Title: Draft agreement between SWFWMD
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 Material Information
Title: Draft agreement between SWFWMD
Alternate Title: Draft agreement between SWFWMD, SWFWMD(R), Hillsborough River Basin Board, Board of County Commissioners of Hillsborough County, Board of Commissioners of Pasco County, Board of County Commissioners of Pinellas County, City of St. Petersburg, and city of
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 3, Folder 6A ( WEST COAST REGIONAL WATER SUPPLY AREA B3F6 ), Item 60
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00051725
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
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Signed, sealed and delivered BOARD OF COUNTY COMMISSIONERS OF
in the presence of: PINELLAS COUNTY


By
Chairman


Attest:
Clerk of Circuit Court



Signed, sealed and delivered CITY OF ST. PETERSBURG
in the presence of:

By
Mayor


Attest:
City Clerk


Signed, sealed and delivered CITY OF TAMPA
in the presence of:

By
Mayor


Attest:
City Clerk




































9 =











of its City Council, on the day of 1972, it ap-

proved the terms of this agreement and the execution thereof by St. Petersburg.

18. Tampa hereby affirms that, at a duly constituted meeting of its City

Council, on the day of 1972, it approved the terms of

this agreement and the execution thereof by Tampa.


IN WITNESS WHEPEOF, the parties hereto have executed this agreement the

day and year first above written.


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



By_
Chairman


As to District Attest:
Secretary


Signed, sealed and delivered SOUTHWEST FLORIDA WATER MANAGEMENT
in the presence of: DISTRICT (REGULATORY)


By
Chairman


Attest:
As to District Secretary



Signed, sealed and delivered HILLSBOROUGH RIVER BASIN, a subdivision'
in the presence of: of Southwest Florida Water Management
District


By
Chairman Ex Officio


Attest:
As to Basin Secretary


Signed, sealed and delivered BOARD OF COUNTY COMMISSIONERS OF
in the presence of: HILLSBOROUGH COUNTY


By
Chairman

Attest:
Clerk of Circuit Court



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participants in this agreement or other governmental units as the future

might dictate, but only at the option of the owning City or County.

10. The parties further agree that the lands described in Exhibit A

may be used by the District as a wilderness and/or recreational park area

for the general public, provided that it does not interfere with the flood

detention and regional well field functions and facilities in the area.

The District will maintain all water supply facilities in a neat, clean and

sanitary manner and condition, and paint and otherwise keep, as nearly as

practicable, all facilities in a color, condition and manner as shall be

compatible and harmonious with the use of such lands as a wilderness and/or

recreational park area. Such maintenance will be performed by the District

and billed quarterly to the Cities and Counties on a proportionate basis.

11. The construction, operation and maintenance of transmission lines,

additional pumping stations and other necessary facilities outside the well

field to their existing distribution systems shall be the responsibility of

the Counties and Cities. It is the intent of the parties hereto that the

Counties and Cities cooperate in the construction, operation and maintenance

of these aforementioned facilities to the fullest extent possible to prevent

costly duplication.

12. The District hereby affirms that, at a duly constituted meeting

of its Board of Governors, on the day of 1972, it

approved the terms of this agreement and the execution thereof by the District.

13. The Basin hereby affirms that, at a duly constituted meeting of its

Board, on the day of 1972, it approved the terms of

this agreement and the execution thereof by the Basin.

14. Hillsborough hereby affirms that, at a duly constituted meeting of

its Board of County Commissioners, on the day of 1972,

it approved the terms of this agreement and the execution thereof by Hills-

borough.

15. Pasco hereby affirms that, at a duly constituted meeting of its

Board of County Commissioners, on the day of 1972,

it approved the terms of this agreement and the execution thereof by Pasco.

16. Pinellas hereby affirms that, at a duly constituted meeting of its

Board of County Commissioners, on the ____ day of 1972,

it approved the terms of the agreement and the execution thereof by Pinellas.

17. St. Petersburg hereby affirms that, at a duly constituted meeting


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case of Phase I land acquisition.

c) The District shall 4-stribu-te the water to the Cities and

Counties. However, the District shall guarantee to each of the Cities and

Counties a certain percentage of the water withdrawn based on the following

method:

Amount of funds contributed by City or County
Percentage guaranteed = Amount of funds required for land acquisition x 100

but in no case shall the percentage guaranteed exceed %. However, a

certain quantity of use per day is not required and if one City or County

wishes to use the share owned by another on a given day, and the other has

no need foTb-t, then through the use of the metering station debits and

credits between users can be established for future repayment. It is recog-

nized by all of the parties hereto that there is no guarantee as to the exact

quantity in mgd or quality of the water that the Counties and Cities shall

receive, and that the capacity of the Cypress Creek well field may vary from

time to time. Only that quantity deemed hydrologically reasonable, for with-

drawal, including due consideration for adjoining lands, lakes and streams

\ ../ and for the aquifer itself, as determined by SWFWMD(R), will be authorized

for withdrawal. ,

8. The District shall make every effort to obtain funds from the State

of Florida to reimburse the Counties and Cities participating in this agree-

ment for the acquisition costs of the lands described in Exhibit A. As such

funds become available, the District shall reimburse said Counties and Cities

on an equal basis the actual cost of said land acquisition. If, for any rea-

son, the District is unable, within fifteen years of the date of this agree-

ment, to reimburse said Counties and Cities, as set forth in this paragraph,

it shall convey to the individual Counties and Cities the title to a portion

of the lands within the area which have not been reimbursed for by the District.

9. It is the intent and purpose of the parties hereto that, after the

District has reimbursed the Counties and Cities for the land acquisition costs,

as set forth in Paragraph 8 above, the said Counties and Cities shall continue

the permanent use of the wells and its other facilities, on said lands for

their water supplies, provided that they continue to comply with the rules,

regulations and law under which the District operates. All facilities placed
on the lands by the Counties and Cities shall, in any event, remain the pro-

perty of the Counties and Cities in proportion to extent of financial involve-
ment therein and may be exchanged for cash or other assets only to other

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7. Upon the acquisition of said land under Phase I, the parties here-

to shall proceed with Phase II in the following manner:

a) The District shall immediately construct test wells throughout

the area described in Exhibit A, and shall run suitable pumping tests in

said area to determine the capacity of the Cypress Creek well field. The

construction of said test wells and the pumping tests shall be completed by

the District on or before days from the date it has completed the land

| acquisition under Phase I. All of the parties hereto shall cooperate in the
exchange of information and data obtained from the construction of said test

wells and the pumping tests, in order that all the parties may be fully ad-

vised of the results of such test wells and pumping tests. Upon completion of

said pumping tests, the District shall notify the parties hereto, in writing,

the results of said tests. The Counties and Cities agree that they will reim-

burse the District for all costs of construction of said test wells and said

pumping tests except for the cost of the technical supervision by the Dis-

trict's Engineers and Hydrological staff, and that said costs paid by the

Counties and Cities for said test wells and pumping tests will not be reim-

bursed to them by the District as in the case of the land acquisition costs,

as hereinafter provided. Upon the completion of said pumping tests, the Dis-

trict shall give a complete accounting to the Counties and Cities of the cost

of the construction of said test wells and the pumping tests, and certify the

same to be true and correct. Within thirty days of the date of said notifica-

tion, each of the Counties and Cities shall pay to the District its propor-

tionate share of the cost of the construction of said wells and pumping tests.

b) After this testing is completed the District will coordinate

and administer the design and construction of production wells, pumps, elec-

trical service, header and connector pipelines, and pumping, valving, metering

stations, and other necessary facilities for a regional well field, as common

facilities within the property, the cost of the same to be paid proportionately

by the parties using the same. Engineering will be performed by consulting

engineers under the District's usual negotiated procedures. Cost of the same

shall be reasonable. The construction of such facilities shall be accomplished

by the District under its normal construction processes and upon acceptance of

lowest and best bid, each of the parties shall remit within thirty days to the

District its proportionate share. The cost of design and construction of
these common facilities will not be reimbursable by the District as in the

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5. The parties agree that the lands described in Exhibit A should be

immediately acquired and used for the following multipurpose, to wit:

a) Flood Detention Area;

b) Regional fresh water well field;

c) Natural wilderness park;

d) Recreation park

6. The District's land acquisition shall proceed as follows and shall

be referred to as Phase I:

a) The District shall have the lands described in Exhibit A ap-

praised, and then notify the Counties and Cities, in writing, of the estimate

of the full acquisition cost of the land, including land values, appraisers'

fees, attorneys' fees, and landowners' appraisals and attorneys' fees, and

each of said Counties and Cities shall deposit with the District its share of

said funds within thirty days of said notification, said funds to be deposited

in banks authorized under the laws of the State of Florida and to draw the

maximum amount of interest, and said interest shall be credited to the account

of the Counties and Cities.

b) Immediately upon the deposit of said funds by the Counties and

Cities, the District shall proceed to acquire all of said lands described in

Exhibit A. The title to said lands shall be acquired in fee simple, free and

clear of all liens and encumbrances except taxes for the current year, and

shall be placed in the name of the District for the benefit of the respective

Counties and Cities participating in this agreement.

c) All costs of land acquisition shall be in accordance with normal

and usual procedures and costs incurred by the District in its acquisition of

lands, and said costs shall be reasonable. All information as to the cost of

acquisition of lands shall be made available to the Counties and Cities, upon

their request, at the District's office in Brooksville, Florida. At any time

that the District expends monies for land acquisition over the amounts on

deposit, as provided above, it shall notify the Counties and Cities to deposit

with the District the additional funds which, at that time, the District anti-

cipates will be needed to complete the entire land acquisition. Upon comple-

tion of said land acquisition, the District shall give a complete accounting

of the land acquisition costs to each of the parties in writing, and shall

certify the same to be true and correct.


4 -

,;











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. The parties hereto shall, pursuant to this agreement, establish a

regional fresh water well field in the area in Pasco County, Florida, known

as Cypress Creek Flood Detention Area, hereinafter referred to as "Cypress

Creek Well Field", and more particularly described in Exhibit A, attached

hereto and made a part hereof.

2. The lands described in Exhibit A include Cypress Creek and its im-

mediate drainage area between State Highway 52 and State Highway 54. The

said lands are considered by the parties hereto generally/to be a swampy,

flood-prone area, not suitable for residential or commercial purposes. How-

ever, certain of said lands are now being subdivided and sold for residential

areas and lots, contrary to the advice and notification to the owners thereof

by the District.

3. The District is legally obligated under the "Four River Basins,

Florida" project, with the United States of America and the United States

Corps of Engineers, to acquire the lands described in Exhibit A for the Cypress

Creek Flood Detention Area. It has been and is the District's intent and pur-

pose to acquire said lands by gift, purchase or condemnation. The continued

subdivision and sale of said lands for residential or commercial purposes will

cause the price of these lands to be raised unnecessarily above their actual

fair market value, and this situation necessitates the acquisition of these ,

lands by the District at the earliest possible date. Even though it is the

intent, purpose and legal obligation of the District to acquire the lands de-

scribed in Exhibit A for the Cypress Creek Flood Detention/Area, the District

is financially unable to accomplish the same, due to the lack of appropria-

tions by the Florida Legislature for the purpose of purchasing water storage

lands.

4. The parties do not have, at this time, the full and complete hydro-

logical information as to the full potential of the said lands described in

Exhibit A for the production of fresh water for a regional well field. How-

ever, the parties hereto believe that it is hydrologically and economically
feasible to use said lands as a regional fresh water well field for production

of waters for the consumption of the residents and industries of this region.

3 -












within the boundaries of the District and subject to the rules, regulations

and authority of the District, pursuant to Chapters 373 and 378, Florida

Statutes; and

WHEREAS, certain portions of Hillsborough and Pasco, and all of Pinellas,

St. Petersburg and Tampa, because of their dynamic growth of population and

industry, have found that their respective fresh water supply facilities have

become, or in the immediate future will become, overburdened and it is neces-

sary that they all obtain further supply areas to augment their present sup-

plies; and

WHEREAS, this problem of fresh water supply can best be met by a co-

operative venture by the parties hereto in creating a regional approach; and

WHEREAS, the District is a government agency already in existence with

a regional concept with the desire and the authority to develop a regional

water supply area with the parties hereto; and

WHEREAS, the parties hereto recognize the hydrologic importance of the

Cypress Creek area and it appears hydrologically and economically feasible

to use said lands as a regional well field for production of waters for the

consumption of the citizens of this region; and

WHEREAS, through proper planning multiple purposes can be made of said

lands, including, but not limited to, a regional well field, flood detention

area, natural wilderness park, and recreation park; and

WHEREAS, even though the District is in the process of acquiring the

lands within the Cypress Creek Flood Detention Area, it is unable, at this

time, to complete the acquisition of all the necessary lands, and it may be

several years before acquisition can be fully accomplished; and

WHEREAS, it is for the benefit of the citizens and taxpayers of the

State of Florida that a cooperative effort be made by the parties hereto to

immediately acquire by purchase, gift, or condemnation the lands described

in Exhibit A at the earliest possible date; and

WHEREAS, the Counties, Cities, District, and Basin have entered this

Agreement to make the most efficient use of their powers by enabling them

to cooperate on a basis of mutual advantage and thereby to provide services

and facilities in a manner and pursuant to forms of governmental organiza-

tion that will accord best with geographic, economic, population, and other
factors influencing the needs and development of local communities;

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THIS AGREEMENT, made and entered into this day of

1972, by and between SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public

corporation of the State of Florida, and SOUTHWEST FLORIDA WATER MANAGEMENT

DISTRICT (REGULATORY), established pursuant to Chapter 373, Florida Statutes,

hereinafter referred to as "District"; and HILLSBOROUGH RIVER BASIN BOARD, a

subdivision of the Southwest Florida Water Management District, hereinafter

referred to as "Basin"; and BOARD OF COUNTY COMMISSIONERS OF HILLSBOROUGH

COUNTY, hereinafter referred to as "Hillsborough"; and BOARD OF COUNTY COM-

MISSIONERS OF PASCO COUNTY, hereinafter referred to as "Pasco"; BOARD OF

COUNTY COMMISSIONERS OF PINELLAS COUNTY, hereinafter referred to as "Pinellas";

CITY OF ST. PETERSBURG, hereinafter referred to as "St. Petersburg"; and CITY

OF TAMPA, hereinafter referred to as "Tampa"; the said Hillsborough, Pasco,

Pinellas, St. Petersburg and Tampa also being hereinafter referred to collec-

tively as the "Counties" and "Cities",

WI TNESSET H:

WHEREAS. the District is a public corporation created under Chapter

61-691, Laws of Florida, 1961, as amended; and

WHEREAS, the Basin is a subdivision of the said District as provided

under Chapter 61-691, Laws of Florida, 1961, as amended; and

WHEREAS, the .Counties of HilIsborough, Pasco and Pinellas are bodies

politic; and
WHEREAS, St. Petersburg and Tampa are municipal corporations; and

WHEREAS, in the construction of the federally authorized project, "Four

River Basins, Florida", a large amount of water storage lands must be acquired

for the Cypress Creek Flood Detention Area by the Southwest Florida Water Man-

agement District for the detention of floodwaters and the conservation of same;
and

WHEREAS, it is the intent and purpose of the District to acquire through

negotiations, or condemnation if necessary, the lands within the Cypress Creek
Flood Detention Area, said lands being legally described in Exhibit A, which

is attached hereto and made a part hereof, for the construction of said pro-

ject; and

WHEREAS, the lands within the Cypress Creek Flood Detention Area, are





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