Title: Memorandum with remarks regarding a proposed transfer agreement
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Permanent Link: http://ufdc.ufl.edu/UF00050966/00001
 Material Information
Title: Memorandum with remarks regarding a proposed transfer agreement
Alternate Title: Memorandum with remarks regarding a proposed transfer agreement between SFWMD and SWFWMD.
Physical Description: 7p.
Language: English
Publication Date: July 19, 1978
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 2 ( RIDGE BASIN - Box 2, Folder No. 2 ), Item 22
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00050966
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



July 19, 1978 KKCVED

MEMORANDUM JUL 1 1978

TO: J. T. AHERN, Staff Attorney

FROM: E. D. VERGARA, Director, Interagency Coordination Dept.

RE: Your memo of June 13, 1978

In response to your memo of June 13, 1978 regarding a transfer agreement between
SFWMD and SWFWMD, the following are my remarks concerning the agreement proposed
by Bob Grafton.

(See numbers on the proposed agreement)

Item #1 "All available information" should be specified if our Regulatory
people are concerned that we need additional information and South Florida has
it, but was not forwarded with the permits. Barbara Boatwright should be asked
to comment.

Item #2 in my opinion, we should pursue collecting taxes in the manner that I
have set forth in my memo of June 30 to Don Feaster, If South Florida has made
expenditures in the area during the ten months mentioned by Bob Grafton that
are of any significance, then we should give them some consideration, however, I
think it would be appropriate for them to indicate to us the total amount
expended during that ten-month period. Additionally, Norman has indicated that
he doesn't really want to get involved in trying to transfer (as proposed in my
- memo) those taxes that were collected for the three-month period between July
1978 and September 30, 1978. We might want to use this as a negotiating point
with South Florida. Nonetheless, I do still believe that we should transfer all
the taxes that will be collected by South Florida at the end of 1978. In saying
this, I am assuming that South Florida will, indeed, collect taxes at this time
for assessments that were made by that Governing Board based upon valuations
current as of January 1, 1978. Apparently, Buddy feels they may not have the
authority to collect those taxes. This is a point that needs to be resolved
between you and Mr. Blain as soon as possible before we approach South Florida.

Item #3 O.K.

Item #4 as it reads it is clear that our responsibilities will be toward
operation and maintenance of a specific water control facility in Highlands
County; however, since it said that we shall assume all obligations of the
"attached agreement" the wording of that agreement needs to be carefully reviewed
by Bobby Laseter. I would like to point out that the agreement refers to the
term construction in paragraph la and Ib on page 1. We should be concerned
that we're not committing ourselves to a construction project that we are not
aware of. I also refer you to paragraph 3a on page 2.
We should also refer in the agreement that South Florida will transfer all as-
built documents or will obtainsuch that are necessary to allow us to properly
operate and maintain the structure.
As the agreement proposed by Grafton now stands, it is in my opinion, unacceptable.
After it is revised, I would like to review it before it is returned to South
Florida. Please give me a call if you have any questions on the above.

EDV:drm
cc: N. P. Stoker, B. R. Laseter, B. A. Boatwright, L. M. Blain









JOHN R. MALOY, Executive Director
South Florida


Water Management District



POST OFFICE BOX V, WEST PALM BEACH, FLORIDA, 33402

TELEPHONE 305-6864-8800

IN REPLY REFER TO:4-LJ-22
SWFWMD



July 11, 1978


Jay T. Ahern, Staff Attorney
Southwest Florida Water
Management District
5060 U. S. Highway 41, South
Brooksville, Florida 33512 L~.

Dear Jay:

Enclosed herewith is a proposed Agreement between South Florida Water
Management District and Southwest Florida Water Management District with
regard to the change over in territory on the Ridge from one District to
the other.

You will note there is an Agreement with Highlands County for the maintenance
and operation of water control structures in the areaof Lake June-in-Winter.

In regard to the taxation situation, which we discussed, the division of the
1978 taxes would appear fair inasmuch as a sizeable portion of this area came
to the District on January 1, 1977 and this District had total responsibility
for the area for 10 months before any taxes could be collected from the area.

Please review the proposed Agreement and contact me if you have any questions.

With best wishes, I am

Very ly yours,



Robert Grafton
District Counsel
RG/ph
Enc. Q l


"-*^ Robert L. Ciark Jr. Robert W,. Padrick W''. J. Scarborough R. Hardy Mlatheson Sen Shepard
airmann Fort Lauderdale Vice Chalrmlan- Fort Pierce Lake Placid Miami Hraleah

Stanley Hole Maurice L. Plummer Nathaniel Reed J. Nel Gallagher John L. Hundley
Naples Fort Mylvers Hobe Sound St. Cloud Pahokee
Formerly Central and Southern Florida Flood Control District









RG/isp

AGREEMENT


THIS AGREEMENT made and entered into this the day of A.D.,

1978 between SOUTH FLORIDA WATER MANAGEMENT DISTRICT, hereinafter referred to as

"SOUTH FLORIDA" and SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, hereinafter re-

ferred to as "SOUTHWEST FLORIDA".


WITNESSETH:


WHEREAS, "SOUTH FLORIDA" and "SOUTHWEST FLORIDA" are water management dis-

tricts established under the provisions of special acts of the legislature and

of Chapter 373 Florida Statutes, and


WHEREAS, the geographical boundaries of the two districts was described in

Chapter 76-243, Laws of Florida 1976 (Section 373.069 Florida Statutes), and


WHEREAS, the legislature of the State of Florida passed Chapter 78-65, Laws

of Florida 1978, wherein a portion of the area of "SOUTH FLORIDA" was transfer-

red into "SOUTHWEST FLORIDA", and


WHEREAS, the effective date set forth in the legislation for the transfer

of territory was July 1, 1978, and


WHEREAS, the transfer of territory requires agreement between the two dis-

tricts concerning certain matters not encompassed in the legislation.


SNOW THEREFORE BE IT AGREED as follows:


(1) "SOUTH FLORIDA" shall transmit to "SOUTHWEST FLORIDA" available )

\ informationjI has with regard to Permits issued by it within the areas to be

transferred.


(2) "SOUTH FLORIDA" shall transmit to "SOUTHWEST FLORIDA" one-half of the

/ taxes (for the tax year January 1, 1978 to December 31, 1978) collected by it

from the area transferred to "SOUTHWEST FLORIDA".


Should "SOUTH FLORIDA" be required to repay or refund any over payment

of 1978 taxes from the area transferred, "SOUTHWEST FLORIDA" shall reimburse

Sf "SOUTH FLORIDA" for one-half of the amount repaid or refunded.


/(3) "SOUTHWEST FLORIDA" shall assume all obligations of "SOUTH FLORIDA"

| with regard to its agreement with Highlands County concerning operation and
maintenance of that certain water control facility in Highlands County known as


,. / ^^^<- <











Jack Creek Structure; said structure is within the area to be transferred. A

copy of the Agreement between "SOUTH FLORIDA" and Highlands County is attached

hereto as Exhibit "A".

IN WITNESS WHEREOF, the parties hereto have signed this agreement, the

day and year first above written.


SOUTH FLORIDA WATER MANAGEMENT
(Corporate Seal) DISTRICT, by its Governing Board


By
Chairman

ATTEST:



Secretary

Executed in the presence of:




As to "SOUTH FLORIDA"


SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT, by its Governing Board
(Corporate Seal)

By
Chairman

ATTEST:



Secretary


Executed in the presence of:




As to "SOUTHWEST FLORIDA










LJ
*^ RWB /sb
AGREEMENT


THIS AGREEMENT made and entered into this, the 5th day ofSeptember

A. D., 1975, by and between CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DLiKICT,

a public corporation of the State of Florida, hereinafter referred to as the

"DISTRICT", and HIGHLANDS COUNTY, FLORIDA, a political subdivision of the State

of Florida, hereinafter referred to as the "COUNTY".

WITNESSETH:

THAT WHEREAS, the COUNTY has requested that the Lake June-in-Winter Control

Structure, hereinafter referred to as the "STRUCTURE", located in Section 16,

Township 36 South, Range 29 East, be replaced and rebuilt by the DISTRICT; and

WHEREAS, the COUNTY has requested the DISTRICT to operate and maintain

the STRUCTURE upon its completion; and

WHEREAS, the COUNTY has requested the DISTRICT to operate and maintain

the existing 66 inch Culvert under Peachtree Drive at Stearns Creek, herein-

after referred to as the "CULVERT".

NOW, THEREFORE, in consideration of the benefits flowing from each to the

other, the parties hereto agree as follows:

1. The COUNTY shall:

a. acquire all rights of way and easements which are determined by

the DISTRICT to be necessary for the construction, operation and maintenance

of the STRUCTURE;

b. grant a license or permit, as necessary, to the DISTRICT to permit

the use of Peachtree Drive right-of-way extending 600 feet north and south of

the STRUCTURE for the purpose of construction, operation and maintenance of

the STRUCTURE;

c. maintain the canals upstream and downstream from the STRUCTURE

and CULVERT, except for that part of the canal adjacent to the STRUCTURE site,

and within the right-of-way deeded to the DISTRICT; *

d. maintain the integrity and the centerline grade of Peachtree

Drive from State Road 621 northerly approximately two (2) miles to a point

600 feet northerly of the STRUCTURE as a drainage divide between Lake June-

in-Winter and Lake Francis-Jack Creek Area;

e. enlarge Jack Creek as required to enable it to convey all dis-

charge from the STRUCTURE to Josephine Creek.




E1-
Exhibit "A"







*- *- .^ o









2. The COUN"TY shall assume all responsibility and liability for, and

to that end shall indemnify the DISTRICT and its personnel against the

following:

a. any and all claims and demands whatsoever for compensation for

injuries, damages or accidents to any persons, animals, materials and property,

real or personal, due or claimed to be due from, or arising out of, water

flowage or flooding, or either or both, due to the inadequacies of the canal

section or sections or the operation of or maintenance of the canals owned by

the COUNTY in the area encompassing Lake June-in-Winter, Lake Francis, Stearns

Creek and Jack Creek; and

b. any and all claims and demands whatsoever for compensation for

injuries, damages or accidents to any persons, animals, materials and property,

real or personal, due or claimed to be due, either directly or indirectly, to

acts of commission or omission by the COUNTY, its employees, agents, contractors,

or others acting for or on behalf of the COUNTY, if such claims or demands

arise either directly or indirectly out of the performance of this agreement,

by the COUNTY; and

c. the payment of all judgments obtained, by reason of injuries,

damages or accidents, in any suit or suits against the DISTRICT, including

all legal and court costs and expenses and such other expenses resulting

directly from such suit or suits, PROVIDED that such suit (suits) is (are)

the result of, or arise out of claims or demands as set out in subparagraphs

a. and b. above.

3. The DISTRICT shall be responsible for:

a. design and construction of the STRUCTURE;

b. upon completion of the construction of the STRUCTURE, operation

and maintenance of the STRUCTURE and the CULVERT in order to maintain a regula-

tion schedule, established by the DISTRICT, for Lake June-in-Winter;

c. operation of the CULVERT to discharge as much water as possible

through Lake Francis, during such periods that surplus water is available;

d. maintenance of the canal which is immediately upstream and down-

stream of the STRUCTURE and which is located within the right-of-way deeded to



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the DISTRICT.

IN WITNESS WHEREOF the parties hereto have executed this agreement on

the day, month and years first above written.


CENTRAL AND SOUTHERN FLORIDA FLOOD
CONTROL DISTRICT, BY ITS GOVERNING
(Corporate Seal). BOARD

BY /
/ Chairman

Exic in the presence f:
ATTEST;':



s DISTRICTT/ Secretary


Legal ';rm Approved
FCO Office of Counsel






BY





ecuted in the presence of: C
ATTEST:

BY 2
L to COUNTY Clerk, CirtuiE Court

















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