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96-R-10 "-' ....." RESOLUTION NO. 96-R-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INTERLOCAL AGREEMENT CREATING THE VOLUSIAN WATER ALLIANCE, AND PROVIDING CERTAIN OTHER DETAILS WITH RESPECT THERETO; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Section 163.01, Florida Statutes, permits municipalities, counties and other units of local government to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage by the creation of interlocal agreements; and WHEREAS, various of the units of local government that are enjoying the benefits of the Volusian Sole Source Aquifer have expressed an interest In pursuing a joint program initially to develop a county-wide water plan, and ultimately to develop an aquifer-wide water plan, and such projects as will ensure the aquifer is managed in such a manner as will provide a sustainable water supply without significant environmental damage; and WHEREAS, an Interlocal Agreement has been proposed, the intent of which is to permit the signatories thereof to protect and preserve their future water supply through good groundwater management practices, comprehensive planning, and interlocal cooperation; and WHEREAS, the entry into the Interlocal Agreement would benefit the City of Edgewater as well as all local governmental units that enter into it. NOW THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater, Florida: Section 1. Authoritv. This Resolution is adopted pursuant to the provisions of the Florida Interlocal Cooperation Act of 1969, Section 163.01, Florida Statutes (the "Act"), and other applicable law. 96-R-10 1 ., "-' ~ Section 2. Findinqs. The City of Edgewater has found and determined and hereby declares that: A. Cooperative efforts are mandatory in order to meet the future water needs of the rapidly urbanizing areas served by t:he Volusian Sole Source Aquifer in a manner which will provide adequate and dependable supplies of water where, when, and as needed. B. One method to meet the future water needs of the City of Edgewater is by joining the Volusian Water Alliance. Section 3. Authorization of Form of Interlocal Agreement. The execution and delivery of the lnterlocal Agreement, authorizing the creation of the Volusian Water Alliance, a form of which is attached hereto as Exhibit "A" (the "lnterlocal Agreement") is hereby authorized. The form of the lnterlocal Agreement attached hereto as Exhibit "A" is hereby approved. Section 4. Authorization to Execute. The Mayor and the City Clerk of the City of Edgewater are hereby authorized and empowered to execute and deliver the lnterlocal Agreement, such execution to be conclusive evidence of such approval, and to affix thereto or impress thereon the seal of the City of Edgewater. Section 5. All resolutions or parts of resolution in conflict herewith be and the same are hereby repealed. Section 6. This resolution shall take effect upon adoption. After motion by Councilman Mitchum and second by Councilman Hatfield the vote on this resolution was as follows: Mayor Jack Hayman, Sr. Councilman Danny Hatfield Councilwoman Louise A. Martin Councilman Mike Hays Councilman David L. Mitchum Aye Aye Aye Aye Aye 96-R-IO 2 PASSED AND DULY ADOPTED this 15th day of April, 1996. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: 96-R-10 3 Jack H. Haypfan, Sr.,' Mayor APPROVED FOR FORM AND CORRECTNESS: " A. Storey City Attorney INTERLOCAL AGREEMENT CREATING THE VOLUSIAN WATER ALLIANCE THIS AGREEMENT, made and entered into this _ day of , 1996, among The City of Daytona Beach, a Florida municipal corporation, hereinafter referred to as Daytona Beach; City of Holly Hill, a Florida municipal corporation hereinafter referred to as Holly Hill; City of Ormond Beach, a Florida municipal corporation, hereinafter referred to as Ormond Beach; City of Port Orange, a Florida municipal corporation, hereinafter referred to as Port Orange; City of New Smyrna Beach, hereinafter referred to as New Smyrna Beach; City of South Daytona, a Florida municipal corporation, hereinafter referred to as South Daytona; Town of Ponce Inlet, a Florida municipal corporation, hereinafter referred to as Ponce Inlet; City of Deland, a Florida municipal corporation hereinafter referred to as Deland; City of Orange City, a Florida municipal corporation hereinafter referred to as Orange City; the City of Edgewater, hereinafter referred to as Edgewater; City of Pierson, a Florida municipal corporation hereinafter referred to as Pierson; City of DeBary, a Florida municipal corporation hereinafter referred to as DeBary; City of Lake Helen, a Florida municipal corporation hereinafter referred to as Lake Helen; City of Daytona Beach Shores, a Florida municipal corporation hereinafter referred to as Daytona Beach Shores; City of Oak Hill, a Florida municipal corporation hereinafter referred to as Oak Hill, a Florida municipal corporation; City of Deltona, hereinafter referred to as Deltona; and the County of Volusia, hereinafter referred to as County, all -1- of whom are collectively hereinafter referred to as the Alliance Members. WITWESSETH: WHEREAS, the Alliance Members, pursuant to the provisions of Section 163.01, Florida Statutes, wish to set -forth certain agreements among themselves respecting the creation of a regional cooperative organization initially to develop a county -wide water plan, and ultimately to develop an aquifer -wide water plan, and such projects as will ensure the aquifer is managed in such a manner as will provide a sustainable water supply without significant environmental damage; and WHEREAS, it is recognized by the Alliance Members that the water needs of their citizens can best be met by vesting such water supply functions in such a cooperative enterprise; and WHEREAS, it is the intent of the Alliance Members to protect and preserve their future water supply through good groundwater management practices, comprehensive planning, and interlocal cooperation; and WHEREAS, it is further the intent of the Alliance Members that nothing herein shall be construed to preclude the Members individually from continuing to operate water production and transmission facilities for the purpose of meeting their respective needs for dependable and adequate supplies of water; and WHEREAS, it is the finding of the Alliance Members that cooperative efforts are mandatory in order to meet the future -2- There will be two levels of membership in the VOLUSIAN WATER ALLIANCE, Regional Workgroup Members and Aquifer Members. Regional Workgroup Members, which shall consist of all municipalities within each Region that have adopted this Interlocal Agreement and the County, shall be referred to collectively as the "Regional Alliance." Aquifer Members, which shall consist of all local government public water supply consumptive use permit holders that are withdrawing water from the Volusian Sole Source Aquifer and that have adopted this Interlocal Agreement, shall be referred to collectively as the "Aquifer Alliance.". Any municipality within Volusia County that shall become a public water supply consumptive use permit holder shall be eligible for membership in the Aquifer Alliance, and shall be made an Aquifer Member upon its agreement to abide by this Interlocal Agreement. Any other municipality may become a Regional Workgroup Member of a Regional Alliance upon approval of a majority of the Board of Representatives. 3. Permits. The parties agree that by execution of this Agreement they request the St. Johns River Water Management District (the "District"): a. to modify all future renewal permits of any public entity, including those of the Members of this VOLUSIAN WATER ALLIANCE, drawing water from the areas designated by the United States Environmental Protection Agency as the Volusian Sole Source Aquifer to demonstrate consistency and compatibility with the VWA Water Supply Plan (as hereafter defined) developed by the VOLUSIAN WATER ALLIANCE as a condition of meeting the reasonable and -4- beneficial use, and consistency with the public interest standards required for permit approval; and b. to require that any future public supply applicant who desires to withdraw water from the Volusian Sole Source Aquifer demonstrate consistency and compatibility with the VWA Water Supply Plan (as hereafter defined) developed by the VOLUSIAN WATER ALLIANCE as a condition for meeting the reasonable and beneficial use and consistency with the public interest standards required for issuance of a permit. 4. Amendments. Amendments to this agreement, other than the inclusion of additional Alliance Members, shall be by approval of a two-thirds majority of the Board of Representatives. Any municipality within Volusia County or within the geographic boundaries of the Volusian Sole Source Aquifer that shall become a public supply permit holder shall be eligible for membership in the Aquifer Alliance, and .this Interlocal Agreement shall be amended to add that municipality as an Aquifer Member upon the agreement of the municipality to abide by this Interlocal Agreement. Any other municipality may become a Regional Workgroup Member of the Regional Alliance upon approval of a majority of the Board of Representatives to amend the Interlocal Agreement to that effect. 5. Approval. This Agreement shall be effective no earlier than May 1, 1996, upon the approval of the Agreement of at least seven (7) public water supply consumptive use permit holders, provided at least one such permit holder shall come from every Region, and provided further such consumptive use permit holders -5- represent permits to pump at least two-thirds (2/3) of the total average daily flow of water permitted for governmental public water supply permit holders within Volusia County for 1996, which average daily flows are attached hereto as Exhibit. 6. qnvprpian Tmmunjty. The Alliance Members intend to avail themselves of the benefits of the provisions of §768.28 and §163.01(9)(c), Florida Statutes (1995), and of other statutes and the common law governing sovereign immunity to the fullest extent possible. . In accordance with §163.01(5)(o), Florida Statutes (1995), therefore, the Alliance Members agree that they do not intend for the constituent Alliance Members of the VOLUSIAN WATER ALLIANCE to be jointly liable for the torts of the officers or employees of the VOLUSIAN WATER ALLIANCE, or any other tort attributable to the VOLUSIAN WATER ALLIANCE, and that only the VOLUSIAN WATER ALLIANCE shall be liable for torts attributable to it or for the torts of its officers or employees, and then only to the extent of the waiver of sovereign immunity or limitation of liability specified in §768.2b, Florida Statutes (1995). The VOLUSIAN WATER ALLIANCE may acquire insurance in the amount of the limitation of liability or sovereign immunity waived by virtue of §768.28, Florida Statutes (1995). The Alliance Members intend the VOLUSIAN WATER ALLIANCE to 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 of Florida. 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 QZ e. To maintain an office at such place or places within Volusia county as it may designate; f. To employ and to compensate such personnel, consultants,- and technical and professional assistants as it shall deem necessary to exercise the powers and perform the duties set forth in this agreement; g. To accept and receive, utilize or expend in furtherance of its functions, funds, grants, and services from the federal government or its agencies, from departments, agencies and instrumentalities of state, municipal, county, or other local governments, or from private or civic sources; h. To invest in accordance with §218.415, Florida Statues (1995), any money or surplus money in the Aquifer Alliance treasury, including such money in any sinking or other fund established for the purpose of providing for the payment of the principal or interest of any bonded or other indebtedness, or for any other purpose, not required for the immediate necessities of the Aquifer Alliance. In addition to or in lieu of establishing a written investment plan provided for in §218.415, Florida Statutes (1995), the Aquifer Alliance may invest in the instruments permitted by 3218.415(15), Florida Statutes (1995), as that section may be from time to time amended. i. To adopt rules of procedure for the regulation of its affairs and the conduct of its business. j. To receive and use such technical assistance as shall be from time to time made available for its use by any other governmental agency. k. By separate interlocal agreement to exercise all powers in connection with the authorization, issuance and sale of bonds for the purpose of financing or refinancing capital projects, in accordance with §163.01, Florida Statutes (1995), as the same may be amended or supplemented. 1. To have and exercise such powers as are reasonably implied herefrom and necessary and proper to carry out the objectives and purposes of the Aquifer Alliance. M. To accept the. delegation of any funds from the District or from any other source. n. Without in any way limiting the foregoing, to exercise and perform all powers and duties as is or shall be delegated to it by any one or more of the Members of this Alliance. B. Board of Representatives,of ATuifPr AlliAnne. a. All powers, .privileges and duties vested in or imposed upon the Aquifer Alliance shall be exercised and performed by and through a Board of Representatives; provided, however, that the exercise of any and all executive, administrative and ministerial powers may be by said Board of Representatives delegated and redelegated to any of the offices created hereby or by the Board of Representatives acting hereunder; and provided further that the Board of Representatives may create an executive committee comprised of at least one representative of each Region and the County, and may delegate to it such powers to act as it chooses. b. The Board of Representatives shall, except as SD related below, coL.ist of up to three representatives of the County of Volusia, and one representative of each of the other Members of the Aquifer Alliance. Such representatives shall serve without compensation from the Aquifer Alliance, except that they may be reimbursed their reasonable expenses incurred in performing their duties hereunder. Of the up to three representatives of the County of Volusia, one shall be an elected County Council person appointed by the County Council of the County of Volusia; and, provided the County agrees to pay as part of its funding requirement a share of the administrative operations of the Alliance based on the gallonage pumped by wells owned by the largest private water utility in the County of Volusia, in accordance with 410(a), one shall be a representative of the largest private water utility provider within Volusia County; and, provided the County agrees to pay as part of its funding requirement a share of the administrative operations of the Alliance based on the annual agricultural groundwater usage within the County of Volusia, in accordance with 410(a), one shall be an agricultural representative engaged either in the commercial growing and selling of ferns, or sod, or otherwise in commercial agricultural pursuits which are significant water consumers; and provided further, however, that should the largest private water utility provider within Volusia County have a consumptive use permit that permits it to pump no more than one million gallons of water per day, then there shall be no representative of the County from a private utility, and the -10- County shall have only two representatives. The County shall also appoint alternate representatives to act in the absence of its representatives, each of whom shall have the same qualifications as the representatives, except that the alternate for the elected County Council Person may be an employee of the County. One representative and an alternate representative shall be designated and appointed by the governing body of each of the Members of the Aquifer Alliance and shall serve at the pleasure of his or her respective governing body. One representative, who shall be an elected official, and an alternate representative, who need not be an elected official but who shall be employed by the Aquifer Member, shall be designated and appointed by the governing body of each of the Aquifer Members other than the County of Volusia, and shall serve at the pleasure of the respective governing body of each such Aquifer Member. C. Each representative of the Board of Representatives of the Aquifer Alliance, or in the absence of the representative, the alternate representative, shall be entitled to one equal vote on all questions, orders and resolutions coming before the board except as below provided. Except as hereafter provided, the affirmative votes of members representing more than fifty (50) percent of the total number of votes of all the Board of Representatives shall be necessary and, except as otherwise herein provided, shall be sufficient to carry any question, order or resolution coming before the Board of Representatives. d. The first Board of Representatives of the Aquifer Alliance so constituted shall convene within thirty (30) days of DINC the date of the full execution of this Agreement by a sufficient number of the Aquifer Members hereto required by Paragraph 5 hereof to make this Agreement effective, and immediately upon convening, such Board of Representatives shall elect from its participants a chairman and a vice chairman, eachofwhom shall serve a term ending December 31, or until their representative successors shall be elected and qualified. Such offices shall be filled in an election annually thereafter. The position of chairman and vice-chairman shall be filled by individuals representing Aquifer Members. All other offices shall be filled by the Aquifer Member jurisdiction, rather than by the individual representative of the Aquifer Member. e. The Board of Representatives of the Aquifer Alliance shall have the following powers: (1) Administrative and Procedural Powers: A. To .fix the time and place or places at which its regular meetings shall be held, and shall provide for the calling and holding of special meetings; B. To make and adopt rules, regulations, resolutions and orders not repugnant to the Constitution of the United States or of the State of Florida, or to the provisions of Chapter 163.01, Florida Statutes (1995), or this Agreement, necessary for the government and management of the affairs of the Aquifer Alliance, for the execution of the powers vested in the Aquifer Alliance and for carrying into effect the provisions of this Agreement and for providing terms and conditions under which additional parties may join the Aquifer Alliance; -12- C. To fix the location of the principal place of business of the Aquifer Alliance and the location of all offices and departments maintained hereunder; D. To establish an administrative operations membership fee in the manner hereafter provided; E. To prescribe by resolution a system of business administration and to create any and all necessary offices, which shall include the offices of Secretary and Treasurer, and to establish and re-establish the powers and duties and compensation of all officers and employees and to require and fix the amount of all official bonds necessary for the protection of the funds and property of the Aquifer Alliance; F. To delegate and re -delegate by resolution to officers of the Aquifer Alliance power to employ an Executive Director, an Attorney for the Board, and other administrative, managerial, clerical, legal and engineering assistants and labor under such conditions and restrictions as shall be fixed by the representatives; provided, however, that the Executive Director and Attorney for the Board shall be employed directly by and report directly to,the Board of Representatives, and shall serve at the pleasure of the Board; and G. To prescribe a method of auditing and allowing or rejecting claims and demands; also to prescribe methods for the construction of works and for the letting of contracts or furnishings of labor, materials or supplies, required for the carrying out of any of the purposes of this act; provided that in cases where work, if not to be done by the Aquifer -13- Alliance itself, and the amount involved shall be twenty thousand dollars ($20,000.00) or more, or such other amount as the Board may provide by resolution adopted by a two-thirds vote thereof, the Board of Representatives shall provide for the letting of contracts to the lowest and best responsible bidder, after publication of notices inviting bids, subject to the right of said board to reject any and all proposals; provided further, that the Board of Representatives may in the making of purchases utilize the provisions of §287.042, Florida Statutes; and provided further, that contracts in writing or otherwise, may be let without advertising for or inviting bids, when any repairs, alterations or other work, or the purchase of materials, supplies, equipment or other property, shall be deemed by the Board of Representatives to be of urgent necessity, and shall be authorized by a two-thirds vote thereof. (2) Substantive Powers: A. To develop a county -wide water supply plan (the "VWA Water Supply Plan"), which shall be consistent with the Florida Water Plan, upon consideration of regional plans approved by the Regional Members of each Region, sustainable aquifer management, and consistency with the District water Management Plan; provided, however, each Aquifer Member by entering into this Interlocal Agreement agrees that the VWA Water Supply Plan adopted by the Board of Representatives shall be included as the water element of the Volusia County Comprehensive Plan by the County of Volusia, and the relevant elements of the VWA Water Supply Plan shall be included as the water element of each municipal -14- comprehensive plan of each Alliance Member; B. To coordinate the production or withdrawal of water from the Volusian Aquifer by: (1) monitoring consistency with the VWA Water Supply Plan, environmental impacts and permit compliance; (2) reporting to the District actions inconsistent with the VWA Water Supply Plan, or significant environmental impacts or permit violations; (3) moving or coordinating the movement of raw water through interconnects; (4) developing or coordinating the development of alternative water sources, including but not limited to withdrawals of surface water and ground water, recycling of waste water and desalinization; (5) requesting regulatory action by the District to protect the aquifer, to avoid significant negative environmental impacts or to ensure consistency with the VWA Water Supply Plan; (6) establishing pumping guidelines for wells; C. To require the Regional Alliances to develop a region -wide water supply plan for each Region within mandated time frames; to develop such plan should the Regional Members fail to do so; and to require a common format for region -wide water supply plans; D. To review and comment upon the water element of the County comprehensive plan or the water element of the -15- comprehensive plan of any Alliance Member city to the District or to the Growth Management Commission should it determine that the water element of such plans in not consistent with the VWA Water Supply Plan; E. To review, comment and make recommendations on all permit applications seeking permission of the District to withdraw water from the Volusian Aquifer for consistency with the VWA Water Supply Plan and for the impact of the granting of such applications on the aquifer; provided, however, the Aquifer Alliance may charge a fee to non-members to review and comment upon any such applications seeking permission to withdraw water from the Volusian Aquifer in such amount as may be -approved by the Board of Representatives; F. To be the sole governmental entity in the County of Volusia with the power to authorize the sale or to sell water to entities outside of the County; provided that nothing herein shall prohibit the sale by Aquifer Members of treated water at retail outside the County, so long as it is consistent with the VWA Water Supply Plan. G. , To identify sources of raw water that can be obtained to guarantee sustainable development; H. To foster and encourage the development, construction and funding of necessary capital projects related to the protection, pumping, moving or consumption of water through interlocal agreements between Members; I. To provide a forum for the discussion and resolution of water -related issues among Alliance Members in -16- general, and Aquifer Members in particular; and J. To have such other powers as the Board of Representatives may approve by a two-thirds vote of the Representatives present and voting. 9. Budget. a. The fiscal year of the Aquifer Alliance shall extend from October 1 of each year through September 30 of the following year. Except as hereinafter provided, the Board of Representatives shall during the month of July of each year Complete the preparation of a tentative budget for the Aquifer Alliance covering its proposed operation andrequirementsfor the ensuing fiscal year, including provision for prudent reserves but not for profits. b. During the month of July and following the preparation of a tentative budget, the Board of Representatives shall publish a notice of its intention to adopt the budget. Additionally, the Board of Representatives shall provide copies of the tentative budget to the Aquifer Members and said tentative budget shall be accompanied by the estimated annual contribution of each of the Aquifer Members, as provided below. The notice shall set forth the tentative budget in full, and shall be notice to all Aquifer Members and customers of the Aquifer Members that on a date and at a place appearing in the notice, opportunity will be afforded to such customers, their attorneys or agents, to appear before the Board of Representatives and show their objections to the budget. The notice shall be published once a week for two consecutive weeks, in any newspaper qualified to 3UC accept legal advertisements, the last insertion of which shall appear not less than one week prior to the date set by the Board of Representatives for the hearing on the budget. C. The hearing will be by and before the Board of Representatives. The Board of Representatives shall give consideration to objections filed against the budget and in its discretion may amend, modify or change the tentative budget. . The board shall by August 22 adopt a budget for the Aquifer Alliance. f � a. The operation of the Aquifer Alliance shall be provided by the imposition of rates, charges and assessments upon the Aquifer Members. The Board of Representatives. shall establish an administrative operations fee payable by the Aquifer Members adequate to fund the cost of the administrative operations and administration of the Aquifer Alliance, as follows: Each Aquifer Member shall annually pay as its share of the administrative operations fee a dollar amount calculated by multiplying the budget of the Alliance by a fraction the numerator of which is the water gallonage actually pumped by the Aquifer Member in the preceding calendar year according to District reports, and the denominator of which is the water gallonage actually pumped by all Aquifer Members of the Volusian Water Alliance; to wit: Water Pumped By Member x Budget = Member's Fee Water Pumped By All Members For purposes of this fee calculation the volumetric gallonage of the County shall consist of the gallonage pumped by wells owned by -18- the County, plus if the County elects pursuant to 48.b hereof to appoint as a Member a representative of the largest private water utility provided within Volusia County, the gallonage pumped by wells owned by the largest private water utility in the County of Volusia, plus one -fifth (1/5) of the annual agricultural ground water usage within the County of Volusia, as estimated by the District; provided, however, that while the administrative operations fee may be increased annually, any such increase for any particular Aquifer Member may not exceed an amount that would result in an increase of retail water prices for the customers of that Aquifer Member of more than three per cent (3%) over the retail water prices charged by that Aquifer .Member to its residents in the preceding year. b. Capital revenues for the Aquifer Alliance, including payment of debt service, may be provided by the delegation of any funds from the District, or from any other source other than the Aquifer Members. C. Any indebtedness, except for the refunding of indebtedness which does not result in increased debt service payments by the Aquifer Members, shall require approval of the of the Board of Representatives by at least a two-thirds majority of those present and voting. d. Should any Aquifer Member fail to pay any rate, charge or assessment from the Alliance within 60 days from the initial mailing of the same, the Aquifer Member shall not be entitled to vote at any subsequently held meeting of the Board of Representative or in any meeting of the governing body of a -19- region. Should the delinquency in payment continue beyond 60 days from the initial mailing of a rate, charge or assessment, the Aquifer Member shall be excluded from membership in the .Alliance and in the Regions. All rates, charges and assessments of the Alliance not paid within 30 days of the initial mailing of the same to a Aquifer Member shall bear interest at 12% per annum. e. The Alliance, through the Board of Representatives shall have the power to accept the delegation of tax or other funds from the District. PART III. REGIONAL ALLIANCE 11. Regional Members and Regional Worker oL jjpa. a. There shall be three Regional Workgroups within the territorial coverage of this Interlocal Agreement, the Western Region, the Halifax Region, and the Southeastern Region. The Regional Workgroups shall be initially comprised as follows: Western Region: DeLand, Deltona, Orange City, - Pierson, DeBary, Lake Helen and the County; Halifax Region: Ormond Beach, Holly Hill, Daytona Beach, South Daytona, Port Orange, Ponce Inlet, Daytona Beach Shores, and the County; Southeastern Region: Edgewater, New Smyrna Beach, Oak Hill, Port Orange, and the County. b. Each Region shall be governed by a Regional Workgroup comprised of one representative of each Regional Member who shall be the Manager, Assistant Manager, or delegee of the Manager of each Regional Member. The County shall be responsible for organizing the initial meeting of each Regional Board. Any -20- Alliance Member may belong to more than one Regional Workgroup if the Member has a regional interest in more than one Region and the County may in its discretion also appoint in its behalf a representative of agricultural interests and a representative of the largest private water utility in the County to any of the Workgroups in which those interests maintain a significant regional presence. 12, Powers of The. Regional Workgroups. The Regional Workgroups of each Regional Alliance shall have the following powers and duties: a. Administrative and Procedural Powers: (1) To fix the time and place or .places at which its regular meetings shall be held, and to provide for the calling and holding of special meetings. (2) To make and adopt rules, regulations, resolutions and orders not repugnant to the Constitution of the United States or of the State of Florida, or to the provisions of Chapter 163.01, Florida Statutes (1995), or the rules of the Board of Representatives or this agreement, necessary for the government and management of the affairs of the Regional Workgroup, for the execution of the powers vested in the Regional Workgroup and for carrying into effect the provisions of this agreement. (3) To fix the location of the principal place of business of the Regional Workgroup and the location of offices, if any, maintained hereunder. (4) To prescribe by resolution a system of business administration and to create any and all necessary -21- impact the Region. (7) Such other powers and duties as the Board of Representatives may delegate to it. 13. Work Plan and Funding RPquirementa. Within the time prescribed by the Board of Representatives of the Aquifer Alliance, and in accordance with a format developed by the Board of Representatives, each Regional Workgroup shall prepare an annual work plan with its anticipated funding requirements, and shall submit the same to the Board of Representatives for review, and consideration. The funding of such plans and requirements and the amount of such funding shall be within the discretion of the Board of Representatives. PART IV. WITHDRAWAL FROM MEMBERSHIP 14. Withdrawal From Membership. Each Member of the Ac�ifer Alliance agrees that it will remain a Member of the Alliance for no less than five (5) years from the end of the fiscal year after the execution of this Agreement. Thereafter, any Alliance Member may withdraw from membership by agreeing to continue to pa its obligation for the Aquifer Alliance's debt service, if any, and such other contractual obligations as it has undertaken as an Alliance Member; provided, however, that the requests of the withdrawing Alliance Member contained in Paragraph 3 hereof will remain in effect for a period of five (years) after the effective date of the withdrawal. -23- PART V. DISSOLUTION OF VOLUSIA CITY -COUNTY WATER SUPPLY COOPERATIVE 15. The Volusia City -County water Supply Cooperative (the "Cooperative"), was created by an Interlocal Agreement among six of the Aquifer Members. within sixty days after a majority of the Aquifer Members who are members of the Cooperative adopt this Interlocal Agreement, and provided this Interlocal Agreement at that time has become effective, the Volusia City -County Water Supply Cooperative shall dissolve, and to the extent possible, its funds, assets and files, and studies shall be transferred to the VOLUSIA AQUIFER ALLIANCE. IN WITNESS WHEREOF, the undersigned have set their hands and seals as of the day and year first above written. Approved by: City Attorney Approved by: City Attorney CITY OF ORMOND BEACH By: Attest: Date: CITY OF PORT ORANGE By: Attest: Date: -24- Approved by: City Attorney Approved by: City Attorney Approved by: City Attorney CITY OF HOLLY HILL By: Attest: Date: CITY OF DAYTONA REACH By: Attest: Date: CITY OF NEW SMYRNA BEACH By: Attest: Date: -25- CITY OF &DGBNATSA Date: S Approved by: 0 City Attorney COUNTY OF VOLOSIA Approved by: County Attorney Approved by: By: Attest: Date: CITY OF SOOTS DAYTONA By: Attest: Date: ty Attorney -2 6- Approved by: Town Attorney Approved by: City Attorney Approved by: City Attorney TOWN Or PONCE INLET By: Attest• Date: CITY OF D6LAND By: Attest: Date: CITY OF ORANGE CITY By: Attest: Date: M&M Approved by: CITY OF PIERSON By: Attest• Date: City Attorney CITY OF DEBARY By: Attest: Date: Approved by: City Attorney CITY OF LAKE BELEN By: Attest: Date: Approved by: City Attorney 0 Approved by: CITY OF DAYTONA BEACH SHORES By: Attest: Date: Attorney CITY OS OAR HILL By: Attest: Date: Approved by: City Attorney Approved by: City Attorney CITY OF DELTONA By: Attest: Date: -29- CERTIFICATE I, , as Secretary of the VOLUSIAN WATER ALLIANCE, do hereby certify that the attached is a true and correct copy of the Interlocal Agreement, dated 1996, between the cities of Holly Hill, Ormond Beach, Port Orange, South Daytona, Ponce Inlet, New Smyrna Beach, Edgewater, Deland, Pierson, Orange City, Deltona, DeBary, Lake Helen, Oak Hill and Daytona Beach, and the County of Volusia as the same appears in the official records of the Volusia Aquifer Alliance. IN WITNESS WHEREOF, the undersigned has set his hand and this _ day of 1996. sty -30-