HomeMy WebLinkAboutSouth Seminole and North Orange Wastewater Interlocal 1981
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INl'ERI..OCAL AGRE:EMn1I'
nade and entered as of thele<T4y
TI:IIS INl'ERLCCAL AGRmIENI',
of Q (/J-r:;,-i Of / , 1981, by and between the soum SEMINOLE AND mRIH ORAKGE
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COlNlY WASI'&'lATER TRANSMISSION AUI'l-DRITY, a p:>li tical slll:rli vision of the State
of Florida, hereinafter referred to as the "Authority," and ':tHE CI'lY OF WINI'ER
SPRIN3S, a political slll:rlivisioo of the State of Florida, hereinafter referr~
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to as the ''Custaner.'' ~ 0)
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W:iEREAS, orlando and the "Customers" hereinafter named hav@, b
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several years, cooperated with each other and with state and federal agEmctMl
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in the plannin] and development of a regional Wastewater treatment and disposal
facility in accordance with Public Law 92-500 (hereinafter defined as too
"Facility"); and
WIEREAS, in order to evidence their respecti va understandings, they
have, fran time to time, executed interlocal agreements and addenda thereto
(hereinafter referred to as "interlocal agreements") outlining (oot necessarily
often in general language) their respective rights, covenants and obligaticns
with respect theretor and
\'HEREAS, the Authori ty was created by OIapter 78-617, Laws of
Florida, Special Acts of 1978, to fl:.ction as the agency through which the
~stewater generated within the Authority's legislated boundaries will be
transmitted to the Facilityr and
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N-IEREAS, orlando has un:lertaken and is in the process of construct-
. in] the Facility, and, to that end, has issued and sold its TWENIY--'lW> MIILION
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!II AND m/loo IXLIARS ($22,000,000.00) City of Orlando, Florida, Sewer Revenue
~ Bonds, Series 1978; and
!I 'VHEREAS, it is necessary for the Authority to issue and sell its
I Authority B:mds in order to finance the oonstructioo of Wastewater transmissioo
facHi ties hereinafter defined as the "System" for the transportation of
wastewater fran the Custaners to the Facility; and
NiEREAS, the Authority anticipates receiving at least ELEVEN MIILION
FIVE HUNDRED 'lHOUSl\ND AND 00/100 OOLIARS ($11,500,000) fran the United States
Environmental Protection Agency to finance, in conjunction with the issuance by
the Authority of its Bonds, the aoquisitial and oonstruc::tial of the System; and
l'fIEREAS, it is rOl in the interest of all parties to clarify and
specify in greater detail the lIlutual and respective rights, privileges, and
obligatia1S of the parities with respect to the utilization of the System and
the pa:yment therefor r and
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WHEREAS, a new interlocaJ agreement hi:l~ L'Cen or, before thi~
Agreement becames effective, will be executed between the Authority and orlando
and uniform agreements shall be entered into between the Authority and each of
and between the Authority and each of its private
its governmental Custaners
utility Customers.
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"Act" or
set forth on the part of both parties to be kept and
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"Enabling Act" means Chapter 78-617, Laws of Florida,.".,
DEFINITIONS.
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promises hereinafter
performed, the parties do mutually agree as follO'ls:
SEm'ION 1.
As used in this Contract:
Special Acts of 1978, and subsequent amendments, if any, to the extent not
inconsistent with obligations of contract allOng the parties.
"Authority" means the SOUth seminole aoo North orange County
W;!stewater Transmission Authori ty created by the Act.
"Agreement" means this inter10cal agreement and any amendments or
supplements thereto.
"Authori ty Donds" means bonds iRsued or to be issued by the
Authority to finance the construction of the System.
"Board" shall mean the members of the governing body of the Salth
Seminole and North orange County Wastewater Transmission Authority appointed to
represent each governmental entity encanpassed by the Act.
"Bond Resolution" means the Resolution of the Authority authorizing
its $8,000,000 Sewer Revenue Bct1ds, Series 1981, a copy of which is hereto
attached and incorporated as EXhibit D.
"COII1lIitted FIO'l" means the average daily flow, expressed in millions
of gallons per day (foIPD) which Orlando agrees will be available at the
Facili ty, subsequent to the completion. thereof and throughout the term of this
Agreement and the agreement between the CUstaner and Orlando for treatment of
sewage collected wi thin the custaner I s retail sewer service area.
"Customer" means any governmental entity or private utility within
the legislated service area of the Authority which delivers wastewater to the
facilities of the Authority for transmission, including, but not limited to,
the City of Casselberry, the City of Winter Park, the City of Maitland,
Seminole County, General Water\\OI'ks Corporaticn and the City of Winter Springs.
"EPA" means the United States Environmental Protection Agency.
"Facility"
means the wastewater treatment and disposal facility
located at a site known as Iron Bridge in Seminole County, Florida, to be
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completed in substantial compliance with the plans and specifications therefor
by the .onnineers for orlando and now on file in the offices of
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Orlando.
plan, orlando Easterly 201 Planning Area", dated July, 1977, EPA Project No.
120399022 as appended and amended fran time to time and approved by BFA.
"Facility Plan" means that docunent identified as "the facility
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custaner, other than ad valorem tax receipts,
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"Nen-Ad Valorem Revenues" means all revenues and receipts of ~ ...
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which are legally available ~
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the CUstaner, and are otherwise unencumbered, for use by the CUstaner !fn....
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"M3D" means million gallons per day.
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satisfying the obligations of this Agreement.
"orlando" means the City of Orlaroo, a municipal corporation
created and existing under the laws of the State of Florida.
"orlaroo Bonds" means all or any part outstanding of TWENlY-'IID
MILLIOll AND ro/lOO DCLI.ARS ($22,000,000) City of orlando, Florida, Sewer
Revenue Bonds, Series 1978.
"System" means the system of gravity and force mains and lift
stations shown on pages VIII 1>-47 through 60 of Volume III, Technical Appendix
of the Facility Plan, as the same may have been amended pursuant to Section
6(14) of Chapter 78-617, Laws of Florida, as of the effective date of execution
hereof.
"wastewater" means sewage or effluent of any nature or originating
fran any source, including residential wastes or industrial wastes resulting
from any processes or industry, manufacture, trade, or business, or from the
developnent of any natural resources.
SEX:TI0ll 2. The Authority agrees:
(1) It will rot sell any Authority Balds to finance the
calStructioo of the System prior to receipt of a COII'GIIi tment for a grant of at
least ELE.VEN MIILIOO FIVE HUNDRED '!HOUSAND AND m/100 IXLIARS ($11,500,000.00)
fran EPA to be used in ccnstruction of the System, and receipt of bids for such
calStruction.
(2) To calstruct the System in substantial accordance with the
plans and specifications prepared by the engineers of the Authority and on file
in its offices at Casselberry, Florida, as soon as practicable.
It is
cootemplated that the System will be ccmpleted within three (3) years of the
date of the Agreement.
(3) To c:perate and maintain the SyStem in accordance with
applicable law and lawful rules of all regulatory agencies having
jursidiction. The Authority will provide for the opeI'atioo and maintenance of
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the System
in such manner as to comply with the terms of section 6, Subsection
ll(C), of the Act, which provides that the Authority shall contract the
cperation and maintenance of its System to one or more of the represented
participatin:;J governmental entities or to a private contractor.
The Authority shall establish a policy of contracting with the
represented sponsoring governments within their respective service areasCllto:::;
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avoid duplication of cperating and maintenance personnel, eqlllpment fID4I'"
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facilities so that maximum use of existing systems shall be made and requ~ed
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establish a policy of contracting with private contractors purslJCll1t tqp
services are made available at the 1aNest possible cost.
adVertised competitive bidding procedures unless a majority of all of the
members of the Board shall elect to waive bidding procedures for a particular
contract and to obtain the professional or technical services required pursuant
to carpetitive negotiation procedures substantially in accordance with Section
287.055, l"lorida Statutes, and any amendments thereto.
(4) To receive fran the Custcmer, subject to Section 6 hereof,
\\tLstewatcr on a metered bull<: delivered basis at one (1) or more lift stations,
as identified in Exhibit A attadled hereto and ioc:orporated herein, and agrees
to transport said wastewater through its System to the point of camection with
the Ci ty of Orlando gravity interceptor manhole located on Dean Road near the
Oran:;je-Semino1e County line in conformity with law and the rules of all
regulatory authorities having jurisdiction.
(5) To develop plans to provide Wastewater transmission service to
present and future population centers within the Autrority's boundaries in a
timely manner and to coordinate its plannin:;J and programs with those of the
appropriate municipal, county, state, and federal agencies.
Before the
Authority's System shall be exparded beya1d the scope of facilities defined as
the "northerly interceptor system", in the Facility Plan, the Facility Plan
shall be amended to include the prcpa;ed expansion in accordance wi th
applicable federal and state laws and regulations. The amended Facility Plan
shall be approved ~ the Authority, and said approval shall require the
affirmative vote of a minimum of three (3) members of the Board. The local
share of the costs of said expansioos of the System shall be paid by the entity
or entities to be served by the expansion, unless the Board unanilOClUsly
approves allocating said costs uniformly to all CUstaners of the Authority's
System.
The obligation of the Authority to receive such Wastewater fran the
CUstaner for transmission as aforesaid shall canmence upon oaxp1etion of the
Facility and the System. Failure to canp1ete construction of the System by the
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date construction of the Facili ty is completed will not cause either party to
be in violation of the Agreement if, notwithstanding diligent efforts by the
Authority to do so, it has been prevented by circumstances beyond
fran canpletin;J the work herein contellplated by the date specified.
(6) To install, calibrate and read meters and other devices to
its
control
provide data necessary in the determination of the flow of wastewater and the
calculation of charges due from the Custaner for the transportation, t~eatm&Pt.....
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and disposal of wastewater and, on or before the fifth (5th) day of e~""
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calendar month, report the figures of the actual flows of each of the CUst~s C)
for the precedin;J 1'I01th to orlando and to all of the Customers. ? ~
The Authori ty shall check the accuracy of each metering instal1ation~
at least once every three (3) months or such other times as shall be requested
by Orlando or the Custaner. If found to be in error from true accuracy, the
meter shall be recalibrated ilIll\ediately in the presence of a representati vc of
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orlando or the Customer (as the case may be) by the Authority. If an error of
more that 2 percent (2%) is verified, the bills for ene-half (1/2) of the
pcrioc'l since the previous looter accuracy check shall be oojustc'(] at current
rates to reflect the volume of over read or underread exceeding two percent
(2%). If the requested accuracy test is more frequent that the 3-\TOl'1th test
and the accuracy is found to be within the limits of two percent (2%), the
party requesting the test shall pay the cost of said test.
(7) To prepare, approve, adopt, execute and, if necessary, amend an
annual budget for the Authority for each fiscal year the Authority is in
existence. The budget system shall be established in accordance with the Bond
Resolution, shall control the finances of the Authority, shall conform with the
requirements of law and this Agreement and shall be governed by sound financial
practices and generally accepted aCCOlUlting principles. The budget shall be
balanced so that the total of the estimated receipts, including balances
brought forward, shall equal the total of the appropriations and reserves. To
the extent applicable, the budget shall conform to the Uniform Classificaticn
of Accounts referred to in Chapter 129, Florida Statutes.
SErl'ION 3. The Customer agrees:
(1) Beginnin:J when the CUstaner receives its notice fran the
Authority accatpanied by formal certification from the consulting engineer
dlarged with construction management and approval that the System is ready and
able to receive Wastewater fran Custaner, to deliver up to its COIIlIl\i tted FICM
of Wastewater to the System in accordance with the Facility Plan.
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(2) To make payments lfOTlthly to the Authority for transportation
service by the Authority. Authority charges are made up of five (5) conponents
as approved by EPA identified as follows:
Fee CompOnent 1:
Fee Component 2:
System operation and maintenance costs.
System administrative costs not included in Component #1
above.
Fee CatpOnerlt 3:
Debt service requirements relating to Authority bonds. ..
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b. annual principal costs. r- ~
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coverage factor of .25 of annual interest p c:;:)
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and principal costs. e')
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Fee CanpOnent 4:
other payments n~ssary to meet covenants maae to secure
holders of Authority Bonds, to-wit:
a. Reserve Account.
b. Renewal and Replacement Fund.
Fee CompOnent 5:
Hydraulic Peaking Factor surcharge, if any.
F..ilch of the foregoing canponents is more specifically definoo and stated with
respect to its method of computation and payment in Exhibit B attached hereto
arxl initialed by each party executing or endorsiD3 this Agreement. The monthly
payment of Authority charges shall be made as follows:
a. CoIm1enCiD3 on OctOOer 15, 1982, Customer shall pay Authority
charges made up of Fee Component 3 and Fee Coap:>nent 4 as more fully
described in Exhibit B hereto attached:
b. Custaner shall pay Authority :::harges made q> of Fee C<::IlJlOOOOt 1:
Fee Compcnent 2: and Fee Conq:x:lnent 5, as more fully described in
Exhibit B hereto attached, canmencilXJ on the fifteenth (15th) day of
the calendar JDalth followirg the xoonth in which first occurs either:
( i) Receipt by Custaner of notice as provided
in Section 3(1); or
( ii) Receipt by Custaner of notice fran the
Authori ty that available funds budgeted to pay
Fee COJrponents 1, 2 and 5 until construction
of the System is canpleted and fully cpera-
donal, have been exhausted.
(3) Financial review and analysis of the operating costs of the
Authority will be made annually, the first beilXJ the regular annual audit after
the Authori ty begins operation of the System and connected lift stations.
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Based on such analysis, the monthly charge per gallon for each component of the
shall be adjusted prospectively
monthly charge execpt Fee Canponents 3 and 4
upward or do.mward as determined by the Board in accordance with the manner
provided in Exhibit B for the caning wdget year.
The Authority shall invoice the Authori ty charges outlined in
this Section 3 on or before the fifth (5th) day of each calendar month and the ~
Custaner shall pay such invoices on or before the fifteenth (15th) day of ~~
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Regardless of whether the actual flow of wastewater deliv~~
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by the Custaner to the Authority in any DOnth shall be less than the Camni!tt~
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Flew which the Custcmer has agreed to deliver to the Authority, the Customer.
month.
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shall pay the Authority charges COllputed as provided in Exhibit B, based upon
its Conanitted Flow.
It is anticipated that payment of Fee Components 3 and 4 may
result in accumulation of a surplus after all requirements of the Bolld
Resolution have been met. On the twentieth (20th) day of each month but only
after all requirements of Section 15 of the Bolld Resolution ilre fully satisfied
and there remains a surplus in the Revenue Fund, then thilt surplus shall be
refunded by the Authority to its Customers in the same prqx>rtion as each
Custaner 's proportional share of the total payment for Fee Canponent 3.
(4) To maintain its sewage collection system, force mains, and lift
statials in such manner as to canply with county, state and federal regulatory
agency requirements germane to general cperations and infiltration inflc:w.
(5) To require pretreatment of irrlustrial wastes when such wastes
are not amenable to treatment with normal domestic sewage or are otherwise
illCOlIpiitible with the Facility's treatment cperation and to refuse to accept
industrial wastes when not Sufficiently pretreated to starrlards as required by
PI.. 95-217 and the general pretreatment regulations (40 CFR 403).
(6) To direct a surveillance and enforcement program to insure
canpliance by its irrlustrial customers. The surveillance and enforcement
program will provide mnthly reports of wastewater streD:Jth to the Authority as
may be required by federal law and regulatialS.
(7) To provide operatial and maintenance of each of the lift
stations as identified in Exhibit A. Major repairs or replacement costs of CNE
'!HOUSAND FIVE HUNDRED AND ro/lOO DCLI.ARS ($1,500.00) or rore to any one of the
System's lift statialS shall be contracted by the Authority at its expense. If
such repairs or replaoements are made necessary as a result of a Custaner's
negligence or inadequate cperation and maintenance as determined by an expert
consulting professialal engineer retained by the Autl'x>rity in ac:.'CX)l'dance with
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standard operatin:J procErlures prevailing in the industry, then the Customer
shall pay for such additional costs necessitated thereby, or payment of such
addi tional costs by the AI1IHORl'IY shall be subject to unanimous afProval of the
Authori ty.
The Authority will be responsible for the operation and maintenance
service to two (2) or IfOre entities in such
of any lift station which provides
manner as to canply with the terms of Section 6, Subsection ll(b) of; the Act.
The lift statiO'1S which are pumping wastewater from two (2) or more entities,_
and which are subject to the provisions of this Secticn, are identified ~n::
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sa:TICN 4. The Customer further covenants and agrees: P c::)
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(1) Pursuant to Section 9 of the Act, to develop and establidh aco
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user Charge System, as required and approved by EPA, charge and collect. from
all users of its collection system User Charges and other charges sufficient at
Exhibit C attached hereto and incorporated herein.
all times to pay:
(a) the cost of operaticn and maintenance of its wastewater
collection system:
(b) the debt service requirements, if any, of all its
outstanding l:lc:n:Is secured by a pledge of revenues of its wastewater collection
system: and
(c) all sums becaning due to the Authority pursuant to this
Agreement.
(2) To budget, appropriate, and pay to the Authority fran such fees
and User Charges, and, only to the extent absolutely necessary (when all of the
Custaner I s funds derived fran such User Charge System as described above shall
have been exhausted) from other legally available Noo-Ad Valorem Revenues of
the Custaner, all sums from time to time becoming due under this Agreement
before the same becx:llles delinquent. Such covenant and agreement shall not be
construed to give the Authority a prior claim on the Customer' s Non-Ad Valorem
Revenues, nor shall it be coostruec1 so as to give the Authority or its
Bondholders the power to require the Custaner to levy and collect any Non-Ad
Valorem Revenues other than those generated by the User Charge System referred
to in SUbsection 1 immediately above. Accordingly, such covenant and agreement
shall not be construed to create a lien 00 or pledge of any of the Custaner I s
such other Non-Ad Valorem Revenues. nor be construed to prevent or preclude
Customer from hereafter issuing obligations payable from and secured by a prior
lien upon and pledge of any portion of any of such legally available Non-Ad
Valorem Revenues.
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SECl'ION 5. The parties hereto mutually agree:
(1) That Orlarrlo has or will reserve, for the use of itself and the
the pcoctions of the capacity of the Facility stated in the following
Table:
PEOCENl'AGE OF
c::G1MITl'ED CCMoUTl'ED
CCM1ITl'ED FJ\CILI'lY SYSI'EM
cuSTCMER FU:Nl CliJ?J\CI'lY CM'J\CI'lY
Casselberry 2.813 MiD 12.643% 30.005%
2.762 12.413% 29.461~ ..... Ul
winter Parle Cl
1.1 4.944% 11. 733~ en ~~
Maitland 2.247% 5 . 333~ 4P ....
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Seminole County 0 0 o r j.
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2.2 9.888% 23 .468~ ,..,
General waterworles Corp. ."
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9.375 MiD 42.135% c::;:) ."
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OF AUl'HORI'lY
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orlando 12.5 MiD 56.180%
orange County .375 1.685%
Reserve for Future Alloca-
tion by Seminole County 1.75 MiD --
TOI'AL 24.000 MiD 100.000% 100.00%
Changes or adjustments of the COIranitted FlOfls allotted to the named
entities, or allocations to new CUstomers shall be made pursuant to interlocal
agreements or oorpcocate agreements, pre-existing or hereafter made
substantially in the form of this Agreement: provided, however, Seminole County
will advise the. Authority of an allocation of the above "Reserve for Future
Allocation by Seminole County" to insure adequate protection for the Authority
Bonds, in the event that any Customer is assigned by Seminole County any part
of the 1.75 M3D reserved by Seminole County pursuant to its Agreement with the
City of orlando. When all or any part of the 1. 75 KiD, "Reserve for Future
Allocation by Semirole County", is allocated for use by any Custaner through
the System, the aJOO\mt so allocated shall bea::me Carani. tted F10fl of that
Custaner and the Authori ty shall then recalculate all Custaners' percentages of
eanmitted System Capacity so that the Custaner receiviI'XJ such allocaticn pays
its propcoctionate share of Authority charges oorrespondiIXJ to its total
Conunitted Flow. The Authority shall notify its Custaners of such recalculation
by providiI'XJ to each Custaner an amendment to the table contained in Section
5(1) hereof, shcwiI'XJ the effects of such recalculation.
Whenever all or any part of the 1. 75 MiD "Reserve For Future
Allocaticn By semirole County" shall be temporarily assigned by Semirole County
for the use of any Custaner, then such "Reserve" Capacity shall be included as
part of the Ccmnitted Flow (Camnitted System Capacity) of the assignee Custaner
for purposes of c:::arp1tiI'XJ Authori ty charges due fran that Custaner. Whenever
such temporary assignment shall be made, the Authority shall then recalculate
all CUstaners I percentages of Canmi tted System Capacity for purposes of
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d f th Custaners so that the Customer
computiOJ Authori ty charges ue ran e
. . h temporary assignment shall pay its proportionate share of
rece1V1ng sue
Authori ty charges for debt service during the time such te-.mporary assignment
shall be in effect. It shall be expressly understood that nothing herein shall
be construed as creating a legal claim of the assignee Customer entitling that
Custaner to a permanent claim of such Reserve Capacity, nor s1211 it be
construed as restrictilJ3 or eliminatilJ3 the right of Seminole Count~ to::
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subseque1lUy reassign or allocate sudl Reserve Capac1 ty m accor................ W1 :z: ...
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terms of the agreement between Seminole County and orlando. It is. fur~
expressly understood that such temporary assignment shall not alter the a~
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allocation of eoJlllli tted Flows as specified in the existing agreements betwee,e.
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the Custaners and orlando.
(2) That the lift station!!:;) identified in Exhibit A of the
Agreement at the point(s) of connection and any existilJ3 force main being
utilized as part of the "northerly interceptor system" will become the property
of the Authority in accordance with the terms of Section 6, Subsection 14, of
the Act.
(3) That any temporary cessation of wastewater transmission
services resultilJ3 fran necessary maintenance work, breakdown of or damage to
madlinery, pUllpS or pipelines, acts of God,
fire, strikes, casualty,
insurrection, riot, civil disorder, or military authority shall not cansti tute
a breach of this Agreement on the part of either party, and neither party shall
be liable to the other for damage resulting fran such teuporary cessation of
services.
(4) To cooperate with each other and with the City of orlando in
the development and utilization of the capacity of the Facility and to that end
will provide each other with advance planning data as to projected grCMth and
additional flow requirements so that the Authority can continuously predeter-
mine its needs to provide transportation capacity.
(5) To provide each other with all necessary information pertinent
to each system and service area which any federal, state, or local agencies
shall require in any application for financial assistance in the construction
of the System or the Custaner's collection facilities. Further, the Custaner
and the Authority agree to use their best efforts to adept such rules and
regulations, execute such agreements, and do such l'oOrk as said agencies may
require as part of the Authority' s or. the Custaner I s applications for funds
and, to the extent not unreasonable, to meet such requirements with regard to
future applications for funds. Such actions shall not be unreasonably withheld
~ the Authori ty or the Custaners.
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(6) The obligation of the Customer to pay all sums due under this
Agreement shall not constitute a general obligation or an indebtedness of the
Customer within the meaning of any constitutional or statutory limitation or
provision.
SECTION 6.
(1) The Authority may receive from any CUstaner within the
Authority'S service area and deliver to orlando Wastewater in excess of. ftRa~
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CUstaner'S Coll1\litted Flow if, but only if: a
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(a) The total flow of Wastewater through the SyStell, to
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the Facility does not exceed the total Committed Flow of all Custaners; am? ~
(b) (l) The excess flow does not exceed t\\O percent (2%9P
of the Conunitted Flow of the CUstaner for the fiscal year; and (2) with the
ccnsent of Orlando and the Authori ty, one or more other Custaners assigns to
that Custaner, temporarily or permanently, a corresponding portion of its or
their Committed Flow. In such event, the Custaner receiving an assigrunent of
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CoIlInitted Flow shall pay, for account of the assignor, a pro rata part of
assignor I s Authori ty charges corresponding to the amount of ccmrni. tted Flow
assigned. Provisions of this paragraph shall not awly to the allocatioo of
the Reserve for ~ture Allocatioo of Seminole County.
Seminole County will
pranpUy advise the Authority of any allocation of its Reserve for Future
Allocation in order to allew the Authority to uake the proper adjustments to
its CUstomer billing schedule in a timely manner, as required by the Bond
Resolutioo and the Agreement.
(c) If the Custaner shall deliver to the SyStem on any day,
wastewater in excess of its Cannitted Fl~ (and each time this occurs), the
Authori ty shall on the followin; day noti fy the Custaner of the amount of such
excess flow. Should such excess flow occur Q'l 25 of any consecutive 30 days
the Authority shall proceed by injunction or other legal process to restrain
further deli very to the System of Wastewater in excess of the Custaner 's
CaI1nitted Flew. S100ld the delivery by the Custaner to the System of excess
flew for a lesser period inpair or threaten the ability of the Authority to
keep its deliveries to the Facility within the maxim\Jll\ allewed by CXX1tract
between the Authority and orlando the Authority may, at its q:>tion, take such
legal actioo. ShoJld deli very of excess flew by one Custaner to the SyStem
cause CXX1Sequential damages to another custaner I that other Customer may I in as
much as each CUstaner is a third party beneficiary under each of the other
Custaner J\greements with the Authority, brin; an action for damages resultin;
from suCh a breach of this Agreement against that Custaner in a court of
apprcpriate jurisdiction.
-11-
Delivery of excess flow for more than five days out of each
thirty days will result in the Custaner delivering such excess flow bein;j
charged an addi tiooal charge for each occurrence equal to the operation,
maintenance and administrative charges identified as Fee Components 1 and 2 for
that custaner for one uonth. In addition, the standard cperation, maintenance
and administrative charges identified as Fee CoJrg;lOnent 1 and 2 of the Authority
-
will be adjusted to reflect total wastewater delivered during the mooth~ ~~
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Custaner so charged for. such excess flow will have the right to an appe~ ~
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the Authority Board and the decision of the Board will be final. p
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The parties hereto agree that such addi tiooal charges for ~
flow shall not be inp:>sed on the CUstaner until after the SyStem has been full~
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cperational for one year: provided, however, that during the first year of the
operatioo of the SyStem, the Custaner I s payment of Author! ty charges for debt
service shall be proportionately increased to reflect such excess flow and the
Authority shall then adjust downward the Authority charges for debt service for
all remaining CUstomers. After the first full year of q>eratioo of the System
and each year thereafter such adjustments of AutOOrity charges for debt service
as a result of excesS flCM shall not awly and the penalties as above provided
shall be in full force and effect.
(2) orlando will not exceed its Ccmnitted FlCM by an aJIlOImt which
will impair its ability to receive the aggregate of the Camnitted FlCM of all
the CUstaners without the unanilllOUS vote of all members of the Board nor will
the Authority deliver to the Facility Wastewater in excess of the aggregate of
the Calanitted FlCM of all its CUstaners without the written consent of Orlando.
SEXmCN 7.
The proupt payments to the Author! ty by the Custaner of all
Authori ty charges becaning due under the term of this Agreement is of the
essence of this Agreement. If any payment is not made in full when due, the
deficierx::y shall be added to the payments next becaning due. The Custarer
shall pay all reasooable costs and expenses, including attorneys I fees,
incurred by the Authority by reason of Custaner' s failure to pay in full all
payments when due. This provisioo shall not be CXXlstrued so as to limit the
rights of the Authority to proceed iD1lllediately as provided in Section 10 of the
Act to enforce the payment of aIOOUnts in default.
SJ:CTICN B.
This Agreement is entered,' into pursuant to and is designed to
acccmplish the purposes of Chapter 78-617. Laws of Florida, Which Statute, as
it rDI exists, is deemed to be a part of this CXXltract and, to the extent of
any conflict. shall control over the terms of this contract. This contract may
be cancelled by either party at its optioo if:
-12-
(1) The cost of construction of the System, as determined by
the aggregate of the initial bids would require the Authority to issue
additional Bonds in excess ot fifteen percent. (15%) of the principal anount of
the validated authorization of Authority Bonds; or
(2) The Authority is unable to sell its first offerin9 of
Al,lthori ty Bonds or Bond Anticipation Notes issued to finance the ca'lstJ:\Ict: LQn
of the System at a public or negotiated sale at an interest rate not in exces.-
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of one hundred fifty (ISO) basis points above the 20 "Bond Buyer" Average 'ge'"
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Index published immediately precedifXJ the date on which the Authori ty ~ or
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Bend Anticipation Notes are sold, subject to increase only in accordance~~
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Section 215.84, Florida Statutes (1980), and all amendments thereto. If ~
Authority Bonds or Bond Anticipation Notes cannot be sold at public sale then
any sale which is negotiated shall caIPly with Cllapter 218, Part III, Florida
Statutes, and all amendments thereto. A contenplated negotiated sale shall
require prior wri tten notice to all Custaners of the Authori ty and approval of
the terms and conditions of such negotiated sale by a majority vote of all the
members of the Board.
In the event that this Agreement should becane null and
void or without effect for any reason, then all prior agreements between the
Custaner and orlando shall remain in full force and effect.
sa:::TION 9.
)(
This Agreement shall be and reuain in full force and effect until
all of the Orlando Bends and Authority Balds with interest thereon have been
paid in full; or provision for such payment is Dade in accordance with the
terms of the instruments authorizifXJ the respective Bc::nJs; provided, harlever,
this Agreement may be rodified by amel'X3ment agreed to by the parties and
approved by all the Custaners and orlando, tut no amendments shall reduce the
payments required to be made to the Authority to such extent as to impair the
debt service requirements of the Authority Bonds or the fiscal ability of the
Authority to operate and maintain the System in its most efficient manner. No
amendment to this agreement shall be made without a similar amendment to the
correspaldiD;J agreement with each CUstomer executed with the same formality as
this Agreement.
This Agreement may be assigned by the Custaner with the written
permissioo of the Authority (which shall not be unreasonably withheld) upon a
showiD;J satisfactory to the Authority ~t the assignee has a capability equal
to that of the assignor to fully oarply with all assignor's covenants and
agreements herein and upcn subnissioo to the Authority of a written assumption
by the assignee of all the cbligations of the assignor under this Agreement;
provided, however, If the as .
. signee 1& a private utility Custaner such private
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utility Custaner ~hall execute, as a condition of agreement, the form of
ccntract executed by other private utility CUstaner(s). upon such valid
execution this Agreement sllal1 become null and void. This Section shall not
affect the rights of the CUstomer to assign or receive assignment of Canmitted
Flow of wastewater fran other Customers as herein elsewhere provided.
Sl!X'rICN 10.
Nothina herein shall be construed so as to inpair the. full
perfOJ:JlWlC8 of the covenants of the Custaner contained in its contracts wi th-
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This Agreement shall not supersede or affect the agreements of ~o
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8, 1977 and its amendment of DeceJnber 6, 1977 between Seminole County."cuxC
sa::m:oo 11.
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the holders of cutstandina bonds of the Custaner.
orlando or any subsequent amendments or sUW1ements thereto.
IN WI'mESS ~, the parties hereto have made and executed this
Agreement in ten (10) counterparts, each of which shall be deemed an original,
as of July 1, 1981, but actually executed by the parties hereto on
I.. c;~joh-;,/,l/1 /;r', 1981.
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SCl1l'H SEMilUZ & NORl'H 0RAN3E CCWIY
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Chauman 'I
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A~ as to form
and legal sufficiency:
'!HE CI'lY OF WINrER SPRnGS, FLORID!\.
City Attorney
-14-
EXHIBIT A
WINTER SPRINGS
POINTS,TO TRANSMISSION SYSTEM
WINTER SPRINGS AUTHORITY o:r
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EXHIB IT B
FEE COMPONENTS
AUTHORITY and CUSTOMER agree that rates for transmission
of CUSTOMER'S sewage will be based on a reasonable application of
the Fee Components set forth below, with such rates being set GK
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the AUTHORITY Board, and in accordance with a definitive agreeme~
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to be executed between the parties prior to actual transmission ~
sewage to the Regional Facilities. AUTHORITY agrees to affol!d
CUSTOMER the lowest rates for transmission of CUSTOMER'S sewage as
AUTHORITY:makes available to any other user of the same classifica-
tion whose Service Area lies within the Service Area of the
AUTHORITY.
FEE COMPONENTS 1 -
AUTHORITY OPERATION AND MAINTENANCE
CRITERIA-.ALL CUSTOMERS
Basic rate per gallon will be arrived at by dividing the
total of all Committed Flows through the Transmission System into
budgeted Operation and ~aintenance Expenditures reduced by revenue
from other than provision of Sewer Transmission Service .
Should
Actual Revenues exceed or be less than Actual Expendi tures, the
surplus or deficit so realized, as reflected in supplemental
information contained in the AUTHORITY'S annual report of audit,
with necessary additional detail to be verified by the AUTHORITY'S
Executive Director, and as adjusted to maintain a reasonable fund
balance in the Working Capital Account, will be credited or
invoiced .to the CUSTOMERS in the next budget year. Such
"reasonable fund balance" in the working Capital Account shall not
exceed the greater of two (2) months' budgeted requirements for
operations and Maintenance or TWO HUNDRED FIFTY THOUSAND AND NO/lOO
DOLLARS ($250,000.00), based on the AUTHORITY'S budget for the
Initials:
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fiscal year involved, and shall be utilized only for expenses of
Operations and Maintenance as and if required.
DEFINITIONS - ALL CUSTOMERS
1. Committed Flows - The Average Daily Flow, expressed
in millions of gallons per day (MGD) which Orlando agrees will be
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available at the Iron Bridge Plant, subsequent to the completift ..p-
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thereof and ,throughout the term of this Agreement and the Agreeme~
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between the AUTHORITY and Orlando for treatment of sewage collect~ co
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within a CUSTOMER'S Retail Sewer Service Area during a l2-monthN
period. The l2-morith period shall be the AUTHORITY'S fiscal year.
,2 ~
Operation and Maintenance Expenditures
Those
expenditures incurred in the Operation and Maintenance of the
Transmission System and appurtenant facilities, including, but not
limi ted, to, the following types of cost:
Executive Salaries~
Salaries and Wages - Regular Employees~ Salaries and Wages - Extra
Help: Overti~e - Regular Employees~ Employee Benefits~ Insurance~
Traveling Expense~ Training: Telephone and Telegraph~ Postage: Auto
Allowan,ce: Motor Transpor t Hire: Rents and Leases; Electr ic ~ Gas ~
Water and Sanitation Charges ~ Subscriptions and Memberships ~ Re-
pairs and Maintenance: Advertising and Legal Notices: Professional
Services: Other Services: Cleaning and Janitorial Supplies: Elec-
trical: Hardware and Plumbing: Agricultural and Horticultural Sup-
plies: Medical Supplies: Chemicals~ Paint; Fuel for Heating~ Gas-
oline, Lubricants and Grease: Tires and Parts for Equipment~
Uniforms and Clothing: other materials and supplies and small
tools. These Operation and Maintenance Expenditures will be. main-
tail\ed ina separate cost center limited to those utilized directly
in the operation, management and maintenance of the Transmission
System.
3. Budgeted Operation and Maintenance Expendi tures -
Expenditures that are budgeted by the AUTHORITY for a l2-month
Initials:
AUTHORITY:
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period for which rates are to be set and shall be based on the
AUTHORITY fiscal year.
CRITERIA
FEE COMPONENT 2 -
SYSTEM ADMINISTRATION COSTS NOT
INCLUDED IN FEE COMPONENT 1 ABOVE
.ALL CUSTOMERS
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TWo (2) types of administration costs will be recognized:
1. AUTHORITY Administrative and" Supervisory Per-
sonnel. Administrative Personnel costs, including direct compen-
sation, fringe benefits and payroll taxes, and materials and sup-
plies will be accumulated in a separate cost center.
The Fee
compq,nent ,will be calculated on a per-gallon rate by taking the
annual expense (A) under this cost center and dividing this by the
total of all. Committed Flows through the Transmission System (Q),
Le., Adminis.tration Costs - Type I = A/Q.
II. Specific Administration Costs Authorized by
the AUTHORITY Board of Directors and Enabling Legislation. The Fee
Component for. specific administration costs authorized by the
AUTHORITY Board and the,Act will be calculated on a per-gallon rate
in the same manner as Administration Costs - Type I at one hundred
percent (lOOt) of ,such costs.
DEFINITIONS - ALL CUSTOMERS
1.
Includinq Personal Services,
Personnel Costs,
Materials, and Supplies - Are made up of those types of items as
identified under the definition of Operation and Maintenance Expen-
ditures described under Fee Component 1.
Initials:
AUTHORITY:
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2. Total Number of AUTHORITY Employees - will be the
total number of Board-approved positions that are allocated in the
separate cost center which is to be established for the AUTHORITY.
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FEE COMPONENT 3 - ~ co
ANNUAL DEBT SERVICE CHARGES ~ -l=--
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CRITERIA - ALL CUSTOMERS n
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1. Annual Principal Costs. On the fifteenth (15th) diy~
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of each month, commencing October 15, 1982, CUSTOMER agrees to
commence payment to the AUTHORITY of the CUSTOMER'S share of the
Annual Princ:ipal Costs, and to continue paying the same thereafter,
irrespective of CUSTOMER'S use or nonuse of the Transmission System
on that""orany later date.
CUSTOMER'S share of the Annual Principal Costs shall be
determined by dividing its Committed Flow by the aggregate of all
Committed Flows of all AUTHORITY CUSTOMERS. At the time of exe-
cution ber"eof the number of CUSTOMERS and the Commi tted Flows are
known and"are1isted in the Table contained in Section 5(1) of this
Agreement".
Each CUSTOMER'S share of the Annual Principal Costs
would be that ""Percentage of Committed System Capaci ty" appearing
opposite its name in the Table contained in Section 5(1) of this
Agreement.
The CUSTOMER'S monthly payment will be computed as
follows: Monthly Principal Payment = Annual Bond Principal times
1.25 times percentage share divided by twelve (12). This would
commence accumulation of the Principal Payment due October 1, 1983,
and each October 1 thereafter. These payments will continue until
the Bonds are paid in full. Credit will be given when the Reserve
Fund is applied to the final payment(s) due under the Bonds.
2. Annual Interest Costs. On the fifteenth (15th) day
of each month, commencing October 15, 1982 (since capitalized in-
terest from the Bond proceeds will be sufficient to carry the
Initials:
AUTHORITY:
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Interest through September .30, 1982), CUSTOMER agrees tb commence
payment to the AUTHORITY of the CUSTOMER'S share of the Interest
due, as Annual Interest Costs, and to continue paying the same
thereafter, irrespective of CUSTOMER'S use or nonuse of the Trans-
missiori System bn that or any later date.
CUSTOMER'S share of the Annual Interest Costs shall be ~
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determined.QY dividing its Committed Flow by the aggregate of all F2
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At the time of exe- ?
Comi tted Plows of all AUTHORITY CUSTOMERS.
cut ion hereof the number of CUSTOMERS and the Commi t ted Flows are
known_and are listed in the Table contained in Section 5(1) of this
Agreement'~' '. Each CUSTOMER'S share of the Annual Interest Costs
would be that "Percentage of Committed System Capacity" appearing
oppos.ite' its name in the Table contained in Section 5(1) of this
Agreeme~t.
'The COSTOMER'S monthly payment will be computed as
fbllows:
Mcmthly Interest Payment · Semi-Annual Bond Interest
times 1.25 -times. percentage share divided by six (6). This would
commenc~. accumulation of the Semi-Annual Interest Payment due
April 1, 1983, and each OCtober 1 and April 1 thereafter. These
payments will continue until the Bonds are paid in full. Credi t
will be given when the Reserve Fund is applied to the final
payment(s) due under the Bonds.
3. The factor of 1.25 shown in the two (2) equations
above is the Bond Coverage Factor described in Section IS, "Cove-
nants of the Issuer," Paragraph 0, of the AUTHORITY Bond Resolution
No. 80-5.
FEE COMPONENT 4 -
OTHER PAYMENTS NECESSARY TO MEET COVENANTS
MADE TO SECURE HOLDERS OF AUTHORITY BONDS
CRITERIA - ALL CUSTOMERS
1. Reserve Fund: On the fifteenth (15th) day of each
month, the CUSTOMER will pay to the AUTHORITY one-twelfth (1/12) of
Initials:
AUTHORITY:
CUSTOMER:
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Interest through September 30, 1982), CUSTOMER agrees to commence
payment'to the AUTHORITY of the CUSTOMER'S share of the Interest
,due"al ,Annual Interest Costs, and to continue paying the same
,thereafter, irrespective of CUSTOMER'S use or nonuse of the Trans-
System on that or any later date.
,CUSToMER'S share of the Anilual Interest Costs shall be
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known and ire lis,ted in the Table contained in Section, 5( 1) of thisc:n
: Agi.ement~,<;'Each CUSTOMER'S share of the Annual Interest Costs
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would!?_, tha,t' .Percentage of Coromi tted System Capacity" appearing
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,:~j:)i:~f~,;:~j~;;;:;':@.J{'::, ..~" 'The CUSTOMER'S monthly payment will be computed as
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.,.:t:/..;;r"~':t;i~~~_,':t:'~5:,,t~mespercentage share divided by six (6). This would
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. (~-,,"_X(:~~~~.' .c~umlilation of the Semi-Annual Interest Payment due
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;/:';;-;:b:^-pd1,i" 19$3, . and each, October land Apr il 1 thereafte!:'. These
.<:::>:::t:~C:~ij\>"'c : j:::.~,~-,.;.~t:.." -_ . -~, .'. '." " ' ': - _' .
;/;,::":,payilents w1.11 continue ,until the Bonds are paid in fulL Credi t
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3. The factor of 1.25 shown in the two (2) equations
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Issue!:'," Paragraph 0, of the AUTHORITY Bond Resolution
FEE COMPONENT 4 -
OTHER PAYMENTS NECESSARY TO MEET COVENANTS
MADE TO SECURE HOLDERS OF AUTHORITY BONDS
CRITERIA - ALL CUSTOMERS
1. Reserve Fund: On the fifteenth (15th) day of each
month, the CUSTOMER will pay to the AUTHORITY one-twelfth (1/12) of
Initials:
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twenty percent (20%) of its share of the Bond Interest and Princi-
pal for deposit in the Reserve Fund. No payment shall be required
for the Reserve Fund so long as the amount in the Reserve Fund is
equal to the Reserve Requirement required to be maintained by th~
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Bond Resolution hereto attached. ~ en
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2. Renewal and Replacement Fund: On the f ifteql}th
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(15th) day. of each month, the CUSTOMER will pay to the AUTHOR1T~
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its share of an amount equal to one-twelfth (1/12) of five percenF
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(5\) of the Gross Revenues received during the immediately pre-
ceding H.scal year. CUSTOMER I S share of said amount shall be its
percentage of Committed System Capacity as shown in the Table in
Section 5(1).. No payment shall be required for the Renewal and
Replac,~en~Fund so long as the amount in the Renewal and Replace-
ment Fund "fs maintained at the level required by the Bond Resolu-
tion or such.other amount as may be determined by resolution of the
Board in a9cQrdance with the Bond Resolution.
3. Any deficiencies in the Reserve Fund or the Renewal
and Repla~ement Fund shall be subsequently restored from the first
monies availab.le in 'the Revenue Fund as descr ibed . in the Bond
Resolution.
4. For the retirement of the AUTHORITY'S obligations
under Section 15 of the Bond Resolution, the AUTHORITY will bUdget
the Revenue Fund to take into account that all funds remaining on
deposit in the Reserve Fund shall be applied to the last payment of
Principal and Interest on the AUTHORITY Bonds.
FEE COMPONENT. 5 -
HYDRAULIC PEAKING FACTOR SURCHARGE
CRITERIA - ALL CUSTOMERS
1. For each day that a CUSTOMER discharges sewage to
the Transmission System for a consecutive 4-hour period at a Flow
Initials:
AUTHORITY:
CUSTOMER:
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Rate in excess of two hundred percent (200%) of the ADPF, up to two
hundred fifty percent (250%), the CUSTOMER will pay a surcharge of
one percent (1%) on its Monthly Service Charge. For each five
percent (5%) or fraction thereof in excess of two hundred fifty
percent (250%) for a consecutive four-hour period that the Flq.v
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exceeds the ADPF, the CUSTOMER will pay an additional one perce~
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(1%) surcharge. n
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Def ini tions
1. Averaqe Dailv Peak Flow (ADPF) - The total flow dur-
ing the four (4) consecutive months of greatest flow during the
12-month period ending September 30, divided by the total number of
days in' such 4-month per iod.
Average Daily Peak Flow in such
4-month period will be based on the CUSTOMER I S previous record
until the CUSTOMER shall have been connected to the Transmission
System for a 12-month period ending September 30.
Initials:
AUTHORITY:
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CUSTOMER:
EXHIBIT B-7
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Rate in exces~ of two hundred percent (200%) of the ADPF, up to two
hundred fifty percent (250%), the CUSTOMER will pay a suX'charge of
one percent (1%) on its Monthly Service Charge. For each five
percent (5\) or fraction thereof in excess of two hundred fifty
(250\> for a consecutive four-hour period that the Flow
the ADPF, the CUSTOMER will pay an additional one
surcharge. .
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Definitions
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. 1. Averaqe Daily Peak Flow (ADPF) - The total flow dur-
ing the' four' (4) consecutive months of greatest flow during the
. .
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l~"lllon~' period ending September 30, divided by the total number of
.days..i:rt< s~oh.4-month period. Average Daily Peak Flow in such
'.'Y'. .....:~-~~~h:;.p~:rJOd. will be based on the CUSTOMER'S previous record.
'" ....}untfl..theCUS'l'OMER shall have been connected to the Transmission
f~r.a ~2-month period ending September 30.
Initials:
~J-
AUTHORITY:
CUSTOMER:
EXHIBIT B-7
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EXHIBIT C
~ruLTIPLE SERVICE
CONNECTION POINTS TO TRANSMISSION SYSTEM
STATION NAME
SERVING
AUTHORITY
NUMBER
There are none as of the date of
original construction and operation.
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