Niotices 25
Maintenance & Repair of Equipment 225
Maintenance & Repair of Works 5,300
Utilities 1,500
Travel Employees 100
Informational & Technical Materials 15
Freight & Express 25
Sign Fabrication 50
Research & Development 1,500
Other Contractual Services 15
Total Contractual Services 8,880
COMMODITIES:
Maintenance Repair Parts 750
Maintenance Supplies 25








cal Year 1972-73 Pago Three

jiPLfRATIONS DIVISION (Continued

Safety Supplies $ 15
Chemical Supplies 1,150
Janitorial Supplies 50
Electrical Supplies 75
Small Specialized Tool Units (NON CAPITAL OUTLAY) 50
Tires & Tubes 50
Fuels & Lubricants 350
Paint & Related Products 250 "*
Hardware & Related Products 275
Lumber & Wood Products 75
Fabricated or Structural Products 75
Fencing & Gates Supplies 50
Seeds, Sod, Shrubs & Fertilizers 1,150
Roofing & Related Products 300
Plumbing & Related Products 150
Concrete & Related Products 100
Other Commodities 50
Total Commodities $ 4,990
CURRENT CHARGES:
Rental of Construction Equipment 3,500
Rental of Automobiles & Trucks 1,950
Rental of Other Equipment 600
Insurance & Bonds 500
Other Current Charges 35
Total Current Charges 6,585
CONSTRUCTION:
Salaries & Wages 400
Rental of Construction Equipment 500
Rental of Automobiles & Trucks 75
Culvert Pipe & Water Control Gates 640
Total Construction 1,615
CAPITAL OUTLAY:
Outside Equipment 5,000
Other Capital Outlay 50
Total Capital Outlay 5,050

TOTAL FIELD OPERATIONS DIVISION $ 49,055

FOR ACQUISITION OF LAND:
REAL ESTATE DIVISION:
PERSONAL SERVICES: ..
Salaries & Wages $ l,O000
Total Personal Services $ 1,000
CONTRACTUAL SERVICES:
Legal Services 3,000
Advertising & Publication of Notices 100
Recording & Court Costs 100
Travel Employees 50
Informational & Technical Materials 15
Photography & Photographic Processing 15
Maps, Blueprints & Aerial Photographs 25
Abstracts, Title Certificates & Title Insurance 100
Total Contractual Services 3,405
COMMODITIES:
Photography Supplies 35
Total Commodities 35
CURRENT CiHARGES:
RPental of Automobiles & Trucks __ 200
Total Currt C~r Charges 200
CAPITAL OUTLAY:
District/Basin Appraisal Costs 1,450
Landowner's Professional Fees 10,500
....- Abstracts, Title Certificates & Title Insurance 600
Land Purchiases & \Awards 47,500
Relocations Assistance 500
Total Capital Outlay 60,550
TOTAL REAL ESTATE DIVISION 65,190






RIVER BASin
[ldget for Fiscal Year 1972-73 Page Four

,,SERVES:
Reserve for Contingencies $ 27,860

[AL RESERVES 27,8C

TOTALL APPROPRIATIONS $ 350,2,




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs