HomeMy WebLinkAboutCity of Orlando- Addendum to Intergovernmental Agreement 1978
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ADDENDUM TO INTERGOVERNMENTAL AGREEMENT
BE'IWEEN r,.U'Afi~ SPIZ 11U6.5 AND
TgE CITY OF ORLANDO, FLORIDA
THIS ADDENDUM, made and entered into this /~~ day of
November, 1978, by and between the City of Orlando, Florida
(hereinafter referred to as "Orlando"), and
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referre to as "Agency"),
(here inaf tersomet imes
WITNESSETH THAT:
WHEREAS, Orlando and Agency entered into an Intergovern-
mental Agreement dated~k 1.2, l'11hJregarding the conduct of
a Facility Plan study with respect to a regional sewage treatment
facility to be known as the Iron Bridge Plant; and
WHEREAS, Orlando and Agency executed an Amendment to
the said Intergovernmental Agreement for the purposes of approving
and accepting the Facility Plan, and making other covenants with
respect to implementation thereof; and
WHEREAS, provision was made in 'I~ of the said Amend-
ment for the parties to negotiate in good faith to reach agree-
ment as to criteria for the charges to be paid by Agency to
Orlando, and to establish a commitment by Agency to deliver
wastewater to the Iron Bridge Plant; and
WHEREAS, the parties have executed this Addendum to
record their agreement as to criteria for the charges to be paid
by Agency to Orlando, and as to Agency's commitment to deliver
wastewater to, and Orlando's duty to construct the Iron Bridge
Plant, and to record their agreement upon the other matters
hereinafter recited; and
WHEREAS, provision has been made for simultaneous exe-
cution hereof by Agency and by South Seminole and North Orange
Wastewater Transmission Authority ("the Authority"), and for the
assignment hereof to the Authority to facilitate the Authority's
accession to all of the rights inuring to, and duties accepted
by Agency herein, upon the conditions hereinafter stated;
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NOW, THEREFORE, in consideration of t~e mutual cove-
nants hereinafter recited, the parties hereby agree as follows:
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The initial flow to be delivered by Agency to the Plan~will be
not less than 0
MGD. Orlando agrees that the Iron
Bridge Plant will be constructed by the date hereinabove speci-
fied at least to that degree of completion which will enable
Orlando to accept and treat Agency's said flow of sewage.
Neither party shall be deemed to be in violation of this provi-
sion if, notwithstanding diligent efforts on its part to do 50,
it has been prevented by circumstances beyond its control from
completing the work herein contemplated by the date specified.
2. The following meanings shall be ascribed to the
terms listed below for purposes of this Addendum:
"Committed Flow" shall mean the average daily
flow, expressed in millions of gallons per day {MGD}
which Orlando agrees will be available at the Iron
Bridge Plant, subsequent to the completion thereof
and throughout the term of this Addendum, for treat-
ment of sewage collected within Agency's retail sewer
service area.
"Contracting Entity" shall mean Agency and any
other governmental unit {other than Orlando}, or
General Waterworks Corporation which shall have entered
~'ntOf~terparts of this Addendum prior to November
17 - '."
~ 1978.
"The Bonds" shall mean the $22 million of Sewer
Revenue Bonds, Series 1978, heretofore issued by
Orlando. A schedule of payments due under the Bonds
is attached hereto as Exhibit A.
"Common Facilities" shall mean the Iron Bridge
Plant and the interceptor from the intersection of
McCulloch Road and Dean Road to the headworks of the
Plant, together with all land, easements, equipment,
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buildings, and other improvements attached or appur-
tenant thereto.
"Common Facilities Debt Service" shall mean that
portion of the payments due under the Bonds as is
attributable to the Common Facilities, and is to be
determined in the manner stated below.
3. Agency hereby requests, and Orlando hereby agrees
to reserve for Agency a Committed Flow of 0
MGD. (The
number to be inserted shall not be less than the average daily
flow collected within Agency's sewer service area during the
fiscal year ending September 30, 1978, and shall not be greater
than Agency's anticipated 1980 average daily flow as shown in
Table 3-1, Appendix VIII-D-IO, Volume III, Technical Appendix of
the Facility Plan.) This Committed Flow shall not be sold,
sublet or assigned by Agency in whole or in part. Subject to the
provisions appearing hereinbelow, the amount of Agency's Committed
Flow may not be reduced by Orlando except with the prior written
consent of Agency and on terms acceptable to it, so long as
Agency shall be in compliance with all of its obligations herein-
above and hereinafter set forth. 0.. r;an~erebY reserves to itself
a Committed Flow of I Z,W MGD. ~1f ~
4. The Common Facilities Debt Service shall be deter-
mined in the following manner:
(a) Orlando's unreimbursed cost of professional
fees and other costs incurred prior to September 18, 1978,
attributable to the Common Facilities, and its cost in acquiring
the Plant site, total $1,965,471.28.
(This amount shall be reduced
by $60,050. if Orlando elects to construct the Plant at an initial
capacity of 24 MGD, and shall be reduced in any event by any grant
reimbursement received by Orlando with respect to any of the costs
included in the aforesaid total amount.)
(b) Orlando's unreimbursed cost of constructing
the Common Facilities shall be identified by Orlando, and shall
include all payments made subsequent to Septe~ber 18, 1978, to
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contractors and suppliers, and all other costs such as engineering
and other professional fees, right-of-way costs, and administra-
tive expenses incurred by Orlando in connection with the con-
struction, supervision, design, start up, inspection or testing
of the Common Facilities, as well as all costs incurred by Orlando
in the acquisition or performance of grants pertaining to the
Common Facilities, and in the acquisition or performance of permits
or other legal compliances required by regulatory authorities.
(c) The City's costs incurred in issuing the 1978
sewer revenue bonds are the sum of the following:
(1) Discount allowed of $219,944.85.
(2) provision for the Reserve Account of
the Sinking Fund in the amount of $2,374,844.
(3) Fiscal agent and other fees, rating
agency fees, printing, and other costs in the total amount of
$210,356. (This figure includes estimates for certain cost items.
It will be adjusted downward only when actual amounts are deter-
mined, on or before November 8, 1978.)
(4) The sum of $3,073,106.25 capitalized in
the Bonds for interest due on the Bonds prior to the time the
Plant is placed in operation.
(d) The sum of $22,000,000 minus items (a), (b),
and (c) above represents, and shall be called "Other Bond Proceeds,"
which Orlando will utilize for projects other than the Common
Facilities.
(e) The total amount of the Bonds allocable
to the Common Facilities shall be the total of:
(1) Items (a) and (b) above (being the
direct cost of the Common Facilities), and
(2) Item (c) above times a factor equal to
Items (a) and (b) divided by the total of Items (a) and (b) and
(d) (being a pro rata allocation of the outlays made in the
issuance of the Bonds) .
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(f) The Common Facilities Debt Service due in
each year hereunder shall be the product of the total principal
and interest due in such year under the Bonds, times Item (e),
divided by $22,000,000, times 135%. (The principal and interest
due shall be reduced by earnings anticipated during the year in
question from amounts on deposit in the Sinking Fund Reserve
Account. )
5. It is not possible now to compute the Cornmon
Facilities Debt Service, since Item 4(b) is not now ascertain-
able. Orlando will prepare and transmit to Agency an estimate of
Item 4(b) on or about ~uly 1, 1979, or as soon thereafter as
practicable. Orlando. will update this estimate each six months
thereafter, and furnish Agency a copy thereof, until an exact
computation of Item 4(b) can be made. If exact computation of
Item 4(b) is not possible by April 1, 1981, Orlando shall estab-
lish a reasonable estimate thereof, and of the Common Facilities
Debt Service, and payments by Agency shall be based thereon,
subject to prompt adjustment when an exact computation of Item
4(b) can be made. Orlando's records pertaining to Item 4(b)
shall be available at all reasonable times for inspection by
Agency. Orlando's records pertaining to all other components of
the Common Facilities Debt Service are now, and have been avail-
able for inspection by Agency.
6. Agency unconditionally agrees to commence payment
to Orlando of Agency's share of the Common Facilities Debt
Service on April 1, 19B1, and to continue paying the same there-
after, irrespective of Agency's use or non-use of the Iron Bridge
Plant on that or any later date. "Agency's share" of the Common
Facilities Debt Service shall be determined by dividing its
Committed Flow by the aggregate of all Committed Flows of Orlando
and all Contracting Entities, including Agency. At the execution
hereof, the initial capacity of the Iron Bridge Plant, the number
of Contracting Entities, and the Committed Flows of such Con-
tracting Entities are not known. For that reason, theoretical
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participations are assumed below for the purpose of defining the
method for determining Agency's share of the Common Facilities
Debt Service. Agency's actual share shall be determined based
upon the Committed Flows of all Contracting Entities, once that
has been established. Prior to its delivery of this Addendum to
Orlando, Agency has satisfied itself that the total number of
other Contracting Entities is acceptable to it.
*
*
*
Assume that the following become Contracting Entities,
and reserve the Committed Flows shown:
Orlando
Committed Flows
(MGD)
10.8
2
1
Percentage of
Committed Flows
58.38
Win ter Park
10.81
Maitland
5.41
Seminole County
.4
13.51
2.16
Casselberry
2.5
General Waterworks
1.8
IB:5
9.73
100.00
*
*
*
Each Contracting Entity's share of the Common Facili-
ties Debt Service would be that "Percentage of Committed Flows"
appearing opposite its name above.
Taking Winter Park as .an example, and assuming solely
for the purpose of illustration that the Common Facilities Debt
Service is computed to be 70% of the total debt service on the
Bonds:
Winter Park would be responsible for 10.81% of the
Common Facilities Debt Service. On the first day of each month,
commencing April 1, 1981 (since Sinking Fund earnings, together
with capitalized interest, are believed to be sufficient to carry
the interest through March 31, 1981), Winter Park would pay to
Orlando 10.81 percent of the interest due as Common Facilities
Debt Service, reduced by anticipated earnings from the Sinking
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These payments would con tinJJ"'t~r~~~hLA.
March 1, 1983. Based on the above assumption and the further
assumption that semi-annual earnings on the Sinking Fund Reserve
Account total $75,000, these monthly payments would be ($682,913
_ $75,000) : 6, times .70 x .1081 x 1.35, or $10,350.
On the first of each month, commencing April 1, 1983,
winter Park would pay to Orlando 10.81 percent of the interest
and principal due as Common Facilities Debt Service.
(Thus would
commence accumulation of the principal payments due April 1,
1984, and April 1st of each year thereafter.) These payments
would continue until the Bonds are paid in full. Credit would be
given when the Sinking Fund Reserve Account is applied to the
final payment(s) due under the Bonds. The annual principal
payments commence at $120,000 in 1984, and increase annually
thereafter, as reflected in the attached schedule. Assume:
that anticipated earnings from the Sinking Fund Reserve Account
are $75,000 semi-annually, and that the Operations and Maintenance
Fund is not in a deficit condition, and that the "coverage" sur-
p1 us of $500,000 referred to in ,,7 below has been funded and is
not required for Common Facilities Debt Service: winter Park's
monthly payment due April 1, 1983 would be [($682,913 - $75,000)
~ 6] + ($120,000 7 12) x .70 x .1081 x 1.00, or $8,423.
7. It is anticipated that payment of Common Facilities
Debt Service including the 35% coverage factor may result in the
accumulation of a surplus after all requirements of the ordinance
authorizing issuance of the bonds have been met. In that event,
the City may accumulate and maintain a maximum aggregate surplus
from such payments of $500,000 in a restricted account in the
Operations and Maintenance Fund, to be used only to cover tem-
porary shortages in the Operations and Maintenance Fund subse-
quent to Agency's delivery of flows to the Plant, or to pay that
portion of the Common Facilities Debt Service which any Con-
tracting Entity may default in paying at any time. The remaining
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surplus which is legally available under the Bond covenants at the
end of each fiscal year, if any, resulting from payments by
Agency of such coverage factor will be applied as credits to the
amounts due in the next succeeding year from Agency for Common
Facilities Debt Service. Such credits shall be allocated to all
Contracting Entities and Orlando in the ratio in which each con-
tributed to the accumulation thereof. Interest from time to time
earned on Agency's contribution to such restricted account shall
remain in the Operations and Maintenance Fund to be applied against
Agency's operating costs in the next ensuing fiscal year.
8. As utilization of the Iron Bridge Road Plant prog-
resses, it is likely that a Contracting Entity may deliver to the
Plant in a given year ~ than its Committed Capacity. Such
entity will, within 60 days following the end of the fiscal year
in which this occurred, pay into a separate account to be main-
tained by Orlando the amount of debt service allocable to this
excess usage in the prior year.
(Should a Contracting Entity
initially deliver sewage to the Plant at a date other than the
first day of October, any such payment for usage in excess of
its Committed Capacity in that initial year will be prorated on
the basis of the number of days remaining in the fiscal year after
the day on which its flows first commence.) The aggregate of such
payments for excess usage will be promptly distributed by Orlando
to itself and to each Contracting Entity in the ratio of their
respective payments of Common Facilities Debt Service in the
fiscal year involved.
For example, if Orlando exceeded its committed flow
by .5 MGD in the fiscal year ending September 30, 1984, and no
other Contracting Entity exceeded its committed flow, in that
year, Orlando would distribute .026 [.S : (IS.S + .5)] times the
Common Facilities Debt Service (times 1.35, if applicable).
Winter Park would receive 10.81% of this payment, assuming that
it had paid its prescribed portion of the Common Facilities Debt
Service.
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Once Orlando or any contracting Entity shall exceed its
Committed Capacity in any fiscal year, it shall thereafter give
prompt written notice to Orlando and each Contracting Entity of
any proposed new sewage generator within its service area which
would, when completed, represent an annual average daily flow in
excess of 50,000 gallons per day.
Neither Orlando nor any Contracting Entity shall exceed
its Committed Capacity by an amount which would encroach upon the
Committed Capacity of other users of the Plant.
9. It is possible that the Iron Bridge Plant in i-
tially will be constructed in a capacity in excess of the total
of the committed Flows of Orlando and the Contracting Entities.
Orlando reserves the right to make portions of such excess
capacity available to one or more entities which did not ini-
tially execute counterparts of this Addendum; provided, that it
may do so only if:
(a) Agency's Committed Flow is not impaired by
such action, (except that this may be done with Agency's
consent and upon terms acceptable to it), and
(b) The amount of capacity proposed to be made
available to a "new" entity will not exceed the amount
by which the capacity of the Plant exceeded the average
daily flow of Orlando and the Contracting Entities in
the immediately preceding fiscal year, reduced by any
capacity previously made available to any "new" entity.
(c) Utilization of any portion of the Common
Facilities shall not be afforded a "new" entity on
terms materially different or substantially more favor-
able than those agreed to herein by Agency (except that
Orlando shall not be obligated to any Contracting
Entity other than Seminole County with respect to the
provisions included in the Intergovernmental Agreements
dated June 8, 1977, and December 6, 1977 between
Orlando and Seminole County).
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(d) Any capital payments received by Orlando from
a "new" entity with respect to the Common Facilities,
or any portion thereof, shall be applied by Orlando in
a manner inuring equitably to the benefit of all
Contracting Entities.
(e) Agency shall be offered the right of first
refusal to increase its Committed Capacity, in the
manner stated hereinbelow, and shall have failed or
declined to exercise such right of first refusal.
Orlando shall give Agency written notice of the amount
of capacity which it proposes to make available to a
"new" entity, and the price and other terms of such
proposal. Agency shall have the right, within 60 days
following its receipt of such written notice, to elect
to purchase up to its proportionate share of the capa-
city offered to the "new" entity, on the same terms as
offered to the "new" entity, and thereby to increase
Agency's Committed capacity. If Agency fails to
exercise its right of first refusal in a timely manner,
its right shall lapse as to the proposed transaction
presented to it, but not as to any subsequent allocations
of capacity which Orlando proposes to make to a "new"
enti ty . Agency's "proportionate share" shall be its
then-Committed Capacity, divided by the aggregate of the
then-Committed Capacity of Orlando and all Contracting
Entities and all "new" entities previously admitted to
usage of the Plant, multiplied by the capacity which
Orlando proposes to make available to the "new" entity.
This subparagraph (e) shall be void and of no effect
unless the initial Committed cap~~it~~l Contracting
Entities shall equal or exceed U MGD.~n any event,
this subparagraph (e) shall not be enforceable: (a) in
a manner violative of EPA regulations, (b) in a manner
violative of the said agreements between Orlando and
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Seminole County dated June 8, 1977, and December 6,
1977, or (c) as to transactions in which Orlando pro-
poses to make excess capacity available to Winter
Springs or Oveido, since the Facility Plan does not
envision that these entities will be initial users of
the Plant.
10. Under the provisions of ,r2 of the aforesaid Amend-
ment to the Intergovernmental Agreement, Orlando may be required
to expand the capacity of the Iron Bridge Plant at a later date.
Prior to ooing so, Orlando will offer Agency the right to reserve
additional Committed Flows in the expanded facility on an equit-
able basis with Orlando, other Contracting Entities and "new"
entities. Whether or not Agency elects to reserve additional
Committed Flows, Orlando shall consolidate the Common Facilities
Debt Service with the additional debt service required in connec-
tion with, or allocable to expansion of the Plant. Agency will
thereafter participate in payment of such aggregate debt service
in the ratio which its committed flows bear to the committed
flows of all other entities which have reserved committed flows
in the Iron Bridge Plant, as expanded. The calculation of such
debt service participation shall be performed, and payment there-
of shall be made by Agency, in the same manner as hereinabove
provided with respect to the initial construction phase.
11. Pursuant to 113 of the aforesaid Amendment to the
Intergovernmental Agreement, Orlando agreed under certain condi-
tions to sell the Iron Bridge Plant to a regional authority or to
a successor agency established by an act of the Florida Legis-
lature. It is hereby agreed that such right to purchase shall
expire if not exercised on or before April 1, 1984. Prior to or
subsequent to that date, Orlando may sell the Plant to such an
authority only if the terms and conditions of such sale and the
composition of such authority shall be acceptable to Orlando, and
to two or more of the Contracting Entities who, in the fiscal
year immediately preceding such sale delivered to the Plant 60%
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or more of the aggregate of all sewage delivered to the Plant by
the Contracting Entities during such fiscal period.
12. Agency hereby agrees that it will not, without the
prior written consent of Orlando, and on terms acceptable to
Orlando, deliver sewage to the Iron Bridge Plant from any point
outside of Agency's retail sewer service areas from time to time
existing.
13. At such time as Agency shall have commenced to
deliver sewage_to the Iron Bridge Plant for treatment, it will
pay those additional operating charge components listed below,
calculated in the manner provided in Exhibit B attached hereto:
Fee Components as Follows:
1. Iron Bridge Regional Treatment Plant - Opera-
tion and Maintenance.
2. Transportation System (Interceptors, including
pumping stations, force mains, and gravity sewers) Operation and
Maintenance.
3. Administration Costs Not in Treatment Plant
Operation and Maintenance Cost Center.
4. Payment for Use of Existing Facilities (Crane
Strand Outfall - this charge not. applicable to Agency).
5. Special Services Surcharge.
6. High Strength Waste Surcharge.
7. Hydraulic Peaking Factor Surcharge.
8. Industrial Cost Recovery.
Orlando shall invoice these charges on the fifth day of
each month based on flows in the preceding month. Agency shall pay
such invoices within ten days following receipt thereof.
Whenever it shall be necessary to install, calibrate,
and read meters or other devices to provide data necessary in the
calculation of charges due from Agency for the treatment of its
sewage, Agency shall be responsible for all costs associated with
such installation and calibration.
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14. Orlando previously has supplied Agency with
certain preliminary cost data, at Agency's request and for the
purpose of enabling Agency to estimate the effect on its fees
and charges of its utilization of the Iron Bridge Plant. Agency
hereby releases Orlando, and its employees, consultants, and
representatives from any and all claims or liability of any
kind with respect to the furnishing of any such preliminary cost
data. Further, Agency acknowledges that the assumptions and
examples included in this Addendum and in Exhibit B attached
hereto are for purposes of illustration only, and that neither
Orlando nor its employees, consultants or representatives shall
have any liability should any of the facts assumed or included
herein prove to be inaccurate, except that Orlando is and shall
be responsible for the accuracy of the costs set forth in ~4(a),
(b) and (c) above.
15. The agreements herein recited shall continue in
full force and effect until April 1, 2007, or at such earlier
date as Orlando shall convey the Iron Bridge Plant to a regional
authority pursuant to the provisions of "3 of the aforesaid
Amendment to the Intergovernmental Agreement, as amended in ,,11
hereof, and the Bonds be discharged, and such regional authority
shall have accepted by formal assignment all of the rights herein
provided for each of the Contracting Entities.
16. Agency shall be considered a third party bene-
ficiary of any counterpart to this Addendum executed between
Orlando and any other Contracting Entity. In all other respects,
no third party shall be deemed a beneficiary of any of the pro-
visions of this Addendum.
17. Except as herein specifically provided, each of
the terms and conditions of the said Intergovernmental Agreement
and Amendment thereto shall continue in full force and effect.
18. This Addendum is executed at a time when the
amount of Orlando's proposed award for construction of the Plant
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is not known, but with certain expectations as toSt~~0amourrt of
such award. Should the local share of the cost of Orlando's
proposed award exceed $10.25 million for a facility with initial
capacity of 16 MGD, or $12.5 million for a facility with initial
capacity of 24 MGD, or a straight line interpolation of those
dollar totals for an intermediate initial capacity, Orlanda shall
give Agency written notice of such proposed award. Agency shall
thereupon have the right, within 15 days of its receipt of
Orlando's notice, to terminate this Addendum, and the aforesaid
Intergovernmental Agreement and Amendment thereto, by delivering
written notice thereof ~o Orlando. If Agency does not exercise
such right of termination within the time allowed, it will be
conclusively presumed to have waived that right, and this Amend-
ment shall continue in full force and effect, whether or not
other Contracting Entities exercise their respective rights of
termination.
19. As between Orlando and Seminole County, the provi-
sions of the aforesaid agreements between those parties dated
June 8, 1977, and December 6, 1977, shall be controlling in the
event of conflict with the provisions of this Addendum.
20. The Facility Plan provides for Orlando to design
and construct what is known as the Southeasterly Interceptor,
conditioned upon availability of grant funds and compliance with
regulatory agency requirements. Orlando shall have no liability
to Agency if it does not construct the Southeasterly Interceptor,
or amends the proposed size or alignment thereof as a result of
the failure of any other political entity involved to observe,
or cooperate in implementing the Facility Plan.
21. This Addendum has been executed by Agency, and
also has been executed by the Authority. The benefit and the
burden of this Addendum and of the aforesaid Intergovernmental
Agreement and of the aforesaid amendment thereto' ("the Operative
Agreements") may be assigned to the Authority by Agency with the
prior written consent of Orlando, and Orlando shall thereafter deal
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solely with the Authority as to all matters provided between
Agency and Orlando in the Operative Agreements, so long as. the
Authority shall faithfully perform all of the duties of all of
the Contracting Entities under their respective Operative Agree-
ments with Orlando. Orlando's consent to such assignment must be
given if means is provided for Orlando to retain full recourse
against Agency under the Operative Agreements between Agency and
Orlando in the event the Authority shall at any time fail to
perform all of the duties of all of the Contracting Entities under
their respective Operative Agreements. provision is made below
for such assignment and consent.
IN WITNESS WHEREOF, the parties have caused these presents
to be executed by their duly authorized officials on the day and
year first above stated.
THE CITY OF ORLANDO, FLORIDA
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SOUTH SEMINOLE AND NORTH ORANGE
WASTEWATER TRANSMISSION AUTHORITY
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By:,ffi--u. /! .~.<-.'
Attest:
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ASSIGNMENT AND CONSENT
FOR A GOOD AND SUFFICIENT CONSIDERATION, the receipt and
adequacy of which are acknowledged, Agency hereby assigns to the
Authority all of Agency's rights and obligations under the Opera-
tive Agreements between it and Orlando, as hereinabove identified,
and
THE AUTHORITY hereby accepts the foregoing assignment
by Agency, and expressly agrees faithfully to perform all of the
obligations of Agency under the said Operative Agreements and to
accord Agency all of the rights and privileges therein contained
for it, and, as well, faithfully to perform all of the obligations
of all of the other Contracting Entities under their respective
Operative Agreements with Orlando:
PROVIDED ALWAYS, that Agency shall remain fully respon-
sible and legally answerable to Orlando under the Operative Agree-
ments between Agency and Orlando should the Authority fail to
perform or observe the same, and further that Orlando shall at
all times have and retain the right to declare this Assignment
null and void and thereafter to obtain strict compliance by Agency
with its obligations under the Operative Agreements between Agency
and Orlando should the Authority fail or omit faithfully to per-
form all of the obligations of all of the Contracting Entities
-under their respective Operative Agreements with Orlando, and
should such failure or omission not be cured within sixty days
following receipt by Agency and the Authority of written notice
thereof from Orlando.
IN WITNESS WHEREOF, the parties have caused these presents
to be executed by their duly authorized officers this /t~ day
of November, 1978.
\- .
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-16-
; 269 Il88
SOC'"
OFFICiA,
SEHII.jO, f
~ ';0'10
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SOUTH SEMINOLE AND NORTH ORANGE
WASTEWATER TRANSMISSION AUTHORITY
By:/~,.({.. <~J?...:
Attest:
~:J;'a 9 0~d"
CONSENT
The City of Orlando, Florida, hereby consents to the
foregoing Assignment this I~~ day of November, 1978.
CITY OF ORLANDO, FLORIDA
. . :..!. Ii (
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Payml!nt Period
Ending October 1
.t;
E-<
H
~
H
::c
X
~
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
.2000
2001
2002
2003
2004
2005
2006
2007
"
Total for Series
1955 and 1960(1)
$432,486
422,431
415,499
404,320
289,488'
281,988
299,019
290,581
306,675- .
297,300'
312,456
302,075
291,625'
305,700'
Service on Series
1972 Bonds
$496,625
505,000
522,375
533,625
646,250
650,250
624,000
627,500
605,625
608,375
590,625
597,250
597,750
577,750
879,500
862,500
849,375
830,125
312,625
CITY 0'1 OIU.ANDO, l'LORIDA
or AIlNUAL DEBT SERVICE IlEQUIBEMElITS
RlNEN11! BONDS 'l'AYAllLE nOlI SYSTEK REVENUES
Sewer Revenue Bonds Series 1978
l'rincips1 Interest Iuterest
Due A ril 1 Due April 1 Due October 1
120,000 .
130,000
145,000
155,000
170,000
180,000
200,000
215,000
230,000
260,000
290,000
330,000
875,000
1,245,000
1,325,000
1,400,000
1,485,000
1,575,000
1,675,000
1,775,000
1,880,000
1,990,000
2,110,000
2,240,000
- - - - - -Capitalized - -- - - - - -
- - - - - - ~apita1ized - - - - - - - -
. - - - - - Capitalized - . - -'. - - -
$383,189(2) $682,913 $1,066,102
682,913 682,913 1,365,826
682,913 682,913 1,365,826
682,913 679,613 1,362,526
679,613 675,875 1,355,488
675,875 671,525 1,347,400
671,525 666,875 1,338,400
666,875 661,775 1,328,650
661,775 656,375 1,318,150
656,375 650,375 1,306,750
650,375 643,925 1,294,300
643,925 637,025 1,280,950
637,025 629,225 1,266,250
629,225 620,525 1,249,750
620,525 610,625 1,231,150
610,625 584,375 1,195,000
584,375 545,469 1,129,844
545,469 504,063 1,049,532
504,063 460,313 964,376
460,313 413,906 874,219
413,906 364,688 778,594
364,688 312,344 677,032
312,344 256,875 569,219
256,875 198,125 455,000
198,125 135,938 334,063
135,938 70,000 205,938-
70,000 -0- 70,000
Total Annual
Debt Serviee
Combined Total
For Series
1972 ond 1978
$1,066,102
1,365,826
1,365,826
1,482,526
1,485,488
1,492,400
1,493,400
1,498,650
1,498,150
1,506,750
1,509,300
1,510,950
1,526,250
1,539,750
1,561,150
2,070,000
2,37.4,844
2,374,532
2,364,376
2,359,219
2,353,594
2,352,032
2,344,219
2,335,000
2,324,063
2,315,938
2,310,000
~
(1) Represents total debt service on the Series 1955 and 1960 Bonds which have s prior lien on the Cro.. Revenue. of the City's Sower System. The
debt service requirements for the Series 1969 Bonds are not included in the above table since .ufficient funds sre on deposit in an escrow account
to provide for the payment of principal and intereat on this issue and its prior redemption on April 1, 1982 (aee page 7 herein).
(2) Amount shown for intereat to be paid on April 1, 1981 is the net amount payable from Sever System Revenue. after deduction of the $299,724
capital1zed interest then rem.a1ning,
(3) Kax1aum future annual debt aervice requirement on the Seriea 1972 Bonds and the 1978 Bond. which rank on a parity with the 1972 Bonds.
(4) Combinad ux1a\lll future allllua1 debt san:!.ce raqulrament on &11 Saver llavellue Bonds psyab1e from Syatelll Revenues.
$ 496,625
505,000
522 ,375
1,599,727
2,012,076
2,016,076
2,106,526
2,112,988
2,098,025
2,101,775
2,089,275
2,095,400
2,104,500
2,087,050
2,390,450
2,388,750
2,389,125
2,391,275 (3)
2,382,625
2,374,844""
2,374,532'
2,364,376
2,359,219
2,353,594
2,352,032
2,344,219
2.335,000
2,324,063
2,315,938
2,310,000
Combined
Total
All Isau~s
$ 929,111
927,431
937,874
2,004,047
2,301,564
2,298,064
2,405,545(4)
2,403,569
2,404,700
2,399,075
2,401,731
2,397,475
2,396,125
2,392,750
2,390.450
2,388,750
2,389,125
2,391,275
2,382,625
2,374,844
2,374,532
2,364,376
2,359,219
2,353,594
2,352,032
2,344,219
2,335,000
2,324,063
2,315,938
2,310,000
EXHIBIT B TO ADDENDUM
DATED NOVEMBER , 1978, BETWEEN
THE CITY OF ORLANDO, FLORIDA AND
/269 190
i100~
.FFICiA, .:JOIlD
SEtoI'liOL: ;.~A.
FEE COMPONENTS
Agency and Orlando agree that rates for treatment and
transmission of Agency's sewage will be based on a reasonable
application of the fee components set forth below, with such
rates being set by the Orlando City Council, and in accordance
with a definitive agreement to be executed between the parties
prior to actual transmission of sewage to the regional facilities.
Orlando agrees to afford Agency the lowest rates for treatment
of Agency's sewage as Orlando makes available to any other user
of the same classification whose service area lies outside the
service area of Orlando~
(The United States Navy and the Greater
Orlando Aviation Authority, for example, would not be considered
a "user of the same classification.")
FEE COMPONENT 1 - IRON BRIDGE REGIONAL
TREATMENT PLANT OPERATION,
MAINTENANCE & OTHER
CRITERIA ~ ALL USERS
Basic rate will be arrived at by dividing anticipated
flows into anticipated Operation & Maintenance expenditures, plus
certain capital outlays and renewals and replacements, reduced by
revenue from other than provision of sewer service (such as the
sale of pelletized sludge). Should actual revenues exceed or be
less than actual expenditures, the surplus or deficit so realized,
as reflected in supplemental information contained in the City's
annual report of audit, with necessary additional detail to be
verified by the City's Director of Finance, and as adjusted to
maintain a reasonable fund balance, will be invoiced or credited
to the using entities in the next succeeding year. Such "reason-
able fund balance" shall not exceed two months' anticipated
requirements for operations and maintenance, based on the City's
budget for the fiscal year involved, and shall be utilized only
for expenses of operations and maintenance as and if required.
DEFINITIONS - ALL USERS
1. Anticipated Flows - Total flow in million gallons
projected by the City to be discharged to the Regional Treatment
269
I 9 I
60(j~
QFFICiA, F.~OflD
SEM,h " .. "LA.
Facilities during a l2-month period. The twelve month period
shall be the City fiscal year.
2. Operation & Maintenance Expenditures - Those
expenditures incurred in the operation and maintenance of the
treatment plant and appurtenant facilities including but not
limited to the following types of cost: Executive Salaries,
Salaries and Wages - Regular Employees, Salaries and Wages - Extra
Help, Overtime - Regular Employees, Employee Benefits, Insurance,
Traveling Expense-Training, Telephone and Telegraph, Postage, Auto
Allowance, Motor Transport Hire, Rents & Leases, Electric, Gas,
Water & Sanitation Charges, Subscriptions and Memberships, Repairs
and Maintenance, Advertising and Legal Notices, Professional Ser-
vices, Other Services, Cleaning and Janitorial Supplies, Elec-
trical, Hardware and Plumbing, Agricultural and Horticultural
Supplies, Medical Supplies, Recreation Supplies, Chemicals, Paint &
Lab Supplies, Fuel for Heating, Gasoline, Lubricants & Grease,
Tires and Parts for Equipment, Uniforms and Clothing, Other
materials and supplies and small tools. These operation and
maintenance expenditures will be maintained in a separate cost
center limited to those utilized directly in the operation,
management and maintenance of the regional facilities.
3. Anticipated Operation & Maintenance Expenditures -
Expenditures that are forecast by the City for a l2-month period
for which rates are to be set and shall be based on the City
fiscal year.
4. Certain Capital Outlays - The local share of funds
that are anticipated to be needed for the improvement, extension
or acquisition of equipment, facilities and other capital assets
necessary to maintain the design capacity and performance, or to
facilitiate operation of, or to convert or modify the treatment
process of the regional facilities.
The total amount to be
charged hereunder shall not, without Agency's prior consent in
-2-
i 2691192
BOC~
OFFICIA"o,j:lO
SEMlh01., LA.
any year exceed 7-1/2% of the operations and maintenance budget
for the treatment facility in sLCh year. The aggregate amount of
unexpended funds collected for the purposes and by the means
herein stated shall not at any time exceed $500,000 without
Agency's prior consent.
5. Renewal and Replacement Outlays - Funds that
reasonably are required under the terms of the Bonds, and as
provided in the City's budget, for renewal and replacement of
equipment and components which comprise or are used in connec-
-
tion with the treatment facility.
FEE COMPONENT 2 - TRANSPORTATION SYSTEM
(INTERCEPTORS, INCLUDING PUMPING
STATIONS, FORCE MAINS, GRAVITY
SEWERS) OPERATION & MAINTENANCE
CRITERIA - ALL USERS
An O&M charge for sewage that flows through any part
of the interceptor, from point where Crane Strand force main
discharges into the gravity sewer on Dean Road to the treatment
plant, will be levied at an initial rate of $lO.OO/million
gallons. This rate will be adjusted annually based on the actual
operation and maintenance cost expended on this interceptor dur-
ing the previous twelve month period, and the relative use by
flow of the various users. Due to this being a relatively short
section of pipe, O&M costs will not be projected in a separate
cost center budget. Operating and maintenance expenditures,
including labor, equipment and materials will be accumulated
under work orders as money is expended.
FEE COMPONENT 3 - ADMINISTRATION COSTS
NOT IN TREATMENT PLANT
O&M COST CENTER
Two types of administration costs will be recognized:
I. City of Orlando Sewer Utility Administrative
and Supervisory Personnel.
-]-
i 2691/93
BOCI\
GFFICIAI :.U:OIlD
SEMI/jOt:: 'Lt..
II. City of Orlando Personnel & Facilities not
included in sewer utility budget, but which provide general
support to the sewer utility and to other departments of the
City.
CRITERIA - ALL USERS
I. For Sewer Utility Administrative:
A. Administrative Personnel costs, including
direct compensation, fringe benefits and payroll taxes, and
materials and supplies will be accumulated in a separate COqt
center. The fee component per million gallons will be calculated
by taking the annual expense (A) under this cost center and mul-
tiplying it by the ratio of the total number of regional treatment
plant employees (B) to the total number of regular department
employees (C) and dividing this by the total annual flow in the
Regional Treatment Facility (0) in the previous fiscal year, !.~,
Administrative I = (A X (B/C)/Q. This method will provide for
the next year's rate to always be based on actual historic costs.
II. Other Administrative Costs:
A. will be 100% of Type I Administrative
charges.
Definition of Terms
1. Personnel Costs, Including Personal Services,
Materials, and Supplies - Are made up of those types of items as
identified under the definition of operation and maintenance ex-
penditures described under Fee Component 1.
2. Total Number of Regional Treatment Plant Employees -
will be the total number of approved positions that are allocated in
the separate cost center which is to be'established for the
Regional Treatment Facilities. The types of positions that will
be included in this budget center are identified on Page 9-14 of
"Volume I of the Facility Plan Orlando Easterly 201 Planning
Area. " (B in Equation I.)
-4-
i 269/794
BOO~ .:~~
eFFICIAi .,.ECOHO
SEMiNOLE .'C ILA.
3. Total Number of Regular Department Employees -
Total number of approved positions in the City of Orlando Waste
Water Department budget centers. Such personnel are employed
in the administration of the Waste Water Department, operation
and maintenance of treatment plants, operation and maintenance
of gravity and pressure sewers, and pumping stations.
4. Administrative Personnel - Employees who are
responsible for supervising and administrating the general
operations of the department. At present, these positions
would be listed as follows: Superintendent, Assistant Super-
intendent, Waste Treatment Plant Supervisor, Office Supervisor,
Secretaries, Radio Dispatchers, Payroll and other Clerks, Book-
keeper, and Engineering Technician.
FEE COMPONENT 4 - PAYMENT FOR USE OF EXISTING
FACILITIES (CRANE STRAND OUTFALL)
CRITERIA
This component would cover replacement cost of the 4.5
miles of 42" outfall pipe which will. become part of the Crane
Strand interceptor system. This outfall line has already been
paid for by the City of Orlando customers, but will be utilized
by others who may discharge into the Crane Strand system in the
future.
(Since Agency'ssewage will not flow through the Crane
Strand Interceptor, this component shall not be applicable to
it. )
FEE COMPONENT 5 - SPECIAL SERVICES SURCHARGE
CRITERIA - ALL USERS
The surcharge for emergency service is a contribution
by all users to defray the expense borne by Orlando to utilize
labor forces and equipment which is available from Orlando to
serve the regional facility in cases of emergency or need, but
is not included as the basis for payment of fees in any other
fee component. These forces basically consist of personnel and
equipment in the Lift Station Section (including mechanical and
-5-
i 269
1/95
BOef,
QFFICiA,
SEMiN('L~
, '.
-.c,;OIIO
~. rLA.
electrical repair and maintenance} and Collection Line Section
of the Wastewater Department as well as the heavy equipment in
the City of Orlando Street Maintenance Department which may be
utilized by the Wastewater Department.
The City will accumulate under work orders the actual,
billed cost of providing the personnel and equipment above
identified, as needed for the regional facility. These costs
shall be categorized as follows, and shall neither exceed the
rates which the City by policy from time to time charges other
City departments for similar services, nor the rates for such
services prevailing in'private industry in the Central Florida
area:
Labor: Actual wages, payroll taxes,
and fringe benefit costs.
Materials: Actual cost.
Equipment: Daily or hourly rental rates,
as applicable.
These costs shall be aggregated monthly, multiplied by 125%, and
that product shall be allocated and charged to all users in the
next succeeding calendar month on the basis of their respective
flows in such month.
FEE COMPONENT 6 - HIGH STRENGTH WASTE SURCHARGE
CRITERIA - ALL USERS
A. Surcharge for abnormal strength wastes. A surcharge
shall be imposed where the wastes from any customer contain an
abnormally high BOD or suspended solids concentration. The sur-
charge in dollars shall be computed by multiplying the average
mg/l of each constituent above three hundred (300) mg/l times the
metered sewage flo~ during the billing period in millions of
gallons times a treatment surcharge factor.
_h_
; 269 1196
BOO" ~
8FFlelA, ceOIlO
SE~UiD_~ ':":. [LA
B. The surcharge factor shall be derived annually
from the following formula (the factor of 600 being the maxi-
mum normal BOD plus suspended solids content expressed in
milligrams per liter):
Surcharge Factor ~ Cost of treatment per million gallons
600
C. The City will take samples at least once each month.
Should a sample show abnormal strength, the City will take 2
additional samples within the next succeeding 10 days. The
average of these 3 tests will-be used to determine whether a sur-
charge is due, and, if so, the amount thereof. The customer may
request additional samples, and the City will take such addi-
tional samples and include the results thereof in calculating the
average strength in the month in which taken, provided that the
cost of such additional samples shall be paid for by the customer
at the rate then prescribed in the City Code.
Definition of Terms
1. Surcharge - Amount of money added to the customer's
monthly bill to defray the additional expense that might be created
due to high strength waste discharge to the Regional Facilities in
the preceding month.
2. Customer - An entity, either private or public,
- which receives sewage service from the City of Orlando by virtue
of the customer being connected to City owned gravity collection
line or by virtue of being tied into City owned interceptors or
treatment facilities, or under direct contract to the City to
receive sewage treatment service.
3. BOD - Five day biochemical oxygen demand as deter-
mined in accordance with the testing procedure as defined in
Standard Methods, latest edition.
-7-
i2691197
800/\
.FFICIA, '~E';OHO
SEMi/W,..: ':) -LA.
4. Suspended Solids - Non-dissolved solids contained
in the sewage that can be removed by filtration through a gooch
crucible or laboratory filtration device as determined by the
testing procedure as set forth in Standard Methods, latest
edition.
5. Each Constituent - Defined as either BOD or Suspended
Solids as far as waste strength is concerned.
6. Cost of Treatment Per Million Gallons - The annual
operational cost of the Regional WPC Facility as defined under Fee
Component 1 (O&M), including costs based on the calculations de-
scribed under Fee Component 3, in the preceding fiscal year,
divided by the total flow to the Facility in such year, expressed
in millions of gallons.
FEE COMPONENT 7 - HYDRAULIC PEAKING
FACTOR SURCHARGE'
CRITERIA - ALL USERS
A. For each day that an entity discharges sewage to
the Regional Plant for a consecutive four-hour period at a flow
rate in excess of 200% of the ADPF, up to 250% of the ADPF, the
entity will pay a 1% surcharge on its monthly charge for all
fee components except Fee Component 8 - Industrial Cost Recovery.
For each 5% or fraction thereof in excess of 250% for a consecu-
tive four-hour period that the flow exceeds the average daily
peak flow, the entity will be billed ane>d:ra 1% on its monthly
service charge.
Definitions
1. Average Daily Peak Flow (ADPF) - The total flow
during the four consecutive months of greatest flow during the
twelve month period ending September 30, divided by the total
number of days in such 4-month period. Average Daily Peak Flow
in such 4-month period will be based on the entity's previous
record until the entity shall have been connected to the Regional
plant for a 12-month period ending September 30.
-8-
/2691/98
BOO~
'FFle/t, ;'ECOIIO
SEM,NO '. rLA,
2. Entity - A customer who is contracted with the
City of Orlando to discharge sewage to Regional Treatment Faci-
lities that are operated by the City of Orlando.
3. Regional Plant - Refers to those water pollution
control facilities that are to be constructed at the Iron Bridge
site by the City of Orlando.
FEE COMPONENT 8 - INDUSTRIAL COST RECOVERY
CRITERIA - ALL USERS
This component will be structured as required by current
EPA Regulations.
*
*
*
*
*
SAMPLE CALCULATIONS
The following sample calculations are intended to be
explanatory of the methodology of certain of the above fee com-
ponents. No representation is made that the numbers used are or
will be representative; they are used for purposes of illustration
only.
Sample Calculation - Fee Component 1:
1. Rate Determination for First Year of Plant Operation.
A. O&M
B. Other - R&R
C. Other - Capital-0utlay-
Improvements
D. Sale of Pelletized Sludge
E. Hydraulic Surcharge
F. High Strength Waste
Surcharge
ANTICIPATED
EXPENSE REVENUE
(IN THOUSANDS
1,900,
-0-
ACTUAL
EXPENSE REVENUE
OF DOLLARS)
1718 1775
43,
-0-
55,
100,
140,
3,
~
1816 1922
SURPLUS - $106,OOC
(To restricted
account in O&M Fl
TOTAL
ANTICIPATED FLOW -
BASE RATE CALCULATION -
FIRST YEAR
($1,900,-$100,)/4.380 M.G.
or 4lt/lOOO Gallons)
1,900, 100,
12 MGD or 4380 M.G.
$4l0.96/M.G.
-9-
2691/99
iOO~ . '."
,FFICIA, ;,:i:COIl0
SE14INOI.: c~. r~A.
2. Second Year Rate Determination.
ANTICIPATED ACTUAL
EXPENSE REVENUE EXPENSE REVENUE
(IN THOUSANDS OF DOLLARS)
A.
B.
c.
O&M
Other - R&R
Other - Capital-Outlay-
Improvements
Sale of Pelletized Sludge
Hydraulic Surcharge
High Strength Waste
Surcharge
2062.5
15,
10,
D.
E.
F.
150,
TOTAL 2087.5 150,
ANTICIPATED FLOW - 4500 M.G.
RATE = (2087.5-150)/4.5= $430.56/M.G.
. Assume: (1) That Orlando elects to retain a working fund balance
of $90,000 in the second year, leaving an available balance of $l6,00r
(2) that Orlando contributed 65% of the first year's flows; and (3)
that entity X contributed 35% of the first year's flows. Orlando and
entity X would receive credits of $10,400, and a $5~600, respectively
in the second year, against the next ensuing monthly invoices.
Sample Calculation - Fee Component 3:
I. For Sewer Utility Administrative and Supervisory:
A - Annual Expense -
B - Total Number of Regional Plant
Employees -
C - Total Number of Waste Water
Department Employees -
Q - Flow in Plant (or est.) for Year -
$200,000
42
150
4000 M.G.
Rate
= (200,000 X
(
42) ~ 4000 = 1.4~/1000 Gallons
150)
II. Other Administrative Costs: 100% of Type I, or 1.4 cents/
1000 gallons.
Sample Calculation - Fee Component 6:
A. Cost of Treatment (Actual Annual/O&M Expenditures -
calculations, Fee Component No.1) = $1,718,000
B. Administrative Costs (Refer to Fee Component
No.3) I - Sewer Utility
200,000 X (42,150) =
II - Other City (100% of Type I)
TOTAL:
56,000
56,000
$1,830,000
-10-
C. Total Flow in M.G.
Surcha~gc Pactor = (1,830,000/4190)/600 =
i 269
llCO~
'FFlC;,A
SE"I~O:
4190
. 7 3
ItjDO
'.:;0110
.' ./1
Surcharge to be calculated monthly based on
routine testing: Example;
Sample No. BOD (Mg/L. ) S.S. (Mg/L. )
1 330 240
2 302 210
3 290 210
TOTAL 922 660
A WRAGE 307 220
Flow for month 30 M.G.
BOD BASIS = 307-300 = 7 _
S.S. BASIS = 220 (less than 300, therefore not considered)
Surcharge = 30 X 7 X .73 = $153.30
If the average suspended solids content for the three samples
had been 320, the surcharge would be calculated:
BOD BASIS 307-300 - 7
S.S. BASIS 320-300 20
TOTAL 27
Surcharge = 30 X 27 X .73 $591. 30
Sample Calculation - Fee Component 7:
ASSUME: The entity, the South Seminole and North Orange
County Waste Water Transmission Authority, has the following discharg
to the Regional Plant:
Total flow during 4 highest, consecutive months
during the base 12 month period -
No. of days in 4-month period -
ADPF = 512.4/122
512.4 M.G.
122
4.2 MGD
If the Autfiority discharged, on one occasion, 9.2 MGD for
a 4-hour period, the total monthly service charge for that month woul
be increased 1% (9.2 / 4.2 or 220%). Assuming the total monthly char
was at a rate of $0.82/1000 gallons (total fee components 1-6), then
the bill would be calculated as follows if the total flow during the
month in question was 145 M.G.:
Basic Invoice
Surcharge:
145 X $820 = $118,900
118,900 X .01 = $1,189
If the Authority had discharged a flow rate of 9.2 MGD for
one, 4-hour period, and 10.9 for one, four -hour period, the surchar~
would be as follows:
Occasion 1 - 9.2 ~ 4.2 = 220% (1% surcharge for being greater
than 200%)
Occasion 2 - 10.9 ~ 4.2 = 260% (1% for being. greater than 200%, anc
1% for each 5% greater than 250% fc
a total of 3% surcharge)
Therefore, for both occasions, a 4% surcharge would be levied, ~.~.,
.04 X $118,900 = $4,756.
*
*
*
*
*
-11-
AUTHORIZATION AND DIRECTION TO INVEST
NATIONS FUND & NATIONS INSTITUTIONAL RESERVES FUND
,,/
CCOUNT NAME:
,/
Winter Springs Impr Rev 89 Resv
GREEMENT (Description):
Bond 'Resolution
_CCOUNT NUMBER: 460292
UND CHOICE: Nations Treasury Fund Class B
-hese instructions supersede any previous instructions which pertain to the investment of cash in the above-referenced account ("Account").
DIRECTION
he Bank of New York (the "Bank") is hereby authorized and directed to invest any available cash in the Account in shares of the above
eferenced fund (the "Fund") and to redeem shares of the Fund to meet the cash requirements of the Account. The undersigned may, from
ime to time, direct the Bank in writing to redeem and exchange shares of the Fund for shares of or to invest available cash or the proceeds
rom- any redemption in, another eligible investment and the Bank shall comply with such direction. The undersigned represents and
varrants to the Bank that it is authorized and empowered to direct the Bank to make the investment specified herein and that the investment
uthorized herein is an eligible investment.
'ROSPECTUS: The undersigned has read the Prospectus of the Fund and has independently made the determination to direct the Bank to
nvest available cash in the Account in shares of the Fund. The undersigned understands that the Fund is not an obligation of, or
ecommended, endorsed or guaranteed in any way by, the Bank, its affiliates or any other bank; that the Fund is not insured by any agency or
nstrumentality of the United States, such as the Federal Deposit Insurance Corporation; and that investments in the Fund may be subject to
nvestment risks, including possible loss of the principal amount invested. The undersigned further understands that neither Bank nor its
~ffiliates has participated in the preparation of the Prospectus or is responsible for its content.
pERIODIC STATEMENTS: The undersigned agrees that transactions in the Fund will be reported only in the Bank's regular periodic
3ccounting.
VOTING SHARES: The undersigned assumes the obligation and retains the right to vote all shares of the Fund held by the Bank for the
benefit of the Account.
SHAREHOLDER SERVICES FEES: The undersigned acknowledges that the Fund is authorized to make payments from its management
fee or any other source available to parties such as banks or broker-dealers ("Service Organizations") that provide shareholder support
services to the Fund and that Service Organizations currently are compensated at a rate of up to the Maximum Rate of .25% annually of the
average net assets of each Fund with respect to which they provide or have provided shareholder support services. The undersigned further
acknowledges that the Bank is a Service Organization and is paid, and hereby consents to such payment, by the Fund up to the Maximum
Rate annually of the average daily balance of the Account invested in the Fund for shareholder support services rendered to the Fund by the
Bank, which services may include, without limitation, answering clients inquiries regarding the Fund, assistance to clients in changing
dividend options, account designations and addresses, processing purchase and redemption transactions, providing periodic statements
showing a client's account balance and the integration of such statement with other transactions, arranging for bank wires, and providing
such other information and services as the Fund's distributor or the undersigned reasonably may request. The undersigned further
acknowledges that such services may be the same as or similar to services provided by the Bank for which a fee may be separately charged
under the Agreement. The undersigned further acknowledges that the Fund may purchase securities from or through the Bank or its
affiliates, may engage in repurchase transactions with Bank or its affiliates, may place funds on deposit in accounts with the Bank or its
affiliates and receive interest income thereon and may obtain other services from the Bank for which the Bank is paid a fee.
This Authorization and Direction to Invest is executed, acknowledged and consented to at Winter Spr; DE: .Fl;:J on') / R /qfi
Signature: /~;C( ~.:=
Name: Ronald W. McLemore
City
State
Date
"
"
Title: City Manager
AlTTINVST.DOC 4196