Title: Governance: Amended and Restated Interlocal Agreement, Master Water Supply Contract, Transfer Agreements
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00003977/00001
 Material Information
Title: Governance: Amended and Restated Interlocal Agreement, Master Water Supply Contract, Transfer Agreements
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Governance: Amended and Restated Interlocal Agreement, Master Water Supply Contract, Transfer Agreements
General Note: Box 16, Folder 7 ( WCRWSA - 1998 ), Item 6
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003977
Volume ID: VID00001
Source Institution: Levin College of Law, 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






AGENDA ITEM 24


DATE: March 4, 1998

( TO: Board of Directors, WCRWSA

FROM: Jerry L. Maxwell, General Manager

ThAuthaJiliniter SUBJECT: Governance: Amended and Restated Interlocal Agreement, Master Water Supply
e ya Contract, Transfer Agreements


ISSUE: Final approval by the Board of Directors of the Amended and Restated Interlocal
Agreement, the Master Water Supply Contract and the necessary Transfer Agreements in order
to move the Governance Implementation process to the Member Governments for approval
over the next four weeks..

HISTORY: The reinvention of the West Coast Regional Water Supply Authority is the result
of two years of effort, discussion and negotiation that has ultimately resulted in a paradigm
shift. A shift from conflict to cooperation, from parochialism to regionalism, from
independence to interdependence.

The effort began following the Authority Board of Directors approval of the Master Water Plan
in December, 1995. The far-reaching Master Water Plan was designed to bring an additional
85 million gallons of water per day, and greater conservation, to the region to meet both the
public's and environment's long-term water needs. With the 20-year water supply plan
approved, the Board realized the Authority's current contracts did not provide a fair and
implementable mechanism for funding new water sources given the disparities among
members. Starting on March 11, 1996, a series of workshops were scheduled to develop
funding strategies for the Master Water Plan. Workshop participants (called the Group of 18)
included the Board of Directors plus the city or county administrator and the utility director for
each of the six Authority Member Governments (Hillsborough County, Pasco County, Pinellas
County, Tampa, St. Petersburg and New Port Richey). During a workshop exercise on April 8,
1996, the concept of reinventing the Authority as a regional utility with a unitary rate was born.

The idea of a regional water utility for Tampa Bay seemed innovative and progressive, yet
funding its examination and the pursuit of funding for the Master Water Plan took several
months. With continued visioning and investigation, what started out as a funding workshop
series marked by low levels of trust and position-based negotiations evolved into a model of
regional thinking, distinguished by understanding and earnest efforts to reach common ground.
(See Attachment 1 "Governance History/Timeline" and Attachment 2 "Governance
Milestones/Highlights" for more detail.)

DISCUSSION: Nearly two years after the regional utility idea was conceived, the West Coast
Regional Water Supply Authority is on the verge of a major transformation. The reinvention of
the Authority as a true regional utility is critical to eliminating the conflicts that have
contributed to the region's so-called "water wars." In the reinvented Authority, each member










Board of Directors, WCRWSA
March 3, 1998
Page 2


will pay the same wholesale water rate. The cost of developing new water supplies will be
shared regionally instead of by those Member Governments facing proposed reductions in
permitted supply or rapid population growth. Voting rights will be equitably balanced among
the three counties. And, in the reinvented Authority, every member will have an interest in
environmental stewardship and stable water supply.

Legislation passed by the 1997 Legislature encouraged and facilitated the implementation of
the Governance study recommendations submitted to the Legislature by the Authority. The
1997 Legislation provided that "the Authority may reconstitute its Governance in a manner
consistent with its report to the Legislature, and with the provisions set forth herein, under a
voluntary interlocal agreement with a term of not less than 20 years." The 1997 Legislation
delineated the following specific provisions, which any restructured Authority should
substantially provide:

* All Member Governments shall relinquish to the Authority their individual rights to
develop drinking water supply sources;
The Authority shall be the sole and exclusive wholesale drinking water supplier for all
Member Governments;
The Authority shall have the absolute and unequivocal obligation to meet the wholesale
drinking water needs of the Member Governments;
The Authority shall acquire all regionally significant wholesale water supply facilities and
tangible assets owned by the Member Governments at an agreed value;
The Authority shall charge a uniform per gallon wholesale rate to Member Governments
for the wholesale supply of drinking water;
To the extent provided in the interlocal agreement and as permitted by law, the Authority
and Member Governments shall develop procedures for resolving their differences over
permitting and other issues, including alternative dispute resolution to minimize the
potential for litigation;
The Authority's governing Board of Directors shall be expanded to nine members, two each
from Pinellas, Pasco and Hillsborough Counties and one each from Tampa, St. Petersburg
and New Port Richey.

Over the past seven months, the Authority, the Group of 18, and the Governance Team (the law
firms ofNabors, Giblin & Nickerson, P.A., and Pennington, Moore, Wilkinson, Bell & Dunbar
P.A.) have drafted three key documents that, together with new legislation, accomplish the
Authority's Governance restructuring consistent with these legislative provisions. Those
documents are: the Amended and Restated Interlocal Agreement, the Master Water Supply
Contract, and the Property Transfer Agreements. When supported by the requested legislation,
these documents will provide for regional water solutions. Each agreement is an integral and
necessary part, along with the legislation, for a comprehensive answer to the water needs of the
Tampa Bay area.









Board of Directors, WCRWSA
March 3, 1998
Page 3



A provision of the draft Interlocal Agreement is that the Member Governments will seek
legislation either authorizing or clarifying the Authority's and Member Governments' power to
enter into certain provisions of the Interlocal Agreement. The Interlocal Agreement will not
become effective unless the legislation is enacted in the form appended to the Interlocal
Agreement. The Authority and the Member Governments collectively request enactment of
legislation to authorize and clarify the Member Governments' ability to achieve, among others,
the following objectives:

* To the extent provided in the Interlocal Agreement, utilize alternative dispute resolution
rather than litigation to resolve disputes related to:
any application made by the Authority for a permit, license or other third-party
approval necessary or convenient for the construction or operation of a Water Supply
Facility, including either amendment or renewal application; and
any enforcement action related to permits, licenses or other third-party approvals
necessary or convenient for the construction or operation of the Authority's Water
Supply Facilities, in favor of the alternative dispute resolution procedures set forth in
the Interlocal Agreement.
* To require any government or quasi-judicial board or commission that share membership
with a Member Government's governing body to follow the alternative dispute resolution
procedures set forth in the Interlocal Agreement for any actions that restrict or prohibit the
supply of water.
* Designate the Authority as the sole and exclusive wholesale supplier of drinking water for
each Member Government;
* To the extent authorized in the draft Interlocal Agreement, agree that in carrying out their
statutorily conferred zoning, land use and comprehensive planning powers and
responsibilities, the Member Governments will not restrict or prohibit the use of land for
water supply purposes;
* Specify that the Authority shall have the absolute and unequivocal obligation to meet the
Member Governments' wholesale drinking water needs;
* Enter into the Interlocal Agreement without violating the restriction against transfer of
powers in Article VIII, section 4 of the Florida Constitution;
* Specify that Member Governments shall not impose any tax, fee or charge on the
Authority's production of water, except as provided in the draft Interlocal Agreement; and
* Issue obligations for the principal purpose of loaning their proceeds to a public or private
entity, as set forth in the Interlocal Agreement, which will finance or refinance the
acquisition and construction of water treatment, production or transmission facilities,
including, but not limited to, a desalination facility.









Board of Directors, WCRWSA
March 3, 1998
Page 4



IMPLEMENTATION: Governance documents were conceptually finalized by the "Group of
18" at a special meeting on Sunday and Monday, February 22 and 23, 1998. After Board
conceptual approval on February 23, the documents were revised by the Governance Legal
Team to conform to "Group of 18" direction since the January 26th draft. A final working draft
dated March 16 has been created and distributed. In order to meet a deadline of March 16, we
are requesting that Member Attorneys review the March 16 Board Meeting drafts and provide
technical comments in the form of specific revisions by Monday, March 9 at 5:00 p.m. (See
Attachment 3 letter from Don Conn to Member legal teams.) This will enable the Governance
Team to review the comments and proposed revisions, and produce final documents which will
be hand-delivered to you by Thursday, March 12. If your suggested technical revisions are not
included in the final documents prepared by the Governance Team, each Board Member will
have an opportunity to raise additional amendments at the meeting before final Board action on
Monday, March 16.

Following Authority Board action, the Governance Legal Team will conform documents to any
action taken by the Board and distribute to the Members for individual action by the Governing
Body of each Member Government. Included as Attachment 4 is a draft series of critical path
dates leading to initial effectiveness of your efforts to achieve Governance in July and full
implementation in September.

Both Don Conn and I appreciate the enormous effort and cooperation necessary to meet the
Board's deadline and would, of course, be happy to answer any questions or provide
clarification as required.

Respectfully submitted,





Jerry L. Maxwell, General Manager



JLM:md
Attachments


GENMANGR\MAXWELL\AGENDA\Govnapp.doc










ATTACHMENT 1


GOVERNANCE HISTORY/TIMELINE


DATE ACTIVITY DISCUSSION TOPICS/ACTION
March 11, 1996 Workshop #1 Funding allocation formula for Master Water
Plan
April 8, 1996 Workshop #2 Funding allocation formula for Master Water
Plan; identify strengths, weaknesses, threats
and opportunities facing the Authority.
Regional Utility Concept was born
May 13, 1996 Workshop #3 Envision a desirable future for the Authority;
define and assess the regional utility concept
May 20, 1996 Board Meeting KPMG Peat Marwick retained to prepare
report on Authority Governance issues, water
supply and funding options
May 31, 1996 Legislative Action Chapter 373.1963 "Assistance to West Coast
Regional Water Supply Authority" enacted
June 10, 1996 Workshop #4 Discuss entitlements; clarify participants
commitment to continued workshops
September 9, 1996 Workshop #5 Water cost model; unitary rates; impact of
regulatory cutbacks on current entitlements
September 16, 1996 Board Meeting KPMG Peat Marwick presentation on
Governance findings and options
September October Individual Member Government meetings
1996 with KPMG Peat Marwick
October 14, 1996 Workshop #6 KPMG presents restructuring options
November 18,1996 Workshop #7 Review of two preferred restructuring options;
acquisition of member facilities; rate impacts
December 9, 1996 Workshop #8 Facilities ownership and management;
membership and voting; funding options
December 1996 Agreement in Authority Board approves Agreement in
Principle Principle to reinvent the Authority as a
regional utility
January 1997 KPMG Governance Report submitted to
Florida Legislature
February 14, 1997 Workshop #9 Interlocal Agreement and Master Water
Supply Contract brainstorming; valuation of
facilities; member rights to develop sources
up to 4 mgd; member rights to challenge
water use permits; board membership/voting
April 21, 1997 Board Meeting Governance team of Nabors, Giblin &
Nickerson, P.A., and Pennington, Moore,
Wilkinson, Bell & Dunbar P.A. retained to
prepare necessary Governance documents
May-June, 1997 Member Government Governance team meets with Member
Meetings Governments one-on-one
July 1, 1997 Legislative Action Chapter 97-160, Section 30, Laws of Florida
July 21, 1997 Workshop #10 Governance issues matrix; review of the draft
Governance documents
August 25, 1997 Workshop #11 Water supply system and delivery points;
water treatment and quality; uniform water
rate and rate impacts; Governance issues










August 25, 1997 Partnership Plan Workshop with SWFWMD Governing Board
members regarding proposed Partnership Plan
September 22, 1997 Workshop #12 Water treatment and quality; water supply
system and delivery points; uniform water
rate and rate impacts; revised issues list and
draft language
October 13, 1997 Special TAC Meeting Member government technical staff discuss
water treatment and quality; water supply
system and delivery points
October 13, 1997 Workshop #13 Major Governance issues; uniform water rate
and rate impacts; water treatment and quality;
water supply system and delivery points
October 20, 1997 Workshop #13 Uniform water rate and rate impacts; property
Continued transfer issues; confirm water treatment and
quality; confirm water supply system and
delivery points; future course of action
November 20, 21, TAC/LAC Member government technical and legal staff
1997 review Governance documents
December 3, 1997 TAC/LAC Member government technical and legal staff
review Governance documents
December 8, 1997 Workshop #14 Remaining Governance issues requiring
policy direction; future course of action
December 15, 1997 Board Meeting Review of Governance documents
January 5, 1998 TAC/LAC Meeting Member government technical and legal staff
review Governance documents
January 12, 1998 Workshop #15 13-hour meeting to discuss remaining
Governance issues requiring policy direction
January 26, 1998 Board Meeting Final review of revised Governance
documents
February 2-4, 1998 TAC/LAC Member government technical and legal staff
review Governance documents
February 9, 1998 Board Workshop Begin final review of Governance documents;
reached consensus on key issues
February 16, 1998 Workshop #16 Review of Governance documents; discussion
of existing permits and new supplies; Group
of 18 expresses intent to resolve all
outstanding issues by Feb. 27, 1998; Group
of 18 schedules Sunday workshop
February 22, 1998 Workshop #17 Review of Governance documents; discussion
of Scientific Peer Review; consolidated
permit and arbitration; Hillsborough County
EPC involvement; production failure; and
environmental stress.
February 23, 1998 Workshop #17 Review of Governance documents; discussion
Continued of Tampa surface water issues; Authority's
financial stability; and water quality issues.
March 16, 1998 Board Meeting Approval of Interlocal Agreement

TAC: Technical Advisory Committee consisting of Utility Directors from each Member Government and Authority staff.
LAC: Legal Advisory Committee consisting of legal representatives from each Member Government and the Authority.










ATTACHMENT 2


GOVERNANCE MILESTONES/HIGHLIGHTS

April 8, 1996 Workshop #2
* "Building a regional supply system" identified as an opportunity during a workshop exercise.
* "Changing regulatory conditions" and "parochialism" identified as threats.
* "Not a true majority ruled organization" identified as a weakness.
* Commissioner Turanchik requests the Financial Advisory Committee develop data for each
member government on the financial implications of becoming a regional water utility.

May 13, 1996 Workshop #3
* Elements of a vision identified by workshop participants, including:
West Coast is responsive and responsible (environmentally and technically correct).
Develops sources and provides adequate water to members without negative
environmental impact. Provides abundant amount of water taking the environment into
consideration.
West Coast operates as a regional system that sells water at an equitable price, operates in
an environmentally safe manner, and provides enough water to meet demand in an
efficient manner. Supplies sufficient water at equitable prices to utilities that want it. Is
very efficient in providing water.
Is a more stable institution with a clear focus of mission, conducting business to "do it."
Has arrived at a place where workshops are not needed.
Elements of a regional water utility definition were developed, including:
Mandatory membership; exclusive water provider; single price structure. Everyone
participates; same price and sole source. Operates as a monopoly in a designated service
area.
Majority vote binds the Authority to take action. Final decision-making authority.

September 9, 1996 Workshop #5
* Workshop participants agree to pursue the discussion of a regional utility model with further
data and analysis and information about other options from KPMG Peat Marwick.

October 14, 1996 Workshop #6
* Agenda focuses on legislative mandate requiring a report submittal in February 1997.

December 9, 1996 Workshop #8
* Workshop participants agree to draft an Agreement in Principle, which would set forth the
concepts and methodology for restructuring the Authority. The agreement would be
presented to each Authority member and included in the report to the Legislature.
Ownership Option 4, "System Wide Services With Uniform Rate," is selected. (Option 4
provides for the Authority to acquire all members' facilities, except the city of Tampa's
surface water plant.)
Workshop participants agree to limit member governments' rights in water use permitting
process.











* Workshop participants agree all Board members must be elected officials and the Board
would be increased to nine members (three representatives per county, with guaranteed slots
for New Port Richey, St. Petersburg and Tampa).
* Workshop participants agree to propose that New Water Source Initiatives revenues from the
Tri-county area be earmarked to go to the Authority to develop new water source projects, in
lieu of the proceeds from a 0.10 mill levy.

February 14, 1997- Workshop #9
* Reference to Master Water Plan to be included in new Interlocal Agreement.
* Group requests legal counsel from Authority, SWFWMD and member governments develop
a new process for member participation in water use permitting procedures.
* Group agrees to retain outside counsel to draft new Governance documents.

December 8, 1997 Workshop #14
* Group accepts the paper "Concepts for a Revised Section 3.08 Concerning Tampa's Surface
Water Rights" as the basis of agreement for Tampa as a member.
* Upon implementation of Governance, the Tampa Water Resource Recovery Project will
become an Authority project.
Of the 85 mgd of new water to be produced by the Authority, 50 percent is to go toward
reductions in wellfield withdrawals and 50 percent for growth. The 50 percent being used for
reductions will be allocated as follows: Pasco County, 40 percent; Hillsborough County, 20
percent; Pinellas County, 10 percent; unrestricted Authority use, 30 percent.
Authority acquires only wellhead from member facilities with members retaining property.
Wellfield property will be kept as-is for 10 years, after which, if the land is sold, deed
restrictions will protect use of the property as a wellfield.

January 12, 1998 Workshop #15
* Updated Master Water Plan to be attached to Governance documents.
* 65 percent of all rotational capacity created by the purchase of water from Tampa will be
used to reduce the quantity of water withdrawn from Cross Bar Ranch Wellfield and Cypress
Creek Wellfield; the remaining 35 percent will be used to reduce withdrawals from existing
groundwater facilities in Hillsborough County.
By December 31, 2002, the Authority shall bring at least 38 mgd of new water on line, thus
allowing a reduction in the combined production from existing facilities to 121 mgd on an
average annual basis.
By December 31, 2007, the Authority shall bring an additional 47 mgd of new water on line,
thus allowing a reduction in the combined production from existing facilities to 90 mgd on an
average annual basis.
Consensus reached on statutory language defining "regional cooperation" for permit
application standards section of Amended and Restated Interlocal Agreement.
Authority will pay an annual economic impact fee to member governments in which the
Authority owns a water supply facility that is not subject to ad valorem taxation.










February 9, 1998 Board Workshop
* Specificity of powers and duties provision of Amended and Restated Interlocal Agreement
approved.
* Authority will have an option to purchase Member-acquired water supply facilities at
appraised value.
* Members agree to allow a percentage increase in production for small wells retained by
Members.
* Reductions in permitted capacity resulting from agreements to which all Member
Governments are parties are excluded from Authority opposition as defined in Section
3.03(C) of the Amended and Restated Interlocal Agreement.
* Tampa Bypass Canal water rate to include allocated overhead.

February 16, 1998 Board Workshop
* Member exception to exclusivity for brackish water projects deleted.
* Enforcement actions limited to 403.412(2) F.S.
* Delivery failure redefined as prospective production failure.
* Reduction of environmental stress fixed at 121 mgd annual average ending 2003 and 90 mgd
annual average ending 2008. Reductions fixed and total quantity to Master Plan will float as
required to meet fixed targets.
* Arbitration set to American Arbitration Association Procedures and timeframes contracted.

February 22, 1998 Board Workshop
* Pasco County agrees to repeal its desalination fee ordinance and withdraw its comprehensive
plan amendment effective with the date of Governance implementation.
* Scientific Peer Review will be initiated by a majority vote of the Board of Directors and the
Authority will pay costs. If a single member requests peer review, that member will
reimburse the Authority for costs.
* Consolidated permit and arbitration separate arbitration allowed for host government in
whose jurisdiction a facility covered in a consolidated permit is located. If the arbitrated
amount would cause a production failure, there would be a consolidated arbitration with the
Authority obligated to deal with any resulting production failure by bringing on line
additional supplies with a unanimous vote of the Board of Directors.
* Hillsborough EPC no effect on EPC jurisdiction for non-consumptive use issues; regarding
Authority applications for permits, Authority permits and enforcement of Authority permits,
EPC is requested to enter an interlocal agreement with the Authority agreeing to be bound by
the results of any arbitration initiated by Hillsborough County under the Governance
Interlocal Agreement. If Hillsborough County does not initiate arbitration, EPC can but it
will follow the arbitration process set forth in the Governance Interlocal Agreement, be
bound by the results of that arbitration, and Hillsborough County will also be bound by those
results. There is no limitation on Hillsborough County's funding of EPC under this process;
legislation authorizing EPC to enter such an interlocal agreement with the Authority and
superceding EPC jurisdiction in conflict to the extent not addressed in said interlocal
agreement.
Production Failure provisions become effective December 31, 2002 and require new
Authority projects to be under contract which will insure that demand does not exceed 90%
of capacity of existing facilities and those under contract.










* Environmental stress contingent on the Partnership Agreement, Group of 18 agreed to firm
permit reductions for 11 existing wellfields from current 191 mgd to 121 mgd by December
31, 2002 and 90 mgd by December 31, 2007; absolute commitment by the Authority, not
contingent on Partnership Agreement, to bring on at least 85 mgd of new sources in order to
achieve firm reductions of at least 42.5 mgd from the 11 wellfields on a priority basis. In the
event that at least 85 mgd is not developed, any member government may develop the
difference to achieve 42.5 mgd from their own jurisdictions, for reduction in pumping only,
and the Authority will purchase those facilities at the member cost.

February 23, 1998 Board Workshop
* Tampa surface water established that additional withdrawals by Tampa above its current
permitted quantities would be subordinate to regional withdrawals from the Hillsborough
River and the Tampa Bypass Canal; confirmed City's exclusive right to 82 mgd average day,
92 mgd peak month, and 104 mgd maximum day from the Hillsborough River with
augmentation from Sulfur Springs and the Tampa Bypass Canal to facilitate City of Tampa
pumpage at these rates; confirmed the Authority will assist to extent possible to meet any
City of Tampa shortfall during times of catastrophes or failure; established that Tampa's
allocation from the Tampa Bypass Canal will be based on need and when needed Tampa will
have first priority up to 20 mgd average and 40 mgd maximum day withdrawal from the
Tampa Bypass Canal; established that high flow in the Hillsborough River High Water
Project will mean when flows exceed minimum regulatory requirements; and established host
government status for the City of Tampa on selected projects.
* Provided financial stability by: providing working capital by establishing a billing
mechanism based on actual consumption using a fixed rate and variable rate; set operating
reserves for two months of variable rate portion; provided for a rate stabilization fund at the
Board's discretion; the authorized use of carry forward funds; and short term borrowing
capability.
* Water Quality established mechanism to set water quality targets while giving Member
Governments the right to arbitrate against set standards intended to make alternative supply
affordable while not causing member utilities to adopt new treatment techniques beyond
modifying chemical dosages or process operations to meet moderately altered source water.
* Developed standards for retained lands to be consistent with local land use code; prescribed
specifications for wellhead transfers; established disclosure policies; and established interim
operating standards relating to property transfers.







ATTACHMENT 3


VIA COURIER



DATE: March 4, 1998

i N_ TO: Dave Forziano, Esquire Hillsborough County
it\ Kathy Fry, Esquire City of Tampa
Mike Davis, Esquire City of St. Petersburg
TheAuthori later Kim Streeter, Esquire City of St. Petersburg
Doug Manson, Esquire City of St. Petersburg
Ed de la Parte, Jr., Esquire Pinellas County
Joe Morrissey, Esquire Pinellas County
Fred Reeves, Esquire Pasco County
Tom Morrison, Esquire City of New Port Richey

FROM: Donald D. Conn, General Counsel

SUBJECT: Revised Drafts ofInterlocal Agreement and Master Water Supply Contract



I am providing you with redlined and clean copies of revised drafts of the Interlocal
Agreement and, Master Water Supply Contract which have been prepared by the
Governance Team based on the Group of 18 discussions through Monday, February 23.
Due to the time constraints of preparing these drafts for your review, comments received
yesterday, March 3, from Hillsborough County have not been included in these drafts but
will be considered along with any other requested revisions that are received in accordance
with the process described below.

By last Friday, February 27, we had received comments on the Property Transfer
Agreements from the Cities of St. Petersburg and Tampa, and the revised Property
Transfer Agreements will address these comments as well as action taken by the Group of
18 on February 23, when they are distributed later this week.

As you know, the Authority's Board of Directors expects to be able to act on governance
documents at their meeting scheduled for March 16. In order to meet this deadline, we
are requesting that you review the enclosed drafts and provide technical comments in the
form of specific revisions to these drafts by Monday, March 9 at 5:00 p.m. This will
enable the Governance Team to review your comments and proposed revisions, and
produce final drafts which will be hand-delivered to you by Thursday, March 12.

We are requesting your assistance in complying with the Board's expectations by
submitting your revisions as follows:


1. Deadline for revisions is Monday, March 9 at 5:00 p.m.










March 4. 1998
Page 2


"2.


TheAuthId inittaer 3.


Requested revisions should be hand-delivered or faxed to me, and I will distribute
them to the Governance Team.

For ease of drafting your requested revisions, we have numbered the lines on
these drafts and your revisions should reference a specific Dage and line
number on the clean draft.


4. If you find it more convenient, you can simply write your revisions on the clean
draft in strike-through and underline format, and fax me the pages of the draft
document which contain your requested revisions.

5. Do not suggest "concept" revisions, but provide specific language for any
requested revisions.

It is our intention that the Governance Team will review and reissue a final document for
Board consideration by Thursday, March 12. If your suggested technical revisions are
not included in the final documents prepared by the Governance Team, each Board
Member will have an opportunity to raise additional amendments before final Board
action on Monday, March 16.

We appreciate your cooperation in this regard and I would, of course, be happy to answer
any questions or provide clarification.


DDC:krs
Attachment
cc: Board of Directors, WCRWSA
Jerry L. Maxwell, General Manager


T \GENCONCLSISMON'CORR'MEMO\LAC DOC







ATTACHMENT 4 DRA FT March 2, 1998


GOVERNANCE CRITICAL PATH DATES


Key: Conditionfor Initial Effectiveness
** Condition for Full Implementation
I/A Interlocal Agreement
MWSC Master Water Supply Contract
PTA Property Transfer Agreement



March 30 Hillsborough EPC Interlocal Agreement



April 15 Approval of I/A, MWSC and PTA by Authority and Members

Formal Request for DEP Approval of I/A (allow 75 days)

Wellhead Surveys by Members (allow 60 days)

Negotiations to Modify Existing SWFWMD & Member Agreements,
including Starkey, Morris Bridge and Cypress Creek Wellfield Contracts



May 1 Passage of Required Legislation

Surveys Continue

DEP Review of I/A Continues

Negotiations to Modify Existing Agreements Continue



May 14 Disclosure Schedules (sec. 4.03A, PTA)



May 30 Completion of Public Hearings, if required, by Authority and
Members as per Sections 125.3401, 180.301 and 189.423, Fla. Stat

Notice of Exceptions to Disclosure (sec. 4.03B, PTA)










June 1 Begin Approvals by SWFWMD, Authority and Members to Modify
Existing Contracts, including Starkey, Morris Bridge and Cypress Creek
Contracts

Surveys Complete

DEP Review of I/A Continues



June 15 Personal Property Inventory (sec. 4.06, PTA)



July I DEP Approval of IA (75 days)

Repeal ofPasco Desalination Fee Ordinance

Withdrawal or Modification ofPasco Comp Plan Amendments

Complete Modifications by SWFWMD, Authority and Members
of Existing Contracts

Authority Orders Title Insurance (sec. 4.02A, PTA)

Property Transfers Begin to Close in Escrow

Begin Approval of 0 & M Agreements for Acquired Wellfields

INITIAL EFFECTIVENESS New Authority Board of Directors (10
days)

Tentative Authority Budget Proposed (sec. 2.08A, I/A)



August 1 Authority Budget Adopted (sec. 2.08C, I/A)

Complete Property Transfer Closings in Escrow (sec. 5. 01A, PTA)

Pasco may modify linear wellfield application (sec. 3. 06B, I/A)









Sept 1 Update Disclosures and Representations

Complete Property Transfer Closings in Escrow

Complete Approval of 0 & M Agreements for Section 21, Cosme-
Odessa, South Pasco, Eldridge-Wilde and Morris Bridge Wellfields



Sept 10 ** Authority Issues Obligations

** Refunding or Assumption of Debt for SCHRW

** Buy Outsfor Starkey and Cypress Creek Wellfields

** Release of Property Transfers from Escrow

FULL IMPLEMENTATION



Oct 1 Unitary Rate is Implemented

Authority election on Pasco linear wellfield, if not modified (sec. 3.06,B,
I/A)



Jan. 30 Post-Closing Adjustments and Reconciliation


T.'GENCONCL SIMCN'GOVERNRP DOC




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs