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INTERLOCAL AGREEMENT REGARDING RECLAIMED WATER SERVICE r INTERLOCAL AGREEMENT REGARDING RECLAIMED WATER SERVICE BETWEEN THE TOWN OF BELLEAIR, FLORIDA, AND THE CITY OF CLEARWATER, FLORIDA THIS AGREEMENT, made and entered into this /a day of , 2010, by and between the Town of Belleair, Florida, a Florida Municipal Corporation, y and through its Town Commission (herein, "BELLEAIR") and the City of Clearwater, Florida, a Florida Municipal Corporation, by and through its City Council (herein, "CLEARWATER") WITNESSETH: _ o0E?m WHEREAS, it is in the best interest of the citizens of BELLEAIR to be provided T -.1 P o a?; ;--a reclaimed water service whenever and wherever feasible; and ti 0 m Cs??0, WHEREAS, pursuant to Florida Statutes Chapters 166, the Municipal Horne Rule Powers 0N o Act, and 180, Municipal Public Works, CLEARWATER has the power and the present capability 0 0 n G) go to provide such reclaimed water service in BELLEAIR; and ?. 4 V R, dy WHEREAS, the extension of reclaimed water lines in BELLEAIR will contribute to the T general health, safety and welfare of the citizens of BELLEAIR and CLEARWATER; and WHEREAS, BELLEAIR and CLEARWATER wish to set forth their agreement with respect to the provision of such reclaimed water service to those areas within the corporate limits of BELLEAIR, pursuant to the provisions of the Florida Interlocal Cooperation Act of 1969, Chapter 163. Part 1, Florida Statutes, as amended; NOW, THEREFORE, the parties, upon consideration expressed herein, agree as follows: SECTION 1. INTERLOCAL AGREEMENT. The parties acknowledge that CLEARWATER has the legal authority pursuant to the Florida Statutes to provide reclaimed water service, and further, that BELLEAIR, upon appropriate exercise of its powers could also provide such service through an interlocal agreement with Pinellas County. BELLEAIR and CLEARWATER have determined it is in the best interest of both parties and their citizens for CLEARWATER to provide reclaimed water in areas within the corporate limits of BELLFAIR as defined herein, where reclaimed water is not available. This Interlocal Agreement is entered into pursuant to the general authority of Florida Statutes Section 163.01 (2010). SECTION 2. RECITALS The recitals and findings contained above are true and correct and are hereby incorporated within this Interlocal Agreement in full. SECTION 3. TERM. GRANT: DEFINITION OF RECLAIMED WATER. For a period of thirty (30) years from the effective date of this Interlocal Agreement, BELLEAIR, its successors, and assigns, does hereby give and grant to CLEARWATER, its successors, and assigns, the non-exclusive right, privilege and authority to exercise the power to, and to furnish reclaimed water and to construct, operate, and maintain within the corporate limits of BELLEAIR, as such limits may be expanded, all facilities required by CLEARWATER to supply reclaimed water to BELLEAIR, its inhabitants and the places of business located within the corporate limits of BELLEAIR, as such limits may be expanded, and other customers and areas now or hereafter supplied, or to be supplied, reclaimed water by CLEARWATER. BELLEAIR grants CLEARWATER the right to use BELLEAIR's rights-of-way and utility easements in order to construct, operate, and maintain said reclaimed water system. The exercise of this authority by CLEARWATER shall be consistent with the terms and conditions of the Resolution attached hereto as Exhibit "A" which is incorporated herein by reference. This Interlocal Agreement may be extended for subsequent renewal terms of thirty (30) years each upon agreement of the parties in accordance with all statutory provisions in effect at the time. The term "Reclaimed Water" shall mean highly treated wastewater which is distributed in pipes. SECTION 4. PARTIES' OBLIGATIONS Throughout the term of this Agreement CLEARWATER shall provide services to BELLEAIR necessary to complete reclaimed water line extension and construction in locations determined and designated by mutual agreement of the parties, including hiring and coordinating all contractors for projects, securing all necessary permits, and providing for all necessary engineering and design work. Projects shall be selected for implementation using CLEARWATER's reclaimed water program rules in effect at the time and according to project feasibility, and shall be subject to approval from BELLEAIR's Town 2 Manager after letter of request by CLEARWATER. CLEARWATER shall apply to BELLEAIR for any necessary right-of-way permits or easements which shall be processed at no charge to CLEARWATER. CLEARWATER shall be responsible for obtaining and maintaining all necessary federal, state, and local permits and approvals, and shall bear the costs of project construction. Following completion and activation of any reclaimed water line extensions, CLEARWATER shall be responsible for all continuing maintenance and repairs necessary to keep such lines fully functional. CLEARWATER shall bill customers and receive payment for availability and service per the terms of and in an amount equivalent to the amount chargeable per the City of Clearwater Code of Ordinances Chapter 32, Article IX and Appendix A., Section XXV(1)(d), (3)(a)4., and (3)(f), as amended from time to time. If required by CLEARWATER as a condition to any future extension of reclaimed water lines, BELLEAIR agrees to adopt and maintain in effect an Ordinance requiring that property owners in an area of proximity or adjacency to reclaimed water lines be required to pay an availability charge and/or fees for the service, as agreed to by the parties. SECTION 5. INDEMNIFICATION. CLEARWATER shall indemnify and hold BELLEAIR harmless from and against all liability, claims, demands, attorney fees (both at trial and on appeal), judgments and costs relating to personal injuries, including death, and property damage arising from CLEARWATER's acts and omissions in the performance of CLEARWATER's obligations under this Agreement. SECTION 6. NOTICES. Notice by either party to the other pursuant to this Agreement shall be given in writing and hand-delivered or mailed as follows: If to BELLEAIR: Micah Maxwell, Town Manager Town of Belleair 901 Ponce de Leon Boulevard Belleair, Florida 33756 3 If to CLEARWATER: William B. Horne II, City Manager City of Clearwater 112 S. Osceola Avenue Clearwater, Florida 33756 Notices shall be effective upon receipt. SECTION 7. CONFLICT. All ordinances and parts of ordinances of CLEARWATER or BELLEAIR in conflict herewith shall be amended or repealed by the parties as required to remove such conflict. SECTION 8. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Agreement is for any reason held illegal, invalid or unconstitutional by the decision of any court or regulatory body of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. SECTION 9. TERMS AND CONDITIONS. All terms and conditions as set forth in BELLEAIR Resolution No. 2010-29 a copy of said resolution being attached hereto as Exhibit "A" and as acknowledged and received by CLEARWATER Resolution No. 10-17, a copy of said Resolution being attached hereto as Exhibit "B", are incorporated herein by reference as if fully set forth herein. SECTION 10. AMENDMENTS. This Agreement may be amended in writing by consent of the Parties hereto. SECTION]]. NON-APPROPRL41ION. The obligations of the Parties hereto as to any funding required pursuant to this Agreement shall be limited to an obligation in any given year to budget and appropriate from legally available funds, after monies for essential services have been budgeted and appropriated, sufficient monies for the funding that is required during that year. Notwithstanding the foregoing, the Parties shall not be prohibited from pledging any legally available non-ad valorem revenues for any obligations 4 heretofore or hereafter incurred, which pledge shall be prior and superior to any obligation of the Parties pursuant to this Agreement. SECTION 12. EFFECTIVE DATE. As required by Florida Statutes Section 163.01(11) (2010), this Interlocal Agreement shall be filed with the Clerk of the Circuit Court of Pinellas County, after approval and execution by the parties, and shall take effect upon the date of filing. IN WITNESS WHEREOF, BELLEAIR and CLEARWATER, the parties hereto, have executed this Agreement on the day and year above written. By: -(? K?? Gary H. K 'ca Town Mayor-Co missioner Countersigned: Q, V% V, it- Fr ,V. ibbard Mayo uncilmember Approved as to form: Leslie K. Dougall- id Assistant City Attorn 5 TOWN OF BELLEAIR ATTEST: ' IWO" ? . Donna Carlen Town Clerk CITY OF CLEARWATER Wil in B. Horne II City Manager ATTES'T': • • RESOLUTION NO. 2010-29 A RESOLUTION OF THE TOWN OF BELLEAIR, FLORIDA, AUTHORIZING AN INTERLOCAL AGREEMENT TO THE CITY OF CLEARWATER, FLORIDA FOR THE PURPOSE OF FURNISHING RECLAIMED WATER SERVICES WITHIN THE CORPORATE LIMITS OF THE TOWN OF BELLEAIR; MAKING FINDINGS AND RECITALS; PROVIDING FOR TERM AND GRANT OF AUTHORITY; PROVIDING FOR DEFINITION OF "RECLAIMED WATER"; PROVIDING FOR RATES; PROVIDING FOR NON-COMPETITION; PROVIDING FOR REPEAL OF CONFLLICTING RESOLUTIONS; PROVIDING FOR SEVERABILITY; PROVIDING TERMS AND CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Belleair Country Club wishes to use reclaimed water for its golf course; and WHEREAS, Belleair Country Club has requested reclaimed water service from the City of Clearwater, as it is not available through the Town of Belleair or from Pinellas County; and WHEREAS, the City of Clearwater wishes to provide this reclaimed water service to the golf course; and WHEREAS, the reclaimed water main would pass by the Willadel Drive residential neighborhood to reach the golf course; and WHEREAS, the resident homeowners on Willadel Drive along the pipeline route have requested to be supplied with reclaimed water, as it is not available through the Town of Belleair, and have agreed to pay the cost of extending the line to their neighborhood; and WHEREAS, the City of Clearwater wishes to provide this reclaimed water service to the residents along the pipeline route; and WHEREAS, Chapter 180, Florida Statutes provides that the City of Clearwater has the power and the present capability to provide such reclaimed water service in the Town of Belleair; and WHEREAS, the Town of Belleair wishes to set forth the grants and agreements with respect to the provision of such reclaimed water service by the City of Clearwater to those areas within the corporate limits of the Town of Belleair, pursuant to the provisions of the Florida Interlocal Cooperation Act of 1969, as amended; and WHEREAS, the Town of Belleair wishes to provide for future situations wherein reclaimed is not available in the Town of Belleair, but could feasibly be provided by the City of Clearwater; and WHEREAS, it is in the best interest of the citizens of Belleair to be provided reclaimed water service whenever and wherever feasible. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF BELLEAIR, FLORIDA AS FOLLOWS: Section 1. Interlocal Agreement. The parties acknowledge that CLEARWATER has the legal authority pursuant to the Florida Statutes to provide reclaimed water service, and further, that BELLEAIR, upon appropriate exercise of its powers could also provide such service through and interlocal agreement with Pinellas County. BELLEAIR and CLEARWATER have determined it is in the best interest of both parties and their citizens for CLEARWATER to provide reclaimed water in areas within the corporate limits of BELLEAIR, where feasible, and where reclaimed water is not available. Section 2. Recitals. The recitals and findings contained above are true and correct and are hereby incorporated within this agreement in full. Section 3. Term, Grant: Definition of Reclaimed Water. For the initial thirty (30) year period of the Interlocal Agreement between CLEARWATER and BELLEAIR, and any extended term by agreement of the parties in accordance with all statutory provisions in effect at the time, BELLEAIR, its successors, and assigns, does hereby give and grant to CLEARWATER, it successors, and assigns, the non-exclusive right, privilege and authority to exercise the power to, and to furnish reclaimed water and to construct, operate, and maintain within the corporate limits of BELLEAIR, as such limits may be expanded, all facilities required by CLEARWATER to supply BELLEAIR, it inhabitants and the places of business located within the corporate limits of BELLEAIR, as such limits may be expanded, and other customers and areas now or hereafter supplied, or to be supplied, reclaimed water by CLEARWATER. BELLEAIR grants CLEARWATER the right to use BELLEAIR's rights-of-way and utility easements in order to construct, operate, and maintain said reclaimed water system. The exercise of this authority by CLEARWATER shall be consistent with the terms and conditions of this resolution. The term "Reclaimed Water" shall mean highly treated water which is distributed in pipes. Section 4. Rates. The rates, charges and fees to be charged by CLEARWATER for reclaimed water service within the corporate limits of BELLEAIR during the term of this resolution shall be as provided in CLEARWATER's standard, system-wide rate schedule now or hereafter approved by CLEARWATER's City Council. Section 5. Competition. CLEARWATER will not compete with Pinellas County, or any other entity BELLEAIR chooses to provide the bulk of the reclaimed water services to its citizens and businesses. Section 6. Conflict. All resolutions and parts of resolutions in conflict with the provisions of this resolution be and the same are hereby repealed. Section 7. Severability. If any section, subsection, sentence, clause or phrase of this resolution is for any reason held illegal, invalid or unconstitutional by the decision of any court or regulatory body of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. Section S. Terms and Conditions. All terms and conditions as set forth in the Interlocal Agreement between CLEARWATER and BELLEAIR, a copy of said Agreement being attached hereto as Exhibit "A", and to be acknowledged and received by proposed CLEARWATER Resolution No. 10-17, are incorporated herein by reference as if fully set forth herein. Section 9. Effective Date. This resolution shall become effective upon adoption and upon the acceptance of this resolution by appropriate act by CLEARWATER's City Council after adoption by BELLEAIR's Town Commission. PASSED AND ADOPTED this 20TH day of JULY, 2010. Maya ATTEST: A",,C? Town Clerk T T1tls- - - Dey Of o?-Dll? tied A True Copy ?J_----?---- - TDV'M Cl_ERK RESOLUTION NO. 10-17 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ACCEPTING THE PRIVILEGE AND CONCESSION OF THE TOWN OF BELLEAIR, FLORIDA, FOR THE PURPOSE OF FURNISHING RECLAIMED WATER WITHIN THE TOWN OF BELLEAIR AND TO ITS INHABITANTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, a new reclaimed water system interlocal agreement has been made and codified by the adoption of Ordinance No. 2010-29 of the Town of Belleair on July 20, 2010, a copy of which is attached to this resolution and incorporated herein by reference; and WHEREAS, the terms and conditions of the reclaimed water system franchise are acceptable; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The terms and conditions of the reclaimed water system franchise, privilege and concession granted by the Town of Belleair, Florida, by the adoption of Ordinance No. 2010-29 of the Town of Belleair, are hereby accepted, and the City Council of the City of Clearwater does hereby agree to comply with the terms and conditions of the franchise and with all reasonable ordinances adopted by the Town Commission of the Town of Belleair not inconsistent with the franchise. Section 2. This resolution shall take effect immediately upon adoption. Upon adoption of this resolution, the Public Utilities Director shall deliver a certified copy to the Town Clerk of the Town of Belleair. PASSED AND ADOPTED this 5th day of Approved as to form: Attest: Leslie K. Dougall-Si s OF r?r ,a E. Goudeau City Attorney y , rk AT??? Resolution No. 10-17