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Home My WebLink AboutResolution_09-97/98_02/12/1998 1 RESOLUTION NO. 9-97/98 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, 1 FLORIDA, APPROVING AN INTERLOCAL AGREEMENT { BETWEEN THE TOWN OF JUPITER AND THE VILLAGE OF TEQUESTA FOR JOINT FUNDING OF THE MAINTENANCE OF DOVER DITCH AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Interlocal Agreement between the Town of Jupiter and the Village of Tequesta for Joint Funding of the Maintenance of Dover Ditch, Attached Hereto as Exhibit "A" and Incorporated by Reference as a Part of this Resolution, is Hereby Approved and the Mayor of the Village of Tequesta is Authorized to Execute the Same on Behalf of the Village of Tequesta. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Ron T. M ackail , who moved its adoption. The motion was seconded by Councilmember Hansen and upon being put to a vote, the � vote was as follows: • FOR ADOPTION AGAINST ADOPTION Alexander W. Cameron Joseph N. Capretta Carl C. Hansen Ron T. Mackail Elizabeth A. Schauer The Mayor thereupon declared the Resolution duly passed and adopted this 12th day of February, A.D., 1998. MAYOR OF TEQUESTA & 4 c lo E abeth A.hauer ATTEST: J ann Mangani to Village Clerk wp60 \res \9 -98 AN INTERLOCAL AGREEMENT BETWEEN • THE TOWN OF JUPITER AND THE VILLAGE OF TEQUESTA FOR JOINT FUNDING OF THE MAINTENANCE OF DOVER DITCH THIS AGREEMENT, made and entered this 17 day of FE�c.ax y 1998, by and between the VILLAGE OF TEQUESTA, Palm Beach County, Florida, a municipal corporation hereinafter referred to as the "Village," and the TOWN OF JUPITER, Palm Beach County, Florida, a municipal corporation hereinafter referred to as the "Town." WHEREAS, the Town and the Village both utilize the "Dover Ditch," illustrated in Exhibit "A" to this Agreement, for stormwater purposes; and WHEREAS, the Village currently is solely responsible for the perpetual maintenance of the Dover Ditch, as described in Agreement R -79 -1367 with the Board of County Commissioners of Palm Beach County dated October 2, 1979, and as required by South Florida Water Management District Permit No. 50- 03679 -P; and WHEREAS, the Town is desirous of enhancing its level of stormwater management, thereby increasing its discharge to the Dover Ditch; and WHEREAS, the Town agrees to pay its proportionate share of the maintenance of the Dover • Ditch; and WHEREAS, the parties agree that maintenance is defined as activities keeping the Dover Ditch in its intended condition and may include, but not be limited to, such activities as sediment and debris removal, vegetation control, structure repairs, mowing and prevention or restoration of bank erosion; and WHEREAS, both parties agree to be responsible for, and to take appropriate steps to address, their proportionate shares of any pollutant loadings emanating from the Dover Ditch to receiving waters, if required by Federal, State or local authorities; and WHEREAS, both parties agree to notify the other party in advance and in writing, and to negotiate a revised proportionate share of maintenance expenses, whenever a modification to permitted discharge to the Dover Ditch is sought; and WHEREAS, both parties agree that the Town's current proportional share of maintenance expenses for the Dover Ditch shall be 40 %, and the Village's current proportional share of maintenance expenses for the Dover Ditch shall be 60 %, based on the parties' current respective shares of total permitted discharge to the Dover Ditch, as provided in proposed South Florida Water Management District Permit No. 50- 03947 -P (Jupiter), and in South Florida Water Management District Permit No. 50- 03679 -P (Tequesta); and WHEREAS, both parties agree that the maintenance of the Dover Ditch shall be contracted and performed by a third party, unless both parties hereto mutually agree to other maintenance arrangements. • NOW, THEREFORE, WITNESSETH, that in consideration of the benefits to the residents of the • Town and the Village, and in consideration of the binding terms and covenants contained herein, the respective parties agree as follows: 1. The Village of Tequesta shall: a. Remain responsible for the perpetual maintenance of the Dover Ditch pursuant to Agreement R -79 -1367 with the Board of County Commissioners of Palm Beach County and by South Florida Water Management District Permit No. 50- . 03679 -P; b. Contract the maintenance of the Dover Ditch with a third party unless otherwise agreed to by both parties as stated herein; C. Administer the third party maintenance contracts for the Dover Ditch to ensure that the stormwater facility operates as permitted and designed; and d. On a monthly basis, bill to the Town an amount equal to 40% of the maintenance expenses of the Dover Ditch incurred by the Village, with supporting documentation evidencing that the work was performed by the third party and that payment of same has been made by the Village. 2. The Town shall remit payment to the Village of costs billed in item l .d. above within thirty (30) days of receipt of invoice from the Village, such costs being • based on the Town's share of total permitted discharge to the Dover Ditch, as provided in proposed South Florida Water Management District Permit No. 50- 03947 -P. Failure by the Town to remit such payment to the Village in a timely manner shall be construed as the Town's voluntary cancellation of this Agreement. 3. The Town may cancel this Agreement by providing the Village with written notice of its intention to do so, or by failing to remit to the Village in a timely manner its proportionate share of maintenance costs for the Dover Ditch, as provided in paragraph 2 above, provided that such cancellation shall be conditioned on the Town's immediate discontinuation of all use of the Dover Ditch and the capping of its discharge pipes to the same. 4. In any litigation, including appeals, arising out of this Agreement, the prevailing party in such litigation shall be entitled to recover from the non - prevailing party reasonable attorney's fees, costs and expenses. 5. This Agreement shall take effect upon formal adoption of same by the respective elected bodies of the parties referenced herein and signature by the Mayor of the Town of Jupiter and the Mayor of the Village of Tequesta. 6. Immediately following formal adoption of this Agreement, as described in paragraph 5 above, the Village of Tequesta shall file a Notice of Withdrawal and Voluntary • 2 Dismissal, pursuant to Rules 60Q -2.036 and - 2.037, F.A.C., with the South Florida Water • Management District and, if applicable, with the Division of Administrative Hearings ( "DOAH "), in order to withdraw Tequesta's Petition for Hearing dated December 19, 1997 and to terminate Tequesta's challenge of proposed Permit No. 50- 03947 -P. 7. Written notifications required herein shall be by U.S. Mail as follows: If to the Village: Village Manager Village of Tequesta P.O. Box 3273 Tequesta, FL 33469 -0273 If to the Town: Town Manager Town of Jupiter 210 Military Trail Jupiter, FL 33458 IN WITNESS THEREOF, the respective parties of this Agreement have caused the signature of the Mayor of the Town of Jupiter and the Mayor of the Village of Tequesta to be affixed hereto on the date first written above. VILLAGE OF TEQUESTA TOWN OF JUPITER • YBY. . B Y:�— G \USERS WTTYUCR\ 13153 -01 \DnTERLOCAG Irk�OAIDA. Aq a' m �" irce�ro�lle C Q Z 1925 - 70 • 3 ��t�rrr►,� � i i �� rr rr�- � /r /r/ it •r�� / //�i/1:;+ � FoRi 'm ..,. �• mass is ■r rrrir■rrr�r�►��'' lrltt�t� on It now r suniii■ ' / / ■ ■■r■ ,rr ■ .......... r/ • mow► Now mmz loss w loop was New �'r ■■ +�"� do a ♦ .■ r ,� ton es t� a ■ ■a 1 � 1 ca no w ! ''`%��ii�r►� �1►'«� �irrtt�'��' s "�►