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HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 4_2/27/1997 FILE UUIT F. El , , 30M 4UR HE" -t • RESS f rShs, VILLAGE OF TEQUESTA T awCbrro .ta ochnte3 Suit,300 ? , i.,.i ( oh., _ • - i.• .• V'I I 25(: Tc, ucs,a Orira � o l fl ,,..f.i -;- :334GG-270R 7u:nts1.Ft February 11, 1997 VIA FACSIMILE A FIRST—CLASS MAIL Mr. Lee R. Evett Town Manager Town of Jupiter 210 Military Trail Jupiter, Florida 33458 RE: Town of Jupiter v. Village of Tequesta; Notice of Public Meeting per P.S. 164.103(2) Dear Mr. Evett: This is in response to a letter received by the undersigned on February 3, 1997, 'from Thomas J. Baird, Esq. , Town Attorney for the Town of Jupiter, wherein he advised that Jupiter is prepared to file suit to obtain declaratory relief and a permanent injunction challenging Tequesta's authority to construct water treatment facilities allegedly required by Section 180.06(9) , Florida Statutes. Mr. Baird's notice was given pursuant to Section 164. 103(a) , Florida Statutes. Accordingly, this is to formally advise you of Tequesta' s intention to adhere to the requirements of the Florida Governmental Cooperation Act. Pursuant to F.S. 164. 103(2) , the Village Council of the Village of Tequesta has scheduled a Special Village Council Meeting on Thursday, February 27, 1997, commencing at 7 :00 p.m. in the Village Hall Council Chambers, 357 es• • Tequesta Drive, Tequesta, Florida, wherein the Village Council intends to discuss the proposed Jupiter litigation in an effort to amicably settle the controversy with the Jupiter Town Council . On behalf of the Village Council, we look forward to meeting with your Town Council relative to the requirements of F.S. 164 . 103 (2) . • • • Should you have any 'questions relative to this notice, please feel free to contact me at your convenience. Sincerely, • /Gtfnly,4,2 Thomas G. Bradfor Village Manager TGB/krb c: Village Council, w/attachments • John C. Randolph, Village Attorney Scott G. Hawkins, Esq. Thomas C. Hall, Water System Manager, w/attachments Bill Reese, P.E. , Reese, ' Macon & Associates, w/attachments • • JONES, FOSTER, JOHNSTON & STUBBS, P.A. ATTORNEYS AND COUNSELORS FLAGLER CENTER TOWER VL } . _ T i=i.i u e S t ca 505 SOUTH FLAGLER DRIVE LAaMY B.Amman. MA==B.RumrraD ELEVENTH FLOOR II$aY PAsmmy Cqu.Atrason, !Ara ug.T.RLva WEST PALM BEACH,FLORIDA 33401 C^1. ^ Q� 1902-19B2 IL Tuar ffinnvrn Jaar B.MCC1ACtaQr t L U 0 r 19 Y Afton lobastat CLAY C.BsooOM Sara[..MCMvumr 18911961 Tans JaA CONWAY DAVID PUTT P.O.Box 3475 It Ram J Moaaasr L.Coma Jaw C.R.acc aie WEST PALM BEACH,FL 33402-3473 "', Qat PDnsvDDtnz sism .Ratfntw (561)659-3000 ` - RssccA O.Dome Perm A.SAats I9331 9 D*vm B.DttttYfa D.CuLv wars m FAX:(561)832-1454 CIIIENWrElt S.Dom SzeaY A.Sims Retied H.Maws.E,ssr Aum+It.Tomzaar WRITER'S DIRECTUNE: William A.Posta Scan O.HAatala Jew S.Moen - THOIDaarM.Hmay BwwR.WAaoux OfCaamd Pim S.Hamer IL ADnla Wenvm L.Mattis Flrupn IieuY A Jomm t II Ltsw S.Dasa hcicAUSsoo February 5, 1997 VIA FAX: 575-6203 Mr. Thomas G. Bradford Village Manager Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469-0273 RE: Village of Tequesta Notice from Town of Jupiter Pursuant to Section 164 .03 (a) , Florida Statutes Our File No. 13153 .1 Dear Tom: In regard to the above referenced notice from the Town of Jupiter, I am providing you with a copy of Section 164 .103, Florida Statutes . The notice that was sent by Mr. Baird is required pursuant to said statute prior to filing of a lawsuit. The notice must be given no less than forty-five days in advance of the filing of the suit. Tequesta must hold a public meeting within thirty days after receipt of the notice. The governing body of the Town of Jupiter and the governing body of Tequesta shall, at that meeting, discuss the proposed litigation in an effort to amicably settle the controversy. c . Mr. Thomas G. Bradford . February 5, 1997 , Page 2 Therefore, Tequesta should hold a public meeting within thirty days after receipt of Mr. Baird' s notice. Once the meeting is established, you should advise the Town of Jupiter as to the date, place and time of the meeting and invite their governing body to attend so as to discuss this matter pursuant to the terms of the statute. Sincerely, JONES, • TER, JOHNSTON & STUBBS, P.A. ,� John C. Randolph JCR\ssm Enclosure • J O N E S , FOSTER , JOHNSTON & STUBBS , P . A . Ch. 164 GOVERNMENTAL DISPUTES F.S. 1995 • CHAPTER 164 GOVERNMENTAL DISPUTES 164.101 Short title. (3) If the county or municipality finds that an immedi- • 164.102 Purpose. ate danger to the health,safety,or welfare of the public 164.103 Litigation; duty to give notice; duty to negoti- requires immediate action,no notice or public meeting, K ate. as provided in this section, shall be required before the 164.104 Penalty. suit is filed. 164.105 'Tolling of statutes of limitation. History.—s.3,ch.67-346. 164.106 Public hearing or meeting before settlement. 1 164.104 Penalty.—If the governing body of a county 164.101 Short title.—This act may be cited as the or municipality which has received notice of intent to file "Florida Governmental Cooperation Act.° a suit pursuant to s. 164.103(1) fails to hold a public History.—s.1,ch.87-346. meeting to discuss the proposed litigation, the govern- 164.102 Purpose.—The purpose of this act is to pro- ing body shall be required to pay the attorney's fees and mote, protect, and improve the public health, safety, costs in that proceeding of the county or municipality and welfare by the creation of a governmental dispute which has filed suit. resolution process that can provide an equitable, History.—s.4,ch.87-346. expeditious,effective,and inexpensive method for reso- lution of disputes between and among counties and 164.105 Tolling of.statutes of limitation.—Each municipalities. applicable statute of limitations is tolled for 45 days from 1 History.—s.2.c.87-346. the date of receipt by the potential defendant local gov- 164.103 Litigation; duty to give notice; duty to ernmental entity of the notice of intent to sue. History.—s.5,ch.67-346:S.37,ch.91-45. negotiate.— • (1) The governing body of a county or municipality 164.106 Public hearing or meeting before settle- may not file suit against another county or municipality ment.— unless the governing body has notified the potential (1) In any suit filed wherein the governing body of a defendant county or municipality of its intent to file the county or municipality is a defendant, no settlement • suit. This notice must be given no less than 45 days in shall be entered into unless the terms of the settlement advance of the filing of the suit. (2) The governing body of the county or municipality have been the subject of a public hearing held after the which has received notice pursuant to subsection (1) county or municipality so sued gives due public notice. must hold a public meeting within 30 days after receipt (2) A local government may settle a case at a public of the notice. The governing body of the county or meeting subject to s. 286.011 where it records in the municipality giving notice and the governing body of the minutes the reasons for which an emergency exists county or municipality receiving notice shall discuss the which preclude the local government from holding a proposed litigation at the meeting in an effort to arnica- ', public hearing on the settlement. bly settle the controversy. History.—ss.6,7,ch.87-346:s.38,ch.91-45. • • • • 1282 • THOMAS J. BAIRD, P.A. Fecr I c a 11891 U.S. HIGHWAY ONE,SUITE 201 r NORTH PALM BEACH, FL 33408 TELEPHONE(561)691-1766 FACSIMILE(561)691-1355 • ' - ` '. ;' January 30, 1997 RECEIVED FEB a 1�yl JONES,FOSi ER,JOHNSTON CERTIH'LED MAIL &STUBBS RETURN RECEIPT REQUESTED Thomas G. Bradford, Village Manager Village of Tequesta P.O. Box 3273 Tequesta, FL 33469-0273 Re: Town of Jupiter v. Village of Tequesta Dear Mr. Bradford: As you know, I represent in my capacity as Town Attorney, the Town of Jupiter. Jupiter is prepared to file suit to obtain declaratory relief and a permanent injunction challenging Tequesta's authority to construct water treatment facilities, which are similar in character and purpose to water treatment facilities which are presently operated by Jupiter without Jupiter's consent as is required by Section 180.06(9), F.S. As you know, Jupiter operates a municipal water treatment facility in territory which is immediately adjacent to the area Tequesta plans to serve. Jupiter's water treatment facility currently.operates for the benefit of its customers, which include residents and property owners in both Jupiter and Tequesta. This notice is given pursuant to Section 164.103(a), Florida Statutes. Sincerely, Thomas J. Baird TJB3 cc Lee R.Evett,Town Manager Allied J.Malefano,Esq. C:\TJB\TEQUESTA\B RADFORD.LTR L - F.S.1995 MUNICIPAL PUBUC WORKS Ch.150 slang.Al other legislative and administrative functions ate and maintain said works necessary for the fulfilment and proceedings shall be the same as provided for the of the purposes of this chapter, government of the municipality.The city council or other I legislative body,by whatever name known,of the munic- However, a private company or municipality shall not ipality,may adopt and provide for the enforcement of all construct any system,work,project or utility authorized resolutions and ordinances that may be required for the to be constructed hereunder in the event that a system. accomplishment of the purposes of this chapter;and its work. Project or utility of a similar character is being decision shall be final in determining to construct the actually operated by a municipality or private company utility,or any extension thereof as and where proposed, in the municipality or territory immediately adjacent to promote the pubfic health,safety,and welfare by the thereto, unless such municipality or private company accomplishment of the purposes of this chapter, pro- consents7 o such 1construction. ;.: 17115,,905;COL 1996 3,OOt6): vided, that where any mortgage revenue certificates, ..s.a,,s 1:f 6 er. debentures, or other evidences of indebtedness shall l come within the purview of s. 12, Art vY of the State 180,07 Public utilities; combination of plants or . Constitution,the same shall be issued only after having systems;pledge of revenues.— been approved by a majority of the votes cast in an elec- (1) All such reservoirs, sewerage systems, trunk lion in which a majority of the owners of freeholds not sewers, intercepting sewers, pumping stations, wells, wholly exempt from taxation who are qualified electors intakes, pipelines, distribution systems, purification i residing in such municipality shall participate,pursuant works, collecting systems. treatment.and disposal--- --.---•---- -- - to the provisions of ss. 100.201-100.221, 100.241, works,airports,hospitals,jails and golf courses,and gas 100261-100.341, and 100,351. plants and distribution systems, whether heretofore or . 1.1ai-a 1.,:s.17,16.imam_1l36 s wo.310016l;z 16.cf1.92-316;L 61. hereafter constructed or operated, are considered a d,.77-175, ;=- public utility within the meaning of any constitutional or 180.05 Definition of term ovate company."—A statutory provision for the purpose of acquiring, pup • to companyshall meante r• chasing, owning, operating, constructing, equipping ,�;: company of or and maintaining such works. i lion duly authorized under the laws of the state to corn •' struct or operate water works systems, sewerage sys- (2) Whenever any municipality shall decide to avail terns,sewage treatment works,garbage collection and itself of the provisions of this chapter for the extension , garbage disposal plants. or improvement of any existing utility plant or system, • • eistay.-5.2 en.171 IS.1336,'CQL 1936 Sap.w,00(7} any then-existing plant or system may be included as • i a part of a whole plant Cr system and any two or more • } 18006 Activities authorized by municipalities and utilities may be included in one project hereunder.The • # private companies.—Any municipality or private corn- revenues of all or any part of any existing plants or sys- , pany organized for the purposes contained in this chap- terns or any plants or systems constructed hereunder ter,is authorized: may be pledged to•secure moneys advanced for the (1) To clean and improve street channels or other construction or improvement of any utii ty plant or sys- • bodies of water for sanitary purposes: tern or'any part thereof or any combination thereof. (2) To provide means for the regulation of the flow 11t.1ory.-.-4.dti 171 le,1risx a.2 ch.»116.1,it6;COL 1536 S .3100W), I of streams for sanitary purposes; 1 (3) To provide water and alternative water supplies, 150.08 Revenue certificates; terms; price and including,but not limited to,reclaimed water,and water Wenn%dwee-fdtho vote of 90voloing body mildly& from aquifer storage and recovery and desalination sys- (1) Any municipality which acquires, constructs or } terns far domestic,municipal or industrial uses; extends any of the public utilities authorized by this i (4) To provide for the collection and disposal of sew- chapter and desires to raise money for such purpose, age, including wastewater reuse, and other liquid may issue mortgage revenue certificates or debentures wastes; therefor without regard to the limitations of municipal (5) To provide for the collection and disposal of gar- indebtedness as prescribed by any statute now in effect A bage; or hereafter enacted;provided,however,that such morn- 4.1 40 1 (6) And incidental to such purposes and to enable gage revenue certificates or debentures shall not I the accomplishment of the same, to construct reser- impose any tax liability upon any real or personal prop- • - voirs, sewerage systems, trunk sewers, intercepting erty in such municipality nor constitute a debt against i sewers,pumping stations,wells,siphons,intakes,pipe- the municipality issuing the same,but shall be a lien only lines,distribution systems,purification works,colection against or upon the property and revenues of such util- systems,treatment and disposal works; ity, including a franchise setting forth the terms upon (7) To construct airports, hospitals, jails and golf which, in the event of foreclosure, the purchaser may courses,to maintain,operate and repair the same,and operate the same,which said franchise shall in no event i to construct and operate in addition thereto all machin- extend for a period longer than 30 years from the date i. ery and equipment; of the sale of such utility and franchise under foreclosure (8) To construct, operate and maintain gas plants proceedings. tAigi • and distribution systems for domestic, municipal and (2) Such mortgage revenue certificates or deben- ->>< industrial uses;and tures shall be sold for at least 95 percent of par value (9) To construct such other buildings and facilities and shall bear interest not to exceed 7.5 percent per as may be required to properly and economically oper- annum. 1345