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ITEM: RESOLUTION NO. R2024-25 (INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF WELLINGTON AND THE PINE TREE WATER CONTROL DISTRICT)
A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE PINE TREE WATER CONTROL DISTRICT FOR THE PROVISION OF ROAD MAINTENANCE SERVICES WITHIN THE PINE TREE WATER CONTROL DISTRICT; AND PROVIDING AN EFFECTIVE DATE.
REQUEST: Approval of an Interlocal Agreement between the Village of Wellington and the Pine Tree Water Control District for the provision of road maintenance services within the Pine Tree Water Control District
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EXPLANATION: The Pine Tree Water Control District (“Pine Tree”) is an independent special water control district within the municipal boundaries of the Village of Wellington (“Wellington”). The residents of Pine Tree are also residents of Wellington. Pine Tree and Wellington entered into an Interlocal Agreement on May 25, 2004 through which Wellington provided certain governmental services to Pine Tree. The services provided to Pine Tree by Wellington, pursuant to the Interlocal Agreement, ended on July 23, 2017, with the exception of roadway maintenance services, which were extended by way of an Amendment to the Interlocal Agreement, until September 30, 2017.
Pine Tree is the entity responsible for the maintenance of the Rustic Ranches roads, as determined by the Court in Village of Wellington v. Pine Tree Water Control District, Case No. 2019-CA-006485. In that case, the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, issued a permanent injunction and writ of mandamus directing Pine Tree to comply with its obligations to maintain the Rustic Ranches roads pursuant to its Water Control Plan and South Florida Water Management District Permit No. 50-00485-R/S/W. The Fourth District Court of Appeal affirmed the decision in Pine Tree Water Control District v. Village of Wellington, Case No. 4D21-2749.
Wellington also obtained a judgment against Pine Tree in Village of Wellington v. Pine Tree Water Control District, et al., Case No. 2021-CA-005857. In that case, the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, determined that Pine Tree imposed invalid special assessments against Wellington for its Section 24 property (which is now part of the Acme Improvement District pursuant to Chapter 2023-330, Laws of Florida) and that Wellington is entitled to a refund. The Court further concluded that Pine Tree violated the Florida Public Records Act and awarded Wellington its attorney’s fees both for Pine Tree’s violation of the Public Records Act and based on Pine Tree’s failure to participate in the intergovernmental conflict resolution procedures of Chapter 164, Florida Statutes.
The proposed Interlocal Agreement (ILA) provides for Wellington to add the following shell rock roads to its gas tax map:
a. Rustic Road
b. Cotton Tail Drive
c. Hollow Tree Lane
d. Deer Path Lane
e. Skipiks Way
f. Norris Road,
and to collect the gas tax for the associated lane miles and use the collected gas tax revenue for the maintenance of said roads. It is the intent of Wellington to utilize the proportionate annual funding received from any gas tax collection for the Rustic Ranches roads toward the maintenance of said roads. The cost of any maintenance or repairs to the Rustic Ranches roads deemed necessary to bring the roads up to Wellington’s standards, or to maintain them at Wellington’s standards, that exceeds the annual gas tax funding to Wellington for the Rustic Ranches roads shall be the sole financial responsibility of Pine Tree.
As inducement for Wellington to enter into the proposed ILA and resume maintenance of the Rustic Ranches roads, Pine Tree agrees to pay Wellington the sum of $255,000.35. This amount includes the $80,424.15 owed to Wellington pursuant to the final judgement in Case No. 2021-CA-005857, plus additional interest at the statutory rate through and including June 25, 2024, plus Wellington’s attorney’s fees and costs in the matter in the amount of $173,464.89. Pine Tree’s failure to pay Wellington the full amount of $255,000.35 by 12:00 pm on June 30, 2024, shall result in immediate termination of the ILA without further notice.
If approved, the term of the ILA shall begin on October 1, 2024 and end on September 30, 2029. Any extensions of the ILA beyond the initial five (5) year term must be by written amendment executed by the Parties. In addition to the termination of the ILA that will occur immediately and automatically if Pine Tree does not meet the deadline to pay Wellington as set forth above, the ILA may be terminated by Wellington or Pine Tree upon providing one hundred eighty (180) days prior written notice to the other Party.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: NO QUASI-JUDICIAL: NO
FIRST READING: SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT:
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Staff recommends approval of an Interlocal Agreement between the Village of Wellington and the Pine Tree Water Control District for the provision of road maintenance services within the Pine Tree Water Control District.