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INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER <br />COUNTY, THE CITY OF SEBASTIAN AND SEBASTIAN <br />COMMUNITY REDEVELOPMENT AGENCY REGARDING THE <br />INSTALLATION OF UTILITY INFRASTRUCTURE WITHIN THE <br />SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY <br />THIS INTERLOCAL AGREEMENT (the "Agreement'), made and entered the last date <br />signed below by the parties, between the Indian River County Board of County Commissioners <br />(hereinafter the "County") the City of Sebastian, a municipal corporation of the State of Florida <br />(hereinafter the "City"), and the Sebastian Community Redevelopment Agency, a dependent <br />special district of the City of Sebastian, (hereinafter "CRA"), or collectively "CITY/CRA" to <br />outline the cooperation of the County, the City and the CRA with respect to a sewer main <br />installation program to facilitate septic to sewer conversions within the boundaries of the CRA. <br />WITNESSETH: <br />WHEREAS, Florida Statutes, Chapter 163, known as the "Florida Interlocal Cooperation <br />Act of 1969," authorizes local governmental units to make the most efficient use of their powers <br />by enabling them to cooperate with other localities and thereby provide services and facilities in a <br />manner and pursuant to forms of governmental organization that will accord best geographic, <br />economic, population and other factors influencing the needs and development of local <br />communities; and <br />WHEREAS, Florida Statutes, Chapter 166, "Municipalities", §166.021, "Powers", <br />authorizes the City to exercise any power for municipal purposes, except when expressly <br />prohibited by law, and <br />WHEREAS, Florida Statutes, Chapter 125, "Counties," §125.01, "Powers and duties" <br />authorize the County the power to carry on county government to the extent not inconsistent with <br />general or specific law; and <br />WHEREAS, in 1995, the City of Sebastian and Indian River County executed an Interlocal <br />Agreement (ILA) that provided the County the affirmative duty to supply water and wastewater <br />services within the incorporated area of the City in exchange for valuable consideration; and <br />WHEREAS, Section 4. Duties and Responsibilities of the County, (a)(4) of the ILA <br />establishes the manner in which the County will provide water and wastewater service; and <br />WHEREAS, Section 6.08. Concurrency; System Expansion, subsection (4), of the ILA <br />provides, "The County will provide wastewater service ... if the City requests such service in <br />writing, and the County has the wastewater treatment capacity available and a financing plan <br />approved by the City and County is developed for providing such service; and <br />WHEREAS, in 2023, Florida Statute §373.469 was enacted by the State of Florida, <br />requiring that onsite sewage treatment and disposal systems (OSTDS) located within Central <br />Indian River Lagoon Basin Management Action Plan Area connect to central sewer if available by <br />July 1, 2030, or upgrade conventional OSTDS to enhanced nutrient -reducing onsite sewage <br />treatment and disposal system (ENR-OSTDS); and 3120250025591 <br />RECORDED IN THE PUBLIC RECORDS OF <br />Page 1 of 8 RYAN L. BUTLER, CLERK OF COURT <br />INDIAN RIVER COUNTY FL <br />BK: 3777 PG: 2364 Page 1 of 16 5222025 3:22 PM <br />