Loading...
July 12, 1993GOV 08 -22 July 12, 1993 South Florida Water Management District 3301 Gun Club Road P.O. Box 24680 West Palm Beach, FL 33416 -4680 (407) 686.8800 FL WATS 1- 800 -432 -2045 The Honorable Charles Harvey, Chairman Okeechobee Board of County Commissioners 304 Northwest Second Street, Room 106 Okeechobee, FL 34972 Dear Chairman Harvey: Subject: Lake Okeechobee Regional Utility Authority We are currently in the process of amending contract #C -3233 between the SFWMD and Okeechobee County to reflect a more realistic schedule of milestones and deliverables. At the request of the County, we are including in the amendment an appraisal of the City of Okeechobee Utility System which is an additional task and deliverable. We recognize that an appraisal of the City system is necessary if a utility authority which includes the City is to be formed, and have, therefore, agreed that the contract should be amended to include it. However, it is also essential that there is agreement, together with the City, on how this appraisal is to be used to start a good faith process which can fulfill the contract requirements. It is understood that the City and County have together accepted the consultant and the scope of work for the appraisal. Also, at their last joint meeting, all of the council and commission stated that they continued to be interested in pursuing the development of a regional utility authority. Therefore, it is requested that the City and County provide assurance to the South Florida Water Management District that they will accept the findings of the appraisal and will use those findings as the basis for a good faith effort to reach agreement regarding the development of a regional utility authority. I hope that this represents the intentions of the two parties and that we can expeditiously proceed. In an effort to help facilitate this process, I have enclosed a working draft of an interlocal agreement that can be used to start the discussions. County and City representatives agreed to review the document at the June 22, 1993 REDI Infrastructure meeting. We would hope that a joint review of this draft will begin immediately. I am available to discuss the document at the request of any of the involved parties. Governing Board: Valerie Boyd, Chairman Frank Williamson, Jr., Vice Chairman Annie Betancourt William Hammond Betsy Krant Allan Milledge Eugene K. Pettis Nathaniel P. Reed Leah G. Schad Tilford C. Creel, Executive Director Thomas K. MacVicar, Deputy Executive Director Mr. Charles Harvey July 12, 1993 Page 2 We all have a unique opportunity to work together toward a utility system for your area which will yield great benefits for the local citizens in the future. Cooperation between governmental entities in this case has the potential to resolve conflicts and problems faced in the past, create new and increased opportunities for State and Federal funding for infrastructure development in the local community, and also to enhance the resource while providing efficient and cost effective utility service. I look forward to hearing from you. Please let me know your questions or comments. Sincerely, M s. Kf mball Love Governmental Representative Office of Government and Public Affairs South Florida Water Management District KL Enclosures (1) c: Christopher Chinault, County Administrator, County of Okeechobee, with attachment Steve Porter, Commissioner, County of Okeechobee, with attachment Susan Hughes, Commissioner, County of Okeechobee, with attachment Tommy Close, Commissioner, County of Okeechobee, with attachment Cliff Betts, Commissioner, County of Okeechobee, with attachment John Drago, City Administrator, City of Okeechobee, with attachment James Kirk, Mayor, City of Okeechobee, with attachment Jerry Walker, Councilman, City of Okeechobee, with attachment Dowling Watford, Councilman, City of Okeechobee, with attachment Danny Entry, Councilman, City of Okeechobee, with attachment Mike O'Connor, Councilman, City of Okeechobee, with attachment Frank Williamson, Governing Board Member, SFWMD, with attachment Board of County Commissioners July 8, 1993 Ms. Kimball Love Governmental Representative Office of Government and Public Affairs South Florida Water Management District 3301 Gun Club Road P.O. Box 24680 West Palm Beach, FL 33416 -4680 Dear Ms. Love: Okeechobee County The Board of County Commissioners this afternoon discussed your July 6, 1993, letter regarding the appraisal of the City's Utility System. As you know this Board has long supported the need for a unified utility authority and obtaining an appraisal toward accomplishing that objective. Therefore, we have no problem conveying to you that this Board intends to accept the findings of the appraisal and use this appraisal as the basis for a good faith effort to reach agreement regarding the development of a regional utility authority. The Board was unanimous in adopting this position. Sincerely, BOARD OF COUNTY COMMISSIONERS OF OKEECHOBEE COUNTY, FLORIDA Charles W. Harvey, Chair r na ii iiiiiiiiiiiiii ii SEA L 1917 304 N.W. 2nd Street, Room 106 OKEECHOBEE, FLORIDA 34972 (813) 763 -6441 Fax 763 -9529 Susan B. Hughes Tommy Close Clif Betts, Jr. Stephen Porter Charles W. Harvey Christopher W. Chinault District 1 District 2 District 3 District 4 District 5 County Administrator July 6, 1993 DRAFT INTERLOCAL AGREEMENT CREATING THE LAKE OKEECHOBEE REGIONAL UTILITY AUTHORITY This Interlocal Agreement made and entered into will become effective on the day of 1993, by and between the COUNTIES OF OKEECHOBEE AND GLADES, each of which is a political subdivision of the State of Florida, hereinafter referred to as "County" or Counties and the CITY OF OKEECHOBEE, which is a political subdivision of the State of Florida, hereinafter referred to as "City pursuant to Article VIII of the Constitution of the State of Florida. WITNESSETH: WHEREAS, the CITY OF OKEECHOBEE and the COUNTIES OF OKEECHOBEE AND GLADES find it in the public interest and welfare to enter into an Interlocal Agreement creating the LAKE OKEECHOBEE REGIONAL UTILITY AUTHORITY; and WHEREAS, the South Florida Water Management District has recommended, with the concurrence of the Counties and City that a regional and area -wide approach to water supply and wastewater treatment and disposal is in the best interest of the citizens of this area; and WHEREAS, the Counties and City which are the parties to this Agreement wish to set forth certain agreements among themselves with respect to the creation of a regional utility authority pursuant to the provisions of Section 163.01, Florida Statutes; and Lake Okeechobee Regional Utility Authority July 6, 1993 Page 2 WHEREAS, it is recognized and found by the Counties and the City that provisions for water supply and wastewater treatment and disposal needs and protection of water resources can best be accomplished by forming a regional and area -wide utility authority whose primary function shall be to ensure future water supply and wastewater treatment and disposal and the development, recovery, storage and supply of water resources for county or municipal purposes in such a manner as will give priority to encouraging conservation and reduction of adverse environmental effects of excessive or improper withdrawals of water from concentrated areas as well as the proliferation of septic tanks, package plants, and improper wastewater disposal; NOW, THEREFORE, it is agreed as follows: 1. PURPOSE To provide a cooperative effort of the parties hereto to meet the water utility needs of the urbanizing areas of Okeechobee and Glades Counties in a manner which will supply adequate and dependable supplies and treatment of water where needed without resulting in adverse effects upon the areas from where such water is withdrawn and for the parties hereto to have the primary responsibility for water and wastewater treatment and disposal. 2. DEFINITIONS Ouorum: A majority of the full membership of the Authority established by this Interlocal Agreement. Lake Okeechobee Regional Utility Authority July 6, 1993 Page 3 Capital and Operational Expenses: All expenses related to personnel and staffing, construction or acquisition and operation of water supply, collection, distribution and/or treatment and associated planning and engineering studies. Administrative Costs: Costs incurred to properly manage the functions of the Lake Okeechobee Regional Utility Authority including, but not limited to, keeping of records, recording and distribution of minutes, meeting announcements and coordination of respective member -staff input. 3. FORMATION There is hereby established and created the Lake Okeechobee Utility Authority, hereinafter referred to as the "Authority." The Authority is created pursuant to Section 163.01, Florida Statutes and other applicable law. The membership of the Authority consists of the contracting parties hereto, except as may be amended pursuant to Paragraph 12 hereof. 4. TERRITORY The geographic territory of the Authority shall include all of the geographic area of Okeechobee County and that urbanized portion of Glades County, Florida, known as Buckhead Ridge. 5. AUTHORITY BOARD There is hereby created a governing body for the Authority to be designated as "The Lake Okeechobee Regional Utility Authority Board hereinafter called the "Authority Board or Board." The Authority Board shall be comprised of a total of five (5) members. Each County and City entity herein shall duly appoint one representative to the Authority Lake Okeechobee Regional Utility Authority July 6, 1993 Page 4 Board as a local government representative. Such appointment, at the discretion of the government entity, may be either a locally elected official or a citizen appointee. An alternate representative may also be appointed by each respective County and City and such alternates shall have the authority to vote in the absence of the primary local government representative. Two (2) additional "at large" members shall be appointed as Authority Board citizen representatives. The two (2) "at- large" citizen representatives shall first be appointed by the City and Okeechobee County. Beyond that selection, the two (2) "at large" members shall be appointed by two of the three local governments, making one appointment respectively, on a two year rotating basis in descending order as follows: A. Okeechobee City (1995) (1997) (2001) B. Glades County (1997) (1999) C. Okeechobee County (1995) (1999) (2001) Three (3) members of the Authority Board shall constitute a quorum and the vote of a majority of the members present shall be necessary for any Board action. All five (5) members of the Board shall have an equal voice and vote on all matters relating to Authority business. All powers, privileges and duties vested in or upon the Authority shall be executed and performed by and through its Board acting as a quorum; provided, however, that the exercise of any and all executive, administrative and ministerial powers may be delegated by said Board to any of its officers, staff, agents or designees. Any such delegation may be redelegated or withdrawn by the Board. The members of the Board shall serve for terms of two (2) years. An appointed local government representative member from the County or City shall serve at the pleasure of his Lake Okeechobee Regional Utility Authority July 6, 1993 Page 5 or her respective governing body. The citizen members of the Board shall serve at the pleasure of the government entity making such appointment as provided above, and any such citizen member may be so removed from membership, with or without cause by said government entity. The Board shall elect one of its members as chairman and one member as vice chairman. The chairman shall be elected for a term of one (1) year. If the chairman shall cease to be a member of the Board or shall for any reason not serve as chairman, a successor shall be elected for the unexpired portion of the term. The vice chairman shall be elected for a term of one (1) year. and shall assume all of the duties of the Chairman in his/her absence. The Board shall adopt rules and regulations for the conducting of its business. The rules shall, at a minimum, require all meetings of the Board to be conducted pursuant to the provisions of Chapter 286, Florida statutes (Florida Government in the Sunshine Law) and the keeping of public records in conformity with the Florida Public Records Law. Each member shall file a full and public disclosure of his financial interest pursuant to F.S. Chapter 112, as applicable. Members of the Board shall serve without compensation, but shall be reimbursed for per diem and travel in accordance with F.S. 112.061. 6. GENERAL POWERS OF AUTHORITY AND BOARD The Lake Okeechobee Regional Utility Authority, by and through its Board members, shall have the following rights, powers, and authority: Lake Okeechobee Regional Utility Authority July 6, 1993 Page 6 (a) To establish whatever rules, regulations, resolutions, by -laws, and organization necessary to perform the intended functions of the Authority; (b) The full and complete right to contract; (c) The authority to prescribe, fix, maintain, and regulate fees, charges, or rents for the use of any of its facilities or services by persons or things at the discretion of the Board. The Authority may levy special non -ad valorem assessments on benefitted properties. The method or methods for establishing and collecting non -ad valorem assessments, fees, or services shall be as provided to counties pursuant to F.S. Chapter 125, and cities pursuant to F.S. Chapter 166 and F.S. Chapter 170. The Authority may collect non -ad valorem assessments by using the procedures provided to local governments pursuant to F.S. Section 197.3631 and 197.3632. Said collection of non -ad valorem assessments shall be subject to all collection provisions of Chapter 197, Florida Statutes, to include issuance and sale of tax certificates and tax deeds for non payment. (d) The right to acquire land, submerged lands and properties or interests therein by purchase, gift, condemnation, or otherwise, and to hold or dispose of the same upon such terns and conditions as the governing body shall deem necessary and prudent and to improve such land or lands so acquired in any manner which promotes or has a tendency to promote the public good of the counties and which relate to the duties and authority herein. Lake Okeechobee Regional Utility Authority July 6, 1993 Page 7 (e) The right to apply for and receive consumptive water use permits. (f) The authority to borrow money, issue bonds and other types of securities, mortgage, pledge, or otherwise encumber any of its property or assets upon terms and be full and complete in all respects in order to promote, construct, accomplish, maintain, and operate any of the public purposes or projects herein enumerated. (g) The right to adopt and enforce reasonable rules and regulations or procedures pertaining to the use, acquisition, maintenance, development, operation, or disposal of any of the services, facilities, or projects herein enumerated or authorized, including the right to grant the use of goods and services. (h) The right to acquire, do, and perform all things herein enumerated separately or jointly or in conjunction with a municipality or other political subdivision of the state whether same is within or without the territorial limits of the Authority. (i) The authority to employ a staff and such other technical assistants and other employees as the Board shall determine to be necessary. 0) The right to conduct and pay for studies, plans, and designs to effectuate the purpose of the Authority, which action may include, but is not limited to, work Lake Okeechobee Regional Utility Authority July 6, 1993 Page 8 plans for supply of existing water supply and for expansion consistent with local government comprehensive plans, staffing plans, and financing plans. (k) To engage in Interlocal Agreements or contracts, if necessary, for supplying and treating water and wastewater. (1) To be the sole authority responsible to produce and supply water, collect, treat and dispose of wastewater on a regional and area -wide basis, engage in local distribution of water, and provide water on a wholesale basis. (m) To engage in agreements or contract with other public or private entities for provision of assistance in planning, financing, construction, operating, maintaining, and managing any and all facilities and services as determined appropriate and desirable by the Authority. (n) To secure funding and to contract for appropriate engineering and financial feasibility studies to evaluate the applicability of the Authority assuming a responsibility for the production and supplying of water as well as collection, treatment and disposal of wastewater on a regional and area -wide basis or to further effectuate the purposes of the authority. (o) To provide other services as may be agreed upon by the participating counties and cities through amendment of this Agreement. 7. FUNDING It is intended that funding of capital and operation expenses will be secured on a "user pay" basis. However, it is acknowledged that initial administrative costs may be obtained Lake Okeechobee Regional Utility Authority July 6, 1993 Page 9 from member governments as provided by the Authority by -laws, and that funds for initial feasibility studies and planning will be sought from participating member County and member Cities, and from the Department of Community Affairs, the South Florida Water Management District, and appropriate utilities and agencies. 8. EXISTING OPERATION The Counties or City which are a party to this Agreement shall have a preferential right to purchase water from the Utility Authority for use by the County or City. The Authority will provide water and wastewater services to its members. The Authority, if desired by the parties, will treat water to standards which are required to be compatible with the receiving members distribution system. 9. WITHDRAWAL FROM THE AUTHORITY The parties hereto recognize that a work plan for further implementation of the Authority is to be prepared and should be concluded for review within a period of approximately one (1) year to fifteen (15) months from the effective date of this Agreement. The parties agree not to withdraw from this Agreement during the period of work plan completion as provided herein. After said period of work plan completion the any County or City may withdraw from the Authority upon giving the other parties on hundred eighty (180) days prior written notice thereof. If a County or City does withdraw it shall continue to be responsible for any financial or contractual obligation it has specifically assume while it was a member of the Authority. 10. CONTINUED WELLFIELD OPERATION After the work plan is finalized and deemed acceptable to the parties hereto the parties Lake Okeechobee Regional Utility Authority July 6, 1993 Page 10 shall express an intent to transfer their existing wellfields and wastewater facilities in exchange for appropriate considerations, unless the party has proceeded to withdraw from the Authority pursuant to paragraph 9 hereof. 11. OBLIGATIONS Notwithstanding the foregoing provisions herein, authorization to proceed on capital, operational, and administrative expenses by the Authority shall require a majority vote of the quorum. Approved expenses shall then become an obligation of the Authority and not an obligation of any of the Authority's member governments unless specifically agreed to under separate agreement. 12. NEW MEMBERS Admission of new member Counties or Cities to the Authority shall require a majority vote of the quorum. 13. TECHNICAL ADVISORY COMMITTEE A Technical Advisory Committee may be established, to be comprised of one (1) member from each water and sewer utility participating in the funding of the initial feasibility studies. The membership may be expanded at any time at the discretion of the Authority. 14. AMENDMENT This Agreement setting forth the authority, rights, and powers of the Authority, may be amended by the proper execution of a supplemental amendment hereto by the official action of the local governments executing this Agreement as long as they remain subject to the terms and provisions hereof. Lake Okeechobee Regional Utility Authority July 6, 1993 Page 11 15. MINIMUM REOUIREMENTS In addition to the authority, powers, and functions provided elsewhere in this agreement the Authority shall have the following additional requirements, authority, and powers: (a) Per F.S. 189.415, as applicable, the Authority shall provide as a planning requirement a public facilities report in order to coordinate the activities of the Authority with local general purpose governments comprehensive plans., subject to the limitations in F.S. 189.4155, construction or expansion of a public facility, or major alteration which affects the quantity or quality of the level of service of a public facility, which is undertaken or initiated by the Authority shall be consistent with the applicable local government Comprehensive Plan adopted pursuant to Part II Chapter 163. (b) The Authority may issue bonds pursuant to the procedures and requirement of F.S. 163.01(7)(c)(d) and other applicable law. (d) The Authority may be dissolved as provided in F.S. 189.4043 and F.S. 189.4045. In addition, the Authority may be dissolved upon the adoption of a supplemental amendment hereto by the parties, providing for the dissolution of the Authority. (e) Any special assessments levied by the Authority shall constitute a lien upon the property so assessed from the date of confirmation of a resolution ordering the project and Lake Okeechobee Regional Utility Authority July 6, 1993 Page 12 shall be of the same nature and to the same extent as a lien for general county taxes falling due in the same year or years in which such assessment or installment thereof fall due. Said liens shall have the priority and be subject to the method of payment and legal proceedings for foreclosure as provided in F.S. Section 170.09 and F.S. Section 170.10. 16. BUDGET The fiscal year of the Authority shall be the same as the fiscal year of the Counties and City. By May 1st of each fiscal year of the Authority, the Authority Board shall adopt, by budget resolution, its tentative annual budget for the ensuing fiscal year and forward copies of same to the governmental bodies of the local governments representing the parties hereto. The proposed budget contained in such resolution shall include all anticipated expenditures of the Authority for all of its projects during the ensuing fiscal year, including operating expenses; capital outlays; payments for materials, labor, equipment, and supplies; payments of principal and interest on all outstanding bonds; and sinking fund and reserve requirements. The proposed budget shall provide for expenditures only to the extent of funds legally available to the Authority for such purposes and reasonablly anticipated revenues of the Authority and from requested county-wide per capita appropriations from the parties hereto, if any. The parties hereto shall have an opportunity to take considered action in approving or disapproving a request to provided for necessary per capita appropriations, if any. The Authority shall finalize and approve its final budget in a manner as provided by law for Cities and Counties. The parties may, by agreement, provide initial administration and start -up funding of Lake Okeechobee Regional Utility Authority July 6, 1993 Page 13 the Authority. No subsequent budget appropriation to the Authority from a party to this Agreement shall be effective until it has first been adopted by a three fifths vote of the full voting membership of the Authority Board and approved by the official action of the local government being a party hereto. Said appropriations may be reduced or eliminated for any stated or unstated period should other sources of revenue make it unnecessary to require appropriations. The budget and such other changes, amendments, or supplements as may be necessary to conduct the fiscal affairs of the Authority may be amended from time to time by action of the Board to include funds accumulated from time to time from sources other than local government appropriations. The budget may not be amended to increase the annual appropriation by a party hereto without meeting the same requirements for original adoption. Within ninety (90) days after the close of each fiscal year, the Authority Board shall cause to be made a comprehensive report of its operations and projects during the preceding fiscal year including, but not limited to, matters relating to rates, charges, revenues, expenses of maintenance, repair, operation and status of all funds. Copies of such report shall be filed with the secretary of the Authority and with each contracting party hereto. 17. EXECUTE IN COUNTERPART This agreement may be executed in counterparts and each fully executed counterpart shall be deemed an original. 18. SEVERABILITY A determination that a provision of this Agreement is illegal, void or unenforceable Lake Okeechobee Regional Utility Authority July 6, 1993 Page 14 shall not cause the entire Agreement to be voided unless the provision determined to be illegal, void,. or unenforceable is a provision relating to a significant item of consideration for the benefit of a contracting party. 19. LAWS OF THE STATE OF FLORIDA This Agreement shall be controlled and interpreted according to the laws, rules and regulations of the State of Florida. 20. NOTICES All Notices or other communications to be given hereunder, shall be in writing and shall be given when mailed by registered or certified United States Mail to: City of Okeechobee Glades County Okeechobee County Mr. John Drago Office of City Administrator 55 SE 3rd Avenue Okeechobee, Florida 34974 Mr. Don McKenna Office of the County Administrative Asst. P.O. Box 10 Moore Haven, Florida 33471 Mr. Christopher Chinault Office of the County Administrator 304 N.W. 2nd Street, Rm. 106 Okeechobee, Florida 34972 Lake Okeechobee Regional Utility Authority July 6, 1993 Page 15 21. EFFECTIVE DATE This Agreement shall become effective upon proper execution by the parties hereto. IN WITNESS WHEREOF, the Counties and Cities hereto have executed this Interlocal Agreement on the day and year below written. CITY OF OKEECHOBEE hereby affirms that, at a duly constituted meeting of the City Council, on the and the execution thereof by the CITY OF OKEECHOBEE and does hereby enter into this Agreement. ATTEST: day of 1993, it approved the terns of this Agreement CITY COUNCIL OF THE CITY OF OKEECHOBEE OKEECHOBEE, FLORIDA By: By: Clerk Chairman APPROVED AS TO FORM Attorney for the City of Okeechobee Lake Okeechobee Regional Utility Authority July 6, 1993 Page 15 21. EFFECTIVE DATE This Agreement shall become effective upon proper execution by the parties hereto. IN WITNESS WHEREOF, the Counties and Cities hereto have executed this Interlocal Agreement on the day and year below written. OKEECHOBEE COUNTY hereby affirms that, at a duly constituted meeting of the Board of County Commissioners, on the hereby enter into this Agreement. By: By: Clerk Chairman day of 1993, it approved the terns of this Agreement and the execution thereof by OKEECHOBEE COUNTY and does ATTEST: BOARD OF COUNTY COMMISSIONERS OF OKEECHOBEE COUNTY., FLORIDA APPROVED AS TO FORM Okeechobee County Attorney Lake Okeechobee Regional Utility Authority July 6, 1993 Page 15 21. EFFECTIVE DATE This Agreement shall become effective upon proper execution by the parties hereto. IN WITNESS WHEREOF, the Counties and Cities hereto have executed this Interlocal Agreement on the day and year below written. GLADES COUNTY hereby affirms that, at a duly constituted meeting of the Board of County Commissioners, on the day of 1993, it approved the terns of this Agreement and the execution thereof by GLADES COUNTY and does hereby enter into this Agreement. AI i EST: BOARD OF COUNTY COMMISSIONERS OF GLADES COUNTY, FLORIDA By: By: Clerk Chairman APPROVED AS TO FORM Glades County Attorney