Title: Draft agreement between SWFWMD
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 Material Information
Title: Draft agreement between SWFWMD
Alternate Title: Draft agreement between SWFWMD, SWFWMD(R), and above named entities expanded version
Physical Description: 16p.
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 61
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051726
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 day of

1972, by and between SOUTHWEST FLORIDA WATER MANAGE-

MENT DISTRICT, a public corporation of the State of Florida, and

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY), estab-

lished pursuant to Chapter 373, Florida Statutes, hereinafter re-

ferred 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 COMMISS-

IONERS OF HILLSBOROUGH COUNTY, hereinafter referred to as "Hills-

borough"; and BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY, here-

inafter 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 Hills-

borough, Pasco, Pinellas, St. Petersburg and Tampa also being

hereinafter referred to collectively as the "Counties" and "Cities",

WITNE S S ET 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 Hillsborough, pasco and Pinellas are

bodies politic; and

WHEREAS, St. Petersburg and Tampa are municipal corporations;

and

WHEREAS, in the construction of the federally authorized pro-

ject, "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 Management District for the detent-

ion of floodwaters and the conservation of same; and

WHEREAS, it is the intent and purpose of the District to ac-

quire 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 project; and

WHEREAS, the lands within the Cypress Creek Flood Detention

Area, are 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 respect-

ive fresh water supply facilities have become, or in the immediate

future will become, overburdened and it is necessary that they

all obtain further supply areas to augment their present supplies;

and

WHEREAS, this problem of fresh water supply can best be met

by a cooperative venture by the parties hereto in creating a reg-

ional approach; and

WHEREAS, the District is a government agency already in ex-

istence 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 im-

portance of the Cypress Creek area and it appears hydrologically








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and economically feasible to use said lands as a regional well

field for production of waters for the consumption of the citi-

zens 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 ac-

quiring 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 con-

demnation the lands described in Exhibit A at the earliest poss-

ible 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 ad-

vantage and thereby to provide services and facilities in a

manner and pursuant to forms of governmental organization that

will accord best with geographic, economic, population, and other

factors influencing the needs and development of local communities;

NOW, THEREFORE, in consideration of the mutual covenants and

conditions herein contained, and for other good and valuable con-

siderations, the parties hereto agree as follows:

1. The parties hereto shall, pursuant to this agreement,






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establish a regional well field in the area in Pasco County,

Florida, known as Cypress Creek Flood Detention and Water Manage-

ment Area, 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 immediate drainage area between State Highway 52 and State

Highway 54. The major portion of said lands are considered by the

parties hereto generally to be a swampy, flood-prone area, en-

vironmental endangered lands, not suitable for residential or

commercial purposes. However, 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 des-

cribed in Exhibit A for the Cypress Creek Flood Detention and

Water Management Area, It is and has been the District's intent

and purpose to acquire said lands by gift, purchase or condem-

nation. The continued subdivision and sale of lands for resi-

dential or commercial purposes will cause the price of 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 described in Exhibit A for the Cypress

Creek Flood Detention and Water Management Area, the District

is financially unable to accomplish the same, due to the lack

of appropriations by the Florida Legislature for the purpose

of purchasing water storage lands.





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

plete hydrological 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. However, 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 as

well as other water management purposes.

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

should be immediately acquired and used for the following multi-

purposes, to-wit:

a) Flood Detention Area;

b) Regional well field;

c) Wildlife refuge and ecosystem protection;

d) Outdoor recreation and open space.

6. In order to achieve maximum utilization of the lands, the

parties agree to proceed in phases to bring about the multipurpose

set forth in paragraph 5 above. At this time, it is desirable to

proceed with three phases that can be generally described as follows:

Phase 1 Land Acquisition

Phase 2 Preparation of Master Plan

Phase 3 Construction and Operation of Well Field

7. Phase 1 Land Acquisition

a) Each of the Counties and Cities agrees that its share

of the land acquisition costs, as hereinafter set forth, shall be

in the following percentages:

Hillsborough %
pasco %
Pinellas %
St. Petersburg %
Tampa %






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b) The District shall have the lands described in Exhibit

A appraised, 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 60

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. Each of the Counties and Cities shall

designate the banks in which its share of said funds shall be de-

posited.

c) 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 par-

ticipating in this agreement.

d) 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, upon request, at the District's office in Brooks-

ville, 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 their pro rata

shares of the additional funds with the District within 30 days.

Upon completion of said land acquisition, the District shall give






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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.

8. Phase 2 Preparation of Master Plan

a) During the acquisition of lands, the District shall

retain a firm of Consulting Engineers, Hydrologists, and Planners

to prepare Master Plans for the multipurpose set forth in para-

graph 6 above. These plans shall include the design and super-

vision of a test program to determine the quality and the esti-

mated quantity of water available. The test program shall in-

clude, but not be limited to, constructing test wells, conducting

pumping tests and laying out the facilities in such a manner as to

make it economically and hydrologically feasible for the parties

to finance, construct, maintain and operate upon such lands a

permanent well field. Due consideration shall be given to all

multipurpose in preparing said plan. The firm of Consulting

Engineers, Hydrologists, and Planners chosen by the District shall

be experienced in the field of hydrology and fresh water well

field designing and construction, and shall be employed by the

District for an amount no greater than a reasonable price for the

work to be accomplished.

b) The Counties and Cities agree that they will reim-

burse the District, within 30 days of written notice by the Dis-

trict of the final cost thereof, for the full contract amount in

the same ratio as they were contributed for the acquisition of

land, as hereinbefore set forth in paragraph 7 a).

c) The District shall be responsible for negotiating

and coordinating activities with the consultants and shall keep







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the d-- -ies T rc ~ fly e a- d and informed of the contract

with the consultants and the recommendations, findings, Master

Plans and plans and specifications for construction.

d) The Master Plan may be amended at any time when the

District deems it necessary and proper, and the District shall,

upon making such amendment, notify each of the parties hereto of

any such amendment.

9. Phase 3 Construction and Operation of Well Field

a) Following approval of the Master Plan, any party or

parties may initiate construction or expansion of the wells and

production facilities of said well field by advising the District,

in writing, that it wishes to initiate the construction of the

well field and the number of gallons per day it wishes to have

allocated to it from said well field. In addition, said party or

parties shall include a request that the District have prepared

construction plans and specifications and a detailed cost estimate

of the construction or expansion. Following receipt of said written

notification to initiate construction or expansion, the District

shall immediately notify all other parties hereto. The purpose of

the notification of all parties is to allow additional parties to

join in- the con^tructiol or expansion. Any of the other parties

shall have 30 days from the date it receives said notice from the

District in which to provide written notice to the District of its

intent to join in said construction or expansion; said notice shall

state the number of gallons per day said party wishes to have allo-

cated to it from said well field. The cost of professional

fees for preparing construction plans and specifications and

detailed cost estimates shall be paid by the initiating party

or parties. Invoices for professional services shall be rendered

to the District, and upon approval, the District shall forward

said invoices to the initiating party or parties for payment




__ ___-a-_














accordi.. to their pro ratca share, as hereinafter provided. All

construction and expansion shall be in accordance with the approved

Master Plan. After approval of the construction plans and specifi-

cations by the District, the District shall, within a reasonable

time, advertise the work for public bid. Final acceptance shall

be by District of the lowest and best bid. The District shall then

notify the party or parties, in writing, of the acceptance of said

bid, and the initiating party or parties shall, within 30 days of

the approval of the bid, forward to the District their pro rata

share of the bid so accepted. Upon receipt of all of said funds,

the District shall then enter into a construction contract with

the successful bidder. The initiating party or parties shall, at

their expense, be responsible for the cost of field supervision of

said construction. Field supervision shall be provided by the de-

sign consultants in an amount and manner approved by the District.

Payment for field supervision shall be handled in the manner set

forth above for payment of professional fees. Immediately upon

completion of saiLd construction or expansion, and the final approval

of the construction or expansion by the District, the District shall

advise the participating parties in writing.

b) The cost of construction or expansion shall be pro-

vided by the parties hereto in the following manner:

(Party's % of water following construction
X Accumulated costs of construction)
Cost or refund to party = less
(Previous contributions for construction)

It is recognized that initial stages of construction will cost more

per gallon of water and that subsequent adjustments of capital in-

vestment may result in a refund to those parties doing the early

stages of construction. No interest or other fiscal costs shall






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be considered in this refund. For an example of formula see Ex-

hibit B. At such time as the District's production capacity of

20%, provided for in paragraph 9c) below is constructed, the Dis-

trict or its designee shall share in the construction costs and

refunds as outlined above.

c) In its operation and maintenance of said well field,

the District shall allocate to each of the Counties and Cities

the percentage of water to be withdrawn, based upon the percen-

tages set forth in paragraph 7a) above, less 20% of the production

capacity of said well field, which 20% the District shall reserve

to be used in its discretion in the future. However, if a certain

quantity of use at any given time is not required and if one City

or County needs to use the unused share owned by another, the Dis-

trict is authorized to provide the unused share to the party in

need. Cost of the water will be billed in accordance with para-

graph 9d). Upon completion of the construction of the test wells

and the testing of the same, the District shall make an estimate

of the production capacity of said well field and furnish the same

to each of the parties participating in Phase 3. However, the

parties hereto recognize that there is no guarantee by the District

as to the exact quantity or quality of water that the Counties and

Cities shall receive, and it is further recognized that the capac-

ity of the well field may vary from time to time and that the quan-

ity of water deemed hydrologically reasonable for withdrawal, in-

cluding due consideration for adjoining lands, lakes and streams

and for the aquifer itself, as determined by the District, will be

authorized for withdrawal.

d) Upon final acceptance of any construction or expansion,








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as provided for herein, the District shall immediately take over

the same for operation and maintenance. The parties hereto will

be billed monthly for operating and maintenance costs, based on

a pro rata share of metered production to each of the Counties

and Cities that month.

10. The District shall make every effort to continue to ob-

tain funds for the acquisition of said lands and to eventually re-

imburse the Counties and Cities participating in this agreement

for the acquisition costs of the lands described in Exhibit A,

attached hereto. However, no reimbursements shall be made until

all lands described in Exhibit A are held by the District. As

such funds become available, the District shall reimburse said

Counties and Cities on a pro rata basis the actual cost of said

land acquisition. If, for any reason, the District is unable,

within fifteen years of the date of this agreement, 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 pro

rata undivided interest in the lands within the area which have

not been reimbursed for by the District. All costs, other than

land acquisition costs, to be paid by the parties pursuant to this

agreement, are not refundable to the Counties and Cities by the

District, unless the District receives a special grant from an out-

side private or governmental source. Any expansion of the well

field after the completion of the Master Plan under Phases 1, 2 and

3 shall be done pursuant to the provisions of this agreement, pro-

vided the District gives written notification of its plan of ex-

pansion to each of the parties hereto, and each of the parties here-

to shall notify the District to what extent, if any, it wishes to

participate in any expansion.

11. It is the intent and purpose of the parties hereto

that, after the District has reimbursed the Counties and Cities





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for the land acquisition costs, as set forth in paragraph 10

above, the District shall continue the permanent operation

of the wells and its other facilities on said lands for water

supply, 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, pursuant to this agreement, in any event remain the

common property of the Counties and Cities in proportion to

the extent of financial involvement therein in Phase 3 and

may be exchanged for cash or other assets only to other par-

ticipants in this agreement or other governmental units as

the future might dictate, but only at the option of the own-

ing County or City.

12. The parties further agree that the lands described

in Exhibit A, attached hereto, may be used by the District

for wildlife refuge and ecosystem protection and outdoor recrea-

tion and open space.

13. The construction, operation and maintenance of trans-

mission lines, additional pumping stations and otler neces-

sary facilities outside the well field to the Counties and

Cities existing distribution systems shall be the responsibil-

ity of the Counties and Cities. It is the intent of the

parties hereto that the Counties and Cities cooperate in









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construction, operation and maintenance of these aforementioned

facilities to the fullest extent possible to prevent costly

duplication.

14. 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.

15. 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.

16. Hillsborough hereby affirms that, at a duly consti-

tuted meeting of its Board of County Commissioners, on the

day of 1972, it approved the terms of this agreement

and the execution thereof by Hillsborough.

17. 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 t, .ecutio- thereof -Jy paco.

18. 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 this

agreement and the execution thereof by Pinellas.










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19. St. Petersburg hereby affirms that, at a duly consti-

tuted meeting of its City Council, on the day of

1972, it approved the terms of this agree-

ment and the execution thereof by St. Petersburg.

20. Tampa hereby affirms that, at a duly constituted meet-

ing of its City Council, on the day of

1972, it approved the terms of this agreement and the execution

thereof by Tampa.

IN WITNESS WHEREOF, the parties hereto have executed this

agreement the day and year first above written.




Signed, sealed and delivered SOUTHWEST FLORIDA WATER MANAGE-
in the presence of: MENT DISTRICT



By
Chairman

As to District Attest:
Secretary


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



By
Chairman

As to District Attest:
Secretary


Signed, sealed and delivered HILLSBOROUGH RIVER BASIN, a sub-
in the presence of: division of Southwest Florida
Water Management District



By
Chairman ex Officio

As to Basin Attest:
Secretary















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


By
Chairman

Attest:
Clerk of Circuit Court


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


By
Chairman

Attest:
Clerk of Circuit Court



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












EXHIBIT B

Explanation oL ,oLinula in paragraph 9b)


FORMULA:

Cost or Refund = (Party's % of water following construction x
to Party Accumulated costs of construction) less
(Previous contributions for construction).

Assume that the first stage of construction was completed by
Hillsborough and Pinellas. The first stage will produce 25 million
gallons per day and will cost $5,000,000. From the first stage,
Hillsborough shall received 15 million gallons per day (60%) and
Pinellas shall receive 10 million gallons per day (40%). The
cost for the first stage will be shared 60% by Hillsborough and
40% by Pinellas, or $3,000,000 Hillsborough and $2,000,000 -
Pinellas.

After several years, St. Peteresburg and pasco decide they need
more water St. Petersburg needs 15 million gallons per day and
Pasco needs 10 million gallons per day. Plans and specifications
are prepared and contract is entered in this second stage of
construction. Following the completion of construction, the well
field will produce 50 million gallons per day. The second phase
will cost $4,000,000, thereby bringing the accumulated cost of
construction to $9,000,000. With capacity of 50 million gallons
per day, each of the parties would receive the following percentages:

Hillsborough 30%
Pinellas 20%
St. Petersburg 30%
Pasco 20%

Cost to St. Petersburg: (30% x $9,000,00) 0 = $2,700,000

Cost to Pasco: (20% x $9,000,000) 0 $1,800,000

Note that the actual construction cost was $4,000,000, but the
combined costs above amount of $4,500,000. The additional $500,000
would Lb refunded to Hillboujough and Pinellas.

Refund to Hillsborough: (30% x $9,000,000) $3,000,000 = $300,000

Refund to Pinellas: (20% x $9,000,000) $2,000,000 $200,000




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