93-R-21
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RESOLUTION NO. 93-R-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER AUTHORIZING THE AMENDMENT OF THE
INTERLOCAL AGREEMENT CREATING THE VOLUSIA
CITY-COUNTY WATER SUPPLY COOPERATIVE TO
ELIMINATE PRIVATE ENTERPRISES AS POSSIBLE
AFFILIATE MEMBERS OF THE COOPERATIVE; BY
ESTABLISHING THE METHOD BY WHICH THE
COOPERATIVE WOULD RESPOND TO LIABILITIES THAT
MIGHT BE INCURRED THROUGH PERFORMANCE OF THE
INTERLOCAL AGREEMENT AND INSURING AGAINST SUCH
LIABILITIES; REPEALING ALL RESOLUTIONS IN
CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Edgewater 1S a member of the Volusia
City-County Water Supply Cooperative (the "Cooperative"), having
ratified and executed the Interlocal Agreement of February 28,
1992, creating the Cooperative (the "Interlocal Agreement"); and,
WHEREAS, the Interlocal Agreement may in accordance with
Section 9 thereof, only be amended by the approval of the governing
body of every member of the Cooperative; and,
WHEREAS, Section 11 of the Interlocal Agreement authorizes the
status of Affiliate Membership for municipalities or private
enterprises that are suppliers of raw water; and,
WHEREAS, in accordance with an opinion of the Attorney General
of Florida, private enterprises may not participate in the
Interlocal Agreement; and
WHEREAS, the Cooperative has adopted its Resolution 93-3
recommending the amendment of the Interlocal Agreement by
eliminating language in Section 11 of the Interlocal Agreement
which authorized private enterprises to become a member of the
Cooperative and by adding language allowing governmental bodies to
become members of the Cooperative upon the approval of the Board of
Directors of the Cooperative; and,
WHEREAS, the Attorney General of Florida has also suggested
that the Interlocal Agreement be amended to provide language that
would establish the method by which the Cooperative would respond
to liabilities that might be incurred through performance of the
interlocal agreement, and insuring against such liability; and,
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WHEREAS, the Cooperative has adopted its Resolution 93-4
recommending the amendment of the Interlocal Agreement to address
the manner of responding to such liabilities and insuring against
the same.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Edgewater, Florida:
Section 1. The City Council of the City of Edgewater, hereby
approves the amendment to Sections 11 and the addition of Section
12 of the Interlocal Agreement to eliminate language that would
have authorized private enterprises to become a member of the
Cooperative and to add language allowing governmental bodies to
become members of the Cooperative upon the approval of the Board of
Directors of the Cooperative in accordance with Resolution 93-3 of
the Cooperative; and to establish the method by which the
Cooperative would respond to liabilities that might be incurred
through performance of the interlocal agreement, and insuring
against such liability in accordance with Resolution 93-4 of the
Cooperative; and authorizes its representative to the Cooperative
to execute an amendment to the Interlocal Agreement to that effect.
Section 2. All resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
Section 3. This resolution shall take effect upon adoption.
After Motion by Councilman Mitchum and Second by Councilwoman
Martin, the vote on this resolutions was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 7th day of September, 1993.
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ATTEST:
93-R-21
CITY COUNCIL OF THE
CITY OF EDOENATER, FLORIDA
By
tJa c 8a,eoROVED FOR FORM
AND CORRECTNESS:
r eta A. rap
City Attorney