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HomeMy WebLinkAboutOrdinance 81 Water/Sewer ORDINANCE NO. 81 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WINTER SPRINGS, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE TO WINTER SPRINGS DEVELOPMENT CORPORATION, A FLORIDA COR- PORATION, TO OPERATE AND MAINTAIN A WATER SYSTEM AND SEWAGE COLLECTION AND DISPOSAL SYSTEM IN PORTIONS OF THE CITY OF WINTER SPRINGS, FLORIDA; SETTING FORTH CONDITIONS AND PRIVILEGES ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR RATES AND CHARGES, AND FOR SERVICE STANDARDS; PROVIDING FOR SEWER CONNECTIONS AND PENALTIES FOR THE VIOLATION OF SUCH PROVISIONS; AND FOR OTHER PURPOSES. THE CITY COUNCIL OF THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION 1: SHORT TITLE. This Ordinance shall be known and may be cited as CITY OF WINTER SPRINGS, FLORIDA, WATER AND SEWAGE FRANCHISE ORDINANCE TO WINTER SPRINGS DEVELOPMENT CORPORATION. SECTION 2: DEFINITIONS. (1) The word "Utility" as used herein refers to Winter Springs Development Corporation, a Florida corporation. (2)' .The word "City" as used herein refers to City of Winter Springs, Florida. SECTION 3: GRANT OF AUTHORITY. In consideration for the undertaking by the Utility of furnishing water distribution and sewage collection services to that portion of City described on Exhibit A annexed hereto and by reference incorporated herein, there is hereby granted to Utility by City the exclusive right and privilege to erect, construct, operate and maintain: (1) A water distribution system and the right and privilege to pipe water into said described portion of City, to transport the same by mains and pipes throughout said area and the exclusive right to sell and distribute water within said area; and for these purposes to establish the necessary facilities and equipment, to lay and maintain water mains, pipes and any other appliances and appurtenances necessary to the sale and distri- bution of water in, under and along the streets, alleys and other public places of city. (2) A sanitary sewage collection and disposal system for the collection and disposal of all non-industrial sewage and the right and privilege to transport the same by mains and pipes within said described area; and for these purposes to establish the necessary facilities and equipment and to lay and maintain sanitary sewer mains, pipes and any other appliances and appur- tenances negessary to the collection and disposal of non- industrial sewage, sometimes more commonly called domestic sewage, in, under, and along the streets, alleys and other public places in city. (3) Nothing in this franchise nor in the rights and privileges herein granted shall be construed to prevent the City from granting exclusive or non-exclusive rights, privileges or easements to other persons, firms or corporations for furnishing utility services other than water service and/or sewer service provided the exercise of such granted rights, privileges and easements do not unreasonably interfere with the use by the Utility of the streets, alleys, public ways and places in City for the purposes described in this Ordinance. SECTION 4: COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES. The Utility shall, at all times during the life of this franchise, be subject to all lawful exercise of the police -2- power by City, and to such reasonable regulations as the City shall hereafter by resolution or ordinance provide. SECTION 5: LIABILITY OF UTILITY; INDEMNIFICATION. It is expressly understood and agreed between the Utility and City that the Utility shall save City harmless from all loss sustained by City on account of any suit, judgment, execution, claim or demand whatsoever resulting from negligence on the part of the Utility in the construction, operation or maintenance of its water or sewage systems in the City. The City shall notify the Utility's representative as soon as possible after the presentation of any claim or demand, either by suit or otherwise, made against City on account of any negligence as aforesaid on the part of Utility. SECTION 6: SERVICE STANDARDS. The Utility shall operate and maintain its water supply and distribution system and its sewer collection and disposal system and render efficient service in accordance with this Ordinance, and all reasonable requirements and regulations of governmental agencies having jurisdiction, and particularly without limitation in accordance with the following provisions: (1) WATER: (a) Fire Hydrants. The Utility shall install fire hydrants along the water mains to be constructed in City at such locations as are designated by existing development and subdivision regulations of City, and shall deliver water in such quantities as will maintain a static water pressure equal to forty pounds per square inch at the fire hydrants, and in accordance with the Code of Standards of the National Board of Fire Underwriters. -3- However, the utility does not guarantee that the supply of water to be distributed to such fire hydrants shall at all times be constant or maintained at the pressure specified above, it being understood that temporary cessation of delivery of water or drop in water pressure at any time cuased by an act of God, fires, strikes, casualties, accidents, necessary maintenance work, breakdowns, damage to machinery or lines, civil or military authority, or by riot or other cause beyond the control of Utility, shall not constitute a breach, of the provisions of this sub-paragraph, or impose liability upon the Utility to City or to its inhabitants or water consumers therein. (b) Residential - Other Users. At all times the utility shall be able to provide for the use of consumers within the City a minimum quantity of 300 gallons of water per day under adequate pressure for domestic or other use at all the taps or water outlets of such consumer, and to maintain at all times the quality and purity of such water to meet the United States Public Health Service Drinking Water Standards promulgated February 5, 1946, as regulations of the United States Public Health Service. However, the Utility does not guarantee that the supply of water to be distributed shall be at all times constant in the above quantities or under the above pressure, it being understood that temporary cessation of delivery of water, or drop in water pressures at any time caused by an act of God, fires, strikes, casualties, accidents, necessary maintenance work, breakdowns, damage to machinery or lines, civil or military authority, or by riot or other cause beyond the control of Utility shall not constitute a breach of the provisions hereof, or impose liability -4- upon Utility to the City or to its inhabitants or water consumers therein. (c) Meters. All water delivered to consumers hereunder (except water delivered to fire hydrants) shall be measured by meters of standard make and of sufficient size, such meters to be furnished, installed and maintained by and at the cost of Utility. In case the City shall at any time question whether any meter or meters are registering correctly, the City shall have the right, upon making written request to the Utility, to have such meter or meters tested in the presence of a representative of the City and if, as a result of such test; such meter or meters shall be found to be incorrect or inaccurate, the same shall be restored to an accurate condition or a new meter or meters shall be installed at the cost of the Utility. If such meter or meters be found to be within three percent (3%) of the accurate or true reading, the cost of such test shall be borne by City but otherwise shall be paid by Utility. Should any test or tests show any such meter or meters to be substantially inaccurate, computations for water previously delivered since the last preceding monthly meter reading shall be adjusted accordingly. (2) SEWER: (a) The Utility shall operate and maintain a sanitary sewage collection and disposal system adequate for the safe and sanitary collection, treatment and disposal of all non- industrial sewage in the described area of City. At all times such sewer system shall be operated and maintained in accordance with all reasonable regulations and recommendations of the appropriate governmental agencies having jurisdiction and any -5- and all tests conducted in connection with such sewer system shall be kept as permanent records by the Utility, and the same shall be open to inspection by any governmental agency or user of such system at all reasonable times. Any such governmental agency having jurisdiction, through its representatives, shall at all times have access to the sewer collection or disposal facilities to conduct any and all tests as such agency shall determine necessary to insure compliance with the aforesaid regulations and recommendations. In the event such agency shall determine the operation of the system do not meet with the aforesaid regulations or recommendations, the Utility shall immediately, at its sole expense, make any adjustment, repair, installation or improvement that shall be lawfully necessary or reasonably required by such agency to bring the operation of the sewer system up to the aforesaid regulations and recommendations. The Utility shall maintain the aforesaid sewer system at all times in good working order and repair so that satisfactory service may be supplied to each of the users thereof within the city. SECTION 7: OTHER PROVISIONS. The Utility will furnish and maintain at its own cost all necessary fittings, pipes and appliances, including all meters and meter boxes, to deliver water to the consumer at the property line. All such fittings, pipes, appliances, meters and meter boxes shall remain the property of the utility, and shall at all times be accessible to it and under its control. The service line from the meter to the consumer's premises shall be laid and maintained by the applicant at his own cost. The line shall be of ample size, of standard weight, and quality, and all cut-offs, valves, fixtures -6- and appliances furnished by the consumer maintained in good order and condition. Sewer lines shall also be furnished and maintained by the Utility, together with all necessary appurtenances thereto to the property line of the consumer. The sewer line from the property line, to the consumer's premises shall be laid and maintained by the applicant at his own cost. The sewer line shall be of ample size, of standard quality, and the appurtenances thereto shall be maintained in good order and condition. All of such water and sewer connections required to be furnished by the Applicant shall be of such size and quality as shall be required by the Utility and shall be laid and installed in accordance with its rules and regulations. The Utility shall be authorized to establish reasonable rules and regulations not in violation of the terms of this franchise. SECTION 8: EXTENSIONS. Anything to the contrary contained elsewhere herein notwithstanding, the Utility shall be under no obligation to extend its mains, lines, appurtenances and facilities to any area of the City platted of record, unless and until there shall have been filed with the Utility a sufficient number of applications for service by prospective consumers who will actually reside in said developed area, to afford the Utility, in its reasonable opinion, a fair and reasonable rate of return upon the investment required to extend the Utility's facilities to such area. Prior to any extension of its facilities, the Utility may require a capital contribution, cash deposit, refundable deposit agreement, bond or other assurance from -7- prospective consumers applying for such extension. SECTION 9: RATES AND CHARGES. So far as it is within the power of City to fix rates and charges, and subject to the provisions that all rates hereunder shall at all times be such as to provide the Utility with a fair return on the replacement or reproduction value of its water supply and distribution system and its sewer collection and disposal system, rates and initial charges to consumers of water within the City and rates and charges to those who shall be connected with the sewer system shall be as follows: (1) WATER: (a) Residential Users. For residential consumers or users of water the quantity of water delivered by the Utility shall be determined from meter readings made by or on behalf of the Utility monthly and billed by the Utility every two months to the consumer at the following rates: 0 to 6,000 gallons Next 1,000 gallons Over 7,000 gallons $ 3.50 .50 per 1,000 gallons .35 per 1,000 gallons (b) Other Users. For water consumers other than those described in sub-paragraph (a) above, the quantity of water delivered by the Utility shall be determined from meter readings made by or on behalf of the Utility monthly and billed by the Utility every two months to the consumer at rates set by special contract between the consumer and the Utility. (c) Penalties. In the event water bills are not paid within thirty days, the utility shall have the right to dis- continue both the water service and sewer service to the consumer without further notice and such service shall not be restored -8- until after all past bills have been paid, plus reimbursement to the Utility for all extra expenses (such as special trips, in- spections, disconnecting and re-connecting service, additional clerical expense, etc.) incurred by the Utility on account of any delinquent bill, or on account of the consumer.s violation of the contract for water and sewer service or of the Utility's rules and regulations. The minimum charge to cover such extra expenses as to each of said services is Five Dollars ($5.00). (d) Combined Billinq. Water and sewer bills may be combined under one billing. (e) Connection Charges, Deposits. Applications for connection to the water distribution system shall be made upon forms to be furnished by the Utility in compliance with the rates, rules and regulations of the utility, and after approval of the application by the Utility thereon. The size of service lines, valves, meters and other fittings, fixtures or appliances necessary to give the service applied for shall be a reasonable and proper size to be determined by the Utility at the time of the application. Such application shall be accompanied by the payment of the following connection charges: 3/4 inch, not to exceed $15.00 Over 3/4 inch, not to exceed $50.00; and by payment of a reasonable deposit to guarantee payment of water bills on the two month billing basis. (2) SEWER: (a) Residential Users. There shall be a $4.00 per month charge for any amount over 4,000 gallons. There shall be an additional 50 cent charge per month for each additiona bathroom. -9- (b) Other Users. For sewer customers other than those described in sub-paragraph (a) above, monthly rates, billed every two months, shall be $et by $pecial contract between the consumer and the Utility. (c) Penalty. In the event sewer bills are not paid within thirty (30) days, the Utility shall have the right to discontinue both the water service ,and sewer service to the consumer without further notice, and such service shall not be restored until after all past bills have been paid, plus reim- bursement to the Utility for all extra expenses (such as special trips, inspections, disconnecting and re-connecting service, additional clerical expense, etc.) incurred by the Utility on account of any delinquent bill, or on account of the consumer I s violation of the contract for water or sewer service or of the Utility's rules and regulations. The minimum charge to cover such extra expenses as to each of said services is Five Dollars ($5.00) (d) Combined Billinq. Sewer and water bills may be combined under one billing. (e) Connection Charqes, Deposits. Applications for connection to the sewer collection system shall be made upon forms to be furnished by the Utility in compliance with the rates, rules and regulations of the Utility, and after approval of the application by the Utility thereon. The size of service lines, valves, meters or other fittings, fixtures or appliances necessary to give the service applied for, shall be a reasonable and proper size to be determined by the Utility at the time of the application Such application shall be accompanied by the payment of a connection charge as follows: -10- Sewer $100.00: and by paying a reasonable deposit to guarantee payment of sewer service bills covering a two month period. (3) CHANGES IN RATES AND CHARGES: WATER OR SEWER. The above rates are the initial rates and charges which by the granting of this franchise are determined to be reasonable in accordance with the provisions of this section. The utility may establish, amend, revise and enforce from time to time or times in the future, different rates or charges reflecting rates and charges lower or higher than those shown above, provided, however, that any such lower or higher rates or charges so established or enforced from time to time by the Utility shall be subject to the prior approval of the City Council of the City of Winter Springs, Florida. (4) TAX CLAUSE. The rates and charges, including minimum and other charges and service guarantees, are dependent upon Federal, State, county, municipal, district or other governmental taxes, and license fees, and such rates and charges may be increased, or a surcharge added, if and when any or all such taxes and license fees are increased, at the cost per hundred gallons or other applicable unit of charge, of such additional taxes and license fees. SECTION 10: TERM OF FRANCHISE. This Ordinance shall take effect and be in force from and after the final passage hereof, as required by law, and upon filing of acceptance by the Utility with the City Clerk. Such franchise shall continue in force and effect for a term of thirty (30) years beginning with the date of such acceptance. At the expiration of said -11- thirty (30) year term, Utility shall be given the option to renew this franchise under the terms and conditions as set forth herein for a period not to exceed fifteen (15) years from date of such expiration. SECTION 11: ASSIGNMENT. The City hereby reserves the right to purchase the property of the Utility used under this grant as provided under the laws of the State of Florida, and as a condition precedent of the taking effect of this grant the Utility gives and grants to the City the right to purchase so reserved. However, the Utility is hereby given the right and authority to make assignments of this franchise and the rights, privileges and authorities granted hereby and all assignees upon the acceptance thereof shall be bound to the same extent as if they were originally named as the Utility hereunder. SECTION 12: Within thirty (30) days after the first anniversary date of this franchise and within thirty (30) days after each such succeeding date of this franchise, the Utility, its successors and assigns, shall pay to the City an amount which shall equal three percent (3%) of the Utility's revenues from the sale of water and sewage services to residential-and commercial subscribers within the limits of the area described above, excluding connection charges, for the twelve fiscal months preceding the applicable anniversary date. The Utility agrees to furnish to City within thirty (30) days after the first anniversary date of this Ordinance, an itemized accounting showing total revenues accruing from water charges and sewage charges and the percentage due to the City. SECTION 13: SEPARABILITY. If any section, sub-section, -12- sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION 14: All laws, ordinances or parts of laws and ordinances in conflict herewith are hereby repealed. FIRST READING this 2nd day of 0ctober A.D. 1972. SECOND, FINAL READING AND PASSAGE the 16th day of October, A.D. 1972. Granville Brown Mayor Attest: Mary T. Norton Clerk The foregoing Franchise is accepted this 16th day of October, A.D. 1972. WINTER SPRINGS DEVELOPMENT CORPORATION By: William J. Goodman President ATTEST: Norman Rossman Secretary -13- STATE OF FLORIDA ) COUNTY OF SEMINOLE ) I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, WILLIAM GOODMAN and NORMAN ROSSMAN , President and Secretary respectively of Winter Springs Development Corporation, a Florida corporation, to me known to be the persons described in and who executed the foregoing acceptance of franchise, and they acknowledged before me that they executed the same for the purposes therein expressed as the act and deed of said corp- oration. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at Winter Springs,said County and State, this 16th day of October,A.D. 1972. My Commission Expires: Mary T. Norton Notary Public, State of Florida at large My Commission Expires Notary Public State of Florida at Large My Commission Expires April 4 1975 -14- STATE OF FLORIDA ) COUNTY OF SEMINOLE ) I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, WILLIAM GOODMAN and NORMAN ROSSMAN , President and Secretary respectively of Winter Springs Development Corporation, a Florida corporation, to me known to be the persons described in and who executed the foregoing acceptance of franchise, and they acknowledged before me that they executed the same for the purposes therein expressed as the act and ,deed of said corp- oration. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at Winter Springs,said County and State, this 16th day of October, A.D. 1972. Mary T. Norton Notary Public, State of Florida at large My Commission Expires: Notary Public State of Florida at Large My commission Expires April 4, 1975 I HEREBY CERTIFY THAT THIS ORDINANCE IS A DULY PASSED AND ADOPTED MUNICIPAL ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA AND IS STILL IN FULL FORCE AND I EFFECT. Mary T. Norton CITY CLERK DATED MAY 24, 1973 -14- AGREEMENT Winter Springs Development Corp. 1301 West Colonial Drive, Orlando, Florida 32804 TELEPHONE (305) 424-7101 26 September 1973 Mrs. Mary Norton, Clerk City of Winter Springs One North Fairfax A venue Winter Springs, Florida 32707 Re: Agreement between Winter Springs Development Corp., Southern States Utilities, Inc., and the City of Winter Springs, Florida. Dear Mrs. Norton: Per our telephone conversation of yesterday, I am enclosing herewith a xerox copy of the above-mentioned Agreement. Please destroy the Agreement that you brought to the office on Monday of this week, the original of which you retained. Sincerely yours, William J. Goodman WJG/js Enclosure (1) City of Witner Springs City Hall SEP 2 7 1973 RECEIVED A Subsidiary of Gulfstream Land and Development Corp. (b) SERVICE COMPANY hereby relinquishes and disclaims any right or priviledge to provide water service to any other lands located within the boundaries of the City of Winter -1- Springs, notwithstanding any provisions to the contrary set forth in the Agreement recorded in O. R. 809, Page 556, above mentioned (2) That the DEVELOPER hereby ratifies and confirms that it will be responsible for providing water service within the franchise area of developer granted pursuant:to Ordinance No. 81 of the City of Winter Springs (other than those areas specifically provided for in Paragraph 1 above). (3) That the CITY OF WINTER SPRINGS, FLORIDA, hereby agrees to allow SOUTHERN STATES UTILITIES, INC., to function under the franchise provided to WITNER SPRINGS DEVELOPMENT CORPORATION pursuant to Ordinance No. 81 of the CITY OF WINTER SPRINGS, FLORIDA in Winter Springs and Winter Springs Unit II, as described in paragraph (1) hereinbefore. IN WITNESS WHEREOF, the parties herein have hereunto set their hands and seals on the date aforementioned. Signed, sealed and delivered in our presence: WINTER SPRINGS DEVELOPMENT CORPORATION As to Winter Springs Develop- ment Corporation By Attest: President Secretary SOUTHERN STATES UTILITIES, INC. By President As to Southern States Utilities, Inc. Attest: Secretary CITY OF WINTER SPRINGS, FLORIDA By Granville Brown President Attest: Mary T. Norton Secretary Elsie Smith Ray Bradshaw As to the City of Winter Springs, Florida -2- STATE OF FLORIDA COUNTY OF SEMINOLE: BE FORE ME personally appeared and well known to me to be the President and Secretary respectively of the corporation named as WINTER SPRINGS DEVELOPMENT CORPORATION in the foregoing Agreement, and that they severally acknowledged executing the same, in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this day of , 1973. Notary Public - State of Florida My commission expires: STATE OF FLORIDA COUNTY OF SEMINOLE: BEFORE ME personally appeared and well known to me to be the President and Secretary respectively of the corporation named as SOUTHERN STATES UTILITIES, INC. in the foregoing Agreement, and that they severally acknowledged executing the same, in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this _day of , 1973. Notary Public - State of Florida My commission expires: STATE OF FLORIDA COUNTY OF SEMINOLE: BEFORE ME personally appeared GRANVILLE BROWN and MARY T. NOR TON well known to me to be the Mayor and City Clerk of the City of Winter Springs, Florida in the foregoing Agreement, and that they severally acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said municipality and that the seal affixed there- to is the true municipal seal of said City of Winrer,Springs, Florida. WITNESS my hand and official seal in the County and State last aforesaid this 7 day of June, 1973. Notary Public-State of Florida Notary Public State of Florida at Large My commission Expires June 9, 1975 -3- AGREEMENT THIS AGREEMENT, made and entered into this day ,1A. D. 1973, by and between WINTER SPRINGS DEVELOPMENT CORPORATION, a Florida corporation, herein- after referred to as "DEVELOPER", and SOUTHERN STATES UTILITIES INC., a Florida corporation, hereinafter referred to as "SERVICE COMPANY," and the CITY OF WINTER SPRINGS, FLORIDA, a municipal corporation, WHEREAS, the parties hereto entered into an Agreement dated July 30, 1970 , which allowed the SERVICE CO. to supply services to certain land owned by the DEVELOPER, and WHEREAS, the parties hereto have agreed to modify that certain Agreement as is hereafter set forth, and WHEREAS, the CITY OF WINTER SPRINGS, FLORIDA, has given a franchise to the DEVELOPER providing for the developing of water and sewer within certain portions of said City, and WHEREAS ,the CITY OF WINTER SPRINGS, FLORIDA, ,and DEVELOPER and SERVICE CO. are desirous of establishing the jurisdictional limits of each of the areas to be covered by the respective parties, NOW, THEREFORE, for and in consideration of the premises and the mutual undertakings and agreements herein contained and assumed, the DEVELOPER and SERVICE CO. covenant and agree as follows: 1) That the SERVICE CO. shall be strictly bound by each and every of the terms set forth in the Agreement dated July 30, 1970, with the following exceptions: (a) SERVICE CO. shall not be required to provide water service to any property except that located in the Plat of winter Springs, .and the Plat of Winter Springs Unit II. 2) That the DEVELOPER hereby agrees to assume the responsibility for providing water service within all other areas located within the City of Winter Springs other than those specifically provided for in Paragraph 1) above. 3) The CITY OF WINTER SPRINGS, FLORIDA, hereby agrees to allow SOUTHERN STATES UTILITIES, INC. to function under the franchise provided to WINTER SPRINGS DEVELOPMENT CORPORATION pursuant to Ordinance No. 81 of the CITY OF WINTER SPRINGS, FLORIDA. IN WITNESS WHEREOF,the parties herein have hereunto set their hands and seals on the date aforementioned. WINTER SPRINGS DEVELOPEMENT CORPO RATION BY: N Rossman President ATTEST: RB Merk Secretary Signed, sealed and delivered in our presence: Joan L. Smith Jacqueline E. Gardner As to Winter Springs De- velopment Corporation SOUTHERN STATES UTILITIES, INC. BY: President ATTEST: Secretary As to Southern States Utilities, Inc. CITY OF WINTER SPRINGS, FLORIDA BY: Granville Brown Mayor ATTEST: Mary T. Norton City Clerk Ray Bradshaw Elsie Smith As to the City of Winter Springs, Florida -2~ STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME personally appeared NA Rossman and Keith B. Merk , well known to me to be the President and Secretary respectively of the corporation named as WINTER SPRINGS DEVELOPMENT CORPORATION in the foregoing Agreement, and that they severally acknowledged executing the same, in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this 24th day of September, A. D. 1973. My Commission Expires: Notary Public State of florida at large My commission Expires Sept. 14, 1975 STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME personally appeared an'dwell known to me to be the President and Secretary respectively of the corporation named as SOUTHERN STATES UTILITIES,INC. in the foregoing Agreement,and that they severally acknowledged executing the same, in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS MY hand and.official seal in the County and State last aforesaid this 24th day of September, A.D. 1973. My Commission Expires Sept. 14, 1975 Notary Public State of Florida at Large Joan L. Smith Notary Public; State of Florida STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME personally appeared GRANVILLE BROWN and MARY T. NORTON well known to me to be the Mayor and City Clerk of the City of Winter Springs, .Florida in the foregoing Agreement, and that they severally acknowledged executing the same ln the presence of two subscribing wi,tnesses,freelyand, voluntarily under authority duly vested in them by said municipality and that the seal affixed thereto is the true municipal seal of said City of Winter Springs, Florida. WITNESS my hand and official seal in the' County and State last aforesaid this 22 day of May,A.D. 1973. My commission Expires: Notary Publivc State of Florida at Large My commission Expires June 9, 1975 Notary Public; State of Florida -3- AGREEMENT ***************** THIS AGREEMENT, made and entered into this 26 day of March, A. D. 1973, by and between WINTER SPRINGS DEVELOPMENT CORPORATION, a Florida corporation, herein- after referred to as "DEVELOPER", and SOUTHERN STATES UTILITIES, INC., a Florida corporation, hereinafter referred to as "SERVICE COMPANY," and the CITY OF WINTER SPRINGS, FLORIDA, a municipal corporation, WHEREAS, the parties hereto entered into an Agreement dated July 30, 1970, which allowed the SERVICE CO. to supply services to certain land owned by the DEVELOPER, and WHEREAS, the parties hereto have agreed to modify that certain Agreement as is hereafter set forth, and WHEREAS, the CITY OF WINTER SPRINGS, FLORIDA, has given a franchise to the DEVELOPER providing for the supplying of water and sewer services within certain portions of said city, and WHEREAS, the CITY OF WINTER SPRINGS, FLORIDA, and DEVELOPER and SERVICE CO. are desirous of establishing the jurisdictional limits of each of the areas to be covered by the respective parties, NOW, THEREFORE, for and in consideration of the premises and the mutual undertakings and agreements herein contained and assumed, the DEVELOPER and SERVICE CO. covenant and agree as follows: 1) That the SERVICE CO. shall be strictly bound by each and every of the terms set forth in the Agreement dated July 30, 1970, with the following exceptions: (a) SERVICE CO. shall not be required to provide water service to any property located within the subdivision of WINTER SPRINGS and WINTER SPRINGS UNIT II. 2) That the DEVELOPER hereby agrees to assume the responsibility for providing water service within the herein- below designated areas, i.e. The Subdivision of Winter Springs and Winter Springs Unit II. 3) The CITY OF WINTER SPRINGS, FLORIDA, hereby agrees to allow SOUTHERN STATES UTILITIES, INC. to function under the franchise provided to WINTER SPRINGS DEVELOPMENT CORPORATION pursuant to Ordinance No. 81 of the CITY .OF WINTER SPRINGS, FLORIDA, IN WITNESS WHEREOF, the parties herein have hereunto set their hands and seals on the date aforementioned. Signed, sealed and delivered in our presence: WINTER SPRINGS DEVELOPMENT CORPORATION BY: President ATTEST: Secretary As to Winter Springs De- velopment Corporation SOUTHERN STATES UTILITIES, INC. BY: President ATTEST: As to Southern States Utilities, Inc. Secretary As to City of Winter Springs, Florida CITY OF WINTER SPRINGS, FLORIDA BY: Granville Brown Mayor ATTEST: Mary T. Norton City Clerk AGREEMENT THIS AGREEMENT, made and entered into this 7th day of June, A. D., 1973, by and between WINTER SPRINGS DEVELOPMENT CORPORATION, a Florida corporation, herein- after referred to as "DEVELOPER", and SOUTHERN STATES UTILITlES INC., a Florida corporation, hereinafter referred to as "SERVICE COMPANY, " and the CITY OF WINTER SPRINGS, FLORIDA, a municipal corporation, WHEREAS, Developer and Service Company have entered into an Agreement dated July 30, 1970, and recorded in O. R. 809, Page 556, Public Records of Seminole County, Florida, which allowed the SERVICE COMPANY to supply services to certain land owned by the DEVELOPER, and WHEREAS, the CITY OF WINTER SPRINGS, FLORIDA, has given a franchise to the DEVELOPER providing for the developing of water and sewer within certain portions of said City, and WHEREAS, the CITY OF WINTER SPRINGS,FWRIDA, and DEVELOPER and SERVICE COMPANY are desirous of establishing the jurisdictional limits of each of the areas to be covered by the respective parties, NOW,THEREFORE, for and in consideration of the premises and the mutual undertakings and agreements herein contained and assumed, the DEVELOPER and SERVICE COMPANY, covenant and agree as follows: (1) That the SERVICE COMPANY shall be strictly bound by each and every of the terms set forth in the Agreement dated July 30, 1970, with the following exceptions: (a) SERVICE COMPANY shall provide water service to property located in the Plat of Winter Springs, as record- ed in Plat Book 15, Page 81 and 82, and the Plat of Winter Springs Unit II, as recorded in Plat Book 16, Pages 82 and 83, Public Records of Seminole County, Florida, only (b) SERVICE COMPANY hereby relinquishes and disclaims any right or priviledge to provide water service to any other lands located within the boundaries of the City of Winter Springs, notwithstanding any provisions to the contrary set forth in the Agreement recorded in O.R. 809, Page 556, above mentioned (2) That the DEVELOPER hereby ratifies and confirms that it will be responsible for providing water service within the franchise area of developer granted pursuant to Ordinance No. 81 of the City of Winter Springs (other than those areas specifically provided for in Paragraph 1 above). (3) That the CITY OF WINTER SPRINGS, FLORIDA, hereby agrees to allow SOUTHERN STATES UTILITIES, INC., to function under the franchise provided to WINTER SPRINGS DEVELOPMENT CORPORATION pursuant to Ordinance No 81 of the CITY OF WINTER SPRINGS, FLORIDA in Winter Springs and Winter Springs Unit II, as described in paragraph (1) hereinbefore. IN WITNESS WHEREOF, the parties herein have hereunto set their hands and seals on the date aforementioned. Signed, sealed and delivered in our presence: WINTER SPRINGS DEVELOPMENT CORPORATION By N Rossman President Attest: KB Merk Secretary Jacqueline E. Gordner Joan L. Smith As to Winter Springs Develop- ment Corporation SOUTHERN STATES UTILITIES, INC. By President Attest: Asst. Secretary As to Southern States Utilities, Inc. CITY OF WINTER SPRINGS, FLORIDA By: Granville Brown President Attest: Mary T. Norton Secretary Elsie Smith Ray Bradshaw As to the City of Winter Springs, Florida -2- STATE OF FLOHIDA COUNTY OF SEMINOLE: BEFORE ME personally appeared N. A. ROSSMAN ano KEITH B. MERK 'well known to me to be the President and Secrdary respectively of the corporation named as WINTER SPRINGS DEVELOPMENT CORPORATION in the foregoing Agreement, and that they severally acknowledged executing the same, in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this 26th day of September , 1973. Joan L. Smith Notary Public-State of Florida My commission expires: Notary Public State of Florida at Large My Commission Expires Sept. 14, 1976 STATE OF FLORIDA COUNTY OF SEMINOLE: BEFORE ME personally appeared TOM C KRAVITZ and DOLORES FONDO known to me to be the President and Secretary respectively of the corporation named as SOUTHERN STATES UTILITIES, INC. in the foregoing Agreement, and that they severally acknowledged executing the same,in the presence of two subscribing witnesses; freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this 25th day of July, 1973. Notary Public-State of Florida My commission expires: NOTARY PUBLIC, STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES May 5, 1974 STA TE OF FLORIDA COUNTY OF SEMINOLE: BEFORE ME personally appeared GRANVILLE BROWN and MARY T. NORTON well known to me to be the Mayor and City Clerk of the City of Winter Springs, Florida in the foregoing Agreement, and that they severally acknowledged executing the same in the presence of two subscribing witnesses, freely and voluntarily under authority duly vested in them by said municipality and that the seal affixed there- to is the true municipal seal of said City of Winter Springs, Florida. WITNESS my hand and official seal in the County and State last aforesaid this 7 day of June, 1973. DR Dobson Notary Public - State of florida notary Public State of Florida at large My commission expires June 9, 1975 -3-