Title: Letter enclosing draft copy of an agreement
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00051724/00001
 Material Information
Title: Letter enclosing draft copy of an agreement
Alternate Title: Letter enclosing draft copy of an agreement to bring about acquisition and development of the first regional well field.
Physical Description: 3p.
Language: English
Publication Date: Nov. 29, 1972
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 3, Folder 6A ( WEST COAST REGIONAL WATER SUPPLY AREA B3F6 ), Item 59
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051724
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

It would seem also that t-lis sl'edge) haniii-! ri approach
is unnececssary insofar as the water users are concc,,rncd, since
it is a much simpler approach for each governmcntal unit to
buy a wellfield, which customarily consists of allppr-oximately
1000 acres, and develop it on its own. The regional wellfield.
concept could be fully developed by the control and direction
of Southwest Florida Water Management District as to how much
can be taken by whom and where are the wells Lo be placed.
In my opinion Lhe only advantage this agreement could have over
the governmental units moving in concert to acquire their own
well sites, is that it would provide funds for flood control
for Hillsborough. Obviously this is not the concern of the
taxpayers of the City of St. Petersburg or even of Pinellas


copy furnished:
R. E. Harbaugh, City Mgr
Lloyd A. Dove, Pub Wks Admin.

5, r
/I 48

Novc-mbc er 10, 1.972

TO: Honorable Herman W. Goldner, Mayor

FROM: Carl R. Linn, Chief Assistant City Attorney

RE: S.W.F.W.M.D. Proposed Regional Agreement

The proposed multi-party agreement for the S.W.F.W.M.D.
acquisition of lands in the Cypress Creek area has been ex-
ami-ned and appears to have serious drawbacks both legal and
practical. Page 3 of said document recites the multiple pur-
poses of said land acquisition: "a regional well-field, flood
detention area, natural wilderness park and recreation park.
In mvy opinion, since the proposal targets approximately 22
square miles of land, the predominate purpose of this contract
-is flood control for the Hillsborough River Basin area. If
this assumption is factually correct, this contract would be
illegal as not a sufficient "municipal purpose"1 to enable the
City to contribute money for this purpose. Gate City Garage
vs City of Jacksonville, 66 So..2d, 653, is typical of many de-
cisions which define municipal purpose. These decisions uni-
versally prohibit expenditure of municipal funds for a purpose
which is not overwhelmingly predominately municipal in nature.

The practical drawbacks are rather obvious. The City
now has an existing wcllficld in the area for which it paid
approximately half a million dollars and from which it may now
draw as much or more water as would be available under the
joint use plan. The joint use plan would cost a minimum of
five times more and probably provide less water. Other prac-
tical drawbacks are the fact that even after the initial con-
tribution is made the proposed agreement provides that the dis-
trict may come back and demand within a short period of time
new deposits from the City and other signatories which could
result in an intolerable financial burden for participating
communities. Obviously with rising property costs the acquisi-
tion of approximately 22 square miles of land, much of which
land is developed into residential areas, might surprise the
district and cost many times what they now contemplate.


, .* ,, K /

......... ... i ....- I c 0. ^ i

St.^s 11 Or ^ ]Florid a ( 7,5/.,/e c Q Bo. 2842
~r~ ii. :8:-'C3; ~; C 4T~ .. ,H ... 617 .~ lo~ T(i Sl/nshine City---, O. fox 28.,,
.F.. ...rom the Office of the Mayor

November 29, 1972
-.- 3 O il "
93 172 1

Mr. Donald R. Feaster, PE.
Acting Executive Director
South-west Florida Water
Maiagement District
PO Box 457
Brooksville, Florida 33512

Dear Mr. Feaster:

Upon reeipt Fof your letter of October 26th enclo.sin draft
copy of an ,rce0'nft to bring about acquisition a.nd develop-I
ment of the first regional well field, I asked our Legal
Department for an opinion as I had some serious reservations
about the agreement as drawn. Enclosed is a copy of their
report which has been awaiting my return to the office after
recent minor surgery. I concur with Mr. Linn's opinion.

Please note that I, personally, endorse the concept of
regional well fields and hope that a more practical and legal
way of accomplishing this can be found.


Herman V7. Goldner


.. *

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