Title: Draft Agreement.
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Permanent Link: http://ufdc.ufl.edu/UF00050634/00001
 Material Information
Title: Draft Agreement.
Alternate Title: Draft Agreement. 7p. (some numbered pages missing)
Physical Description: 7p.
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 1, Folder 5 ( FIVE PARTY AGREEMENT ), Item 25
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00050634
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
11-1-73 t








AGREEMENT


THIS AGREEMENT, Made and entered into this day of

1973, between SOUTHWEST FLORIDA WATER MANAGEMENT

DISTRICT, a public corporation of the State of Florida, and SOUTH-

WEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY), a public

corporation of the State of Florida, hereinafter collectively

referred to as "DISTRICT," PINELLAS COUNTY, a political subdivision

of the State of Florida, hereinafter referred to as "PINELLAS,"

PASCO COUNTY, a political subdivision of the State of Florida,

hereinafter referred to as "PASCO," HILLSBOROUGH COUNTY, a political

subdivision of the State of Florida, hereinafter referred to as

"HILLSBOROUGH," and CITY OF ST. PETERSBURG, a municipal corporation,

hereinafter referred to as "CITY,"

WITNESSETH:

WHEREAS, SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT is a

public corporation created under Chapter 61-691, Laws of Florida

1961, as amended; and

WHEREAS, SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)

is a water regulatory agency created by SOUTHWEST FLORIDA WATER

MANAGEMENT DISTRICT, in 1968 pursuant to Chapter 373, Florida

Statutes; and

WHEREAS, Pinellas is a body politic; and

WHEREAS, Pasco is a body politic; and

WHEREAS, City is a municipal corporation; and

WHEREAS, the District is acquiring and will acquire certain

property in Pasco County, Florida for use as a flood detention

reservoir known as the Cypress Creek Flood Detention Area, herein-

after referred to as "Cypress Creek," which lands are adjacent to,

and drained by, Cypress Creek which ultimately flows into the

Hillsborough River in HIillsborough County, Florida; and


1.




11-1-73 #4^




WHEREAS, Pinellas and City get their fresh water supplies

from certain well fields, and said supplies furnished by said well

fields are inadequate to meet the needs of the potable water system

of Pinellas and City, and it is necessary that Pinellas and City

augment such supplies; and

WHEREAS, Pasco, because of its rapid growth, needs to prepare

for its future needs of potable water supplies, in order that there

will not be a shortage of water in its rapidly developing areas; and

WHEREAS, Hillsborough, ever mindful of its future needs for

potable water supplies, and currently being a production area for

water which is transported to and consumed in another county,

desires to promote the prompt formulation and implementation of a

regional approach toward water production; and

WHEREAS, SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT has the

duty and responsibility within its jurisdiction to establish rules,

regulations, and orders to obtain the most beneficial use of the

water of the state and to protect the public health, safety and

welfare and the interests of the water users affected; and

WHEREAS, the District has not as yet formulated a plan for

allocation, as provided for in Chapter 373, Florida Statutes, and,

therefore, the District cannot make any allocations of groundwater

to any user at this time; and

WHEREAS, there has been great public interest and lengthy

public hearings, meetings and conferences relating to the use and

availability of water within the area, and

WHEREAS, the Governor and Cabinet, sitting as head of the

Department of Natural Resources of the State of Florida, herein-

after referred to as "DNR," have directed the Division of Interior

Resources of DNR to hold a conference and seek solutions to

anticipated water shortages and to work with the District to develop

the long range solution to water allocation and use in the area; and




2.




11-1-73






WHEREAS, numerous members of the Legislature of the State of

Florida, individually, collectively through legislative delegation

action, and in their respective capacities of leadership within

the Legislature have called for recommendations for solutionsto

WHEREAS, the parties to this AGREEMENT have come together in

a spirit of cooperation in order to chart a future course toward

solving the mutual and individual problems of the parties in such

a way as to obtain adequate supplies of potable water in such

manner as to avoid unnecessary ecological alteration, to prevent

environmental degradation and to protect the rights of property

owners;

NOW THEREFORE, in consideration of the mutual covenants and

conditions herein contained and for other good and valuable

considerations, the parties hereto agree as follows:

1. That the potable water needs of the West Coast area of

Florida can best be met through a regional water supply approach

and that a single authority should be vested with the duty, respon-

sibility and authority for establishment of a regional water

supply to meet the needs of Hillsborough, Pinellas and Pasco

Counties, and perhaps other areas as well.

2. There is divided opinion as to whether this authotity

should be vested in an existing agency or should be vested in a

new agency created specifically for such purposes. It is agreed

that if a decision cannot be reached prior to the next regular

session of the Legislature, then the matter should be left to the

discretion of the Legislature as to which alternative should be

selected, but in any event, it is agreed by all that some decision

is necessary in the forthcoming regular legislative session.

3. That any regional water supply should utilize all practical

means of obtaining potable water, including withdrawals of surface

water, withdrawals of groundwater, recycling of waste water and

desalinization.

3.




11-1-73 #






4. That the regional authority should engage in the production

and treatment of water which should then be available to the respec-

tive counties and cities for local distribution; that the regional

authority should not engage in local distribution.

5. That the withdrawal of water, both ground and surface,

should be subject to reasonable regulation by the District.

6. That ultimately, the entire region should be served

by interconnecting water transmission facilities to be operated

by the regional authority; the authority should be reimbursed for

reasonable costs based upon a differential schedule reflecting

transmission and production costs.

7. That present operations cannot be held at a standstill

until a regional supply system is established, and that interim

steps must be taken in such way as to be compatible with develop-

ment of an overall water supply system.

8. That the easement acquired by Pinellas and City from the

Seaboard Coast Line Railroad, extending from the Eldridge-Wilde

well field to the Cypress Creek area, and the water transmission

pipeline to be constructed thereon, will be available for voluntary

transfer to the regional water supply system, together with any

production facilities, with full compensation to be made therefore,

but such compensation shall not exceed actual expenditures, including

interest.

9. District, Pinellas, Pasco and City, simultaneous with the

execution Of this agreement, are also executing a "CYPRESS CREEK

AGREEMENT: relating to the joint acquisition of the Cypress Creek

Flood Detention Area. The execution of this AGREEMENT is conditioned

upon the simultaneous execution of the CYPRESS CREEK AGREEMENT, a

copy of which is attached hereto as EXHIBIT 1.

10. Pursuant to the terms of the CYPRESS CREEK AGREEMENT, the

parties agree to explore the feasibility of utilizing the Cypress

4.





11-1-73 #



Creek Flood Detention Area as a wellfield, so long as it will also

serve as a flood detention and water storage area. The right to the

use of such wellfield, together with any appurtenant production and

treatment facilities and equipment shall be transferred to the

regional system with full compensation to be made therefore, but h

compensation shall not exceed actual expenditures, including int st.

11. City does hereby agree to supply to Pinellas up to two

million gallons of water per day (2 MGD), commencing November 1, 1973,

until the Cypress Creek well field has been brought into production,

at which time Pinellas agrees to return such quantity to City on a

gallon for gallon basis, plus 10/o additional as a time adjustment.

12. That the District, pursuant to Chapter 373, F.S., its

rules and regulations duly adopted thereunder, and other applicable

law, has the authority and responsibility, within its jurisdiction,

to establish rules, regulations and orders to obtain the most

beneficial use of the water of the state and to protect the public

health, safety and welfare and the interests of the water users

affected.

13. That Pinellas operates a well field, known as the

Eldridge-Wilde Well Field, located in Sections 1, 11 and 12,

Township 27 South, Range 16 East, and Section 6, Township 27 South,

Range 17 East, Hillsborough County, Florida, for the withdrawal

of groundwater.

14. That the lands described in paragraph 15 above, and the

groundwater withdrawal therefrom, are within the boundaries of the

District, and the withdrawal therefrom is subject to the rules,

regulations and authority of the District.

15. That there now exists the necessity for regulating the

withdrawal of water from said well field, in order to obtain the

most beneficial use of the water resources of the state and to protect

the public .health, safety and welfare and the interests of the water

users affected.


5.










affi:ms that, at a duly con.tJ tuted mecLint off it" board r ; Jo

on thli day of 1973, it approve. h, L.:

of this agreement and the execution therecof.

33. Pinellas hereby affirms that, at a duly constituted

meeting of the Board of County Commissioners on thoe d(-v .,

1973, it approved the terms of thi:_

agreement and the execution thereof by Pinellas.

34. Pasco hereby affirms that, at a duly constituted

meeting of the Board of County Commissioners on the day of

1973, it approved the terms of this

agreement and the execution thereof by Pasco.

35. City hereby affirms that, at a duly constituted mooting

of the City Council on the day of 1973,

it approved the terms of this agreement and the execution thereof

by City.

36. Hillsborough hereby affirms that, at a duly constituted

meeting of the Board of County Commissioners on the day of

1973, it approved the terms of this agreement

and the execution thereof by Hillsborough.

37. This agreement constitutes the enLir:e agreement b.,i.'.,,.een

the parties hereto, and any change, supplement, modifications or
correction of, or addenduml to, this agrccmernt must be in w.i g j:i!

and signed by the parties hereto.



IN WITNESS WHEI:REOF, the parties hereto have executed th:.!

agreement the day and year first above written.


Signed, sealed and delivered
in the presence of: SOUTHWEST FLORID)A WATER
MANAGEMENT DISTRICT

By
Chairman

As to Southw\;est Florida \Water Atte ____t
M anag e ment Dis tri ct Sccro Lary.









11.


























PINELLAS COUNTY

By
Chairman, Board of
County Commissioners
As to Pinellas
Attest
Clerk of the Circuit Court


PASCO COUNTY

BY
Chairman, Board of
County Commnissioners
As to Pasco
Attest
Clerk) of the Circuit Court



CITY OF ST. ]PETERSURG




As to City
Attest
CCity Clerk


HILLSBOROUGH COUNTY


By
Chairman, Board of
County Commissioners
As to Hillsborough
Attest
Clerk of the Circuit Court




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