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ITEM: AUTHORIZATION TO PROVIDE WRITTEN NOTICE TO TERMINATE THE INTERLOCAL AGREEMENT WITH PINE TREE WATER CONTROL DISTRICT
REQUEST: Authorization to provide written notice to terminate the Interlocal Agreement with Pine Tree Water Control District in accordance with Section 19 of the Agreement.
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EXPLANATION: The Village of Wellington (Village) entered into an Interlocal Agreement with the Pine Tree Water Control District (PTWCD) on May 25, 2004 (Exhibit A). The Agreement provided for the Village to manage PTWCD in accordance with its Water Control Plan. The basic services include storm water management, drainage, aquatic weed control, and roadway maintenance. The Parties to the Agreement also anticipated PTWCD ultimately becoming a dependent district of the Village.
The PTWCD landowners considered the option to become a dependent district of the Village in a referendum conducted in 2006. The referendum failed to receive majority support for the transition to a dependent district (Exhibit B).
Pursuant to Section 19, either Party may terminate the Agreement provided there are at least two hundred seventy (270) days written notice.
Staff recommends the Village provide written notice to terminate the agreement. The Village will work with the PTWCD to conduct a search for management company if the PTWCD Board of Supervisors requests this assistance. The Village can continue to serve during the transition period and work to enable a smooth turnover, if the PTWCD Board of Supervisors requests this.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: NO QUASI-JUDICIAL:
FIRST READING: SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: The administrative cost included annually as part of PTWCD's budget process will be adjusted to reflect termination of the agreement on a pro rata basis, if approved.
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Authorization to provide written notice to terminate the In...
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