126-Agreement for sewage treatment~ CAL AGREEMENT
/.~..i-.~, I N T E R L 0
n0RIDA, a municipal corporation, hereinafter referred to as
"Agency or Agencies", and CITY OF LAKE MARY, FLORIDA, a municipal
corporation, hereinater referred to as "Agency or AgenciesV;
WITNESSETH:
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 asthe Regional Sewer
Treatment Plant Committee, said committee having met on several
occasions 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
ProtectionAgency, 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 committee to further study and recommend Co the various
agencies a permanent administrative and legislative vehicle to
proceed to and through Step Two and Step Three, being the design
and engineering phase and the construction phase respectively°
and
WHEREAS, this Interlocal Agreement must bind the parties
in common action until such time as an adm~nstrative 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
Committee and at such time, lthe 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
any one time. Nor may any member at large be an elected or
appointed official or anemployee 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
committee, the Agency shall fill that member'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, immediately
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 b e 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.
Xt 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 meeting.
(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
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to have Jurisdiction over the Regional Sewer Plant and System
(a map of said Region being attached hereto and incorporated
hereinby 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 recommend 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, wheth-er 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 recommendation or of a formula for funding the costs
of proceeding with St~ps Two and Three of the application, the
financial recommendation or formula shall not be approved until
the agency ·shall submit C0 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 vote there-
on. The Interim Committee shall, within fifteen (15) days after
receiving said report, resubmit a final recommendation to the.
agencie~ which shall follow the procedure set forth below for
approval. Provided h6Wever, once the committee makes a final
recommendation to the 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 beautomatically 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 bi~d all the agencies on said rec-
'ommendation pursuant to this Agreement. If a majority of the
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agencies vote affirmatively to disapprove the final recommendation
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 recommendations and
indicating that agency's.recommendations and objections thereto,
and ~h~ committeeshall have thirty (30) days t-o resubmit a
revised fina~ recommendation on such proposal to the agencies.
This process shall continue until a majority of the agencies
approve the final recommendation.
~Z~ (6) The parties further agree that as a condition pre-
cedent to this Agreement being enforced, this Agreement shall be
submitted to the State df 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 ofthis
Agreement shall be filed with the Clerk of the Circuit Court,
Seminole County,'Florida, and with the State of Florida, Department
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 p~esents to besigne'd by their duly authorized officials
on the dat~ specified b~low.
Executed thts/Jday of1977
ChM'~O~En, ~o~r[~Seminole County
Commi s s ion er s~
Executed this..'~' day of /"~F_2a_7~E~ , 197i.
MAYOR
Executed this~day o'f~/~W~/ , 197~.
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