Loading...
HomeMy WebLinkAboutCity of Orlando- Addendum to Intergovernmental Agreement 1978 J /2691772 BOO~ ; t~ OFFICIAl "EC\.iIlO SEMINOLE"). flA. 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 &4 1. 6) /:'C~I JI1/-7 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; 1lllO/7R j 2691773 BOO~ ' - OffiCIAl r'::~OIlO SEMII/CLE ",J FLA, NOW, THEREFORE, in consideration of t~e mutual cove- nants hereinafter recited, the parties hereby agree as follows: lxxXX~DPCJeJOO{xtXK;mI!~xtmxxXXXKxx~)&}{~ f' OOIlillaa:moo:lx~JeX~~~~X\'(;oot~~xi)iXxk~ J in 1981 ~ 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, -2- 1l/lD/7R 1269"/74 BOC~ OFFICIAl :'.:::~OIlD SEMiNCi.E :; FL/.. 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 -3- llJlf1/,,^ i 269 /7"J BOO~ .',rl'D OFFICIA' v \ SEM,NC:~ :j fit. 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) . -4- 11/10/78 ; 269 Il76 soo" eFFlelAIE ;0iW SEMIIHi,f '.';. fLt (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 -5- 1l/ln/7o 12691177 aOCf> QFFICIA. r~E ~ORD SE~IHO_r- "C fLA. 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 -6- 269 /78 Fund Reserve Account. BOO'- 8FFICiA t .;OtlD 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 -7- i 269 1't7'j BOO/. OFFICiA; .C:~(j;lD SEMiNOcl, .,,] I LA. 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. -8- i 269 If80 BOO~ iFFICIA, i:Ei~CillD SEMI'hi ._" :.(; F1.iI 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). -9- '1/'ftl__ ; 2691181 8001\ , '0: OFFICiA, ~~COIlD SEMINGc( I,:() FLA. (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 -10- i 2691/8'2. BOC~ 8fFIW.. "c::OHO SEM, ~,_, _~ .G t LA. 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% -11- ; 269 1/83 800~ OFFICIA, SE"uo . .; ,[I. C ,10 :.; ILA 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. -12- j 269 1784 soo~ ,_ 'FFIGIA, "E:.ono SE"'.NIJ.' :'; fLA, 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 -13- 269 I 8 b BOO~ QFFIC,A, ,~'lO 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 -14- " I, ^ J__ 12691186 soo~ J OfFICIAl ,ECOilO SEI4INO~E -;1 f LA. 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 t ,. . '., "'- ( ~ :..........." <. ... .... ,-,. .' '. h;1:~;~: ',' . '. '. ~. _ T''ttf . ".. \ . e,.) :? ~ :1, ," . BY'~~?:" #1 Ma . ell Att~~.I..............1 ,. t"'" .,' , /. ~ ~. "'0 ~~/ ~ /Z'-1~ c; '00 <J' .b :;,0 <9 '!J'" ,. ~ /'ij, ...... '" .r I; ~ '" <::::::::-_,,-,:--B y: - ---- ----- tt..l h ~) .~A~1C' )./ '/ SOUTH SEMINOLE AND NORTH ORANGE WASTEWATER TRANSMISSION AUTHORITY "'I..... By:,ffi--u. /! .~.<-.' Attest: Yl. - '~19 CJJIyr-"/ -15- 11/10/78 i 2691/87 BOO~ i : OFfiCiAl ECOIID SEHI"IOI ;~~~I. ;I.A. 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. \- . . ....''- .......... 1:,,/ .,' ~ ..... ..... / i ~ ..' "" <,) f ~........ 0 ":. .. .... :~: (0 .. ... :... ~"'- : ::: ~ttest:o - ~ :.. tD .tI'.;f'~ .~. ~ ""} ". Q~ .' Co .... <"......'1,;, "'_~'.. 7-:' -"<. ~'if't~i~~.<-.>,M~ . '........... ...,.' ... 4 .7" J ':"'60 ~ . P/ #'. .".., ~11~~~;-~ ( -16- ; 269 Il88 SOC'" OFFICiA, SEHII.jO, f ~ ';0'10 :.i'. 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 ( <.,\..;......... ~A1!test: .... ..:.):. .. ,)... .....1 1-: . -: : - (.J '.;.;, ~ ~ . '...... . . ~... "-, (t'.. ...., ......".I,.pj.n ;;~ <;', "'" By,~~7o(~~ yor -17- '7> 00 :- 0') <.0 N -' '=' 2 .;(% -... ",0." oi;: 0... -. <:> ::: .":.... ':l!~ :'1 .CO 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