North Florida - On the morning of June 4, 2009, the Dixie County Sheriff's Office received an alarm for a residential burglary in the First District Area of Dixie County. When the first officers arrived on the scene, they met with family of the victim's who lived near by. This family member was able to provide a tag number for a suspicious vehicle
that was scene in the area prior to law enforcements arrival. A perimeter was established in the neighborhood and the K-9 Team from Cross City Correctional was summoned to the scene. When the K-9 Team arrived, they were able to establish a scent leading away from the house and into a nearby wooded area. The K-9 Team was then able to track the fleeing suspect through the area where it was determined that the suspect was picked up by a waiting vehicle. Based on evidence found in the area, it was determined that this vehicle would be the same vehicle that the family member found in the area when she first arrived. Sheriff's Deputies were then dispatched to certain areas where they were continuing to search for the suspect vehicle.
At approximately 11:00AM, deputies saw the suspect vehicle traveling southbound on U.S. 19 in Old Town and were able to perform an investigatory stop on the vehicle at that time. During this stop, deputies were able to establish grounds to believe that two of the suspects were involved in the burglary in the First District and at least one burglary in Lafayette County. Arrested on the scene were Cody Eugene Pridgeon of Old Town and Michael Christopher Hackle of Cross City. Both subjects were transported to the Dixie County Jail where they were charged with burglary and Grand Theft.
Additional investigation throughout the day and into the morning of June 5th, led to the execution of two residential searches on June 5, 2009. Allen Lynn Thompson of Old Town was arrested for Dealing in Stolen Property, Possession of a Firearm by a Convicted Felon and Possession of a Controlled Substance. Later on the afternoon of June 5th, Dwayne D. Mertz of Old Town was arrested for two counts of Dealing in Stolen Property and Resisting an Officer without Violence.
Based on the investigation thus far, it appears as though, there will be additional counts of burglary, theft and other charges from several different counties in North Florida and within the Third Judicial Circuit of Florida. This investigation is continuing with additional charges and arrests expected.
The initial investigation appears to reveal that the individuals are involved in an elaborate scheme to burglaries residential homes throughout North Florida and once inside of the homes steal jewelry, money, guns and other items of value. The individuals would then sell or trade the items. Initial estimates are that the group could be involved in is between fifty and one hundred burglaries.
The following agencies are assisting with the investigation. The Dixie, Lafayette, Levy, Taylor, Suwannee and Madison County Sheriff's Offices, the State Attorney's Office for the Third Judicial Circuit and the Florida Department of Law Enforcement.
Pridgeon, Hackle and Thompson remain in the custody of the Dixie County Sheriff under a bond of $150,000. Mertz whose bond was set at $50,000 has since posted bond and has been released from custody.
According to an incident report released by the Dixie
County Sheriff's Office, Dixie County High School senior, Rodney Scott,
Jr., 19 and his father, Rodney Scott, Sr., 50, were named as suspects
in an aggravated battery that was reported early Saturday morning.
Witnesses at the scene reported that Rodney Scott and his father
showed up univinted to a party being held at the home of Miriah Riels.
The two were asked to leave but then "started cussing and hollering at
her (Miriah) and everyone else at her home, then left." The two then
left, but returned half an hour later with more people who were not
identified and were asked to leave again. Miss Riels stated that the
father "started cussing at her," at which point party guest Chase
Barber requested that he not speak to the young lady that way, and then
was hit in the head with a "pipe with a ratchet stuck in the end of
it." Barber was reportedly knocked to the ground, and then he was
kicked in the face.
Barber stated at the time of the incident that it was Rodney Scott,
Jr. who had hit him with the pipe, but later said that he could "not
put a positive ID" on the attacker, and some witnesses stated that it
had been the elder Scott who had dealt the blow. The report states that
since most of the witnesses had been drinking, and many refused to give
written statements, that the case was closed and no charges filed "due
to the fact that no one can place a positive ID on the aggressor at
this time."
The report stated that Rodney Scott, Jr. and Sr. "could not be
reached for interview." Rodney Scott has a football scholarship from
Old Miss University and will be attending next fall
Old Town, Florida- The Dixie County Sheriff's Office announced the
arrest of Jerry P. Holland, 49 of Old Town and Donald K. Holland, 48 of
Old Town on the charge of Aggravated Abuse/Neglect of the Elderly. The
elderly person was the mother of the Holland brothers.
On Saturday, May 16, 2009, Sheriff's Office deputies were called to
737 NE 644 Street in Old Town in reference to EMS personnel needing
assistance. When the deputies arrived, they observed both Holland
brothers sitting on the front porch of the residence.
Once inside, the deputies made contact with EMS personnel, who told
the investigating deputy that it appeared the victim had been on the
floor for several days. The victim was partially dressed and the home
had a strong odor of human feces and urine. The victim had numerous
sores and was covered with bruises.
The home was in deplorable condition, with maggots, beer cans and trash throughout the home.
According to Jerry Holland, his mother had been on the floor for
five days. The victim was transported to North Florida Regional
Hospital in Gainesville by Dixie County Emergency Services, Division of
Emergency Medical Services.
Help was summoned for the victim after a neighbor stopped by the residence and called 911.
White Springs – Minor flooding expected. River should crest at 77.8 feet, 0.8 feet above flood stage, on April 10.
Suwannee Springs – Minor flooding expected. Should crest 0.3 feet above flood stage, at 67.3 feet, on April 12.
Ellaville – Currently above flood stage, and major flooding predicted. Expected to reach 12
feet above flood stage, cresting at 66.1 feet on April 11. This stage will exceed the 1973 event.
Dowling Park – Significant flooding predicted. Expected to reach flood
stage (50 feet) on April 8. Will continue to rise, then crest at 58.1
feet on April 13.
Branford – Significant flooding predicted. Expected to reach flood
stage (29 feet) on April 9. Will continue to rise over 8 feet above
flood stage, cresting at 37.2 feet on April 16. This stage will exceed
the 1973 event.
Wilcox – Significant flooding predicted. Will reach flood stage (11 feet) on April 12. Will crest near 18.7 feet on April 19.
Manatee Springs – Significant flooding predicted. Will reach flood
stage (10 feet) on April 14, and crest at 13.8 feet on April 20.
Fowlers Bluff – Significant flooding predicted. Will reach flood stage (5.50 feet) on April 12.
Expected to crest at 9 feet on April 20.
Suwannee River flood levels are expected to be as bad as the 1948
flood: if you have any property that is movable near the Suwannee
River, move it today!!!
The County Commissioners are having an emergency meeting today at
3:00, but by then it will be too late. A full press release will appear
in the Advocate tomorrow.
Old Town, Florida- On March 26, 2009, the Dixie County Sheriff's
Office, Narcotics Unit served an arrest warrant in the Old Town area.
This arrest is a result of numerous undercover operations performed by
the Narcotics Unit. These arrests mark the beginning to a conclusion of
an investigation dating back to November 2008.
Arrested was Barbara Ann Thompson, 43, of Old Town. Thompson sold
and delivered the prescription medication of Roxicet to a confidential
source being utilized by the Dixie County Sheriff's Office.
Thompson was arrested and booked into the Dixie County Jail on the
charge of Sale of a Controlled Substance, the substance being the
prescription medication of Roxicet. As of this time, Thompson is
currently being held on a $25,000 Bond.
Sheriff Hatcher said, "I want to remind individuals that the sale of
prescription medication to another without a prescription is a felony
and the Narcotics Unit within the Sheriff's Office is aggressively
pursuing individuals involved in the sale, trafficking or delivery, not
only of illegal substance, but the prescription medication that are
devastating and are highly addictive."
If you have any information concerning sale of illegal drugs, you
are asked to contact the Dixie County Sheriff's Office – Narcotics Unit
at 498-1230.
A and K Nursery, Ace Hardware and Rick's Seafood were among the
victims of a theft spree that was discovered on Wednesday morning in
and around Cross City.  Art Wyckoff stated that "A and K was broken
into early Wednesday morning with the rascals getting off with the
overnight cash box only."
At Rick's Seafood, the masked thieves managed to break in through a
window around 2 am, bust open the safe and steal the money from within.
They also took a pistol, vandalized the flooring with profanity, and
trashed the office. Luckily, Rick's Seafood has video cameras and the
two-hour crime-fest was caught on video in its entirety.
Naveen Rana, the owner of Rick's Seafood said that "This is the
third break-in in fourteen months. I spoke to Dewey (Hatcher) yesterday
and told him they need to patrol this area more often."
Ace Hardware was hit early Thursday morning. The cash drawer and
safe were broken into and the money was removed. No merchandise was
stolen, and no vandalism was reported.
The Advocate requested police reports on the break-ins from the
Cross City Police Department and the DCSO, but none was provided by
press time. The cases are being jointly investigated by both agencies.
Old Town, Florida- At approximately 4:28 pm this afternoon, Deputies
with the Dixie County Sheriff's Office responded to 107 NE 835 Street
in Old Town in reference to a person being attacked by numerous dogs.
When deputies arrived, they found a 22 year old victim, who is
developmentally delayed lying in the roadway with numerous dog bites to
her head, face, neck, chest, abdomen, arms and legs.
According one witness that observed the attack, he saw the victim
being attacked in the roadway by approximately six dogs and before he
could get to her location the dogs had pulled the victim to the roadway
and were "mauling" the victim. The witness also stated that when he
arrived to the victim that the dogs ran away.
The victim was treated at the scene by Dixie County EMS for puncture
and lacerations wounds to numerous areas of her body and transported to
Shands Teaching Hospital in Gainesville. EMS personnel listed the
victim in stable condition. The Dixie County Sheriff's Office, Animal
Control Division confiscated and placed in quarantine three bulldogs,
four mixed breed dogs and eight new born puppies from the residence of
Jacqualine and Elizabeth Edgell, who are the reported owners of the
dogs.
In November 2007, deputies responded to this same residence for another animal attack involving multiple dogs.
The three bulldogs appeared to be in good health, but the four mixed
breed and eight new born puppies appeared to be malnourished. The
Sheriff's Office is continuing to investigate this animal attack and
possible criminal charges are pending.
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TALLAHASSEE — Thomas F. Kirwin, United States Attorney for the Northern District of
Florida, today announced the conviction of former Dixie County Building and Zoning Inspector,
Willie "Billy" Keen, Jr. (60), for federal program fraud in violation of Title 18, United States
Code, Section 666.
Keen was convicted following a two-day trial in the United States District Court in Gainesville.
At trial, the government introduced evidence that between March and October 2003, Keen, who
was then employed as the building and zoning inspector for Dixie County, fraudulently applied
for Community Development Block Grant and State Housing Initiative Program funds to
renovate his personal home. Because Keen did not financially qualify for these funds and was
otherwise prohibited by virtue of his position from receiving the funds, Keen applied for the
funds in his girlfriend's name, falsely representing that she was the owner of his home. During
the course of 2003, Keen obtained approximately $32,000 in grant funds, which he used to
renovate his home.
Keen faces a maximum sentence of ten years' imprisonment, a $250,000 fine, and a three-year
term of supervised release. Keen also faces forfeiture of his home based upon the jury's finding
that the home, which was renovated with the fraudulently obtained grant funds, constituted
proceeds of the fraud. Sentencing will be held on June 2, 2009, in United States District Court
in Gainesville, before the Honorable Stephan P. Mickle.
United States Attorney Kirwin commended the diligent efforts of the Federal Bureau of
Investigation in investigating the case. The case was prosecuted by Assistant United States
Attorneys Gregory P. McMahon and Brett Meltzer.
February 15, 2009
REVISED FINAL DRAFT
INTERLOCAL AGREEMENT RELATING
TO ESTABLISHMENT OF THE
NATURE COAST REGIONAL WATER AUTHORITY
Table of Contents
PREAMBLE 1
ARTICLE I
DEFINITIONS 4
SECTION 1.01. DEFINITIONS. 4
SECTION 1.02. INTERPRETATION. 8
ARTICLE II
CREATION AND GOVERNANCE 9
SECTION 2.01. CREATION. 9
SECTION 2.02. PURPOSES. 10
SECTION 2.03. POWERS AND DUTIES. 11
SECTION 2.04. BOARD OF DIRECTORS. 17
SECTION 2.05. BOARD MEETINGS. 19
SECTION 2.06. QUORUM AND VOTING. 20
SECTION 2.07. OFFICERS OF THE BOARD. 20
SECTION 2.08. POWERS AND DUTIES OF THE BOARD. 22
SECTION 2.09. ANNUAL BUDGET. 23
SECTION 2.10. PERFORMANCE AUDIT AND MANAGEMENT STUDY. 24
SECTION 2.11. ANNUAL AUDIT. 24
ARTICLE III
WATER SUPPLY, WASTEWATER, AND RECLAIMED WATER PROVISIONS 25
SECTION 3.01. COOPERATION. 25
SECTION 3.02. EXCLUSIVITY. 25
SECTION 3.03. OBLIGATION TO MEET WATER, WASTEWATER, AND RECLAIMED WATER NEEDS. 26
SECTION 3.04. NOTICE AND REVIEW OF RATES, FEES AND CHARGES. 27
SECTION 3.05. REVIEW OF CAPITAL IMPROVEMENT PROGRAM. 29
SECTION 3.06. FILING OF ANNUAL REPORTS BY NCRWA. 30
ARTICLE IV
OBLIGATIONS 30
SECTION 4.01. GENERAL AUTHORITY. 30
SECTION 4.02. TERMS OF THE OBLIGATIONS. 30
SECTION 4.03. TEMPORARY OBLIGATIONS. 31
SECTION 4.04. ANTICIPATION NOTES. 31
SECTION 4.05. TAXING POWER NOT PLEDGED. 32
SECTION 4.06. TRUST FUNDS. 32
SECTION 4.07. REMEDIES OF HOLDERS. 32
SECTION 4.08. REFUNDING OBLIGATIONS. 33
SECTION 4.09. CONDUIT TRANSACTIONS. 33
SECTION 4.10. AUTHORITY MEMBER GOVERNMENT COOPERATION. 33
ARTICLE V
DISPUTE RESOLUTION 34
SECTION 5.01. NOTICE. 34
SECTION 5.02. MEETING. 35
SECTION 5.03. MEDIATION. 35
SECTION 5.04. LAWSUITS. 35
ARTICLE VI
WITHDRAWAL AND TERMINATION 36
SECTION 6.01. WITHDRAWAL OF AUTHORITY MEMBER. 36
SECTION 6.02. TERMINATION OF AUTHORITY. 36
SECTION 6.03. TRANSFER OF NCRWA FACILITIES TO WITHDRAWING AUTHORITY MEMBER OR UPON TERMINATION OF NCRWA. 37
ARTICLE VII
MISCELLANEOUS 38
SECTION 7.01. DELEGATION OF DUTY. 38
SECTION 7.02. FILING. 38
SECTION 7.03. IMMUNITY. 38
SECTION 7.04. LIMITED LIABILITY. 39
SECTION 7.05. INDEMNIFICATION. 39
SECTION 7.06. AMENDMENTS. 40
SECTION 7.07. ADHERENCE TO OPEN GOVERNMENT. 40
SECTION 7.08. SEVERABILITY. 40
SECTION 7.09. CONTROLLING LAW. 40
SECTION 7.10. EFFECTIVE DATE. 41
APPENDIX A 48
APPENDIX B 49
INTERLOCAL AGREEMENT RELATING
TO ESTABLISHMENT OF THE
NATURE COAST REGIONAL WATER AUTHORITY
THIS INTERLOCAL AGREEMENT creating the Nature Coast Regional Water
Authority, hereinafter referred to as "NCRWA," made and entered into
this ______ day of _______________ 2009, pursuant to Section 163.01,
Florida Statutes and Section 373.1962, Florida Statutes between the
County of Dixie and County of Gilchrist, Town of Bell, Town of Cross
City, City of Fanning Springs, and City of Trenton each constituting a
political subdivision of the State of Florida, collectively referred to
as the "Authority."
WITNESSETH
WHEREAS, the Authority desire to establish a Governmental Utility
Authority relating to water, wastewater, and reclaimed water services;
and
WHEREAS, each of the Authority has the power to acquire, own, improve,
operate and maintain water and wastewater utility facilities pursuant
to its respective Florida Constitutional powers of local self
government and Chapter 125, Florida Statutes; and
WHEREAS, Part I of Chapter 163, Florida Statutes (the "Interlocal
Act"), permits the Authority, as public agencies under the Interlocal
Act, to enter into Interlocal Agreements with each other to jointly
exercise any power, privilege or authority which such Authority share
in common and which each might exercise separately, permitting the
Authority to make the most efficient use of their powers by enabling
them to cooperate on a basis of mutual benefit and thereby provide
services and facilities in a manner and pursuant to forms of
governmental organization that will best serve geographic, economic,
population and other facts influencing the needs and development of
such Authority; and
WHEREAS, Section 163.01(7)(g), Florida Statutes, authorizes the
Authority pursuant to an Interlocal Agreement to create a separate
legal entity to exercise the common power of the Authority to acquire,
own, improve, operate and maintain water and wastewater utility
facilities; and
WHEREAS, any member of the Authority may continue to own and operate a
potable water distribution system which distributes potable water to
real property located inside their respective utility service area
boundaries; and
WHEREAS, the Authority desires to ensure a cost-effective and reliable water wastewater, and reclaimed water services; and
WHEREAS, the Authority have determined that it is in their best
interest to create such a legal entity to acquire, own, improve,
operate and maintain water and wastewater utilities, for the following
reasons:
(1) It is in the best interest of certain unincorporated areas of Dixie
County, Florida and Gilchrist County, Florida for the Authority to
furnish water, wastewater, and reclaimed water utilities.
(2) The municipalities of Bell, Cross City, Fanning Springs, and
Trenton would best be served by having the flexibility for the
Authority to furnish or establish water, wastewater, and reclaimed
water utilities in new development areas and wherever else deemed
necessary.
(3) The participating local governments must meet the comprehensive
planning requirements of Chapter 163, Florida Statutes, which mandate
that Florida local governments, including the Authority, coordinate
their plans for future growth with available sources of funding and the
availability of infrastructure. The provision of water and wastewater
Public utilities is a major factor in such infrastructure coordination.
Public ownership of water and wastewater utility facilities is more
desirable and more readily allows for Florida local governments to meet
their statutory mandate with respect to the utilities element of their
respective comprehensive plans.
(4) The establishment of such a legal entity will ensure that the
customers of the water and wastewater facilities owned by the Authority
are provided the best, most cost-effective service and assure that
proper future expansion of the water, wastewater, and reclamation
facilities will occur to meet the demands of development of each
affected local government.
WHEREAS, in order to more effectively address the responsibilities and
obligations of local governments with respect to the growth and
development of a regional water supply, it is the Authority Members
desire to enter into this Interlocal Agreement for the NCRWA.
NOW, THEREFORE, in consideration of the foregoing and the covenants
herein, it is mutually agreed and understood by and among the
Authority, that now or may hereafter execute this Interlocal Agreement,
that the "Nature Coast Regional Water Authority," is created as a legal
entity and public body and a unit of local government with all the
privileges, benefits, powers and terms of the hereinafter defined Act
and this Interlocal Agreement.
ARTICLE I
DEFINITIONS
SECTION 1.01. DEFINITIONS. The following definitions shall govern the interpretation of this Interlocal Agreement.
"Act" means Section 125.01, Florida Statutes, the Interlocal Act and other applicable provisions of law.
"Agreement" means this Interlocal Agreement, including any amendments
or supplements hereto, executed and delivered in accordance with the
terms hereof.
"Assessable Improvements" means improvements to the Authority
Facilities of a local nature and of special benefit to the premises or
lands served thereby.
"Authority" means the Nature Coast Regional Water Authority ("NCRWA").
"Authority Facilities" means the Authority's water production, means
the Nature Coast Regional Water Authority transmission, treatment and
distribution facilities and property, and the Authority's wastewater
treatment, collection and disposal facilities and property, including
reuse and reclaimed water facilities, as they may be modified, improved
or expanded from time to time, which are owned, leased, operated,
managed and/or used, from time to time, by the Authority to provide
public water and wastewater services. Authority Facilities shall
include all property, real or personal, tangible or intangible, now or
hereafter owned, leased, operated or managed by the Authority in
connection with the provision of public water and wastewater services.
"Authority Members" means a member of the Authority, from time to time,
as shall be provided for by this Interlocal Agreement or any amendments
hereto. The Authority Members shall initially be Dixie County,
Gilchrist County, Town of Bell, Town of Cross City, City of Fanning
Springs, and City of Trenton.
"Board" means the governing board of the Authority, consisting of the Directors appointed hereunder.
"Connection Fees" means fees and charges imposed by the Authority to
acquire, construct, equip or expand the capacity of the Authority
Facilities for the purpose of paying or reimbursing the equitable share
of the capital cost relating to such acquisition, construction,
expansion or equipping of capacity of the Authority Facilities or
expansion thereof in order to serve new users of the facilities of the
Authority Facilities and new development within the Service Areas
served by the Authority Facilities. Such Connection Fees may include
interest carrying costs associated with the Authority Facilities.
"Cost" when used in connection with a Project, means (1) the
Authority's cost of construction; (2) costs of acquisition by or for
the Authority of such Project; (3) costs of land and interests thereon
and the cost of the Authority incidental to such acquisition; (4) the
cost of any indemnity and/or surety bonds and premiums for insurance
during construction; (5) all interest due to be paid on the Obligations
relating to the Project during the period of acquisition and
construction of such Project and for a reasonable period subsequent to
completion of acquisition and construction as the Board may determine
by relation; (6) engineering, legal and other consulting fees and
expenses; (7) costs and expenses of the financing incurred for such
Project, including audits, fees and expenses of any paying agent,
registrar, trustee, consultants, attorneys, engineers, credit enhancers
or depository; (8) payments, when due (whether at the maturity of
principal or the due date of interest or upon redemption) on any
interim or temporary indebtedness incurred for such Project; (9) costs
of machinery, equipment, supplies and spare parts required by the
Authority for the commencement of operation of such Project or
continuation of operation to such Project; and (10) any other costs
properly attributable to such Project or to the issuance of Obligations
which finance such Project, as determined by generally accepted
accounting principles applicable to such Project, and shall include
reimbursement to the Authority for any such items of cost paid by the
Authority prior to issuance of the Obligations issued to finance such
Project. Additional items of cost may be provided pursuant to the
Financing Documents.
"Director" means an individual appointed in accordance with the provisions hereof to serve as part of the Board.
"Financing Documents" means the resolution or resolutions duly adopted
by the Authority, as well as any indenture of trust, trust agreement or
other instrument relating to the issuance or security of the
Obligations.
"Fiscal Year" means the period commencing on October 1 of each year and
continuing through the next succeeding September 30, or such other
period as may be determined by the Board.
"General Manager" means the individual or entity selected and employed by the Board to serve the Authority in such capacity.
"Interlocal Act" means Part I of Chapter 163, Florida Statutes.
"Interlocal Agreement" means this Agreement, including any amendments
or supplements hereto, executed and delivered in accordance with the
terms hereof.
"NCRWA" means the Nature Coast Regional Water Authority.
"Obligations" means a series of bonds or other evidence of
indebtedness, including, but not limited to, loans from the Florida
Department of Environmental Protection, notes, commercial paper,
capital leases or any other obligations of the Authority.
"Pledged Funds" means (1) the revenues, fees, charges, special
assessments and other monies received by the Authority or its designee
relating to its ownership or operation of the Authority Facilities, or
some portion thereof, (2) until applied in accordance with the terms of
the Financing Documents, all monies in the funds, accounts, and
subaccounts established thereby, including investments therein, and (3)
such other property, assets and monies of the Authority as shall be
pledged pursuant to the Financing Documents; in each case to the extent
provided by the Board pursuant to the Financing Documents. The Pledged
Funds pledged to one series of Obligations may be different than the
Pledged Funds pledged to other series of Obligations.
"Project" means any structure, property or facility which the
Authority, from time to time, may determine to construct or acquire as
part of its Authority Facilities, together with all improvements,
equipment, structures and other facilities necessary or appropriate in
connection therewith. This term is to be broadly construed so as to
include any lawful undertaking which will accrue to the benefit of the
Authority Facilities, including joint ventures and acquisitions of
partial interests or contractual rights. "Project" may also include
working capital, as well as any costs or judgments associated with
litigation.
"Public Agencies" means any "public agency", as defined in the Interlocal Act.
"Service Area" means the geographic boundaries within which the NCRWA
shall provide or is otherwise authorized to provide water, wastewater,
and/or reclaimed water services pursuant to this Agreement.
"State" means the State of Florida.
"Utility Acquisition Agreement" means any agreement between the
Authority and an Authority Member, other Public Agency or public or
private entity relating to the disposition of a Utility System, or
portion thereof.
"Utility System" shall mean the Authority Facilities comprising a
separate water, wastewater, and/or reclamation water system, which
shall be accounted for separately from any other Authority Facilities.
Each Utility System shall be designated as such by the Board.
SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise,
words importing the singular number include the plural number and vice
versa; the terms "hereof," "hereby," "hereto," "hereunder," and similar
terms refer to this Agreement; and the term "hereafter" means after,
and the term "heretofore" means before, the effective date of this
Agreement. Words of any gender include the correlative words of the
other gender, unless sense indicates otherwise.
ARTICLE II
CREATION AND GOVERNANCE
SECTION 2.01. CREATION.
A. The Authority Members hereby provide for and create this
organization pursuant to the provisions of Section 163.01, Florida
Statutes, and other applicable law to be known as the Nature Coast
Regional Water Authority (herein NCRWA).
B. Attached as Appendix A to this Agreement is a map depicting the
geographic territory, which shall collectively be known as the Service
Area.
C. The municipalities of Cross City, Fanning Springs, and Trenton may
continue to provide water, wastewater, and reclaimed water services
within their respective utility area service boundaries established in
Appendix B hereto.
D. The City of Fanning Springs will revise their utility service area
to enable the NCRWA to provide water, wastewater, and reclaimed water
service to the unincorporated areas of Dixie County and Gilchrist
County currently within the City's utility service area. Upon execution
of this Agreement the City of Fanning Springs shall coordinate with
Dixie County and Gilchrist County to determine which portions of the
City's service area(s) will be transferred to the Authority.
E. Prior to the establishment of new services by the NCRWA, the respective local government must approve said area.
F. Prior to the establishment of new service within an existing service
area by the NCRWA, the respective local government must approve said
service unless such approval has been issued prior to the effective
date of this Agreement.
G. Each Authority Member will contribute five thousand dollars
($5,000.00) to the NCRWA for operation expenses 30-days after signing
the Agreement.
H. Each Authority Member will contribute another five thousand dollars
($5,000.00) by March 1, 2010 to the NCRWA for operation expenses.
I. The Town of Bell is excluded from Section 2.01 G and H herein.
However, the Town of Bell shall consider what it can feasibly
financially contribute in 2009 and 2010 towards the Authority's
operational expenses.
SECTION 2.02. PURPOSES.
A. The purposes of the NCRWA shall be:
1. To acquire water, wastewater, and/or reclaimed utility facilities and systems throughout the Service Area;
2. To acquire, construct, own, improve, operate, manage and maintain the Authority Facilities;
3. To provide the most economic and efficient water, wastewater, and
reclaimed utility services throughout the Service Area in a
non-discriminatory manner;
4. To dispose, from time to time, of such portions of the Authority
Facilities to Authority Members, other Public Agencies or entities as
it deems appropriate in accordance with the terms hereof and the terms
of any Utility Acquisition Agreements.
B. The creation and organization of the NCRWA and the fulfillment of
its objectives serves a public purpose, and is, in all respects, for
the benefit of the people of this State, affected Authority Members and
their constituents, and the persons or entities served by the Authority
Facilities. The Authority is performing an essential governmental
function. All property of the Authority is and shall in all respects be
considered to be public property, and the title to such property shall
be held by the Authority for the benefit of the public. The use of such
property shall be considered to serve a public purpose, until disposed
of upon such terms as the Authority may deem appropriate. Insofar as
provided for by law, all Obligations and interest or income thereon and
all the property, facilities, services, activities, and revenues of the
Authority are declared to be nontaxable for any and all purposes by the
State or federal government or any unit of the State or federal
government to the same extent as if owned or issued by or on behalf of
the Authority Members or a Public Agency.
SECTION 2.03. POWERS AND DUTIES.
A. The NCRWA shall have the following powers, in addition to and
supplementing any other privileges, benefits, and powers granted by
Section 163.01, Florida Statutes and other applicable law;
1. To make and execute contracts or other instruments necessary or convenient to the exercise of its powers.
2. To sue and be sued in its own name.
3. To maintain an office or offices at such place or places as the Board may designate from time to time.
4. To hold, control and acquire by donation or purchase, or dispose of,
any public easements, dedications to public use, platted reservations
for public purposes, or any reservations for those purposes authorized
by this Agreement and to make use of such easements, dedications and
reservations for any of the purposes authorized by this Agreement.
5. To lease, as lessor or lessee, to or from any person, firm,
corporation, association or body, public or private, facilities or
property of any nature to carry out any of the purposes authorized by
this Agreement.
6. To borrow money and issue bonds, certificates, warrants, notes, obligations or other evidence of indebtedness.
7. To assess, levy, impose, collect and enforce special assessments to
provide Assessable Improvements upon all or any portion of the lands
located within a Service Area. Such special assessments shall be
presented to and approved by the respective Authority Member governing
body prior to final action by the Authority. Such special assessments
may be apportioned among benefited property in a manner proportionate
with the benefits received or commensurate with the burdens alleviated
by the maintenance and use of property based upon such factors or
combination of factors as determined by resolution of the Board. Such
special assessments may, in the discretion of the Board, be imposed,
collected and enforced using any methods and procedures authorized by
law, including Section 197.3632, Florida Statutes; or the Board may
adopt by resolution its own method or procedures or use any other
method or means for levy, imposition, collection and enforcement not
inconsistent with law.
8. To apply for and accept grants, loans and subsidies from any
governmental entity for the acquisition, construction, operation and
maintenance of the Authority Facilities, and to comply with all
requirements and conditions imposed in connection therewith.
9. To the extent allowed by law and to the extent required to
effectuate the purposes hereof, to exercise all privileges, immunities
and exemptions accorded municipalities and counties of the State under
the provisions of the constitution and laws of the State.
10. To acquire water and water rights; develop, store, and transport
water; and sell water either wholesale or retail in the manner provided
herein.
11. To acquire, construct, own, operate, manage, maintain, dispose of,
improve and expand the Authority Facilities, and to have the exclusive
control and jurisdiction thereof.
12. To acquire, by purchase, gift, devise or otherwise, and to dispose of, real or personal property, or any estate therein.
13. To the extent permitted by law, to provide for mandatory water,
wastewater, and reclaimed water connections of potential customers
located in a Service Area upon availability of services by the NCRWA.
14. To fix, levy and collect rates, fees and other charges (including
Connection Fees) from persons or property, or both, for the use of the
services, facilities and product of the Authority Facilities or to pay
the operating or financing costs of the Authority Facilities available
to potential users; to provide for automatic annual adjustments to
rates, fees and other charges in such manner as authorized for
utilities regulated under Chapter 367, Florida Statutes, or in such
other manner as the Board deems appropriate, to fix and collect charges
for making connections with the Authority Facilities and, to the extent
provided by law, to provide for reasonable penalties to be imposed on
any users or property for any such rates, fees or charges that are
delinquent.
15. To contract with one or more private or public entities or persons
for the purpose of carrying out any of its powers and for that purpose
to contract with such other entities for the purpose of financings such
acquisitions and operations, and for the division and apportionment of
the benefits, services and products therefrom. Such contracts may
contain such other and further covenants and agreements as may be
necessary and convenient to accomplish the purposes hereof.
16. To enter into other Interlocal agreements or join with any other
special purpose or general purpose local governments, special
districts, public agencies or authorities in the exercise of common
powers or to assist the Authority in acquiring land and rights or
interests therein.
17. To contract for the service of engineers, accountants, attorneys,
rate consultants, and other experts or consultants, and such other
agents and employees as the Board may require or deem appropriate.
18. To develop, implement, disseminate, publicize and otherwise
encourage water conservation and reuse plans, programs and projects on
behalf of one or more Authority Members in order to reduce the per
capita usage of water.
19. To contract with an Authority Member or any private or public
entity or person for the operation, maintenance or management of the
NCRWA.
20. To accomplish construction directly or by advertising for
construction bids and letting contracts for all or any part of the
construction or improvements to NCRWA Facilities to the lowest, best
and responsible bidder or rejecting any and all bids at its sole
discretion; provided, however, that the competitive bid requirement may
be waived if (A) the Board determines that emergency circumstances are
present; or ( after consideration of all available alternative
materials and systems, the Board determines that the specifications of
a sole material or system is justifiable based upon its design, cost,
interchangeability or any other relevant factor.
21. To issue obligations in the manner provided in the Revenue Bond Act
of 1953, as amended, Part I, Chapter 159, Florida Statutes, or Part II,
Chapter 159, Florida Statutes, provided, however, that such obligations
shall not constitute a debt or obligation of the Authority Members.
22. Subject to such provisions and restrictions as may be set forth
herein and in any Financing Document, to sell or otherwise dispose of
the Authority Facilities, or any portion thereof, upon such terms as
the Board deems appropriate. To enter into Utility Acquisition
Agreements to effect such dispositions.
23. To appoint advisory, administrative or operating boards or
committees to assist the NCRWA in the exercise and performance of the
powers and duties provided for under this Agreement.
24. To apply for, obtain, renew, modify, receive by assignment, and
comply with any and all permits, licenses or other third party
approvals necessary for the acquisition, development, construction, or
operation of NCRWA's water, wastewater, or reclamation facilities.
25. To assist Authority Members in constructing and operating reclaimed
water projects to optimize the use of reclaimed water to replace the
need for potable water.
26. To the extent provided by law, to require and enforce the use of
services, products and facilities of the Authority whenever and
wherever they are accessible, and to require and enforce the
installation and dedication to the Authority of water, wastewater, and
reclamation facilities or easements as a condition precedent to the
provision of service by the Authority or by another entity authorized
by the Authority to provide interim service until Authority services,
products and facilities are available.
27. To sell or otherwise dispose of the effluent, sludge or other by-products as a result of water or wastewater treatment.
28. To construct, maintain and operate connecting, intercepting, or
outlet wastewater and wastewater mains and pipes and water mains,
conduits or pipelines in, along or under any streets, alleys, highways
or other public places or ways regulated by or under the jurisdiction
of the State or any political subdivision or municipal corporation when
necessary or convenient for the purposes of the Authority.
29. To do all acts and things authorized by Florida Statutes, the
Florida Constitution and respective home rule powers of the Authority
Members as may be necessary or convenient for the conduct of its
business in order to carry out the powers and duties provided in this
Agreement.
B. The Service Area of NCRWA is established in Section 2.01.B and
Appendix A. The NCRWA only may exercise rights, powers, privileges, and
authorities granted herein outside of such geographic territory by an
affirmative vote of the majority of the NCRWA Board.
SECTION 2.04. BOARD OF DIRECTORS.
A. All powers, privileges and duties invested in or imposed upon the
NCRWA shall be exercised and performed by and through a Board of
Directors; provided, however, that the exercise of any and all
executive, administrative and ministerial powers may be delegated by
the Board of Directors to the General Manager (GM).
B. The Board shall be comprised of one Director from each Authority
Member, with each director being entitled to one (1) vote.
C. Each Authority Member shall appoint the Board Members within sixty
(60) days of adoption of this Agreement. The initial appointments for
the positions in shall be for one (1) and two (2) year terms, and the
initial terms shall be determined by lot at the Board's first meeting.
Thereafter, the appointments shall be for terms of two (2) years.
D. The terms of all Directors shall run commensurate with the fiscal year of the NCRWA.
E. Any Director may resign from all duties and responsibilities
hereunder by giving at least thirty (30) calendar days prior written
notice sent by registered or certified mail to the General Manager.
Such notice shall state the date such resignation shall take effect and
such resignation shall take effect on that date.
F. Authority Members may only suspend or remove a Director involuntarily by the following process:
1. By resolution specifying facts sufficient to advise the Director as
to the basis of his or her suspension or removal and after reasonable
notice to the Director and an opportunity for the Director to be heard,
the governing body of the Authority Member may:
a) Suspend or remove from office any Director for malfeasance,
misfeasance, neglect of duty, habitual drunkenness, incompetence,
permanent inability to perform his or her official duties.
b) Suspend from office any Director who is arrested for a felony or for
a misdemeanor related to the duties of office or who is indicted or
informed against for the commission of any federal felony or
misdemeanor or state felony or misdemeanor.
2. In addition, the governing body of the Authority Member may remove
from office any Director who is convicted of a federal felony or
misdemeanor or state felony or misdemeanor. For the purpose of this
subsection, any person who pleads guilty or nolo contendere or who is
found guilty shall be deemed to have been convicted, notwithstanding a
suspension of sentence or a withholding of adjudication.
3. A suspended Director may, at any time before his or her removal, be
reinstated by the governing body of the Authority Member in its
discretion.
4. The suspension of a Director by a governing body of an Authority
Member creates a temporary vacancy in such office during the
suspension. Any temporary vacancy in office created by the suspension
of a Director under the provisions of this section shall be filled by a
temporary appointment to such office for the period of the suspension,
not to extend beyond the term of the suspended Director. Such temporary
appointment shall be made by the governing body of the Authority
Member, and must meet the residency and homestead requirements set
forth in this Agreement.
5. No Director who has been suspended from office under this section
may perform any official act, duty, or function during his or her
suspension, or be entitled to any of the privileges of his or her
office during suspension.
6. If the Director is acquitted or found not guilty or is otherwise
cleared of the charges which were the basis of the arrest, indictment,
or information by reason of which he or she was suspended under the
provisions of this section, the governing body of the Authority Member
shall forthwith revoke the suspension and restore such Director to
office. If, during the suspension, the term of office of the Director
expires and a successor is either appointed or confirmed, he or she
shall not be reinstated.
SECTION 2.05. BOARD MEETINGS. The Board shall meet on a regular basis
at such times and at such places as determined by the Board; provided,
however, special meetings may be called by the Chairperson and in his
or her absence, by the Vice-Chairperson. All Board Meetings shall be
held pursuant to Section 286.011, Florida Statutes, and other
applicable laws.
SECTION 2.06. QUORUM AND VOTING.
A. A quorum for the transaction of business at any regular or special
meeting of the Board shall consist of a majority of the Directors.
Notwithstanding the foregoing, a majority of the Directors present at
any meeting may act to continue the meeting to any time and date
specified in such action.
B. Each Director shall be entitled to one (1) vote. Except as provided
in Section 2.06.C and as otherwise expressly set forth in this
Agreement, Board action shall require a majority vote of the Directors
present.
C. The following Board actions shall require an affirmative vote of not
less than two-thirds (2/3) of the number of Directors:
1) Approval to incur debt.
2) Dismissal of the General Manager.
3) Purchase of water, wastewater, and/or reclamation facilities or any portion thereof.
4) Sale or other disposition of the NCRWA's water, wastewater, and/or reclamation facilities or any portion thereof.
5) Contracts with an Authority Member or any private or public entity
or person for the operation or management of water or wastewater
facilities owned or operated by the NCRWA.
6) Approval of any funding from an Authority Member as part of the mid-term or long-term funding.
SECTION 2.07. OFFICERS OF THE BOARD.
A. At its first organizational meeting and in September of each year
thereafter, the Board shall elect a Chairperson from their number, who
shall serve for a period of one (1) year, or until a successor shall
have been duly elected and qualified, whichever is later. The
Chairperson shall preside at all meetings of the Board.
B. At its first organizational meeting and in September of each year
thereafter, the Board shall elect a Vice-Chairperson from their number,
who shall serve for a period of one (1) year or until a successor shall
have been duly elected and qualified, whichever is later. In case of
the absence or the disability of the Chairperson, the Chairperson's
duties shall be performed by the Vice- Chairperson. The
Vice-Chairperson shall perform such additional duties as are authorized
by the Board.
C. At its first organizational meeting and in September thereafter each
year, the Board shall elect a Secretary-Treasurer from their number,
who shall serve for a period of one (1) year, or until a successor
shall have been duly elected and qualified, whichever is later. In case
of the absence or disability of the Vice-Chairperson, the
Vice-Chairperson's duties shall be performed by the
Secretary-Treasurer. The Secretary-Treasurer shall perform such
additional duties as are authorized by the Board.
D. If a vacancy occurs in any office, the Board shall at its next
regular meeting elect a replacement to serve the balance of the expired
term.
E. If neither the Chairperson nor Vice-Chairperson attends a meeting at
which a quorum is present, the Directors present may elect one of their
number to serve as Chairperson Pro-Tem for that meeting.
SECTION 2.08. POWERS AND DUTIES OF THE BOARD. The Board shall act as
the governing body of the NCRWA and shall have the following powers and
duties:
A. To fix the time and place or places at which its regular meetings shall be held, and to call and hold special meetings.
B. To make and pass rules, regulations, resolutions and orders not
inconsistent with the Constitution of the United States or of the
State, or to the provisions of the affairs of the NCRWA, and for
carrying into effect the provisions of this Agreement.
C. To fix the location of the principal place of business of the NCRWA and the location of all offices maintained thereafter.
D. To prescribe a system of business administration and to create any
and all necessary officers in addition to Chairman, Vice-Chairman and
Secretary-Treasurer; to establish the powers, duties and compensation
of all employees; and to require and fix the amount of all official
bonds necessary for the protection of the funds and property of the
Authority.
E. To select and employ a General Manager, who shall administer the
affairs and manage the staff of the NCRWA with Board approval, and
perform all other administrative duties as directed by the Board.
F. To appoint a General Counsel to act as the Chief Legal Officer of
the NCRWA, manage the NCRWA's legal representation and provide legal
advice and support to the Board, GM and NCRWA staff, and perform such
other duties as directed by the Board consistent with the NCRWA's
budget.
G. To amend the NCRWA's name, as permitted by law.
SECTION 2.09. ANNUAL BUDGET.
A. Prior to May of each year the GM shall prepare and deliver to the
Board a balanced tentative budget for the NCRWA covering its proposed
operating and other financial requirements for the ensuing fiscal year.
The tentative budget shall identify the rates for which water will be
sold and wastewater treated during such fiscal year and shall
specifically state if the identified rates constitute a change from
existing rates.
B. In addition to the notice and review rights accorded to the
Authority Members pursuant to Section 3.05 of this Agreement, the Board
shall publish a notice of its intention to adopt the budget and shall
provide copies of the notice and tentative budget to each Authority
Member on or before the first publication date. The notice shall
include a summary of the tentative budget, specify the rates at which
water will be sold and any proposed changes to such rates anticipated
in the tentative budget, and identify the time, date and place at which
the public may appear before the Board and state their objections to or
support of the budget and rates.
C. At the time, date and place specified in the notice, the Board shall
conduct a public hearing and thereafter may consider adoption of the
budget and rates with any amendments it deems advisable. The public
hearing on the budget may be continued without the need for
republication of notice. Unless otherwise authorized by the Board, the
final budget and rates shall be adopted and provided to each Authority
Member by July 1 of each year.
D. The adopted budget shall be balanced and shall be the operating and
fiscal guide for the NCRWA for the ensuing fiscal year. The Board may
from time to time amend the budget at any regular or special meeting;
provided however, that prior to approving any budget amendment that
increases the total budget for any fiscal year (other than a budget
amendment appropriating grant funds or the proceeds of obligations),
the Board shall provide notice and conduct an additional public hearing
in the manner described in this section.
SECTION 2.10. PERFORMANCE AUDIT AND MANAGEMENT STUDY. The NCRWA shall
consider whether or not to conduct a performance audit and management
study to review program results and make recommendations regarding its
governance structure in the proper, efficient and economical operation
and maintenance of the NCRWA's water supplies and wastewater treatment
immediately following the end of the second full fiscal year. If the
NCRWA determines at the end of the second full fiscal year to conduct
the performance audit and management study, it may thereafter consider
further performance audit and management studies from time to time as
determined by the Board. If the NCRWA does not determine at the end of
the second full fiscal year to conduct the performance audit and
management study, it shall conduct a performance audit and management
study at the end of the third full fiscal year and thereafter as may be
determined by the Board. The NCRWA shall retain an accounting firm or
management consulting firm to conduct the performance audit and
management study.
SECTION 2.11. ANNUAL AUDIT. An annual audit of the NCRWA financial
statements shall be conducted each year by independent auditors. The
audit shall be completed no later than six (6) months after the end of
the fiscal year. The audit shall be in accordance with generally
accepted auditing standards and the standards applicable to financial
audits contained in Government Auditing Standards issued by the
Comptroller General of the United States.
ARTICLE III
WATER SUPPLY, WASTEWATER, AND RECLAIMED WATER PROVISIONS
SECTION 3.01. COOPERATION. The Authority Members agree that cooperative
efforts are necessary in order to meet their respective needs for
water, wastewater, and reclaimed water in a manner which will provide
adequate and dependable supplies and service. The Authority Members
shall continue their cooperative efforts to develop and implement
effective conservation programs in order to reduce per capita demand
for water.
SECTION 3.02. EXCLUSIVITY. It is expressly understood and agreed that
NCRWA shall be the sole and exclusive supplier of water, the sole and
exclusive provider of wastewater treatment, and the sole and exclusive
provider of reclaimed water to the Authority Members within the Service
Area set forth in Appendix A hereto, as such appendix may subsequently
be amended.
A. The Authority Members shall neither create nor, to the extent
permitted by law, allow creation of any special district (including a
community development district) or Governmental Authority pursuant to
Chapter 189, Florida Statutes, Section 163.01, Florida Statutes,
Section 373.1962, Florida Statutes, or another provision of general or
special law or by ordinance or contract, which is authorized to produce
water, treat wastewater, or reclaimed water within the Service Area of
the NCRWA. This section shall not apply to the creation of any special
district or other Governmental Authority that is required to use the
NCRWA (through an Authority Member) as its exclusive supplier of water,
treater of wastewater, and/or reclaimed water for customers located
within the geographic territory of the NCRWA, as established in
Appendix A hereto, the sole and exclusive provider of wastewater
treatment to the same extent as required by the Authority Members
hereunder.
B. To the extent permitted by law, the Authority Members shall not
franchise new or expanded private water utilities following the
effective date of this Agreement unless the franchisee agrees to the
use of the NCRWA (through the Authority Member) as its exclusive
supplier of water, treater of wastewater, and/or reclaimed water for
customers located within the NCRWA Service Area to the same extent as
required by the Authority Members hereunder.
C. The Authority Members shall not assist or encourage the creation or
expansion of a private utility by the Florida Public Service Commission
unless the private utility agrees to use the NCRWA (through an
Authority Member) as its exclusive supplier of water, treater of
wastewater, and/or reclaimed water for customers located within the
NCRWA Service Area to the same extent as required by the Authority
Members.
D. The Authority Members shall not work in concert with any person,
corporation, local government, unit of federal or state government,
special district, governmental authority or other entity for the
purposes of avoiding or evading the exclusivity requirements of this
section.
SECTION 3.03. OBLIGATION TO MEET WATER, WASTEWATER, AND RECLAIMED WATER NEEDS.
A. Except as otherwise expressly provided herein, NCRWA shall have the
absolute, continuing and unequivocal obligation to meet the water,
wastewater, and reclaimed water needs of the Authority Members within
the Service Area established in Appendix A hereto, as may be
subsequently amended. This obligation shall only apply if the need is
determined by the Authority to be cost feasible, if the need is
determined to be reasonable, and if capacity is or will be readily
available to meet the need.
B. NCRWA shall oppose any permit, order, rule or other regulatory
effort to reduce or limit the permanent capacity of its water,
wastewater facilities, and reclaimed water unless (1) the reduction or
limitation results from an agreement to which all Authority Members are
parties; or, (2) the reduction or limitation will not become effective
until adequate replacement capacity has been placed in service. NCRWA
may join any Authority Member in opposing permit, order, rule or other
regulatory effort to reduce or limit the permitted capacity of said
Authority Members water and wastewater facilities.
C. The GM shall actively monitor the relationship between the quantity
of water actually delivered to the Authority Members or wastewater
treated or reclaimed water availability on the Authority Members behalf
and the aggregate permitted capacity of NCRWA's and Authority Members
production and treatment facilities.
SECTION 3.04. NOTICE AND REVIEW OF RATES, FEES AND CHARGES.
A. The NCRWA Board shall take all such actions and pass any resolutions
as may be necessary to ensure that the rates, fees and other charges
applied to and collected from the residents of the Authority Members
who receive water, wastewater, and/or reclaimed water service from the
NCRWA are identical.
B. The Authority Members hereby reserve the right to review and approve
as fair and reasonable any changes proposed by the NCRWA to the rates,
charges, customer classifications, and terms of service to be offered
to customers of the NCRWA residing in their respective counties prior
to the NCRWA adoption of such changes. In reserving the foregoing
right, the Authority Members understand and acknowledge that the right
to review and approve any changes proposed by the NCRWA is subject to
the obligation of the NCRWA to establish rates and charges that comply
with the requirements contained in any indenture, resolution or trust
agreement relating to the issuance of Bonds to acquire and improve the
effected utility and the Authority Members expressly agree that they
shall not, collectively or individually, dispute any rate change, or
part thereof, required to permit the NCRWA to pay the Bonds or
otherwise comply with the requirements of NCRWA's obligations. The
NCRWA shall provide the Authority Members or their designees with
information concerning any proposed change in rates, charges, customer
classifications and terms of service at least thirty (30) days prior to
the hearing date established by the NCRWA for consideration of such
changes except that this notice and review provision shall not apply
nor be required for annual indexing adjustments to such rates and
charges. Each Authority Member shall have fifteen (15) days from
receipt of such information to notify the NCRWA in writing if such
Authority Member does not approve of any proposed change and shall
specify reasons for such disapproval. If an Authority Member fails to
notify the NCRWA in writing of such disapproval, the proposed change
shall be deemed approved and the NCRWA shall proceed to conduct any
required hearing. If an Authority Member notifies the NCRWA of the
disapproval of a change, the Authority Member and NCRWA shall implement
the dispute resolution process set forth in Article V.
SECTION 3.05. REVIEW OF CAPITAL IMPROVEMENT PROGRAM.
A. The NCRWA shall annually submit a five-year capital improvement plan
to the Authority Members, prior to the NCRWA's adoption of an annual
budget. The NCRWA's capital improvement plan, capital improvements and
utility expansion and line extension policies and procedures shall
remain at all times consistent with the land development regulations,
local comprehensive plans, building and zoning codes and
specifications, right-of-way utilization and other applicable
ordinances, policies and regulations of the Authority Members.
B. The Authority Members and the NCRWA agree that it shall be within
the Authority Member's sole discretion to determine whether such
capital improvement plan, capital improvements as well as the NCRWA's
utility expansion and line extension policies as applied within each
Authority Member's political boundaries are consistent with the
respective Authority Member's land development regulations,
comprehensive plan, building and zoning codes and specifications,
right-of-way utilization and other applicable ordinances, policies and
regulations unless authority to make preliminary determinations of such
consistency is expressly delegated to the NCRWA by an Authority Member.
C. Each Authority Member shall have sixty (60) days from receipt of
such plan to notify the NCRWA in writing if such Authority Member does
not approve of any proposed project within the plan and shall specify
reasons for such disapproval. If an Authority Member fails to notify
the NCRWA in writing of such disapproval, the proposed plan shall be
deemed approved. If an Authority Member fails to notify the NCRWA in
writing of such disapproval, the proposed plan shall be deemed
approved. If an Authority Member notifies the NCRWA of the disapproval
of a project, the Authority Member and NCRWA shall implement the
dispute resolution process set forth in Article V.
SECTION 3.06. FILING OF ANNUAL REPORTS BY NCRWA. Annually, the NCRWA
shall file a copy with and, if requested, appear and present to each
Authority Member the NCRWA's Comprehensive Annual Financial Report
("CAFR") for the preceding fiscal year within fourteen (14) days of the
CAFR becoming final. At the request of a County Member, the NCRWA shall
also appear and present the CAFR.
ARTICLE IV
OBLIGATIONS
SECTION 4.01. GENERAL AUTHORITY. The Board shall have the power and is
hereby authorized to provide, at one time or from time to time in
series, for the issuance of Obligations of the Authority to fund the
project cost of water, wastewater, and reclamation facilities. Other
than Obligations described in Section 4.09 hereof, the principal of and
interest on each series of Obligations shall be payable from Pledged
Funds.
SECTION 4.02. TERMS OF THE OBLIGATIONS. The Obligations shall be dated,
shall bear interest at such rate or rates, shall mature at such times
as may be determined by the Board, and may be made redeemable before
maturity, at the option of the Authority, at such price or prices and
under such terms and conditions as may be fixed by the Board. Such
Obligations shall mature not later than thirty (30) years after their
issuance and may, at the option of the Board, bear interest at a
variable rate. The Board shall determine the form of the Obligations,
the manner of executing such Obligations, and shall fix the
denominations of such Obligations, the place or places of payment of
the principal and interest, which may be at any bank or trust company
within or outside of this state, and such other terms and provisions of
the Obligations as it deems appropriate. The Obligations may be sold at
public or private sale for such price or prices as the Board shall
determine.
SECTION 4.03. TEMPORARY OBLIGATIONS. Prior to the preparation of
definitive Obligations of any series, the Board may, under like
restrictions, issue interim receipts, interim certificates, or
temporary Obligations, exchangeable for definitive Obligations when
such Obligations have been executed and are available for delivery. The
Board may also provide for the replacement of any Obligations which
shall become mutilated, destroyed or lost. Obligations may be issued
without any other proceedings or the happening of any other conditions
or things than those proceedings, conditions or things which are
specifically required by this Agreement.
SECTION 4.04. ANTICIPATION NOTES. In anticipation of the sale of
Obligations, the Board may issue notes and may renew the same from time
to time. Such notes may be paid from the proceeds of Obligations, the
Pledged Funds, the proceeds of the notes and such other legally
available monies as the Board deems appropriate. Said notes shall
mature within five (5) years of their issuance and shall bear interest
at a rate not exceeding the maximum rate provided by law. The Board may
issue Obligations or renewal notes to repay the notes. The notes shall
be issued in the same manner as the Obligations.
SECTION 4.05. TAXING POWER NOT PLEDGED. Obligations issued under the
provisions of this Agreement shall not be deemed to constitute a Pledge
of the faith and credit of the Authority or any Authority Member, but
such Obligations shall be payable only from Pledged Funds in the manner
provided herein and by the financing documents. The issuance of
Obligations under the provisions of this shall not directly or
indirectly obligate any Authority Member to levy or to pledge any form
of ad valorem taxation whatever therefore. No holder of such
Obligations shall ever have the right to compel any exercise of the ad
valorem taxing power on the part of any Authority Member to pay any
such Obligations or the interest thereon or to enforce payment of such
Obligations or the interest thereon against any property of the NCRWA,
nor shall such Obligations constitute a charge, lien or encumbrance,
legal or equitable, upon any property of the NCRWA, except the Pledged
Funds.
SECTION 4.06. TRUST FUNDS. Upon issuance of any series of Obligations,
the Pledged Funds shall be deemed to be trust funds, to be held and
applied solely as provided in financing documents. The pledged Funds
may be invested by the NCRWA, or its designee, in the manner provided
by the financing documents. The Pledged Funds upon receipt thereof by
the NCRWA shall be subject to the lien and pledge of the holders of any
Obligations or any entity other than the NCRWA provided credit
enhancement on the Obligations.
SECTION 4.07. REMEDIES OF HOLDERS. Any holder of Obligations, except to
the extent the rights herein given may be restricted by the financing
documents, may, whether at law or in equity, by suit, action, mandamus,
or other proceedings, protect and enforce any and all rights under the
laws of the state or granted hereunder or under the financing
documents, and may enforce and compel the performance of all duties
required hereunder or under the financing documents, to be performed by
the NCRWA.
SECTION 4.08. REFUNDING OBLIGATIONS. The Authority may issue
Obligations to refund any Obligations then outstanding and provide for
the rights of the holders hereof. Such Refunding Obligations may be
issued in an amount sufficient to provide for the payment of the
principal of, redemption premium, if any, and interest on the
outstanding Obligations to be refunded.
SECTION 4.09. CONDUIT TRANSACTIONS. In addition to the powers granted
to the NCRWA hereunder, including the power to issue Obligations
pursuant to this Article IV for the purpose of funding project costs of
water and wastewater facilities, the Authority may issue Obligations
for the principal purpose of loaning the proceeds thereof to a public
or private entity, which shall finance or refinance the acquisition and
construction of water treatment, production or transmission facilities,
wastewater, and/or reclamation facilities. Water, wastewater, or
reclaimed water service from such facilities shall be purchased in
whole or in part by the NCRWA for purposes of supplying quality
services within the NCRWA's Service Area. Such security may include
monies received pursuant to a loan agreement between the NCRWA and such
public or private entity. Obligations shall have the terms provided in
Section 4.02 hereof.
SECTION 4.10. AUTHORITY MEMBER GOVERNMENT COOPERATION. Each Authority
Member shall cooperate with the NCRWA when the NCRWA issues
Obligations. In such connection, each Authority Member and the NCRWA
shall comply with reasonable requests of each other and will, upon
request of the NCRWA or Authority Member:
A. Make available copies of annual reports produced annually by the
NCRWA and Authority Member which contain general and financial
information;
B. Consent to publication and distribution of such financial information;
C. Certify that such general and financial information is accurate,
does not contain any untrue statements of a material fact and does not
omit to state a material fact necessary to make the statements in the
information, in light of circumstances under which they were made, not
misleading;
D. Make available certified copies of official proceedings;
E. Provide reasonable certifications to be used in a transcript of closing documents; and
F. Provide reasonably requested certificates and/or opinions of counsel as to the binding effect of this Agreement.
ARTICLE V
DISPUTE RESOLUTION
SECTION 5.01. NOTICE. The NCRWA and Authority Members agree to resolve
any dispute related to the interpretation or performance of this
Agreement, including disputes which may arise as a result of the
disapproval by an Authority Member of a change proposed by the NCRWA
pursuant to Section 3.04 or a project proposed in a NCRWA capital
improvement plan pursuant to Section 3.05, in the manner described in
this section. Any party may initiate the dispute resolution process by
providing written notice to the other parties identifying the matter(s)
in dispute.
SECTION 5.02. MEETING. After transmittal and receipt of a notice
specifying the issue or issues in dispute, the parties agree to meet at
reasonable times and places, as mutually agreed upon, to discuss the
disputed issues.
SECTION 5.03. MEDIATION. If discussions between the parties fail to
resolve the dispute(s) within thirty (30) days of the initial notice of
such dispute, the parties shall designate a mutually acceptable,
neutral, third party to act as a mediator. The cost of the mediation,
if any, shall be borne equally by the parties. The mediation
contemplated by this section is intended to be a non-adversarial
process with the objective to help the parties reach a mutually
acceptable and voluntary agreement. The decision-making shall rest
solely with the parties. The mediator shall assist the parties in
identifying the issues, fostering joint problem-solving and exploring
settlement alternatives.
SECTION 5.04. LAWSUITS. If the parties are unable to reach a mediated
settlement within sixty (60) days of the mediator's appointment, any
party may terminate the settlement discussions by written notice to the
other party (or parties). In such event, any party may initiate
litigation or, where applicable, a proceeding under Section 403.412(2),
Florida Statutes, within thirty (30) days of the notice terminating the
settlement discussions. The venue for any such action, other than a
proceeding under Section 403.412(2), Florida Statutes, shall lie in the
county of the Authority Member being sued or, in the event that an
Authority Member is initiating suit against the NCRWA, venue shall lie
in the county where the NCRWA maintains its principal office.
ARTICLE VI
WITHDRAWAL AND TERMINATION
SECTION 6.01. WITHDRAWAL OF AUTHORITY MEMBER. The Authority Members
acknowledge and agree that an Authority Member may withdraw from the
NCRWA at the Authority Member's sole discretion upon a vote of a
supermajority vote of the respective board of county/municipal
commissioners/council members of a county/municipal Member. In the
event of the withdrawal from the NCRWA of an Authority Member, the
Authority shall retain water, wastewater, and/or reclaimed water
facilities, assets, expenses, liabilities, revenue, connection fees,
and other assets and customer-related information.
SECTION 6.02. TERMINATION OF AUTHORITY. In the event that all Authority
Members agree the NCRWA shall be terminated. The Authority Members
acknowledge and agree that in the event of termination under these
circumstances, the Authority Members shall negotiate a fair and
equitable distribution of NCRWA facilities, expenses, liabilities,
revenue, connection fees and other assets. To facilitate a fair
allocation in the event of termination, the NCRWA shall work with its
financial planners, accountant and engineers to provide the Authority
Members with unaudited allocations of assets and liabilities on a
periodic basis not to exceed every three (3) years.
SECTION 6.03. TRANSFER OF NCRWA FACILITIES TO WITHDRAWING AUTHORITY MEMBER OR UPON TERMINATION OF NCRWA.
A. In the event of a withdrawing Authority Member, the NCRWA may
transfer facilities and any debt obligations relating thereto to the
withdrawing Authority Member upon satisfaction of the following
conditions:
(1) Such Authority Member assumes all responsibilities and liabilities in regard to such transfer.
(2) Such transfer shall be approved by the governing body of the
Authority Member in whose jurisdiction the facilities are located.
(3) The NCRWA receives an opinion of a nationally recognized bond
counsel to the effect that the transfer of such facilities and any debt
obligations related thereto will not adversely affect the tax-exempt
status of the NCRWA's debt obligations.
B. In the event of the termination of the NCRWA, the NCRWA may transfer
facilities and debt obligations relating thereto to the respective
Authority Member upon satisfaction of the following conditions:
(1) Each Authority Member agrees to assume all responsibilities and
liabilities in regard to the facilities, expenses, liabilities,
revenue, connection fees and debt obligations to be transferred,
assigned and assumed by each Authority Member and to release the NCRWA
from any liability therefore.
(2) The NCRWA receives an opinion of a nationally recognized bond
counsel to the effect that the transfer of facilities and debt
obligations, related thereto, or the defeasance or extinguishing of
such debt obligations will not adversely affect the tax-exempt status
of the debt obligations or otherwise subject NCRWA to any liability
whatsoever pursuant to any applicable law, rule, regulation or
ordinance and that such transfer has been made in compliance with the
terms of all outstanding debt instruments.
ARTICLE VII
MISCELLANEOUS
SECTION 7.01. DELEGATION OF DUTY. Nothing contained herein shall be
deemed to authorize the delegation of any of the constitutional or
statutory duties of the State or the Authority Members or any officers
thereof.
SECTION 7.02. FILING. A copy of this Interlocal Agreement shall be
filed for records with the Clerk of the Circuit Court in each county
wherein an Authority Member is located.
SECTION 7.03. IMMUNITY.
A. All of the privileges and immunities from liability and exemptions
from laws, ordinances and rules which apply to the activity of
officials, officers, agents or employees of the Authority Members shall
apply to the officials, officers, agents or employees of the Authority
when performing their respective functions and duties under the
provisions of this Interlocal Agreement.
B. The Authority Members intend to utilize Section 768.28 and
163.01(9)C., Florida Statutes, other Florida Statutes and the common
law governing sovereign immunity to the fullest extent possible.
Pursuant to Section 163.01(5)(o), Florida Statutes, Authority Members
may not be held jointly liable for the torts of the officers or
employees of the Authority, or any other tort attributable to the
Authority, and that Authority alone shall be liable for any torts
attributable to it or for torts of its officers, employees or agents,
and then only to the extent of the waiver of sovereign immunity or
limitation of liability as specified in Section 768.28, Florida
Statutes. The Authority Members intend that the Authority shall have
all of the privileges and immunities from liability and exemptions from
laws, ordinances, rules and common law which apply to the
municipalities and counties of the State. Nothing in this Interlocal
Agreement is intended to inure to the benefit of any third-party for
the purpose of allowing any claim which would otherwise be barred under
the doctrine of sovereign immunity or by operation of law.
SECTION 7.04. LIMITED LIABILITY. No Authority Member shall in any
manner be obligated to pay any debts, obligations or liabilities
arising as a result of any actions of the Authority, the Directors or
any other agents, employees, officers or officials of the Authority,
except to the extent otherwise mutually agreed upon, and neither the
Authority, the directors or any other agents, employees, officers or
officials of the Authority have any authority or power to otherwise
obligate any individual Authority Member in any manner.
SECTION 7.05. INDEMNIFICATION. To the extent that doing so does not
waive any right of immunity available to the Authority Members, whether
pursuant to Section 768.28, Florida Statutes, or otherwise, NCRWA
hereby agrees to indemnify, protect, save and hold forever harmless the
Authority Members any and all of their respective commissioners,
officers and employees from and against all liabilities, obligations,
claims, damages, judgments, penalties, costs and expenses (including
attorneys' fees and all court costs) which arise after the creation of
the NCRWA which the Authority Members, or either of them, may incur,
suffer, sustain or for which either Authority Member may become
obligated or liable as a result of the acts or omissions of the NCRWA.
SECTION 7.06. AMENDMENTS. This Interlocal Agreement may be amended in
writing at any time by the concurrence of all of the Directors present
at a duly called meeting of the Authority and subsequent ratification
by the governing body of each Authority Member. However, this
Interlocal Agreement may not be amended so as to A. permit any profits
of the Authority to inure to the benefit of any private person, B.
permit the diversion or application of any of the monies or other
assets of the Authority for any purposes other than those specified
herein, C. adversely affect the tax-exempt status, if applicable, of
interest on the Obligations, or D. materially, adversely affect the
security for any Obligations.
SECTION 7.07. ADHERENCE TO OPEN GOVERNMENT. As a public entity, the
NCRWA shall adhere to and comply with all laws relating to Government
in the Sunshine and Public Records. In addition, as soon as
practicable, the NCRWA shall post on its website documents of the
NCRWA, including, among others, the agendas and minutes of any Board
meetings, the annual budget, the annual report, and the Capital
Improvement Plan.
SECTION 7.08. SEVERABILITY. In the event that any provision of this
Interlocal Agreement shall, for any reason, be determined invalid,
illegal or unenforceable in any respect by a court of competent
jurisdiction, the other provisions of this Interlocal Agreement shall
remain in full force and effect.
SECTION 7.09. CONTROLLING LAW. This Interlocal Agreement shall be construed and governed by Florida law.
SECTION 7.10. EFFECTIVE DATE. This Interlocal Agreement shall become
effective on the later of A. the dated date hereof or B. the date of
the last initial Authority Member executes this Interlocal Agreement
and the filing requirements of Section 8.02 hereof are satisfied.
IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and
on behalf of the Authority Members by their authorized officers or
officials on this _______ day of _______________, 2009.
DIXIE COUNTY, FLORIDA
By:_________________________
Chairperson
ATTEST:
_________________________
Clerk
IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and
on behalf of the Authority Members by their authorized officers or
officials on this _______ day of _______________, 2009.
GILCHRIST COUNTY, FLORIDA
By:_________________________
Chairperson
ATTEST:
_________________________
Clerk
IN WITNESS WHEREOF, this Interlocal Agreement has been executed by
and on behalf of the Authority Members by their authorized officers or
officials on this _______ day of _______________, 2009.
Town of BELL, FLORIDA
By:_________________________
Mayor
ATTEST:
_________________________
Clerk
IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and
on behalf of the Authority Members by their authorized officers or
officials on this _______ day of _______________, 2009.
Town of CROSS CITY, FLORIDA
By:_________________________
Mayor
ATTEST:
_________________________
Clerk
IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and
on behalf of the Authority Members by their authorized officers or
officials on this _______ day of _______________, 2009.
CITY OF FANNING SPRINGS, FLORIDA
By:_________________________
Mayor
ATTEST:
_________________________
Clerk
IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and
on behalf of the Authority Members by their authorized officers or
officials on this _______ day of _______________, 2009.
CITY OF TRENTON, FLORIDA
By:_________________________
Mayor
ATTEST:
_________________________
Clerk
Interlocal Agreement
Appendix A
Geographic Map of the
Nature Coast Regional Water Authority
Service Area
Interlocal Agreement
Appendix B
Geographic Map of Service Areas
Town of Cross City,
City of Fanning Springs,
And
City of Trenton
Cross City Councilman Marcellus Dawson and City Superintendent Johnny Green were arrested today along with two sitting Levy County Commissioners and face bribery & making false statement charges.
Both men are accused of taking "several hundred dollars" from an undercover agent at the Bonefish Grill in Gainesville, in exchange for trying to influence the council to approve building projects. The two Levy County Commissioners, William Samuel Yearty and Robert Anthony Parker, allegedly made a sweeter deal and got $10,000.
The charges apparently stem from a visit from the same "Sean Michaels" who allegedly bribed Billy Keen, Alton Land and "Big" John Driggers during the same time period.
In an ironic twist, both county commissioners and Marcellus Dawson had all just been re-elected. It seems likely that all three will have to be replaced, since the indictment forbids them from making any decisions on behalf of the government.
Former County Commissioners Alton Land and "Big" John Driggers,
along with retired Building and Zoning employee Billy Keen were removed
from the Dixie County Courthouse in handcuffs this morning, apparently
by FBI agents. Mr. Keen was arrested earlier this month for the alleged
theft of more than $5,000 in Community Development Block Grant funds.
The men were taken to the Federal Building in Gainesville and are
expected to be released by 4:00 pm today.
CDBG funds are used to assist low and middle income residents with home improvements and for economic development.
after many years at the public trough, IF these men are guilty as
charged they should go to the correctional center and pay healthy fines
and be made to pay all of salaries paid by Dixie County back to the
citizens of this fine county
The Bears lost a hard, tough game to the Indians last Friday night. When the dust finally settled, the Bears were on the bottom 44 to 27. The Bears started the first quarter with Scott fumbling on the first play. The defense recovered and held Fort White to four plays. The Indians moving the ball score first at six minutes into the quarter. On the kickoff return Rodney Scott smokes the Indians in an 89 yard foot race for the touch down. The Indians score once more and then again on another Scott fumble. Scott and the Bears come back in the second quarter to score on a four yard dash into the end zone. Cassidy adds the extra point and the Bears close the gap 20 to 13. The Indians score
once more in the second period. With less than two minutes in the half, Cassidy is called up for a 33 yard field goal attempt. Cassidy uncharacteristically misses and the half ends with Bears still trailing the Indians.
after consideration of all available alternative
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