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<br />INTERLOCAL AGREEMENT
<br />I.:: BETWEEN THE CITY OF FELLSMERE AND INDIAN RIVER COUNTY, FLORIDA
<br />FOR THE PROVISION OF WASTEWATER
<br />TRANSMISSION AND TREATMENT SERVICES
<br />THIS AGREEMENT entered into this %bay of Juno. 1999, by and among the CITY OF FELLSMERE. a
<br />municipality organized under the laws of the State of Florida, hereinafter referred to as "CITY", and INDIAN
<br />RIVER COUNTY, a political subdivision of Uto State of Florida, hereina0er referred to as "COUNTY".
<br />WITNESSETH
<br />WHEREAS, a number or land parcels within the City orFellsmere "CITY" are developed with businesses
<br />on small lots; and
<br />WHEREAS, small lots are not conducive to development utilizing individual septic tanks; and
<br />WHEREAS, the City has high groundwater tables and soil barriers that impede the proper functioning of
<br />septic tank systems; and
<br />WHEREAS, the State of Florida, Department of Iienlih and Rehabilitative Services (Department or
<br />Health) has documented many cases where septic tank systems were malfunctioning and/or improperly maintained,
<br />thus resulting in wastewater discharging directly into drainage ditches and onto the ground; and
<br />WHEREAS, the Department of Health has determined that many canals and drainage ditches in the
<br />CITY providing contact with the shallow groundwater aquifer have been the recipient of slonnwater nmoff and
<br />septic tank effluent; and
<br />WHEREAS,.the Department of Health fully supports and recommends the installation of a wastewater
<br />system as a means to reduce the threat to the health of the CITY residents; and
<br />WHEREAS, the CITY is planning to construct a wastewater collection and transmission system to better
<br />preserve the health, welfare, convenience and safety of the inhabitants of the CITY; and
<br />WHEREAS, the City has applied for financial assistance to cover the costs of the construction of this
<br />system; and
<br />WHEREAS, the construction of a wastewater system to serve the commercial and industrial arms will
<br />enable existing businesses to expand and new businesses to be established, thereby greatly improving the City's
<br />economic base and providing much needed new jobs; and
<br />WHEREAS, the COUNTY has additional lreamtent capacity to be constructed: and
<br />WHEREAS, the COUNTY is the owner/operator of Ute closest regional wastewater system leaving
<br />sufficient capacity to treat the CITY wastewater Gorr, and
<br />WHEREAS, the CITY and COUNTY both wish to protect the environment, provide sanitary service for
<br />the public health and attain an economy of scale and effective utilization of facilities;
<br />NOW, THEREFORE, pursuant to Chapter 163 of the Florida Statutes and in accordance with the codes of
<br />Indian River County, the parties do hereby enter into this Agreement for the purposes as set forth I!crein as follows:
<br />1. Purpose.
<br />The purpose of this Agreement is to provide to the City of Fcllsmerc, wastewater transmission, treatment
<br />and disposal services, in accordance with the Department of Environmental Protection regulations and other
<br />goveming regulations.
<br />2. Establishment of Function,
<br />A. SERVICE AREA. The CITY acknowledges that the Wastewater service arca herein established, shall
<br />be the prevailing Municipal Limits.
<br />B. CONSTRUCTION. The City will submit its engineering plans for transmission and pumping station
<br />construction to the COUNTY for review and approval prior to final design and project bidding. Such approval
<br />shall not be unreasonably withheld.
<br />C. OWNERSHIP AND OPERATION. The panics acknowledge that the CITY will own, and be
<br />responsible for die construction, operation and maintenance of the wastewater collection and transmission facility,
<br />to the Point of Connection (P.O.C.) with the COUNTY, as shown in Exhibit 1. The COUNTY shall continue to
<br />own, operate and maintain the facilities from the P.O.C. to the point of wastewater treatment and disposal and
<br />shall be charged with the treating and disposing of woslewaler, in accordance with the applicable regulations.
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<br />SmeadSoft Reprint Date: Monday, February 09, 2015 - 09:26:45 - OffcialDocuments:7427, Attachment Id 1, Page 1
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