R11-060
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1 RESOLUTION NO. Rll- o~t)
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3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
5 AND AUTHORIZING THE CITY MANAGER TO
6 EXECUTE THE JOINDER TO THE MEMORANDUM
7 OF UNDERST ANDING BETWEEN THE SOUTH
8 FLORIDA WATER MANAGEMENT DISTRICT, PALM
9 BEACH COUNTY, LAKE WORTH DRAINAGE
10 DISTRICT AND THE CITY OF FORT LAUDERDALE
11 REGARDING CSt WATER SUPPLY AND WATER
12 QUALITY RESERVOIR PLANNING AND
13 DEVELOPMENT; AND PROVIDING AN EFFECTIVE
14 DATE.
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17 WHEREAS, the City Commission of the City of Boynton Beach, upon
18 recommendation of staff, deems it to be in the best interests of the citizens and residents of
19 the City of Boynton Beach, to approve and authorize the City Manager to execute the Joinder
20 to the Memorandum of Understanding between the South Florida Water management
21 District, Palm Beach County, Lake Worth Drainage District and the City of Fort Lauderdale
22 regarding CS1 Water Supply and Water Quality Reservoir Planning and Development
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section J . The foregoing "WHEREAS" clauses are true and correct and hereby
26 ratified and confirmed by the City Commission.
27 Section 2. The City Commission of the City of Boynton Beach, Florida does
28 hereby approve and authorize the City Manager to execute the Joinder to the Memorandum of
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29 Understanding between the South Florida Water management District, Palm Beach County,
30 Lake Worth Drainage District and the City of Fort Lauderdale regarding CS1 Water Supply
31 and Water Quality Reservoir Planning and Development, a copy of which is attached hereto
32 as Exhibit "A".
S:\CA\RESO\Agr,eements\Reso - Joinder MOU SFWM.doc
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1 Section 3. This Resolution shall become effective immediately upon passage.
2 PASSED AND ADOPTED this 1111 day of June, 2011.
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4 CITY OF OYNTON BEACH, FLORIDA
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20 ATTEST:
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S:\CA\RESO\Agreements\Reso - Joinder MOU SFWM.doc
R /I - OfoO
MEMORANDUM OF UNDERSTANDING BETWEEN THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT, PALM BEACH COUNTY, LAKE WORTH DRAINAGE
DISTRICT, AND CITY OF FORT LAUDERDALE, REGARDING C-51 WATER
SUPPLY & WATER QUALITY RESERVOIR PLANNING AND DEVELOPMENT
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered
into by and between the SOUTH FLORIDA WATER MANAGEMENT DISTRICT
("DISTRICT"), PALM BEACH COUNTY ("PALM BEACH COUNTY"), LAKE WORTH
DRAINAGE DISTRICT ("LWDD"), and the CITY OF FORT LAUDERDALE ("FORT
LAUDERALE"), collectively referred to as the "PARTIES," when including all entities
signing this Agreement; "UTILlTY PARTIES," when referring to all of the local
governments which provide water, wastewater, and/or reclaimed water services to their
citizens and customers and not the DISTRICT or LWDD; and, "UTILITY PARTY," when
referring to one of the parties that is not DISTRICT or LWDD .
WITNESSETH:
WHEREAS, the DISTRICT is a public corporation of the State of Florida existing by
virtue of Chapter 25270, Laws of Florida, 1949, and operating pursuant to Chapter 373,
Florida Statutes, and Chapter 40E, Florida Administrative Code, as a multipurpose
water management district, and whose mailing address is PO Box 24680, West Palm
Beach, Florida 33416-4680.
WHEREAS, PALM BEACH COUNTY is a political subdivision of the State of Florida
that owns and operates water, wastewater, and reclaimed water systems within
incorporated and unincorporated areas of Palm Beach County; and whose mailing
address for the purpose of this MOU is P.O. Box 24740, West Palm Beach, FL 33416;
WHEREAS, LWDD is a special district existing by virtue of Chapter 09-1063, Laws of
Florida, and operating pursuant to Chapter 298, Florida Statutes, as a water control
district, and whose mailing address is 13081 Military Trail, Delray Beach, Florida 33484;
WHEREAS, FORT LAUDERDALE is a municipality located in eastern Broward County,
Florida that owns and operates a water and wastewater system within its jurisdictional
boundary and unincorporated areas of Broward County and whose mailing address for
the purpose of this MOU is Public Works Department, 100 N. Andrews, 4th Floor, Fort
Lauderdale, FL 33301;
WHEREAS, the DISTRICT's 2000 Lower East Coast Regional Water Supply Plan ("LEC
RWSP") and the 2005-2006 Update to the LEC RWSP concluded that traditional fresh
groundwater and surface water were becoming increasingly limited to satisfy the
region's water demands, resulting in the need to develop alternative water sources;
WHEREAS, Section 373.707, Fla. Stat., provides that it is in the public interest that
county, municipal, industrial, agricultural, and other public and private water users, the
Department of Environmental Protection, and the water management districts cooperate
and work together in the development of alternative water supplies;
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WHEREAS, each UTILITY PARTY and LWDD is a provider of water pursuant to water
use permits issued pursuant to Chapter 373, Florida Statutes;
WHEREAS, the UTILITY PARTIES have been working individually to develop
alternative water supply projects authorized by water use permits issued by the
DISTRICT;
WHEREAS, Section 373.703, Florida Statutes, authorizes the DISTRICT to assist
counties, municipalities, special districts, publicly and privately owned water utilities,
multi-jurisdictional water supply entities, or regional water supply authorities in meeting
water supply needs in such a manner as will give priority to encouraging conservation
and reducing adverse environmental effects of improper excessive withdrawals of water
from concentrated areas;
WHEREAS, Section 373.703, Florida Statutes, further provides that the DISTRICT may
join with one or more other water management districts, counties, municipalities, special
districts, publicly and privately owned water utilities, multi-jurisdictional water supply
entities, or regional water supply authorities for the purpose of carrying out its powers,
and may contract with such other entities to finance acquisitions, construction,
operation, and maintenance, and may enter into contracts providing contributions to be
made by each party thereto, for the division and apportionment of the expenses of
acquisitions, construction, operation, and maintenance, and for the division and
apportionment of the benefits, services, and products therefrom;
WHEREAS, the LWDD and UTILITY PARTIES are equipped to construct and operate
alternative water supply projects in the South Florida region;
WHEREAS, it is the policy of the State of Florida to promote the availability of sufficient
water for all existing and future reasonable-beneficial uses and the natural systems;
WHEREAS, it is in the public interest to promote a cooperative relationship between
the PARTIES and other consumptive water users for the purpose of exploring
opportunities to jointly develop alternative water supplies and/or water resource
development projects in South Florida;
WHEREAS, the DISTRICT has multiple ongoing initiatives in South Florida, including,
but not limited to, providing flood protection, Everglades restoration projects, meeting
water quality targets, and ensuring a sufficient supply of water for all existing and future
reasonable-beneficial water uses;
WHEREAS, the Lake Worth Lagoon ("Lagoon") has experienced low salinity levels at
various times. The central zone of the Lagoon occupies the area between the two inlets
and is characterized by intermittent but fairly frequent low salinity events occurring for
time periods ranging from days to weeks. Salinity levels during these events,
corresponding to major discharge operations from the C-51 Canal through the S-155
structure, drop to values of 5 to 15 practical salinity units ("psu"), with post discharge
recovery to levels between 15 and 25 psu typically observed. Salinity variation of all
zones of the Lagoon occur over a period of a few days to approximately one month, and
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prolonged periods of low salinity can occur, especially during periods of prolonged
discharge. Minimizing perturbation from large-scale C-51 Canal discharges and
releasing freshwater to the estuary in a manner that more closely approaches natural
volume and timing in relation to rainfall, may help stabilize salinity regimes to be better
aligned with those that are more supportive of healthier, more productive estuarine flora
and fauna;
WHEREAS, LWDD and the UTILITY PARTIES desire to explore opportunities to jointly
develop a regional reservoir that will meet the water supply objectives of the LWDD,
UTILITY PARTIES, and other potential water users; and,
WHEREAS, the DISTRICT desires to explore opportunities to jointly develop a reservoir
that will meet the environmental and water supply objectives of the DISTRICT;
WHEREAS, the PARTIES encourage and desire other potentially affected utilities and
stakeholders to participate in this MOU; and,
WHEREAS, the PARTIES agree that nothing in this MOU shall affect the UTILITY
PARTIES' or LWDD's service areas, rights to provide service within those areas or any
right obligation pursuant to their enabling laws, or the DISTRICT's consumptive use
permitting authority;
NOW THEREFORE, in consideration of the foregoing premises, and the mutual
covenants, terms, and conditions contained herein, the PARTIES agree to the following:
I. RECITALS AND AUTHORITY: The recitals set forth in the WHEREAS clauses
above are incorporated herein. This MOU is entered into by the DISTRICT, the
LWDD, and the UTILITY PARTIES.
A. The DISTRICT enters into this MOU under the authority of Section 373.083,
Florida Statutes, which authorizes each water management district governing
board to enter into agreements with other public agencies and private
corporations to accomplish the directives and goals of Chapter 373, Florida
Statutes.
B. PALM BEACH COUNTY enters into this MOU under the authority of Sections
125.01 and 153.03, Florida Statutes, which authorizes counties to enter into
agreements with other public agencies and private corporations to accomplish
goals for providing water to their customers.
C. FORT LAUDERDALE enters into this MOU under the authority of Section
166.021, Florida Statutes, which, as provided by s. 2(b), Art. VIII of the Florida
Constitution, grants municipal corporations the governmental, corporate, and
proprietary powers necessary to enable it to conduct municipal government,
perform municipal functions, and render municipal services.
D. LWDD enters into this MOU under the authority of Chapter 298, Fla. Stat.
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E. Other parties may participate in this MOU pursuant to their legal authority.
Such participation shall occur by execution of a Joinder Agreement in
substantially the same form attached hereto as Exhibit A.
II. PROJECT DEFINED: The PROJECT is the construction of a reservoir on property
located in the Water Conservation Area No. 1/C-51 Water Use Basin and
conveyance improvements. The PROJECT will be supplied with available surface
water from the C-51 east basin, C-51 west basin, and other potential sources of
water above and beyond the surface and groundwater required to achieve
restoration benefits pursuant to the Comprehensive Everglades Restoration Plan
("CERP").The PROJECT will have environmental and water supply components.
III. PUBLIC INPUT: The PARTIES shall jointly undertake outreach to the public and
local governments to engage the public, stakeholders, and other interested groups in
the planning, development, design, engineering, and implementation of the
PROJECT.
IV. PLANNING:
A. Water Availability: As part of the DISTRICT's ongoing efforts, the DISTRICT
shall identify the sustainable surface water yield from the C-51 east and west
basins. In determining the sustainable yield, the DISTRICT will: 1) perform
regional water resource and hydrologic modeling; 2) assess the potential of
the proposed Lake Point project in Martin County to contribute to project
objective; and, 3) identify other potential sources of surface water that may
contribute to the project consistent with the DISTRICT's regulatory programs;
restoration programs, in particular the CERP Assurances of Project Benefits
Agreement dated January 9, 2000, and DISTRICT objectives. The
DISTRICT shall use reasonable efforts to complete this study by June 30,
2011.
B. Potential Users:
i. The PARTIES shall determine the aerial extent of potential water
supply users of water from the PROJECT.
II. For each public water supply entity determined to be a potential user of
water from the PROJECT, the UTILITY PARTIES shall identify the
quantity and timing, including average day and peak month, water
needed in 10-year increments up to the year 2060 to: 1) meet each
public water supply entity's total raw water demands; 2) be supplied
from the PROJECT; and, 3) be met from water sources other than the
PROJECT.
iii. The PARTIES may identify other potential water users, including
industrial, agricultural, landscape irrigation, and water control districts
established under Chapter 298, Florida Statutes. F or each other
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potential water user, the PARTIES shall identify the quantity of water
needed from the PROJECT and the timing of the potential user's water
needs.
iv. The PARTIES shall use reasonable efforts to complete the actions
identified in Paragraph IV.B by June 30, 2011.
C. Natural System Needs:
i. The DISTRICT shall identify the quantity and timing of water needed
from the Project in 10-year increments up to the year 2060 for the Lake
Worth Lagoon, Water Conservation Area #1, and other natural
systems.
ii. When identifying the amount of water needed for the natural system,
the DISTRICT shall consider water quality treatment requirements that
may be imposed, including the Southeast Florida Total Maximum Daily
Loads, Federal Everglades settlement; water quantity commitments
pursuant to CERP, and any other state or federal law, rule, regulation,
agreement or order related to water quantity or water quality for natural
systems.
iii. When identifying the amount of water needed for the natural system,
the DISTRICT may take into account the anticipated impacts of climate
change and sea level rise.
iv. The DISTRICT shall use reasonable efforts to complete this
quantification by June 30, 2011.
D. Initial Feasibility Determination: Upon completion of items set forth in
Paragraphs IV.A - IV.C, the PARTIES shall assess the PROJECT's feasibility
in meeting the PARTIES' objectives.
E. Preliminary Project Design and Cost Estimate:
i. If the PARTIES determine that the PROJECT continues to be a viable
mechanism to meet the PARTIES' objectives based on the Initial
Feasibility Determination, the PARTIES may enter into an agreement
to undertake the actions set forth in this section. The PARTIES
anticipate the agreement would be completed by July 30, 2011.
ii. Upon execution of an agreement, the PARTIES shall work together,
using the information gathered pursuant to this Section IV and any
other relevant documents and reports agreed to by the PARTIES, to
design the PROJECT, identify any infrastructure and operational
changes that may be necessary for the success of the PROJECT, and
estimate the cost of the PROJECT.
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iii. Conveyance Route:
1. The LWDD and UTILITY PARTIES shall identify routes through
the aerial extent identified in Paragraph IV.B.i, which may
include LWDD, Broward County, and Miami-Dade County, to
convey water from the PROJECT to the potential users of water
identified in Subparagraphs IV.B.ii and IV.B.iii. The LWDD and
UTILITY PARTIES shall identify any necessary and
recommended infrastructure improvements to convey water
through the routes, cost of said infrastructure improvements,
and the quantity of water capable of being conveyed for each
conveyance route identified.
2. The DISTRICT shall identify routes to convey water to meet the
environmental and water supply objectives of the DISTRICT and
shall include an analysis of the risks associated with each
identified route. The DISTRICT shall also identify any
necessary and recommended infrastructure improvements
necessary to convey water, cost of said infrastructure
improvements, and the quantity of water capable of being
conveyed.
3. A report detailing the results of Paragraphs IV.E.iii.1 and 2 shall
be compiled and provided to the PARTIES. The PARTIES
anticipate the report will be completed by September 30, 2011.
The PARTIES shall have the opportunity to review and provide
comment on the report. The report shall be revised, if
necessary, based on comments received from the PARTIES,
any interested stakeholders, and the public.
4. The PARTIES shall choose the preferred conveyance route
within 90 days of issuance of a report which all PARTIES deem
acceptable.
iv. Storage and Treatment:
1. The PARTIES shall determine the size of the PROJECT and
identify any storage sites and investigate the availability and
water capacity of the preferred sites.
2. The DISTRICT shall identify the water quality necessary to meet
state and federal water quality standards.
v. Preliminary Design and Cost Estimate Report
1. Upon completion of the tasks identified in Subparagraphs IV.E.iii
and IV.E.iv, the PARTIES shall prepare a Preliminary Design
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and Cost Estimate Report ("PDCR") based on the results of said
tasks.
2. The PARTIES shall have the opportunity to review and
comment on the PDCR prior to its finalization.
V. SECOND FEASIBILITY EVALUATION: After completion of the planning tasks
identified in Section IV and consideration of the PDCR, the PARTIES shall reassess
the PROJECT's feasibility in meeting the PARTIES' objectives.
VI. DESIGN, CONSTRUCTION. AND OPERATION: If the PARTIES determine that the
PROJECT is appropriate and feasible to meet the PARTIES' objectives, the
DISTRICT, LWDD, UTILITY PARTIES, and/or any other interested party shall
execute a separate agreement which shall address funding, site acquisition, any
additional design and engineering, construction, operation, permitting and regulatory
considerations, and governance of the PROJECT.
VII. TERM: The term of this MOU shall commence upon its complete execution by all
PARTIES and shall remain in effect until March 30, 2012, or until execution of the
separate agreement contemplated by Section VI, whichever occurs first.
VIII. ENTIRE AGREEMENT: This MOU constitutes the entire agreement between the
PARTIES and may not be amended or modified unless agreed to and approved in
writing by all PARTIES.
IX. ASSIGNMENT: No assignment, delegation, transfer, or novation of this
AGREEMENT, or any part hereof, shall be made unless approved in writing by all
PARTIES.
X. DISCLAIMER OF THIRD PARTY BENEFICIARIES: This MOU is solely for the
benefit of the PARTIES and no right or cause of action shall accrue to the benefit of
any third party.
XI. MISCELLANEOUS PROVISIONS:
A. Nothing in this MOU is intended to constitute a binding agreement to plan,
design, finance, construct, and operate the PROJECT.
B. A consultant may be retained by the PARTIES, an individual party, or several
parties, to perform any portion of the party's/parties' tasks or obligations
under this MOU.
C. Additional parties wishing to participate in these objectives and activities
outlined in this MOU shall sign the Joinder to the MOU which is attached
hereto as Exhibit A. Upon execution, the Joinder shall bind the additional
party to the terms of this MOU but said execution does not relieve the
PARTIES identified in Paragraph I of such obligations. The joining entity shall
provide each party with a copy of the executed Joinder.
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D. This MOU and the rights and obligation of the PARTIES are to be governed
by, construed, and interpreted in accordance with the laws of the State of
Florida.
E. In the event of any legal proceedings arising from this MOU, venue for such
proceedings shall be in the Fifteenth Judicial Circuit of Florida if filed in state
court and the Southern District of Florida - West Palm Beach if filed in federal
court.
F. In such legal proceedings, the PARTIES hereby consent to trial by the court
and waive the right to seek a jury trial as to any issues so triable.
G. Each PARTY shall be responsible for its own attorney's fees and other court
costs related to enforcement of the terms of this MOU.
H. The parties acknowledge that this MOU is a negotiated agreement, and that
in no event shall the terms be construed against any party on the basis that
such party, or their counsel, drafted this MOU.
I. Notice of any determination or termination under this MOU shall be made to
the PARTIES at the addresses listed above for each PARTY.
J. Nothing in this MOU is intended to constitute issuance of a consumptive use
permit.
XII. EXECUTION IN COUNTERPARTS: This MOU may be simultaneously executed in
several counterparts, each of which shall be an original and all of which shall
constitute the same instrument.
XIII. FILING: This MOU shall be filed pursuant to Section 163.01 (11), Florida statutes.
SOUTH FLORIDA WATER
MANAGEMENT DISTRICT
By its Governing Board
Eric Buermann, Chairman
Attested: Legal Form Approved:
District Clerk/Assistant Secretary Jennifer Bokankowitz, Esq.
Date: ,2011
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LAKE WORTH DRAINAGE
DISTRICT
C. David Goodlett, President
Legal Form Approved:
Mark A. Perry, Legal Counsel
Perry & Kern, P.A.
Attested:
Ronald L. Crone, Manager/Secretary
Date:
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PALM BEACH COUNTY
By its Board of County
Commissioners
, Chair
Legal Form Approved:
, Esq.
Attested:
Sharon R. Bock, County Clerk
Date: ,2011
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CITY OF FORT LAUDERDALE
By its City Commission
Print Name:
Print Title:
Legal Form Approved:
, Esq.
Attested:
Print Name:
Date: ,2011
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JOINDER BY
THIS JOINDER is executed on this _ day of , 2011, by
,a (insert legal entity status, e.g. political subdivision,
Florida corporation, municipality). Terms not defined herein shall have the meaning
ascribed to them in the Memorandum of Understanding ("MOU") between the South
Florida Water Management District, Palm Beach County, Lake Worth Drainage District,
and City of Fort Lauderdale regarding C-51 Water Supply & Water Quality Reservoir
Planning and Development, which is attached hereto and incorporated herein.
WHEREAS, wishes to join the MOU to participate in the actions
and obligations identified as the responsibility of the PARTIES and UTILITY PARTIES.
NOW, THEREFORE, hereby agrees as follows:
1. The foregoing recital and those contained in the MOU are true and correct
and incorporated herein by reference.
2. hereby joins in the MOU to undertake all or part of the
obligations of the PARTIES and UTILITY PARTIES but such joinder shall
not be construed as assumption of such obligations by
3. This joinder shall be effective as of the date first written above and shall
be binding upon and its successors and assigns.
IN WITNESS WHEREOF, this has been executed.
By its
Print Name:
Print Title:
Legal Form Approved:
, Esq.
Attested:
Print Name:
Date:
JOINDER BY City of Boynton Beach
City oViIS JOINDER is executed o.n this _ da.y of . . ,20.1 ~ '. by
Rriynf"nn R....~lt ' aMimi"'ip..l if"y (Insert legal entity status, e.g. political subdiVIsion,
Florida corporation, municipality). Terms not defined herein shall have the meaning
ascribed to them in the Memorandum of Understanding ("MOU") between the South
Florida Water Management District, Palm Beach County, Lake Worth Drainage District,
and City of Fort Lauderdale regarding C-51 Water Supply & Water Quality Reservoir
Planning and Development, which is attached hereto and incorporated herein.
City of
WHEREAS, Boynton Beach wishes to join the MOU to participate in the actions
and obligations identified as the responsibility of the PARTIES and UTILITY PARTIES.
City of
NOW, THEREFORE, Boynton Beach hereby agrees as follows:
1. The foregoing recital and those contained in the MOU are true and correct
and incorporated herein by reference.
City of
2. Boynton Beach hereby joins in the MOU to undertake all or part of the
obligations of the PARTIES and UTILITY PARTIES but such joinder shall
not be construed as assumption of such obligations by City of BOYlltoD. Beach
3. This joinder sha1b pe efflctive as of the date first written above and shall
be binding upon 1ty 0 oynton Beach and its successors and assigns.
IN WITNESS WHEREOF, this has been executed.
By its
Legal Form Approved:
(~~~
< . b . \.{\ , sq.
Attested:
Print Name:
Date:
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
E-mail: prainitoj@bbfl.us
www.boynton-beach.org
July 6, 2011
Lake Worth Drainage District
13081 Military Trail
Delray Beach, FL 33484
Attn: Mr. Mark Perry
Re: Resolution Rll-060 - Memorandum of Understanding between the
South Florida Water Management District, Palm Beach County, Lake
Worth Drainage District and the City of Fort Lauderdale regarding C-51
Water Supply & Water Quality Reservoir Planning and Development
Dear Mr. Perry:
Attached for your handling are five original Memorandums of Understanding mentioned
above. Once the documents have been fully executed, please return one original to the
City Clerk's Office for our Central File.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
~'m.~
( et M. Prainito, MMC
City Clerk
Attachment
tis
S:\CC\ WP\AFTER COMMISSION\Other Transmittal Letters After Commission\20 I I \R I 1-066 MOU between SFWMD, PBe. L WDD & City
of Ft Lauderdale Regarding C -5 I Water Supply. doc
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