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149-Regional Sewer Treatment Plant FROM: I Ms. J an Stewart Office of Financp Director Ci ty of Sanford Post Office Box 1778 Sanford, Florida 32771 CLARK, DIETZ & ASSOCIATES, INC. )ST OFFICE DRAWER 1976 .:lANFORD, FLORIDA 32771 (305) 322-6841 (305) 831-5717 TO: _ SUBJECT Interlocal Agreement between Seminole County, City of Sanford and City of Lake Mary DATESeptember 19, 197r&~ Dear Ms. Stewart: Mr. Porter of our office asked that I mail the enclosed copy of this Agreement to you. Ene: . SIGNED Linda M. Gardner 'I <,J , I I \ ') " - 7 '" --,,---- , . ,./'" ) ,> 1 I " r! ( (\ r::: ~/f '--P' ,/ O~, ~ ,,-:' dO. l into on the date here- \ :'1 ,.r J \ \ \ I N T E R L 0 C ^ L A ~ R E E MEN T ",..., ..,..,1 / ,. , ,/ / THIS AGREEtlliNT, made and entered inafter designated by and between SEMINOLE COUNTY, FLORIDA, here- inafter referred to as "Agency or Agencies", CITY OF SANFORD, FLORIDA, a municipal corporation, hereinafter referred to as "Agency or. Agencies", and C~TY OF LAKE MARY, FLORIDA, a municipal corporation, hereinater referred to as "Agency or Agencies','; WIT N E SSE T H : WHEREAS, the parties to this Agreement being aware of the desirability to develop a sewage treatement system for the Northern portion of Seminole County, Florida, in order to promote orderly development and to protect the environment, and WHEREAS, this Agreement is entered into pursuant to the provisions of Chapter 163, Florida Statutes, said Chapter being cited as the "Florida Interlocal Cooperation Act of 1969" and WHEREAS, the parties acknowledge and recognize that the County and Lake Mary have previously designated Sanford as the lead applicant for funding from the Environmental Protection Agency pursuant to Section 201 of Public Law 92-500, Laws of the United States of America, and WHEREAS, the parties hereto have previously appointed a committee consisting of one (1) elected representative from each of the parties, said committee being known as the Regional Sewer Treatment Plant Committee, said committee having met on several occaslons in consultation with engineers who have been retained for the planning and 'engineering study which is commonly referred to as Step One of the procedure for funding from the Environmental Protection Agency, and WHEREAS, the parties hereto recognize that an expendi- ture of money will be involved in order to comply with all of the Step One requirements, and WHEREAS, it is necessary to appoint and set up an interim committ~e to further study and recommend to the various agencies a permanent administrative and legislative vehicle to 'I . . . ( proceed to and through Step Two and Step Three, being the design and engineering phase and the construction phase respectiveLy, ~d WHEREAS, this Interlocal Agreement must bind the parties in common action until such time as an adm1nstrative or legisla- tive legal entity is set up. NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parties hereto mutually agree as follows: (1) That this Agreement shall be binding on the parties until such time as a permanent administrative or legislative legal entity is set up to carry out the functions of the interim committee established herein. Each party to this Agreement may withdraw from this Agreement at the end of Steps One and Two or sooner, provided the withdrawing agency shall, in writing, submit its withdrawal thirty (30) days prior to its effective date. Pro- vided further, any money previously committed to Step One or Two may not be withdrawn by that party, if it withdraws from this Agreement during Steps One and Two. Provided further, this Agreement shall terminate upon a permanent authority, board or commission being established with legal authority to permanently administer the North Seminole County Regional Sewer Treatment Plant and System. (2) The parties shall on January 1, 1977, turn over to the Interim North Seminole Sewer Treatment Plant and System Committee all functions of the Regional Sewer Treatment Plant Conmi~tee and at such time, the Regional Committee shall be term- inated. The Interim Committee's membership shall consist of nine (9) members. Each agency shall select and appoint two (2) members each to the committee, and the six (6) members appointed by the agencies shall select three (3) members at large by majority vote to fill the remaining three (3) positions.. Provided however, no more than two (2) members at large may reside within the same municipal boundaries or the unincorporated area of the County at anyone time. Nor may any member at large be an elected or -2- appointed official or an employee of any agency to this Agree- ment. If a vacancy occurs by resignation, failure to attend or if the agency removes one of its appointed members from the COllilllittee, the Agency shall fill that fTlember's position with another party appointed by the agency. If one of the members elected at large resigns, fails to attend meetings or is removed by the appointed members, the appointed members shall,' immedia tely elect, by majority vote, a new member at large to fill the vacancy Upon establishment of the Interim Committee, the Regional Sewer Treatment Plant Committee shall terminate. In addition, any member, whether appointed by the agency or elected at large, missing any more than two (2) regular meetings within any six (6) month period shall be automatically discharged from the committee and a new member either appointed by the agency or elected at large as the case may be. (3) The Interim Committee shall meet at least once per month and more often if necessary to carry out the purposes and intent of this Agreement and the 201 Regional Program pursuant to Section 201 of Public Law 92-500, Laws of the United States of America. The first meeting of the committee shall be held within fifteen (15) days after its establishment herein, to elect a chairman and secretary of said committee; to select the three (3) memebers at large; and to set the date for the first regular meeting of the committee which shall be no more than thirty (30) days from the date of the organizational meeting. It shall be the duty of the chairman of the committee to preside at all meetings and in his absence, he shall appoint another member to preside. It shall be the duty of the secretary of the committee to take the minutes of all meetings of the committee and to transmit a copy of those minutes to the head of each respective agency within fifteen (15) days after any Ineeting. (4) It shall be the duty and responsibility of the Interim Committee established herein to design a detailed manage- ment (administrative) system for the future and to recommend to the respective'agencies a legal mechanism and/or legislation to establish a permanent administrative or legislative legal entity -3- r- ( ( to have jurisdiction over the Regional Sewer Plant and System (a map of said Region being attached hereto and incorporated herein by reference); to recommend to each of the parties a formula for funding the costs of proceeding with Steps Two and Three of the application; to recon~end to the parties a plan for the coordination of sewage disposal alternatives; and to assist each of the agencies hereto in developing long range programs for sewage treatment. (5) The Interim Committee shall not have the authority to commit the respective parties hereto to any course of action or funding and the final decision on alternatives, whether said decision is in the field of evaluation; administration or finances shall rest with the respective parties to this Agreement. If the Interim commitee submits a final financial recommendation or a formula for funding, the respective agencies shall have twenty (20) days to disapprove thereof. If one agency disapproves of a financial recommandation or of a formula for funding the cost of proceeding with Steps Two and Three of the application, the financial recommendation or formula shall not be approved until the agr:ncy shall submit to the Interim Committee a report of its recommendations and objections which shall be transmitted to the Interim Committee within ten (10) days of the agency's votl' there- on. The Interim Committee shall, within fifteen (15) days after receiving said report, resubmit a final recommendation to the agencies which shall follow the procedure set forth below for l' approval. Provided however, once the committee makes a final reco~endation to th~ agency, the agency shall have forty-five (45) days in which to approve or disapprove said recommendation and if the agency fails to act upon said recommendation within that period of time, it shall, pursuant to this Agreement, have been deemed to be automatically approved by said agency. Upon a majority of the agencies approving a final recommendation by the Interim Committee on any phase of the Regional Sewer Plant and System, said approval shall bind all the agencies on said rec- ommendation pursuant to this Agreement. If a majority of the -4- . . r ( agencies vote affirmatively to disapprove the final recolllmendation~ within forty-five (45) days after the agencies have received the recommendation, the agencies shall send reports to the Interim Committee detailing their discussions of the recon@endations and indicating that agency's recommendations and objections thereto, and the committee shall have thirty (30) days to resubmit a , revised final recommendation on such proposal to the agencies. This process shall continue until a majority of the agencies approve the final recommendation. (6) The parties further agree that as a condition pre- cedent to this Agreement being enforced, this Agreement shall be submitted to the State of Florida Department of Legal Affairs, which said Department shall determine whether this Agreement is in proper form and compatible with the Laws of the State of Florida. The parties further agree that upon submission of this Agreement by the Department to Legal Affairs, a copy of this Agreement shall be filed with the Clerk of the Circuit Court, Seminole County, Florida, and with the State of Florida, Departmen of Community Affairs. Each of the parties hereto represent to the other that authority to enter into this Agreement was granted by the official act of the respective governing boards of the parties at duly constituted meetings of such boards. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their duly authorized officials on the dati specified below. Executed this /~~ day of [)ft!~:~~t,bCL. , 1 97]j'" . . COUNTY, FLORIDA BY ~ .> /.l:(~- L_ -,--~ Cha rman, o~r~'Semin~le County Commissioners 71/ E t d th ,- d f I), - '.-. "'. 197/ xecu e is ,_,;;- ay 0 I.' , 0: '}-j-11. ..-:-J- ,.). /l CITY ?~~9ORD, FLORIDA BY ({, / / /l H--'t<--- MAYOR Executed this1C< day ofMd~ ' 1976. CITY OF LAKE NAR~Y' RIDA BY -:Y:/(ff: A ~_&v--_/ ~%{~ r:::