Title: Northern Tampa Bay Agreement Between WCRWSA, Hillsborough, Pasco, Pinellas Counties and Cities of St. Pete, New Port Richey and SWFWMD (Draft Dated Jan. 22, 1998)
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00004051/00001
 Material Information
Title: Northern Tampa Bay Agreement Between WCRWSA, Hillsborough, Pasco, Pinellas Counties and Cities of St. Pete, New Port Richey and SWFWMD (Draft Dated Jan. 22, 1998)
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Northern Tampa Bay Agreement Between WCRWSA, Hillsborough, Pasco, Pinellas Counties and Cities of St. Pete, New Port Richey and SWFWMD Draft Dated Jan. 22, 1998 (JDV Box 108)
General Note: Box 16, Folder 14 ( Trust Agreement - 1998 ), Item 1
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004051
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






DRAFT
January 22, 1998



1 NORTHERN TAMPA BAY
2 AGREEMENT
3 BETWEEN
4 WEST COAST REGIONAL WATER SUPPLY AUTHORITY,
5 HILLSBOROUGH COUNTY,
6 PASCO COUNTY,
7 PINELLAS COUNTY,
8 CITY OF TAMPA,
9 CITY OF ST. PETERSBURG,
10 CITY OF NEW PORT RICHEY,
11 AND
12 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
13
14
15 THIS AGREEMENT is made and entered into by and between the WEST COAST

16 REGIONAL WATER SUPPLY AUTHORITY, an interlocal governmental agency created and

17 existing pursuant to 373.1962 and 163.01, Florida Statutes, acting by and through its Board of

18 Directors, whose address is 2535 Landmark Drive, Suite 211, Clearwater, Florida 33761, herein

19 referred to as "AUTHORITY"; HILLSBOROUGH COUNTY, a political subdivision of the State

20 of Florida, whose address is 601 E. Kennedy Boulevard, Tampa, Florida 33602, herein referred to

21 as "HILLSBOROUGH"; PASCO COUNTY, a political subdivision of the State of Florida, whose

22 address is 7530 Little Road, New Port Richey, Florida 34654, herein referred to as "PASCO";

23 PINELLAS COUNTY, a political subdivision of the State of Florida, whose address is 315 Court

24 Street, Clearwater, Florida 34616, herein referred to as "PINELLAS"; the CITY OF TAMPA, a

25 municipal corporation of the State of Florida, whose address is 306 E. Jackson Street, Tampa,

26 Florida 33602, herein referred to as "TAMPA"; the CITY OF ST. PETERSBURG, a municipal









DRAFT
January 22, 1998

1 corporation of the State of Florida, whose address is P. O. Box 2842, 175 Fifth Street North, St.

2 Petersburg, Florida 33731, herein referred to as "ST. PETERSBURG"; the CITY OF NEW PORT

3 RICHEY, a municipal corporation of the State of Florida, whose address is 5919 Main Street, New

4 Port Richey, Florida 34652, herein referred to as "NEW PORT RICHEY"; and the SOUTHWEST

5 FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida

6 created and existing pursuant to Chapter 373, Florida Statutes, whose address is 2379 Broad Street,

7 Brooksville, Florida 34609-6899, herein referred to as "DISTRICT", for itself and on behalf of the

8 ALAFIA RIVER BASIN BOARD, the COASTAL RIVERS BASIN BOARD, the

9 HILLSBOROUGH RIVER BASIN BOARD, the NORTHWEST HILLSBOROUGH BASIN

10 BOARD, the PINELLAS-ANCLOTE RIVER BASIN BOARD, and the WITHLACOOCHEE

11 RIVER BASIN BOARD herein collectively referred to as "BASIN BOARDS".

12 WITNESSETH:

13 WHEREAS, pursuant to Chapter 373, Florida Statutes, the DISTRICT has the statutory

14 responsibility to protect, manage and conserve the water resources within the District; and

15 WHEREAS, the AUTHORITY was created in 1974 for the purpose of developing, storing

16 and supplying water for county and municipal services in a manner as will give priority to reducing

17 the adverse environmental effects of excessive or improper withdrawals of water from concentrated

18 areas; and


I









DRAFT
January 22, 1998

1 WHEREAS, currently the AUTHORITY's members are HILLSBOROUGH, PASCO,

2 PINELLAS, TAMPA, ST. PETERSBURG, and NEW PORT RICHEY, who are collectively referred

3 to as "AUTHORITY MEMBERS"; and

4 WHEREAS, the 1997 Legislature recognized the need for coordination between water

5 management districts, regional water supply authorities, and local governments and provided clear

6 direction as to each entity's respective role in ensuring that sufficient water is available for all

7 existing and future reasonable beneficial uses and natural systems, while avoiding the adverse

8 effects of competition for water supplies; and

9 WHEREAS, the 1997 Legislature has made it clear that the proper role of the water

10 management districts in water supply is primarily planning and water resource development and the

11 proper role of local government and regional water supply authorities is primarily water supply

12 development; and

13 WHEREAS, the AUTHORITY, AUTHORITY MEMBERS and the DISTRICT agree that

14 it is in the best interest of all the parties and the public that they collectively serve to work together

15 toward accomplishing their respective statutory responsibilities including but not limited to

16 373.0361, 373.0421, 373.0831 and 373.1963,F.S. including the coordination and development of

17 new and additional water supplies to meet existing and future demands of the Northern Tampa Bay

18 area in such a manner as will give priority to reducing adverse environmental effects of improper

19 or excessive withdrawals of water from concentrated areas.










DRAFT
January 22, 1998

1 NOW, THEREFORE, the AUTHORITY, AUTHORITY MEMBERS and the DISTRICT,

2 in consideration of the mutual terms, covenants and conditions set forth herein, agree as follows:

3 In the following Agreement, the following terms will have the meanings set forth:

4 "PROJECT" shall mean a new water supply development project, including new

5 alternative potable water supply facilities and regionally significant transmission pipelines which

6 may be funded and constructed under subparagraph 2.K and subject to the limitations of Exhibit 3,

7 among others, of this AGREEMENT.

8 "PHASE I PLAN" and "PHASE II PLAN" shall mean the plans to be submitted by

9 the AUTHORITY to present plans for the development of PROJECTS and conservation programs

10 including the details called for in the AGREEMENT.

11 "OPERATIONAL PLAN" shall mean that document to be submitted and updated

12 pursuant to this AGREEMENT which describes how the AUTHORITY and AUTHORITY

13 MEMBERS shall operate the interconnected system, including the eleven well fields listed in

14 Exhibit 1 in order to ensure environmental stresses are minimized in the vicinity of those well fields.

15 "FUNDING AGREEMENT" shall mean the binding agreements to be entered

16 between the AUTHORITY and the AUTHORITY with regard to funding a particular PROJECT,

17 such agreement to be in substantially the form of Exhibit 2 to this AGREEMENT.

18 "CONSOLIDATED PERMIT" shall mean a Water Use Permit which will consolidate

19 the existing permits for the eleven wellfields listed in Exhibit 1 into one permit with the

20 AUTHORITY as the sole permitted.










DRAFT
January 22, 1998

1 1. OBJECTIVES OF THE AGREEMENT. The parties hereto commit by this AGREEMENT

2 to:

3 A. develop eighty-five million gallons per day (85 mgd) annual average of new water

4 supply capacity for regional distribution to the AUTHORITY MEMBERS through

5 the AUTHORITY by December 31, 2007 (55 mgd of the 85 mgd will be used for

6 reductions of pumping under subparagraph 1 B);

7 B. notwithstanding 1.A. above, reduce the permitted pumpage from the eleven existing

8 well fields listed on Exhibit 1 to one hundred twenty-one (121) million gallons per

9 day annual average by December 31,2002, and to ninety (90) million gallons per day

10 annual average by December 31, 2007;

11 C. end existing litigation and administrative hearings and minimize future litigation and

12 administrative hearings among the parties to this AGREEMENT; and

13 D. provide a process for the DISTRICT to provide financial assistance to the

14 AUTHORITY to achieve objectives 1.A. and 1.B. above.

15 2. DEVELOPMENT OF NEW WATER SUPPLY FACILITIES.

16 A. The AUTHORITY has prepared and approved a Master Water Plan. The Master

17 Water Plan proposes to provide a total of an annual average of eighty-five million gallons per day

18 (85 mgd) of new water supply capacity for regional distribution to the AUTHORITY MEMBERS

19 by December 31, 2007. The AUTHORITY proposes to develop this new capacity in two phases.

20 In PHASE I the AUTHORITY plans to provide an annual average of thirty-eight million gallons per









DRAFT
January 22, 1998

1 day (38 mgd) of new capacity. In PHASE II the AUTHORITY plans to provide an annual average

2 of forty-seven million gallons per day (47 mgd) of additional new capacity for a total of 85 mgd of

3 new water capacity.

4 B. By July 1, 1998, the AUTHORITY shall prepare and submit to the DISTRICT a

5 PHASE I PLAN, describing PROJECTS which, upon construction, shall provide an annual average

6 of 38 mgd of new capacity referenced in subparagraph 2.A., and a PHASE II PLAN describing

7 PROJECTS, which, upon construction, shall provide an annual average of 85 mgd of additional new

8 capacity referenced in subparagraph 2.A. inclusive of PHASE I capacity. By December 31, 2002,

9 the AUTHORITY shall have the PHASE I PLAN PROJECTS constructed, in operation and capable

10 of producing an annual average quantity of 38 mgd of new water, for regional distribution to the

11 AUTHORITY MEMBERS. By December 31, 2007, the AUTHORITY shall have the PHASE II

12 PLAN PROJECTS constructed, in operation and capable of producing an annual average quantity

13 of 85 mgd, inclusive of the 38 mgd included in PHASE I, of new water for regional distribution to

14 the AUTHORITY MEMBERS.

15 C. At a minimum the PHASE I PLAN and PHASE II PLAN shall identify the following:

16 (1) the proposed PROJECTS;

17 (2) the estimated amount of water to be produced from each proposed

18 PROJECT;

19 (3) when the proposed PROJECTS shall be in operation and available for

20 regional distribution to the AUTHORITY MEMBERS;










DRAFT
January 22, 1998

1 (4) the estimated cost of designing, constructing and operating the PROJECTS;

2 (5) the expected funding sources, including how much is expected from each

3 funding source and when DISTRICT funding pursuant to this AGREEMENT

4 shall be required;

5 (6) a listing of the permits and approvals that will be required by all

6 governmental authorities to construct and operate the proposed PROJECTS

7 (7) a listing of all statutory and regulatory regimes that will govern construction

8 and operation of the proposed PROJECTS;

9 (8) an economic analysis of the feasibility of each PROJECT; and,

10 (9) the proposed conservation program to reduce water use by 10 mgd (annual

11 average) by 2000 and 17 mgd (annual average) by 2005, including but not

12 limited to the planned schedule for such reductions.

13 D. The AUTHORITY shall keep the DISTRICT advised of the AUTHORITY's planning

14 and progress toward completion of the PHASE I and PHASE II PLANS. By April 1, 1998, the

15 AUTHORITY shall meet with the DISTRICT staff to discuss the details of the AUTHORITY's July

16 1, 1998 PHASE I and PHASE II PLAN submittals, at which time the AUTHORITY shall provide

17 the DISTRICT with a current draft of the submittals. The AUTHORITY shall furnish the

18 DISTRICT with an original and 11 copies of the PHASE I and PHASE II PLANS, in final form, as

19 soon as they are available, but in any event no later than July 1, 1998.









DRAFT
January 22, 1998

1 E. Within ninety (90) days of receipt of the PHASE I PLAN and PHASE II PLAN, the

2 District shall complete its review of the PHASE I PLAN and the PHASE II PLAN and approve the

3 plan or disapprove all or any portion of the plan which the DISTRICT determines to be

4 objectionable. If all or part or the plan is disapproved, the DISTRICT shall advise the AUTHORITY

5 in writing of the reasons for the DISTRICT's disapproval, including, without limitation, apparent

6 non-compliance with the DISTRICT's conditions for issuance of Water Use Permits. For those

7 PROJECTS which are approved, the DISTRICT shall provide in writing to the AUTHORITY a

8 listing of the PROJECTS for which the DISTRICT will provide funding, the estimated amount of

9 funding and the terms under which said funds will be made available to the AUTHORITY; provided,

10 nevertheless, that both the commitment to fund and the amount of funding shall be subject to

11 issuance of all necessary governmental permits and approvals for each proposed PROJECTS in

12 accordance with the following subparagraphs. DISTRICT approval of all or part of the PHASE I

13 or PHASE II PLANS shall not constitute a permit, order, or other agency action. The parties

14 acknowledge that the PHASE I PLAN and the PHASE II PLAN are conceptual in nature and that

15 the actual cost of funding a particular PROJECT will be unknown until such time as a Water Use

16 Permit and any and all other governmental permits and approvals are obtained and construction

17 contracts are awarded. The AUTHORITY shall make appropriate modifications to the PHASE I

18 PLAN or PHASE II PLAN to adequately address the DISTRICT's reasons for any disapprovals.

19 If the AUTHORITY does not make such modifications and does not submit a PHASE I PLAN or










DRAFT
January 22, 1998

1 PHASE II PLAN acceptable to the DISTRICT sufficient to implement the reductions contemplated

2 by this AGREEMENT, this AGREEMENT shall be terminated pursuant to paragraph 22.

3 F. As soon as possible but in any event no later than [ DATE] the AUTHORITY shall

4 have filed all permit applications with all appropriate governmental agencies for PROJECTS

5 identified in the PHASE I and PHASE II PLANS. Within 60 days of the DISTRICT's receipt of the

6 AUTHORITY's request for funding for a particular PROJECT, the DISTRICT shall advise the

7 AUTHORITY in writing of the amount of funds that will be made available for such PROJECT.

8 The AUTHORITY's requests for funding for particular PROJECTS must include sufficient

9 information to enable the DISTRICT to make an informed judgment whether or not to approve the

10 request and prior to entering into a FUNDING AGREEMENT. Such information required under

11 the FUNDING AGREEMENT shall include, without limitation, bid specifications and requests,

12 responses to bid requests, contract documents, and any and all necessary permits and approvals by

13 all appropriate governmental authorities.

14 G. The AUTHORITY shall keep the DISTRICT informed of the progress of

15 implementation of any and all PROJECTS, and shall furnish the DISTRICT such information as

16 is necessary and appropriate toward this end. In addition, the AUTHORITY shall provide such

17 additional information, and take such other steps to keep the DISTRICT informed of progress, as

18 may be required by the terms of the DISTRICT's FUNDING AGREEMENT.

19 H. Any modification of the AUTHORITY's approved PHASE I PLAN or PHASE II

20 PLAN shall require the written approval of the DISTRICT, which approval shall not be unreasonably









DRAFT
January 22, 1998

1 withheld so long as such modification is consistent with the purposes of this AGREEMENT, the

2 CONSOLIDATED PERMIT as defined below, and applicable law.

3 I. With respect to providing the information required by subparagraph 2.C.(5) above,

4 the information shall be consistent with the schedule and limitations reflected on Exhibits 2 (New

5 Water Source Funding Agreement), 3 (Funding Criteria) and 4 ( SWFWMD Annual Funding)

6 consistent with the requirements of subparagraph 2.K. below.

7 J. The AUTHORITY shall have the ultimate responsibility for the planning,

8 construction and operation of all the water supply facilities provided for herein.

9 K. Subject to the limitations provided herein, the DISTRICT agrees to provide up to one

10 hundred eighty-three million dollars ($183,000,000.00) to be used by the AUTHORITY for the

11 development of PROJECTS approved and constructed pursuant to this AGREEMENT. DISTRICT

12 funds shall be made available in accordance with the schedule and limitations reflected on Exhibits

13 2,3 and 4. At such time as the AUTHORITY is prepared to develop a specific PROJECT which the

14 DISTRICT has agreed to fund under this AGREEMENT, the AUTHORITY and DISTRICT shall

15 enter a FUNDING AGREEMENT which will detail the terms and conditions by which DISTRICT

16 funds will be disbursed for the specific project. PROVIDED, HOWEVER, the DISTRICT shall

17 restrict the use of its funds to PROJECTS as determined pursuant to this AGREEMENT.

18 DISTRICT funding shall be provided to the AUTHORITY for construction costs on a cost sharing

19 basis consistent with Exhibits 2,3 and 4.










DRAFT
January 22, 1998

1 L. Beginning on July 1, 1999, and each July 1 thereafter until the PHASE I PLAN

2 PROJECTS and PHASE II PLAN PROJECTS are constructed and fully operational, the

3 AUTHORITY shall prepare and submit to the DISTRICT an annual report that describes in detail

4 the progress that has been made toward implementation of the PHASE I PLAN and the PHASE II

5 PLAN.

6 M. With respect to any water use permits required under Part II of Chapter 373, Florida

7 Statutes, for the PROJECTS developed pursuant to the PHASE I PLAN or PHASE II PLAN, the

8 AUTHORITY may apply for and the DISTRICT shall issue such permits if the facility meets the

9 criteria for issuance. The DISTRICT may elect to: (1) issue such permits subject to a term expiring

10 when the CONSOLIDATED PERMIT expires or (2) include the new approvals as a part of the

11 CONSOLIDATED PERMIT if, in either case, reasonable assurances can be provided that the

12 permitting criteria will be met for the duration of the CONSOLIDATED PERMIT.

13 N. The AUTHORITY shall expedite the preparation and filing of all permit applications

14 for the development of PROJECTS. In addition, the AUTHORITY shall provide timely, full and

15 complete responses to the DISTRICT's request for additional information. The DISTRICT shall

16 give priority to, and expedite action on, any permit applications submitted pursuant to this

17 AGREEMENT. The DISTRICT and AUTHORITY also agree to have pre-application conferences

18 designed to help the AUTHORITY file a complete application.

19 O. Nothing herein shall be construed to prevent the AUTHORITY from bringing more

20 new water supply capacity on line at earlier dates.









DRAFT
January 22, 1998

1 P. The DISTRICT, consistent with this AGREEMENT and a mutually agreeable Trust

2 Agreement, shall create a Trust (with a National Financial Institution) of One Hundred Million and

3 00/100 dollars ($100,000,000.00) for the benefit of and use by the AUTHORITY for the

4 development of PROJECTS as part of the funding described in subparagraph 2.K. (the "Initial

5 Funding Requirement"). The Initial Funding Requirement may be comprised of an initial cash

6 amount of not less than $58,000,000 (available by April 1, 1999 consistent with Exhibit 4) and a

7 $42,000,000 Credit Facility, such as a mutually agreeable letter of credit or surety bond from a

8 financial institution. The Credit Facility shall permit the AUTHORITY to draw amounts only to the

9 extent the AUTHORITY is entitled to funding under this AGREEMENT and associated FUNDING

10 AGREEMENTS for specific projects under this AGREEMENT, and only to the extent the

11 DISTRICT has failed to appropriate such amount to which the AUTHORITY is so entitled under

12 Exhibit 4. The Credit Facility shall have a term of five (5) years from the date of its establishment.

13 Terms and conditions of the Credit Facility shall be reasonably acceptable to the AUTHORITY and

14 the DISTRICT. All earnings on amounts held by the Trustee and all costs and expenses of the

15 DISTRICT associated with the Credit Facility shall be deducted from the total amount of the

16 subsequent year's funding requirement as set forth in Exhibit 4. The DISTRICT shall annually

17 deposit any necessary funds to achieve the annual funds (in accordance with Exhibit 4 and

18 subparagraph 2. Q.) to the Trust by April 1 of each fiscal year until the Trust balance equals the total

19 appropriation through 2007 according to Exhibit 4. The Trustee shall disburse to the AUTHORITY

20 consistent with the Trust Agreement from the proceeds in the Trust an amount consistent with this

21 AGREEMENT and the FUNDING AGREEMENTS starting fiscal year 1999 and thereafter to 2007.

12


I









DRAFT
January 22, 1998

1 Should the DISTRICT fail to deposit funds for PROJECTS consistent with the terms of this

2 AGREEMENT and the FUNDING AGREEMENTS, the Trustee shall disburse all funds to the

3 AUTHORITY held as the Initial Funding Requirement including the funds drawn from the Credit

4 Facility to the AUTHORITY. Such proceeds shall be used by the AUTHORITY exclusively for

5 PROJECTS. Should the AGREEMENT terminate for any reason, under Paragraph 22, other than

6 the DISTRICT'S failure to fund under subparagraph 2.K. then the Trust Agreement, any FUNDING

7 AGREEMENTS and any obligation of the DISTRICT pursuant to this subparagraph shall terminate

8 and any remaining undisbursed funds, after payment for any outstanding Eligible Costs under the

9 FUNDING AGREEMENTS, shall be returned to the DISTRICT pursuant to the Trust Agreement.

10 Q. If the DISTRICT does not fund $183,000,000 for development of PROJECTS under

11 subparagraph 2.K. to reduce pumpage by the amount of 55 mgd under this AGREEMENT as

12 discussed in subparagraph 1 B, thereby failing to provide the full amount due under this

13 AGREEMENT subparagraph 2.K. for reasons other than that the DISTRICT is precluded by

14 applicable law from providing the DISTRICT funding, or that a judicial or administrative proceeding

15 is pending which challenges the DISTRICT funding, then the AUTHORITY shall be required to

16 reduce pumping only by the proportional amount of the 55 mgd represented by the proportion of the

17 amount actually paid by the DISTRICT of the $183,000,000. The AUTHORITY shall have six (6)

18 months from the date of the DISTRICT's failure to fund by which to file an application for

19 modification of the CONSOLIDATED PERMIT as defined below, and the DISTRICT shall grant

20 such application, consistent with this subparagraph and applicable law. Except as set forth in this

21 subparagraph in the case of the DISTRICT's failure to fund PROJECTS under subparagraph 2.K,
13










DRAFT
January 22, 1998

1 the DISTRICT's authority under applicable law to regulate water use is unchanged by this

2 AGREEMENT.

3 R. Following the DISTRICT's approval of the PHASE I PLAN and PHASE II PLAN,

4 should the DISTRICT fail at any time to provide the monies described in subparagraphs 2.Q. and

5 2.R., this AGREEMENT shall become null and void and the AUTHORITY and AUTHORITY

6 MEMBERS shall not be required to comply with any further reductions in pumpage through

7 December 31, 2010 except as specified as above in subparagraph 2.Q.

8 S. The DISTRICT's performance and payment obligations for each fiscal year are

9 contingent upon the annual appropriation of the amount required by its Governing Board; provided

10 the foregoing shall not be construed to apply to amounts held by the Trustee or amounts available

11 to be drawn under the Credit Facility described above.

12 3. RECOVERY PLAN

13 A. Appropriate provisions of this AGREEMENT shall constitute part of the

14 DISTRICT'S recovery strategy for the Northern Tampa Bay area as provided for in 373.0361,

15 373.0421(2), 373.0831 and 373.1963, F.S. More specifically, as part of the DISTRICT's phased

16 recovery strategy for the Northern Tampa Bay area, the AUTHORITY and AUTHORITY

17 MEMBERS agree that by December 31, 2002, the total annual average daily quantity permitted for

18 withdrawal from the eleven listed wellfields shall be one hundred twenty-one (121) mgd, and by

19 December 31,2007, the total annual average daily quantity permitted for withdrawal from the eleven


1









DRAFT
January 22, 1998

1 listed water facilities shall be ninety (90) mgd. The eleven wellfields are listed on Exhibit 1 attached

2 hereto.

3 B. By December 31, 2002, and thereafter, the combined production from the eleven

4 listed well fields shall not exceed 121 mgd on an annual average basis. By December 31, 2007, and

5 thereafter, the combined production from the eleven listed well fields shall not exceed 90 mgd on

6 an annual average basis. Upon the effective date of this AGREEMENT, the AUTHORITY and

7 AUTHORITY MEMBERS shall operate the eleven listed well fields in a manner that minimizes

8 their combined annual average production by utilizing other available regional supply sources to the

9 extent practical.

10 C. With the intent to clarify and constrain operational practices for the eleven listed well

11 fields, the AUTHORITY shall submit to the DISTRICT by July 1, 1998, an OPERATIONS PLAN

12 that describes how the AUTHORITY shall operate the interconnected system including the eleven

13 listed well fields in order to ensure environmental stresses are minimized in the vicinity of those well

14 fields. Said OPERATIONS PLAN shall be subject to the review and approval of the DISTRICT and

15 to any required permitting or permit modification. The OPERATIONS PLAN may be amended

16 from time to time subject to the review and approval of the DISTRICT, including, but not limited

17 to when additional waters supply capacity is added to the interconnected system.

18 D. As an additional effort to reduce environmental stresses, at any time prior to the dates

19 for reduction of pumpage in subparagraph 1.B. as any new water supply facilities are added to the

20 AUTHORITY's interconnected regional system (whether from PROJECTS or not), a minimum of










DRAFT
January 22, 1998

1 50% of the average annual permitted capacity from such new facilities shall be used to reduce

2 production from the eleven listed well fields. Said reduction may be greater and shall be determined

3 at or prior to the time the new facility is placed in operation. Said determination shall be based on

4 the current and projected demand. The reduction among the eleven listed well fields shall be such

5 that of that reduction is achieved at well fields located within Pasco County and of that

6 reduction is achieved at well fields located within Hillsborough County, on an annual basis. Said

7 reductions shall be subject to approval by the DISTRICT. Further, the OPERATIONS PLAN when

8 adopted shall control but shall be consistent with the reductions required in this subparagraph and

9 must meet or exceed the performance standards contained in this subparagraph.

10 E. Since this AGREEMENT contemplates the Hillsborough River as part of the regional

11 water supply system, the DISTRICT agrees to continue to rulemaking under Chapter 120, Florida

12 Statutes, and has proposed the following minimum flows for the Hillsborough River, as published

13 in the Florida Administration Weekly on September 19, 1997:

14 "(1) Minimum Flows For the Lower Hillsborough River

15 (a) For the purposes of Minimum Flows, the Lower Hillsborough River is defined

16 as the river downstream of Fletcher Avenue. The Lower Hillsborough River includes Sulphur

17 Springs, an artesian spring that enters the river via a short spring run located 2.2 miles downstream

18 of the Hillsborough River.

19 (b) The Minimum Flow for the Lower Hillsborough River at the base of the City

20 of Tampa's dam shall be ten (10) cubic feet per second (cfs) when the surface water elevation at


_I










DRAFT
January 22, 1998

1 USGS gauge 02304500 is at or above 20.0 feet NGVD and 0.0 cfs when the surface water elevation

2 is below 20.0 feet NGVD. This Minimum Flow has been determined based on the structural

3 alterations in and along the River and the dependence of viable ecological communities downstream

4 of the dam with flows from the Hillsborough River Reservoir and Sulphur Springs. The City of

5 Tampa may meet this flow requirement by diverting flow from Sulphur Springs or the Reservoir.

6 The required flows will become effective January 1, 1999.

7 (c) The District will establish a Minimum Flow for Sulphur Springs in the future.

8 As part of that process the District will evaluate the extent to which flows from Sulphur Springs are

9 available to supplement the Minimum Flow for the Hillsborough River at the base of the City of

10 Tampa's dam."

11 Subject to all the procedural requirements of Chapters 120 and 373, Florida Statutes, except

12 as specifically set forth herein and without prejudice to any person's or party's rights under these

13 chapters the DISTRICT agrees to move expeditiously to adopt a minimum flow on the

14 Hillsborough River.

15 4. PERMIT.

16 A. The parties hereto agree that a consolidated water use permit covering all of the well

17 fields listed on Exhibit 1 that provide water to the AUTHORITY (the CONSOLIDATED PERMIT)

18 would be beneficial. In order to have the CONSOLIDATED PERMIT the DISTRICT,

19 AUTHORITY, HILLSBOROUGH COUNTY, PASCO COUNTY, PINELLAS COUNTY and ST.

20 PETERSBURG agree to incorporate the terms and conditions of individual water use permits for










DRAFT
January 22, 1998

1 the South Pasco, Cosme-Odessa, Section 21 and Northwest Hillsborough well fields into the

2 CONSOLIDATED PERMIT. It is the intent of the parties that the CONSOLIDATED PERMIT will

3 be done pursuant to a Final Order of the DISTRICT and will not create a new point of entry to

4 challenge the terms and conditions governing the South Pasco, Cosme-Odessa, Section 21 and

5 Northwest Hillsborough wellfields. However, it is not the intent of the parties hereto to limit or

6 restrict in any way a substantially affected party's rights under Chapter 120, Florida Statutes, as to

7 the terms and conditions of the CONSOLIDATED PERMIT as it relates to the well fields other than

8 South Pasco, Section 21, Cosme-Odessa and Northwest Hillsborough Regional.

9 B. The DISTRICT, AUTHORITY, HILLSBOROUGH COUNTY, PASCO COUNTY,

10 PINELLAS COUNTY, and ST. PETERSBURG, subject to the effectiveness of this AGREEMENT

11 under paragraph 16; the implementation of all requirements of the Interlocal Agreement defined in

12 that paragraph including, but not limited to, the passage of the proposed legislation and the

13 implementation of the transfers of property and responsibility to the AUTHORITY in substantially

14 the form as presented in the January 1998 "Governance Report for the Florida Legislature"; and, the

15 issuance of the final CONSOLIDATED PERMIT as herein defined, will voluntarily agree and

16 stipulate to settle all issues in DOAH Case Nos. 95-1520, 95-1521, 95-1522, 95-1523, 95-1525, 95-

17 1526, 95-1527 and 95-1528 and will, when all requirements of this subparagraph have been met,

18 execute the Stipulation And Settlement Agreement in the form attached as Exhibit 7 (such events

19 collectively constituting for purposes of this paragraph the Contingencies"). The parties agree

20 to bear all of their own costs and fees related to these cases.


I









DRAFT
January 22, 1998

1 C. Consistent with the terms and conditions of this AGREEMENT, the DISTRICT

2 hereby gives notice of its intention upon completion of the Contingencies to issue the Consolidated

3 Permit for all of the well fields listed on Exhibit 1. A copy of the proposed permit is attached as

4 Exhibit 5. After the issuance of the CONSOLIDATED PERMIT, in the event of an irreconcilable

5 conflict between the terms of this AGREEMENT and the CONSOLIDATED PERMIT, the

6 AGREEMENT shall control.

7 D. Until such time as the CONSOLIDATED PERMIT is issued and becomes final, the

8 involved parties agree to extend all applicable time limits for action on permits for the Section 21,

9 Cosme-Odessa, Northwest Hillsborough, South Pasco, Cross Bar, North Pasco, Starkey and Cypress

10 Bridge wellfields

11 E. In connection with the transfer of assets contemplated by paragraph 16 of the

12 Interlocal Agreement the DISTRICT, the AUTHORITY and any involved AUTHORITY

13 MEMBERS agree to amend any existing agreements involving particular well fields or facilities

14 to allow the transfer of any assets required to be transferred under the Interlocal Agreement and to

15 allow the operation of the well fields or facilities by the AUTHORITY.

16 F. If, through no fault of the parties, the DISTRICT fails to issue a CONSOLIDATED

17 PERMIT ( that is, as defined above, a permit substantially consistent with Exhibit 5), this

18 AGREEMENT shall be null and void.

19 5. LAND ACQUISITION.










DRAFT
January 22, 1998

1 A. By [DATE], and upon the request of ST. PETERSBURG, the DISTRICT and ST.

2 PETERSBURG shall endeavor to negotiate in good faith agreements for the acquisition of fee simple

3 title to the Weeki Wachee Springs property owned by ST. PETERSBURG. The DISTRICT shall

4 request Conservation and Recreation Lands (C.A.R.L.) funds for the acquisition of the property in

5 the amount not to exceed the amount set forth in Exhibit 6 subject to applicable C.A.R.L. and

6 statutory requirements and availability of funds.

7 6. CONSERVATION AND REUSE

8 A. The AUTHORITY's current Master Water Plan indicates an aggressive conservation

9 and demand management program is an integral component of a sustainable water supply. The

10 Master Water Plan provides that the conservation program is expected to reduce use by 10 mgd

11 (annual average) by 2000 and 17 mgd (annual average) by 2005. These reductions are reflected

12 in AUTHORITY'S projected water needs and would contribute to a reduction in per capital use. The

13 AUTHORITY and AUTHORITY MEMBERS shall continue the development and construction of

14 conservation and reclaimed water projects, and shall annually report, as part of the report required

15 by subparagraph 2.L., on the status of such project.

16 B. The DISTRICT, in conjunction with the appropriate basin boards, shall collectively

17 continue to fund, to the extent authorized by law, approximately nine million dollars ($9,000,000.00)

18 per year for conservation and reclaimed water projects that effectively reduce potable water use.

19 This collective funding shall be continued for ten (10) years and shall be provided to the


1










DRAFT
January 22, 1998

1 AUTHORITY, AUTHORITY MEMBERS and other local governments in Hillsborough, Pasco and

2 Pinellas Counties on a 50/50 cost sharing basis.

3 C. The AUTHORITY MEMBERS shall remain responsible for compliance with the

4 WUCA rule including Basis of Review Sections 7.3.1.1, 7.3.1.2. and 7.3.1.3.

5 7. ADDITIONAL FUNDING

6 A. The AUTHORITY and DISTRICT shall jointly and cooperatively approach the

7 Florida Legislature and U.S. Congress to seek additional funding for construction of water supply

8 facilities and land acquisition, but such funding shall not be a condition precedent to the

9 effectiveness of the AGREEMENT.

10 8. ALTERNATIVE DISPUTE RESOLUTION AND ADMINISTRATIVE PROVISIONS.

11 A. As an alternative to the high cost of administrative proceedings, litigation and

12 appeals, the DISTRICT and the AUTHORITY shall investigate the identification or establishment

13 of a scientific consensus process in conjunction with establishment of a Water Consortium as set

14 forth herein. Within 90 days after the effective date of this AGREEMENT, the DISTRICT and

15 AUTHORITY shall consider establishment of a Water Consortium within the Environmental

16 Science and Policy Program of the University of South Florida. This Water Consortium shall be an

17 independent entity which will review scientific issues related to water sources, as may be jointly

18 requested by the parties in order to minimize the conflicts between the AUTHORITY and

19 DISTRICT and reduce or eliminate any need for further costly litigation.










DRAFT
January 22, 1998

1 B. The parties agree that nothing herein shall be construed to modify any existing rules

2 or orders, including permits, of the DISTRICT except for those permits which shall be consolidated

3 into the CONSOLIDATED PERMIT to be issued pursuant to this AGREEMENT. All new rules

4 or orders or changes or amendments to existing DISTRICT rules and orders shall be subject to all

5 the requirements of Chapter 120, Florida Statutes and Chapter 373, Florida Statutes.

6 C. The DISTRICT and the AUTHORITY agree to resolve any disputes related to the

7 interpretation, obligations or performance of this AGREEMENT, including but not limited to the

8 DISTRICT's approval of the PHASE I PLAN, the PHASE II PLAN and OPERATIONS PLAN in

9 the manner described in this subparagraph. Either party may initiate the dispute resolution process

10 by providing written notice of the issue or issues raised and the complaining party's position on it

11 to the other party. After transmittal and receipt of a notice specifying the area or areas of

12 disagreement, the parties agree to meet at reasonable times and places, as mutually agreed upon, to

13 discuss the issues. If discussion between the parties fails to resolve the dispute within thirty (30)

14 days of the initial written notice, the parties shall appoint a mutually acceptable third party to act as

15 a mediator. Such mediator shall be appointed by letter signed by both parties. In such mediation

16 the parties shall bear their own fees and costs. The mediation contemplated by this subparagraph is

17 intended to be an informal and non-adversarial process with the objective of helping the parties reach

18 a mutually acceptable and voluntary agreement. The decision-making shall rest solely with the

19 parties, the mediator shall assist the parties in identifying issues, fostering oint problem-solving and

20 exploring settlement alternatives. If the parties are unable to reach a mediated settlement within


1 _










DRAFT
January 22, 1998

1 sixty (60) days of the mediator's written appointment, either party may terminate the settlement

2 discussions by written notice to the other party. In such event, either party may initiate litigation or

3 petition for an administrative hearing to the extent authorized by law within thirty (30) days of the

4 notice terminating the settlement discussions. Failure by the party initiating the dispute to

5 commence litigation or to file a petition requesting an administrative hearing within the thirty (30)

6 day period shall be deemed to constitute an acceptance of the interpretation or performance of the

7 other party.

8 9. FUNDING. Pursuant to various paragraphs and subparagraphs in this AGREEMENT, the

9 DISTRICT, in some instances in conjunction with appropriate basin boards and the State of Florida,

10 is to provide funds for PROJECTS (see subparagraph 2.K.), real property (see paragraph 5.A.) and

11 conservation and reclaimed water projects (see subparagraph 6.B.) Availability of this funding is

12 subject to all approvals and requirements of applicable law.

13 10. LAW COMPLIANCE. Each party shall comply with all applicable federal, state and local

14 laws, rules, regulations and ordinances relative to performance under this AGREEMENT.

15 11. ASSIGNMENT. No party may assign or transfer its rights or obligations under this

16 AGREEMENT.

17 12. THIRD PARTY BENEFICIARIES. Nothing in this AGREEMENT shall be construed to

18 benefit any person or entity not a party to this AGREEMENT.

19 13. MODIFICATIONS. This AGREEMENT constitutes the entire AGREEMENT between the

20 parties and may be amended only in writing, signed by all parties to this AGREEMENT.










DRAFT
January 22, 1998

1 14. DOCUMENTS: The following documents are attached and made a part of this

2 AGREEMENT.

3 Exhibit #1 List of Water Facilities

4 Exhibit #2 New Water Sources Funding Agreement

5 Exhibit #3 Funding Criteria

6 Exhibit #4 SWFWMD Annual Funding

7 Exhibit #5 form of CONSOLIDATED PERMIT

8 Exhibit #6 Ownership, Acreage and Valuations

9 Exhibit #7 Stipulation And Settlement Agreement

10 In the event of a conflict between the terms of this AGREEMENT and an Exhibit, priority

11 shall first be given to the language in the body of this AGREEMENT, then to the exhibits.

12 15. LIMITATION OF LIABILITY.

13 A. No party hereto nor its board members, elected officials, attorneys, directors, officers,

14 employees, agents or representatives shall be liable to any other party or its board members, elected

15 officials, attorneys, directors, officers, employees, agents or representatives for any monetary

16 damages or costs including but not limited to indirect, incidental, special, consequential or punitive

17 damages, however caused, whether in contract, tort, strict liability, warranty or otherwise, arising

18 out of or relating to the performance or failure to perform under this AGREEMENT; provided,

19 however, the parties agree that the terms of this AGREEMENT shall be solely and exclusively

20 enforceable by an action for specific performance against another party, unless a party's failure to


1









DRAFT
January 22, 1998

1 perform results from, or is due to, the requirements of law or the action of any person, organization

2 or entity that is not a party to this AGREEMENT.

3 B. Nothing contained in this AGREEMENT is intended, nor shall the same be construed,

4 to release the AUTHORITY or AUTHORITY MEMBERS, in whole or in part, from responsibility

5 for mitigating all past, present and future adverse environmental impacts, if any, resulting from

6 ground or surface water withdrawals at the facilities which would be covered by this AGREEMENT.

7 Nothing contained in this AGREEMENT is intended, nor shall the same be construed, to admit any

8 liability of the AUTHORITY or AUTHORITY MEMBERS.

9 16. EFFECTIVE DATE. This AGREEMENT shall become effective when approved by all

10 parties and when all AUTHORITY MEMBERS have executed the voluntary interlocal agreement

11 provided for in 373.1963(1), F.S. (as amended by Chapter 97-160, Laws of Florida), but in any

12 event no later than [ DATE] In the event the AUTHORITY MEMBERS have failed to execute

13 the voluntary interlocal agreement by (DATE) this AGREEMENT shall be void and of no effect.

14 17. EXTENSION OF TIME. The time for performance by any party hereto of any obligation

15 required of it by this AGREEMENT may be extended upon strict compliance with the provisions

16 of this paragraph.

17 A. The time for performance of an obligation required of a party may be extended only

18 if the party seeking the time extension is prevented from timely fulfilling an obligation required of

19 it under this AGREEMENT due to a judicial or administrative proceeding or the failure of the

20 DISTRICT to propose agency action on permit applications for development of new water supply










DRAFT
January 22, 1998

1 facilities filed by the AUTHORITY under paragraph 2 of this AGREEMENT in a timely manner.

2 In the case of an obligation of the DISTRICT, the time for performance by the DISTRICT may be

3 extended based upon the failure of the AUTHORITY or any AUTHORITY MEMBER to perform

4 any obligation or file any document including, but not limited to plans, permit applications or related

5 documents required under this AGREEMENT.

6 B. A party seeking an extension of time for performance of any obligation under this

7 AGREEMENT shall notify all other parties of its intention to obtain such time extension as soon as

8 such party becomes aware of an administrative orjudicial proceeding, or permit application review

9 delay, which might constitute a basis for a time extension so that all other parties hereto may take

10 appropriate action to protect their interests in this AGREEMENT. Further, such party seeking the

11 extension shall timely and diligently pursue all remedies to successfully resolve the proceeding, or

12 permit application review delay, which is the basis for the extension, and shall cooperate fully with

13 all other parties hereto in seeking such resolution so that such parties' delay in performance may be

14 minimized. Further, a party which becomes aware of facts which might later reasonably result in

15 a basis for a time extension shall immediately notify all other parties hereto of such facts and

16 cooperate fully with all other parties hereto in seeking to resolve the matter so that no extension is

17 required.

18 C. A party shall be entitled to an extension of time for the performance of an

19 obligation hereunder only for such time as is required to resolve the proceeding or delay in review

20 of permit application, giving rise to the time extension so that the party may then perform their










DRAFT
January 22, 1998

1 obligation. Such party in its initial notice under subparagraph 14.B. shall in good faith estimate the

2 amount of time by which its performance must be extended and shall revise such estimate and

3 provide notice thereof to all parties hereto as required by subsequent events so that all parties hereto

4 are at all time kept fully informed. The time for performance of obligations of any party to this

5 AGREEMENT which is dependent upon an obligation of another party for the performance of which

6 time has been extended hereunder shall be automatically extended for an equal period of time.

7 18. GOVERNING LAW. This AGREEMENT shall be governed by and construed in accordance

8 with the laws of the State of Florida.

9 19. TIME. Time is of the essence in this AGREEMENT.

10 20. DISTRICT'S REGULATORY AUTHORITY. Notwithstanding any language contained

11 herein, this AGREEMENT shall not be construed to limit the regulatory authority of the DISTRICT

12 in the event this AGREEMENT is rendered null and void.

13 21. EXPIRATION DATE. This AGREEMENT shall expire on December 31, 2010.

14 22. TERMINATION. This AGREEMENT shall terminate immediately if any of the following

15 occur: (1) except as provided for in subparagraph 2.Q., any party hereto breaches any material

16 provision of this AGREEMENT; (2) the voluntary interlocal agreement provided for in

17 373.1963(1), F.S. (as amended by Chapter 97-160, Laws of Florida), that reorganizes the

18 AUTHORITY is terminated; (3) the DISTRICT fails to render a final order approving the

19 CONSOLIDATED PERMIT substantially consistent with the form described in subparagraph 4.C.

20 and attached as Exhibit 5 ; (4) the PHASE I PLAN and PHASE II PLAN are not approved by the










DRAFT
January 22, 1998

1 District on or before [DATE]; and (5) the OPERATIONS PLAN is not approved by the District on

2 or before [DATE]. Should this AGREEMENT terminate under this paragraph, then all permits

3 approved pursuant to this AGREEMENT shall also terminate after a period of six (6) months. The

4 Authority shall file all necessary applications to modify or replace such permits in keeping with

5 applicable law within that six-month period.

6 23. EMERGENCIES. Nothing herein shall be construed to limit the DISTRICT's authority

7 to respond to emergencies.

8 24. COMPLIANCE WITH APPLICABLE LAW. Nothing herein shall be construed to

9 require any party hereto to act in a manner contrary to applicable law nor limit the authority of any

10 party under applicable law except as specifically stated herein. No party shall be considered to be

11 in default under this AGREEMENT if a party is required to take, or refrain from taking, some action

12 required by law that is, or may be, inconsistent with this AGREEMENT.

13 25. NON-WAIVER. Except to the extent specifically waived herein, nothing in this

14 AGREEMENT shall constitute a waiver by any of the parties hereto of any rights they may have

15 under Chapters 120 and 373, Florida Statutes. Further, nothing in this AGREEMENT shall be

16 construed to limit or waive the rights of any non-party under Chapters 120 and 373, Florida Statutes.

17 26. DISMISSAL OF ACTIONS. In addition to the voluntary dismissal of the DOAH cases listed

18 in paragraph 4.B. and subject to the contingencies therein, the appropriate parties hereto agree to

19 voluntarily dismiss the case of:


I









DRAFT
January 22, 1998

1 Pinellas County, Florida v. Southwest Florida Water Management District, et al., Case No.

2 97-00767, in the Fifth District Court of Appeal.

3 Further, the parties hereto agree that they will not file any rule challenges under Chapter 120,

4 Florida Statutes, of the amendments to Chapters 40D-2, 40D-4, 40D-8 and 40D-80, Florida

5 Administrative Code, that are consistent with this AGREEMENT.

6 27. RULE WAIVER/VARIANCE. In order to effectuate the terms and conditions of this

7 AGREEMENT it is necessary for the DISTRICT to waive or grant variances to its rules. Set out

8 below are the rules for which waivers or variances are necessary:

9

10 [INSERT LIST}

11

12 Within thirty (30) days of the effective date of this AGREEMENT, the AUTHORITY shall file a

13 petition pursuant to 120.542, Florida Statutes, requesting such waivers and variances.

14










DRAFT
January 22, 1998

1 IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed this

2 AGREEMENT on the day and year set forth next to their signature below.
3
4
5
6 WEST COAST REGIONAL WATER
7 SUPPLY AUTHORITY


Chairman


14
15 ATTEST:
16
17
18 Clerk


HILLSBOROUGH COUNTY, FLORIDA


Chairman
Board of County Commissioners


ATTEST:


28 Clerk
29


PASCO COUNTY, FLORIDA


Chairman
Board of County Commissioners


ATTEST:










DRAFT
January 22, 1998


Clerk


PINELLAS COUNTY, FLORIDA


Chairman
Board of County Commissioners


ATTEST:


Clerk


CITY OF TAMPA, FLORIDA


Mayor


ATTEST:


Clerk


CITY OF NEW PORT RICHEY


Mayor


ATTEST:









DRAFT
January 22, 1998


Clerk


CITY OF ST. PETERSBURG


Mayor


ATTEST:


Clerk


SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT


Chairman


ATTEST:


Secretary
Tampa bay (leg. version) 01/02/98




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