Title: Letter enclosing Agreement for creation of a regional water supply authority
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 Material Information
Title: Letter enclosing Agreement for creation of a regional water supply authority
Alternate Title: Letter enclosing Agreement dated Sept. 13, 1974 for creation of a regional water supply authority.
Physical Description: 14p.
Language: English
Publication Date: Oct. 11, 1974
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 3, Folder 6B ( WEST COAST REGIONAL WATER SUPPLY AREA B3F6 ), Item 102
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051767
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







nee-: .:Lg of che Soard of County Co "lissionei-s oP the day
of 1974, it approved t-he terms of chis


A1 ree ent and the execution there eof y PITELLAS.

9. ST. PETERSBURG hereby affirm that, at a duly- costi-

tuted meeting of the City Council on che day of .

1974-, it app-roved Lthe terms of this Agreement and the execution

thereof by ST. PETERSBURG.

10. TAMPA hereby affirms that, at a duly constituted

meeting of the City Council_ on the day of

1974, it approved the ter.s of this Agreement and the execu-

tion thereof by TA!-PA.

IN TITNESS WHERE-OF the part es hereto have executed this

Agreement the day and year first above written.


Sined sealed and delivered
in lre presence of: HILTLSBOROUG COUNTYTT


By
Chairman, Board of
County Comm-is sioners

As to Hiillsborough Attest __
Clerk of the Circuit Court








Cnairman, Board or
County Conmissioners

As to Pasco
Clr ot the tici or














.,IELLAS COUTY


By
ChaLrman., .oa -_rd of
County Cc-Lmssioners

As to Pinellas
Byr
Clerk of the Circuit Co art




CITY OF ST. PETERS-URG


By
________________ By______________ .-
Miayor


As to St. Petersburg Attest
City Clerk




CITY OF- TAPA


By
S-a--yor


As to Tamopa Attest
City Clerk r







~L~S E~~-itl *
-LI








-1 nJ C -










EXEI3IT A -A



AREA OF THE .ST COAST REGIONAL WATER
L" c uPLY AUT HORITY--)_ .



Th area of the authority shall consist of all or

l -llsborough County, Pasco County and Pinellas County, and is

-ore- particularly described as follows:


Beginning at the southeast corner
of Section 36, Township 32 South, Range
22 East, for a Point of Beginning (P.O.B.).
Said P.O.B. is the intersection of the
range line between Range 22 East and Range
23 East and the township line between
Township 32 South and Township 33 South
and also is the southeast corner of
Hillsborough County, Florida.

1. From the PO.B. run westerlyr.
on the township line between
Township 32 South and Township
33 South to the south bank of
Tampa Bay;

2. Thence in a direct line to a
point midway between Eq ont
and Passage Keys in the Gulf
of Mexico;

3. Thence westerly to the western
boundary of the jurisdictional
waters of the State of Florida;

"4. Thence northerly on the western
boundary of the jurisdictional
waters of the State of Florida
to the point where the township
line dividing Township 23 South-
and To -nship 24 South intersects
with said western boundary;

5. Thenc- easterly along the township
line dividing Tow;nship 23 South
and Township;.. 24 Southr to the range
line dividing Range 20: East and
Range 21 East;

6. Thence northerly along the range
line dividing Range 20 Eas2; and
Range 21 E:st to the Northwest
corner of Section 19, Tow-,nship
23 South, Range 21 East;

7- Thence easterly alo.,r the section
line dividing Sechi-on 19 and Section
18 of Tov.ship 23 South. Range 21
East to th- r.ang:, line"- d ,ividing"
Range 22 East and R--ange 23 East.;











8. Thence souther.ly_ along the range.
line dividing Range 22 Ease and
Range 23 East to the township
line dividing Township 25 South
and Town'shio 26 South;

9. Thence westerly along the township
line dividing Tow nship 25 South
and Township 26 South to the Northwest
corner of Section 3, Township 26
South, Range 22 East;
10. Thence southerly along the western
section line OE Section 3, Township
26 South, Range 22 East, to the
'township line dividing g Township
26 South and Township 27 South;

11. Thence easterly along the township
line dividing Tow ship 26 South
and Township 27 South to the range
line dividing Range 22 East an,
Range 23 East;

12.. Th-ience southerly along the range
line dividing Range 22 East and
Range 23 East to the P.O.B.
















WEST COAST R3GION.L ^ATER SUPPLY AUTHORITY



FISCAL YEAR 1974-75




i



Secretary 10,000

Tech ni cian 15,000
Fringes (22%) 11,000


Legal Feas 30,.000

Office Furnishings 5,000

Office Rent (1000 sq. ft-.) 7,000

Telephones 1,200

Office Supplies 2,500

Office Equipment 1,500

Copy Machine 1,200

Travel Expenses 1,500
Auto Transportation (Rental) 2,100


C.. Oil, etc 800



Engineering Study 50,000
financial Advisers 5,000

T cynical Liaison for Refcrendu- 20,000

r-serve (20^) 38, 160

TOTAL $ 228,960










1 /77-iar
DOYLE E.CAi,-TON
1e85-1972
JOHN G. Et-3<:4r
E. ..o C.ADAINS EMilvY .^r^ri LAWYER CARLTON, FIELDS, WARo, EMMANUEL, SMITH & CUTLER, P.A.
"-DC'MAS r D.AItKrN KA.:2xCA^LL..3 LIViNGSTON ATTORNEYS AT LAW
; ANANNi WILLAM F. MCGOWAN,JR.
J. I N. ADULT R.W.ME 0,J M.
A AQHO HE EAP-4Y S -jEN J. MTCMHELL
- ,,.. M.3 OOLWOR r;- RA- NoJ. MORELL
JO-iN W.BOULT JOE HORN MOUNr
- .=-rI'. HOWN OA'V'ID C.MPL. THE EXCHANGE NATIONAL BANK BUILDING
ALERT D.CAPOU'ANO RPoazRT J. PLEUS,JR. P. O. BOX 3239
T-.CXMAS A.CLARK WiLLtAM MN,. REGISTER,JR.
FPRESTON O.COCKEY.JR. OwEN RICE,JR. TAMPA FLORIDA 33601
S- r L.CU.j IN JuoDTH F. RiNwKY TEL.(813) 22.Z3-5366t
IED.,.; o i..Cu-TL -P PAUL A.SAAD
S -E-HEN T. DEAN JrFFREY T. SAUER 2 NORTH PALAFOX ST. CNA BUILDING
FraTCK HAL. DEKLE RO D.SCHWENKE P. 0.BOX 12426 P. 0. BOX C 171
5-. .WD SH PENSACOLA, FLOOR I COA 32582 ORLANDO. FLORIOA 32802
C.RLES H. EGERTON WM. REECE SMITH, JR. TEL.(904) 434-5441 TEL.(305) 849-0300
M CHEL G.EMMAN U E L MERRL B.STrAINTON
D.' AALLACE FIELDS JACOB D.VARN
"LE IAR O -GiLBERT SYLViA H.WALSOLT
MARVIN GREEN DAVID ELMER WARD PLEASE REPLY TO Tamlpa
Eu'niCH Z.GRIFFrN LAWRENCE M.W-ATSON,JR.
"R:JrH B.HIMES PETER J. WINrGERS
T-iOMAS F. CARO,JR. ROBERT L.YOUNG
W',LLAM D.KEETTEL PETER W.ZINOER
Jo^ PETERK iRz,JR. October 11, 1974




Mr. Charles M. Sanders, Director
Division of Interior Resources
Department of Natural Resources
Crown Building
202 Blount Street
Tallahassee, Florida 32304 t r

Dear Charlie:

Just wanted to drop you a short note to bring you up to date
with our efforts to create the West Coast Regional Water Supply
Authority. At this time, Hillsborough County, Pasco County, Pinellas
County and the City of St. Petersburg have approved the agreement.
The City of Tampa discussed the agreement at its work session on
Thursday, October 10, 1974, and the City is expected to approve
the agreement on Tuesday, October 15, 1974.

We have drafted a memorandum responding to your letter of
September 23, 1974, and expect to have the memorandum to you.during
the w;eek of October 14, 1974. We are making plans to present the
agreement to the Governor and Cabinet at the October 29th meeting.
It is my understanding that many public officials, including Repre-
sentative Guy Spicola, Senator Louis de la Parte and Senator Henry
Saylor, are making plans to attend the October 29th meeting along
with representatives from each of the local governments.

I'm enclosing a copy of the agreement that has been approved
by four of the parties.

Ve:/ truly yours,




JDV:cs Jacob D. Varn
Enc.s / ,
E ric. ,// i:*"* '.* i "


^* "






9/3/74
U r Ie- 0v / L/ / 7'-









"TIS AGREEMENT, ade and enered into this day of

1974, between }IILLSBOROUGH COm TY, a politi-

cal subdivision of the State of Florida, hereinaf-er referred

to as HILLSBOROUCH; PASCO COUNTY, a political subdivision of
the State of Florida, hereinafter referred to as PASCO; PINELLAS
?--. T LT-----


-4-
J- -L Lf Cs L -S c 0 P I 'N




COUNTY, a political subdivLsion of the State of Florida, herein-

after referred to as PIELLA S; CITY OF ST. PETESBURIG, a munici-

pal corporation, hereinafter referred to as ST. PETEP.SBUR.3G;

and CITY OF TaL02A, a muniicipal corporation, hereinafter re-

ferred to as TAMPA.

WITNESS S E T H:



"WHEREAS, the parties hereto, pursuant to the provisions

of ISection 7 of Chapter 74-114, Laws of Florida, 1974, and to

the provisions of Section 163.01, Florida Statutes, wish to

set forth certain agreements among themselves respecting the

creation of a regional water supply authority; and
WHEREAS, it is recogni ed by the parties hereto that the

water needs of their citizens can best be met by vesting water

supply functions in such an authority whose prime function

shall be to supply water; and

HEREAS, it is the intent of the parties hereto that the

cost of the water and services to be provided Zby the authority

shall be financed insofar as possible through revenues derived

from the sale of water; and

.EREAS, it is further r the intent of the parties hereto

that, du-ring the course of impleme nca ion and performance of
the -;1:7ions, d,-ces and res.orsib c s of _- a ..- r .,

th- ^irh: of the pLpCty owners and inhabitant s of the ,area

of ,-Lin to the watur reasonably required to supply adequately
t ,, .. +_ ... 1 Z '
c,:_.t ,-~c, ".- sI.i- ,.-.+,[- St, :_ : rT S 2 r:".-<; & C ''O -=, < & ,:L











.,:EREAS, it is the intent of the parties hereto that

nochiE g herein_ shall be co nstrued to precude the various

municipalities and counties from continuing to operate water

production and transmission. facilities for the purpose of

meet in their respective needs for dependable and ade-

qua~t supplies of water; and

-LiREAS, it is the finding of the parties hereto'that
cooperative efforts are mandatory in order to meet the water

needs of the rapidly urbanizing areas in a manner which will;

provide adequate and dependable supplies of water where needed

without resulting in adverse effects upon the areas from which

the water is withdrawn. Sch' efforts should utilize all

practical means of obtainin-g water, including but not limited

to withdrawals of surface water and ground water, recycling

of waste water anddend will necessitate not

only cooperation but also well coordinated activities; and

l*WHEREAS, it is the intent of the parties that the authority

i shall design, construct, operate and maintain facilities in the

locations and at the times necessary to insure that an ade-

quate' water supply will be available to all citizens within

the authority.

rNOW THE'REFORE, the parties hereto agree as follows:

1. The parties hereto do hereby create (and incorpo-

rate) a regional water supply authority pursuant to the pro-

visions of Chapter 74-114, Laws of Flor-ida, 1974, to be known.

as th-e WE-ST CuOAST REGION L WATER SUPPLY AUTHORITY, hereinafter

referred to as AU-THORITY, to be comprised of the area described

and sho-.,n, in Ex.hibit A, for the purpose of developing regional

water supplies and supplying water at wholesale to counties and

muncip alities, which shall constitute a special d districtt under

tE"- ias of ehe Smate of-Florida, and as such, a sepa-rate and

.FP ~ ,-' . .... ,- o -e"---.2- .- -



















don "s auTao Siad dsvis a or re sea and to hoi a-jt





sell or otherwise dispose of, any and all real and personal

property necessary or convenient to the full exercise of its
powers; also to acquire, construct or operate, control andu

any and all works, facilities and means necessary or convene

to the full exercise of its powers, and to do and perform any

and all things necessary or convenient to the full exercise

the powers herein granted;

d. To maintain an office at such place or places

within the territorial boundaries of the AUTHORITY as it may

designate;
e. To employ and to compensate such personnel, c

sultants, and technical and professional assistants as it sal
*
deem necessary to exercise the powers and perform the duties

set forth in this agreement;

f. To accept and receive, utilize or expend, in
7t-nite fedral e overnr enaIt or isd agci, fro fearLLts




e. To eino'est any ourplu2 -rs oney minute p---TKonne





n~ce~s ~nie o-, th sitit a," it: ow odo nteS'r
Ues or- bods, t e eUnite -C_1 P.d oae-ss or of a hi state sand .












s'cL LL e dment ID bW ad byrec p o

of such bonds or treasury notes, or part thereof, at the
o It'. ....1- c D L L

original sale of the same, or by the subsequent purchase of

such bonds or treasury notes. Any bonds or treasury notes

thus purchased and held may from time to time, be sold and the

proceeds reinvested in bonds or treasury notes, as above pro-

vided. Sales of any bonds or treasury notes thus purchased

and held shall, from time to time, be made in season so that

the proceeds may be applied to the purposes for which the

money, with which the bonds or treasury notes were originally

purchased, were placed in the treasury of the AUTHORITY. The

functions and duties authorized by this paragraph shall be

performed by joint action of the Comptroller and Treasurer,

with the approval of the attorney, under such rules and regu-

lations as shall be prescribed by the board of directors of

the AU THORITY. 1T Y

h. To adopt rules of procedure for the regulation

of its affairs and he conduct of its business.

i. To receive and use such technical assistance

as shall be from time to time made available for its use by

any county or municipality in the AUTHORITY.

j. To have and exercise such powers as are reason-

ably implied herefrom and necessary and proper to carry out
the objectives and purposes of the AUTHORITY

k. Without in any way limiting the foregoing, to

exercise and perform all powers and duties set forth in Section

7 of Chapter 74-114, Laws of Florida, 1974, as fully as though

set forth herein.

3. All powers, privileges_ and dtices vested in or im-

pos: upon the AUTHOTY shall be exercised and performed by

and i trough a board of directors; provided, however, thaZti the

ex:er-cis- e O: any and all executive, adinis travel and min-.is-








































ell the members shall be necessary and, except as otherwise

herein provided, shall be sufficient to carry any question,
order or resolution coming before the board of directors.
1 1 -r-
Theae arl 0 0 0 c board of directors sof one represtac






























conveof weahn thirty (30) days o the dae oet the full exert
caution of thes age nt by all of the oar es hereto e anda

ib"e.ar'y upore corv nengc such bosdbl of eiredoss shiln ept















=ro "t ... 'p c.ir..an an;, a vic ch ir-ran, a o h
^7


















ialg seri for t a term of one yare or until their re spective















-1he b elected and ual"ic"urin
buce- ssor.1-s CL .O=d S ,= I
i L_-i ut e- e e._ :-.. nr Ore r p es n a i cn-s,'% b c s s._d _

nated d appointed by the goveronin nu a The board of dir-


















ors shai] ava po<,-
parties toa. To fix the time ad place or places at which

his re r respect metivegs shl be held, an s a pEro e f thethe

bcarln, of dircosing of spcl ettive sall be entil

ono. To mo all ques ation s orders, and re-slations, rcsoumi t b s
(Ir th bad.Te affzirative votes or- m.e:m belrs repacese-ntJn

more than31 fifty (50) pecn of the total numb.'er o' vote s oc

all t#-h-e-mmbr shal=l be.- neesar nd, ecept, as o theris

her An po-vidend, shall be suff icient to carry any question.,

orde -o--cr re Solton, coming zefore the bo ard io directors,

Memersofthefist oad c-' directors so constituted shall












"Ch-" 74-114, Laws of Florida, _/4, or his agreement



the U"O-"RITY, for the execution of the powers vested in the

AUT L7.TY and for carrying into effect the provisions of this
T C7



agreement and for rovidi ng terms and conditions under wh ch

additional parties may join the AUTORITY pursuant to Section

7(6) of Chapter 74-114, Laws of Florida, 1974.
c.. To fix the location of the principal place of

business of the AUTnOFITY and the location of all offices and
departments maintaind hereunder.



d. To prescribe by resolution a system of business

administration and to create any and all necessary offices

which shall include the offices of Comptroller, Secretary and
Treasurer and to establish and re-establish the powers and duties

and compensation of all officers and employees and to require

and fix the amount of all official bonds necessary for the pro-

tecion of the funds and property of the AUTHORITY.

e. To delegate and re-delegate by resolution to
officers of the AUTHORITY power to employ clerical, legaL- and

engineering assistants and labor, under such conditions and

restrictions as shall be fixe, d by the dir-ectors.

f. To prescribe a method of auditing and allowing

or rejection clai ms and demands also to prescribe methods for

the construction of works and for the letting or contracts or

furn thingss of labor, materials or supplies, required for the

carrying out of any of the purposes of this act; provided that











vrtising for or inviting bids, when any repairs alteCraTions

or ocTher -Twork, or the purchase of materials, supplies, equip-

men..t or other property, shal be deemed by the board of .direc-
tor-s to be of urgent necessity, and shall be authorized b a
.. ...... ,_ be kth- izef- b.

t;7o-thirds vote thereof.

g. To fix the rate or rates at which water shall

be sold in accordance with Section 7(2)(b) of Chapter'74-114,

Laws of Florida, 1974. Such rates shall be uniform for like

classes of service throughout the AUTHORITY.

4. Budget.

a. The fiscal year of the AUTHORITY shall extend
from October 1 of each year through September 30 of the follow-

ing year. Except as hereinafter provided in paragraph 5 b.,

the board of directors shall during the month of July of each
year complete the preparation of a tentative budget for the

AUTHORITY covering its proposed operation and requirements for

the ensuing fiscal year.

b. During the month of July and following the

preparation of a tentative, budget the board of directors shall

publish a notice of its intention to adopt the budget. Ad-

ditionally, the board of directors shall provide copies of the

tentative budget to the parties and said tentative budget shall

be accompanied by the estimated annual contribution of each

of the counties, as provided in paragraph 5 below. The notice

shall set forch the tentative budget in full, and shall be

notice to all o^,-ners of property subject to the AUTHORITY,.

taxes thac on a date and at a place appearing in the notice,

opportunity ,'_ill be afforded to such owners, their attorneys

or agents, to appear before the board and show their objec-

tions to the budget. The notice shall be published once a week

foi ^,.a consecut- a .-:3: eks, in any newsppar qualified to ac-

cep.. .Igal advertisements, in each county in the AUTHORITY,

the last insereion of .0 which shall appear not less than one





-7-











"c. .The hearing ill be by and before the hoard of

directors. The board of directors shall give consideation to
..
object es filed against the budget and in i "s discretion may

a.-end, modify or change the tentative budget. The board shall

by A.-gusc 15 following adopt a final: b-udget for the AUTHORITY

which shall thereupon be the operating and fiscal guide for

the AUTHORITY for the ensuing year.

5. Funding.

a. For a period not to exceed five (5) fiscal years

from. the date of this Agreement each county which is a party

hereto agrees to contribute annually to the AUTHORITY; pro-

vided that the annual contribution of any county shall not ex-

ceed Tw.o Hundred Thousand Dollars ($200,000) without the con-
sent of such contributing county. The annual contribution shall

be determined by the following for-mula:

A = Amount of County Taxable Value as sho7-wn
on the Final Recapitulation of the Ad
Valorem Rolls for the previous year as
filed with the Florida Department of
Revenue

SB = Total of County Taxabl_ e VaPlue of all
Counties which, are parties to the
Agreement

C = Amount of funds designated by the Board
of Directors to be derived from counties


Contribution = B x C. ..


b. The parties hereto adopt the budget, attached

as Exhibit B, in the amount of Two Hundred Twenty-Eight Thou-

sand .ine Hundred Sixty Dollars ($223,960.00) as its final

budget: for fiscal year 1974-75.

6-. ILLSBOROUGH hereby affirms that, at a duly consti-

tuted -eeting of the Board of County Co:missioners on the

,-, ,-y f 1974, it approved the terrs
o- r, igi-- em.r :r. ...C::--. e:.:.c:4tioe t,-eor b:," -=b SgOT.0UGq

7. PASCO hereb affirms that, at a duly constituted

meeti.:, of the Board of County Co.mLssioners on the





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