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HomeMy WebLinkAboutMidway-CanaanA1kil 1 1-18'709 OFFICE OF THE CITY MANAGER MEMORANDUM To: Mayor and Members of the City Commission FROM: Paul Moore, Utility Director r 1 VIA: Kristi Aday, Acting City Manager DATE: January 28, 2008 RE: Midway Canaan Water Users Association - Update As of January 7, 2008, the amount due from the Midway Canaan Water Users Association for past utility service is $59,652.90. This is an improvement on the past due amount of $69,652.90 on August 30, 2007. The past due utility service debt from the Midway Canaan Water Users Association is steadily declining. The association keeps their current bill paid on time and continues to pay down the past due amount each month. They pay $2,500 each month on the past due bill. If you have any questions, please let me know. Attachment: Utility bill summary diagram SAM OFFICE OF THE CITY CLERK MEMORANDUM TO: Commissioner Jack T. Bridges, Esquire FROM: Janet R. DougherW City Clerk DATE: January 19, 2007 RE: Midway -Canaan Water Contract Per your request, enclosed is a copy of the Water Purchase Contract with the Midway - Canaan Community Water Association, Inc., historical information, and the January 8, 2007, Agenda Memo. If I can provide further information, please do not hesitate to call me. Enclosures C: Mayor Kuhn Vice Mayor Dr. Williams Commissioner Woodruff Commissioner Jones City Manager Yehl MINUTES C.t Camm,,.0 Ssnfo,d, "�s Haz'ch 2B at S P. M. iy 66 On recommendation of,the City Mannger.that additional personnel be considered for the Utility Administration Office, due to an increase in work load with four clerks unable to keep abreast, Commissioner Baker moved to approve the employing of one temporary clerk j for the balance of the fiscal year, with an appropriation of $1,500.00 to be made to the respective salary account. Seconded by Commissioner Roberts and carried. On motion of Commissioner Baker, authorization was neat given for the City Manager to advertise for bids for the purchase and installation of an air conditioning system in the Sanford Public Library, seconded by Commissioner Roberts and carried. The City Manager presented a proposal for purchasing a parcel of land, squaring up City property, from the Florida Public Utilities Company, at a price of $440.68; $190.65 for the land and $250.00 closing cost, the latter to be deleted if the City Attorney closes the transaction. Property described as follows: - I: Beg. at the point 295.3 feet east of the SW corner of Cedar Avenue and Sixth Street, according to E. R. Trafford's Map of the Town of Sanford, VVV as recorded in Plat Book 1, pages 56-54, Seminole County Public Records, rum thence east 22.7 feet, thence south 42 feet, thence west 22.9 feet, thence north 42 feet to point of beginninnc. Containing 953.4 square p feet, more or less. Commissioner Baker moved to acquire the property as described, seconded by Commissioner Roberts and carried. Commissioner Raborn neat moved to authorize payment to Travelers Insurance Company,F lin amount of $11,235-00, 35.00, representing the City's share of contribution at 4% for 9 months and 5% for 3 months to cover the 1965 period for the General Employees Pension Plan, GR -665, k as budgeted in Accounts 9096 and 9196; seconded by Commissioner Baker and carried. i �enehConsideration next given the request of the Rev. Lynn H. Alford, Church of God, Avenue and 22nd Street, for a new construction across the City's utility easement, west of Holly Avenue from 22nd Street to 24th Street, the church to pay the total cost of !relaying the existing 12 -inch sewer line in cast iron. On recommendation of the City Manager,! - Dommissioner Raborn moved to approve the construction across the easement, provided the �. hurch pays the total cost of relaying the 12 -inch sewer line in cast iron. Seconded by ' I ommissioner Baker and carried. Water tank maintenance renewal contract proposals from Jack Sharpe, Jack Sharpe, 3 IInc., Orlando, Florida, were next submitted for consideration on the 13th Street water tank, !fy offering a six-year contract at $600.00 per year, painting each three years, or a twelve-year k pontract at $500.00 per year, painting each Your years. Commissioner Higginbotham moved to I' I u approve and accept the six-year contract at the cost of $600.00 per year. Seconded by Commissioner Baker and carried. Sam Smith, 1117 West Seventh Street, next appeared, presenting to the Commission a signed petition requesting the City pave and install the proper drainage on West Seventh i . Street from Pecan Avenue west. Commissioner Baker moved to approve the paving of West Seventh; t Street west, on the basis that those having signed the petition constitute the actual property wners and understand and agree to pay their one-third pro -rata cost of $2.17 per lineal foot f their property. Seconded by Commissioner Roberts and carried. The City Manager presented for review a proposed contract from the Midway -Canaan ommunity Water Association, Inc., acting under the Farmers Home Administration, requesting he City to supply water to them. H d 20 -- MINUTES City Commission, Sanford. Flo i April 11 at 8 P. M. 7g 66 The proposed City employees' salary review which was submitted at the prior meeting was neat presented for discussion. The City M.an.ager recommended consideration be given to revising and upgrading the City's present five-step salary classification of A through E, with consideration of a sixth and seventh step in increments of five per cent longevity for each five years after the fifth step. After discussion, Commissioner Baker moved to author- ize the City Manager to proceed to prepare a revised salary scale based on average hourly rate, as outlined in the proposed report, and present cost estimate to the Commission for further consideration. Seconded by Commissioner Roberts and carried. Raymond D. McGough appeared regarding a proposed Water Purchase Contract between the City of Sanford and Midway -Canaan Community Water Association, Inc., which was discussed at Commission meeting of March 28, 1966. He asked for clarification on the City's request for a clause of a right of a 60 -day notice to terminate the contract. This was clarified to mean terminate the service at the meter after a 60 -day delinquent notice for non-payment. The City Attorney pointed out that the City had not required a contract for the sale of water and the company would be served and billed as any other regular City water customer, in- cluding the termination of service for non-payment. Commissioner Baker moved that the City Manager and City Attorney clarify the amendments in the contract, and upon acceptance by the proper officials of the water company, the Mayor be authorized to sign the contract. Seconded by Commissioner Roberts and carried. The Police Chief gave a report regarding the inspection progress being made on taxicab vehicles for compliance with the regulations as set forth in the new taxicab ordi- nance, with a deadline to comply no later than April 12, 1966, or revocation of licenses. After discussion, Commissioner Higginbotham moved to limit and not to exceed the number of twenty-four (24) vehicles to be licensed and operated as taxicabs. Seconded by Commissioner Baker and carried. Under previous action to table a request of Johnny A. Lawrence to obtain a City .ense to operate a taxicab, Commissioner. Baker moved that after April 12, 1966, if other- lified, he be granted the first license becoming available under this twenty-four taxicab dt. Seconded by Commissioner Roberts and carried. The City Manager submitted a report on the recent meeting held with State Road �artment and Atlantic Coast Line Railroad officials concerning the City forwarding a reso- ion to the State Road Department citing the hazardous condition of the railroad signals the center of SR 46, East 25th Street at Orange Avenue, requesting the signals be as an rhead suspension or removed completely; stating the State Road Department would not provide rhead suspension or recommend the removal. However, the State would construct a 4 -foot e island, 6 inches high, for minimum of 100 feet each side of the center light standard, ch would be reflectorized and, if acceptable, written acknowledgment would be required m the City. On recommendation of City Manager, Commissioner Higginbotham moved the City accept, er protest, the proposal as outlined, contingent that City still considers the center nals as hazardous but feels that there is no alternative. Seconded by Commissioner Baker carried over the dissenting vote of Commissioner Roberts. Neat submitted was a letter from R. T. Milwee, Superintendent of Seminole County Schools, stating that the School Board was in the process of purchasing Chase Grove e�toDC RATEURONGARR1Y WS RM X Item No_ 9.A City of Sanford, Florida CITY COMMISSION MEMORANDUM 07-002 JANUARY 8, 2006 AGENDA To: Honorable Mayor and Mem ers of the City Commission PREPARED BY: Paul Moore, Utility Direct r SUBMITTED BY: Robert (Sherman) Yehl, 'ty Manager SUBJECT: Midway Canaan Community Water Association SYNOPSIS: A quarterly report on the utility debt for the Midway -Canaan Community Water Association has been prepared. FISCAL/STAFFING STATEMENT: As of December 20, 2006, the total amount due on the Midway -Canaan Community Water Association account is $76,765.33. r BACKGROUND: On September 11, 2006, an update report was presented to the City Commission concerning the debt on the Midway -Canaan Community Water Association account. The debt as of August 22, 2006 was $73,520.40. This amount showed a reduction from their March debt of $77,575.41. Since September 2006 little progress has been made in reducing this debt. Attached is a summary report showing the billed amount and the payments over the last 10 months. LEGAL REVIEW: N/A RECOMMENDATION: N/A SUGGESTED MOTION: None attachment 1 AJOJI AdOJ AJOJ Otl7% I Otl3% � 1083X OGI.-i% WARREN E. KNOWLES CITY MANAGER Mr. Ramon McGough P.O. Box 1448 Sanford, Florida Dear Mr. McGough: Gt�. 0f Sanford, fijorld Commission -Manager Plan May 31, 1966 Re: Midway Water System Attached are copies of the City of Sanford water rate schedules dated January 1, 1966. This is the current schedule and the one referred to in the executed contract. Please see that a copy is attached to each copy of the contract. Following are examples of the monthly billing the Midway Association may expect: Gallons of water used Monthly Bill 10,000 $ 6.56 50,000 24.56 100,000 43.31 250,000 88.31 1,000,000 279:56 1,200,000 330.56 Although this may appear as a large.water bill, I assure you it is not. As an example, 200 customers, averaging 6,000 gallons per month, would use 1,200,000 gallons. The bill to the city would be $330.56. However, if the Association used the same rate schedule, 6,000 gallons would be $4,46/month for each of the 200 customers. This would provide total revenue to the Association of $892.00; paying the City $330..56; leaving the Association $510.44 to cover operational and debt, costs. Very truly yours, CITY OF SA ORD WEK/mjh /encls. W. E. Knowles C/C: Mr. Mack N. Cleveland, Jr. City Manager Finance Director CITY OF SANFORD January 1, 1966 (Monthly Billing INSIDE OUTSIDE CITY CITY WATER RATES: Monthly LIMITS LIMITS 0 - 4,000 gals 56%4 -100 gals 2.27 (min) 3.41 (min) 4,001 - 5,000 2.62 3.93 4,001 - 6,000 2.97 4,46 6,001 - 7,000 350-1000ga1 3.32 4.98 7,001 - 8,000 3.67 5.50 8,001 - 9,000 4.02 6.03 9,001 - 10,000 4.37 6.56 10,001 - 50,000 .30/1,000gals 50,001 - 100,000 .25/1,000 gals. Resident 100,001 - 250,000 .20/1,000 gals. Rate plus 250,001 - and over .17/1000 gals 50/ Fire hydrant rental of $50/year/hydrant. SEWER RATES: Monthly Based on gallons of water used 0 -- 4,000 1$ 2.35 (min.) 3.06 (min) 4,000 - 5,000 2.42 3.15 5,000 - 6,000 2.63 3.42 6,000 - 7,000 2.80 3.64 7,000 - 8,000 3.01 3.91 8,000 - 9,000 3.18 4.13 9,000 - 10,000 3.34 4.34 Over 10,000 3.34(max.) 4.34(max) For single family residences Users other than single family residence _ over 10,000 gallons to be 68% of the water billing for that period. as Sanford, Fio' o� The Celery City PiQ� Commission4Vcanager Plan P.O. Mon, Z rIm-ic-2 7 7 i "=O� j A:z n7nit wor the rulas tdth tI.-tz City 0-n C-ty th c; cm -- W=e the VU: Vill yn� v n of 1��-wcx T" -A, �! note. wotcr, W 1: tater vnxva a -z: cta. 'pl,"m La o-dImIV.ed to -,!,a to r...:a mstsx be bIlIcs 15a d fin :aIi On ratc�n 'n-n'�' T*L"I�c� W.Ul 4a no 0%- flou"; c --ay mo'= -c' tla-n Lia to -=Lte. to 0t". -e-*--- -03 til AdOO ObI3. 1 OL3x Od3x Obalx I -L'. IDzek 13. clavaland, JI... U/10/65 L t tornoy at Lv..7 Rg Water praldsiorls to ---------------------------------------------- ---------- yd . You w-lsslh r�� 1.-0 -Y�- LUZthe. 1 Attofney 2.zidny, 1 -.1111 ba glad to for tka do so. c-, co�,= 2 li" ,tjgr�,O-A 'lly r'Dr your sat this lalt.) 'Ad ---,Iy furrthav -=nps of lra.a'a--ral -utllity �,C tllo-c- O. -S t17e public hauoin�-,. U.n. 'am7a Bcar. lunat. Vary k--L'UlY YOU2�3, CZITY27 0:11 ss"IZVOID I,% n. lawales City Hunagar l izi NIM h Original io be � led i n cc..,j' on 3-I5-Gq by C`t,3 PR+Y, Cc+y ratty. `f >d t COI berf 0n 3-1y -94[ CITY OF SANFORD, FLORIDA, a Florida Corporation, Plaintiff, VS. MIDWAY-CANAAN COMMUNITY WATER, ASSOCIATION, INC., a Florida Corporation, Defendant. IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT, IN AND FOR SEMINOLE COUNTY, FLORIDA CASE NO. 92 -1311 -CA -15-L JOINT STIPULATION FOR ENTRY OF FINAL JUDGMENT Plaintiff and Defendant jointly stipulate and agree to the entry of Final Judgment as follows: 1. The parties wish to amicably resolve all disputes arising out of the above -styled cause of action. 2. Defendant agrees and acknowledges that the sum of ONE HUNDRED FORTY -S V� THOUSAND �v F&H HUNDRED NINETY AND 91/100 Imi4S99O.(?I ($147,490.9il is in arrearage and is due and owing to Plaintiff. 3. Defendant agrees to pay to Plaintiff the sum of ONE THOUSAND FIVE HUNDRED ($1,500.00) per month from March 1994 until March 1997 and the sum of THREE THOUSAND ($3,000.00) per month from April 1997 and for each and every month thereafter until such time 0 i=1 V is a that therrearage in the amount of ONE HUNDRED FORT-SFAIEN �JI� THOUSA -Fe13R� HUNDRED NINETY AND 91/100 is completely paid to Plaintiff.l #24His,990,gI (J(Gt.,� n�-t '�-(2 �Y�.U.�.- ��.o � t c�.e.. 17 �.,�er�lc�. ►rte LU� m�n�l ��ll� iso., ba`1anc�s. 4. Defendant agrees to timely pay the current monthly wholesale water bills from Plaintiff in addition to timely paying the sums stated in Paragraph 3, herein, towards the arrearage amount owed Plaintiff. Defendant agrees that any money paid to Plaintiff for water shall be applied against its current monthly water bill first, and against any arrearage amount second. 5. If Defendant fails for any reason to perform the agreements or make the payments required in paragraphs 2 through 4, herein, then Defendant acknowledge and agree that Plaintiff, with ten (10) days written notice to Defendant, shall refuse to sell water to Defendant and shall turn off the water to Defendant until %�Y >:IvE Flue R such time that the sum of ONE HUNDRED FOR Y-S�E�EN-THOUSAN •F9E3R- HUNDRED NINETY AND 91/100 ($146-9i) has been paid in full to Plaintiff. 1114145,990 9/ 6. Within sixty (60) days of signing this Joint Stipulation, Defendant agrees to amend its corporate by-laws to create a new position on its Board of Directors to allow Plaintiff to appoint an ex-officio board member to serve on Defendant's Board of Directors X until such time that the arrearage in the amoun of $ 11,Go ai is completely paid to Plaintiff. 7. Defendants acknowledge and agree that Defendant shall retain a qualified accountant to prepare monthly financial statements, payroll documents and Form 990 and that Defendant shall provide Plaintiff with access to said financial documents. Defendants acknowledge and agree that the accountant hired by Defendant shall be authorized to release copies of said financial --2-- Case No. 92 -1311 -CA -15-L documents to Plaintiff upon a written request from Plaintiff. 8. Defendant acknowledges and agrees that Defendant owes Mr. William Royster, CPA, the sum of FORTY ��T11��HOUSAND gqFOUR HUNDRED TEN AND N01100 ($40,410.00) for his servidks� � Mach 1994 to Defendant as a court appointed Receiver. Defendant agrees to pay ONE THOUSAND FIVE HUNDRED ($1,500.00) a month to Mr. Royster beginning in April 1994 and continuing for each and every month thereafter until such time as rrMr. Royster is paid the total sum of $40,410.00 by Defendant��C' �e�l a� (C1LPp ay T --N TI -AND DO i P4G (0�o, (3()().. oa in /I2 2Cb1 Ia4M _/0m2. QOCIC'l _ 7-HL- 9. Each party acknowledges and agrees that attached hereto as Exhibit "A" is the proposed Final Judgment which has been approved by both parties as to form and content and that the proposed Final Judgment may be entered by the Court without further notice. MIDWAY-CANAAN COMMUNITY WATER ASSOCIATION Wit ss: Title: Dated: AVzx/%Z,,, CITY OF SANFORD By: L! l .. I e Title: �4_yz>/�x' Q Dated: ; na LGL `Z,/ F:\FILES\SANFORD\PLEADING\TNT-STIP.MC Witness: J e,PufY (f le roti --3-- Case No. 92 -1311 -CA -15-L TO: BILL SIMMONS, CITY FROM: DONNA L. McINTOSH, RE: MIDWAY-CANAAN WATEF _wiv ARREARAGES DATE: JANUARY 8, 1992 RIECEIVIM JAN 2 4 192 PLY iF_��ANFORQ As requested, we have researched options available to the City to collect the money due the City from the Midway -Canaan Water Association. It is our understanding that the amount due the City is presently near $22,000.00. We recommend that the City file a lawsuit against the Midway -Canaan Water Association asking the Circuit Court for two remedies: (1) for a judgment against the Water Association for the arrearage amount owed the City and (2) for appointment of a Receiver to take charge of the Midway -Canaan Water Association. The Midway -Canaan Water System has deteriorated to the point where leakage and other maintenance issues have become a serious problem. A receivership is necessary for preservation of these properties and to prevent further deterioration. Additionally, the Midway -Canaan Water Association is not financially able to respond to payment of the money due the City. A Receiver would be able to operate the Water Association to successfully respond to the judgment that may be entered against the Water Association by the City and prevent the accrual of further arrearage amounts. We believe that a court-appointed Receiver would solve the serious problem that would be created if the City used its regular procedure for nonpayment - termination of water service until all arrearages have been paid. If The City Commission authorizes this lawsuit, we recommend that Seminole County be contacted to see if their Utility Director or a designee would volunteer to serve as the Receiver for the Midway -Canaan Water Association. � v DIM Y �N W - DATE 1 v ITEM ' I I CITY OF SANFORD UTILITY DEPT. CITY OF SANFORD UTILITY DEPT. ( 1 !( DATE READ: BILLING BILL DATE: P.O. Box 2897 PRESORTED F9Y DAYS: Sanford, Florida'_2772-2897 Telephone: 330-5630ageEmergency/After Mail1/13/`�2 ' 3 5 1 / 2 4/ 92 Hours: 322-4194 -METER 35145 CON1Sl16py�p� Ip�1OFFICE O G� J HOURS:Fla.READING: r V 8:30 A.M. TO 5:00 P.M.[,F,,, MON. - FRI. 633 y � j SERVICE (PER 1000 GALS.I ADDRESS SIPES STATiOfv DESCRIPTION WATER BASE CHG AMOUNT 213.77 METERED WATER 11032.41 NATER USERS ASSOC LATE PAYMENT FEE 444.00 SANFORD BOX 1322 FL 327721322. PAYABLE UPON RECEIPT. ALL PAYMENTS MUST BE RECEIVED IN CITY HALL ON DUE DATE. G 5 CURRENT CHARGES: 117 JOaO3 14/ 9 PASTDUE CHARGES: 4123109b RETURN THIS PORTION WITH PAYMENT EE TOTALAMOUNTDUE FJEA 529310 99 TOTAL AMOUNT DUE 52931.99 ((��y 4 /9 NIGHT OEVOER EO% RVNIABIE AiTHE -S OE OF C W HnFE nooaroru�aEcoHUEm FEE ADDRESS eE /SEESEED TO FENT SEFNCE C[�SERVICE SIDES STATION .. ACCOUNT NUMBER 110090-111075 04/01 - ACCOUNT NUMBER 110090-111075 ' SEE REVERSE SIDE I .f '�l ro D 0 m D 1 y a c 0 D o' y S J. z 3 S a 'D D V :2 3 o S 0 T V d d fD N N O O m V V cn v W z D � n g . n oa o m a o = O C m 30 n 30 n a 3 m v 3 j am m < O o m 0 J. z 3 3 V oD g . n oa `A of Sanford, Fjorjd GP.O. Box 1 778 - 32772-1778 d Telephone (407) 330-5601 Fax (407) 330-5666 FAX wl- Jor► -�ofia�o e /- C11-12, "The Friendly City" OU3x I ALOJ I AJOJ OU]% - OU]% � �OH3X OL1:1X WATER PURCHASE CONTRACT This Contract for the sale and purchase of water entered into this 16th day of May A.D. 1966, by and between the MIDWAY-CANAAN COMMUNITY WATER ASSOCIATION., INC., i a Florida corporation, hereinafter referred to as the "Association", and the CITY OF SANFORD, FLORIDA, hereinafter referred to as the "Cit "• Y WITNESSETH: Whereas, the Association has been incor- porated, organized and established under the laws of the State of Florida for the purpose of constructing and operating a water supply distribution system serving water users within the area described in plans now on file in the office of the Association, C and to accomplish this purpose, the Association will require a supply of treated water, and WHEREAS, the City owns and operates a water supply distribution system with a capacity currently capable of serving the present customers of the City system and the aforementioned number of water users to be served by the said Association as shown in the plans of the system now on file in the office of the Association, and in consideration of the terms, provisions and covenants contained herein the parties hereto do mutually agree as follows: 1. Subject to the terms and conditions hereinafter set forth, the City shall sell and deliver to the Association, and the Association shall purchase and.receive from the City, water service (hereinafter called service) requested by the Association from the City at the premises to be served here- ..J • . e� 1 t. � Llt A.IOJ A�.IOJ I I A.JOJ • Oa ]% OaJ%I Oa]% under (hereinafter called the service location), all in accordance with water service specifications attached hereto and made a part hereof. The point of delivery will be at the northeast corner of Mellonville Avenue and Twenty-fifth Street. 2. This contract shall continue in effect from the commencement of service and thereafter until terminated at the option of the Association by the giving of not less than sixty (60) days advance written notice of the effective date of termination. 3. (a) For and in consideration of the faithful performance of the stipulations of this contract, the City shall be paid by the appropriate officer of the Association for service herein contracted for, at the rates and under 4 `the terms and conditions herein set forth; provided, that the Association shall be liable for the minimum monthly charge specified in this Contract commencing with the billing period in which service is initially furnished thereto and continuing until this contract is terminated, except that the minimum monthly charge specified in this contract shall be equitably prorated for the billing period in which commence- ment and termination of this contract shall become effective. (b) The City hereby declares that said rates are not in excess of the lowest rates now available to any prospective customer under like conditions of service, and agrees that during the life of this contract the Association shall continue to be billed on the lowest available rate for similar conditions of service. (c) •Payment shall be made within thirty (30) days after the receipt-.- f the monthly bill from the CITY OF SANFORD. -2- .ndOD i~ AdOO OL3x lOa3x Ol3x (d) All bills for service shall be paid without penalty or interest and the Association shall be entitled to any discounts customarily applicable to payment of bills by all customers of the City. (e) Invoices for service rendered hereunder shall contain statements of the meter readings at the beginning of the billing period, meter constants consumption during the billing period. 4. Measurement of Service. (a) All service furnished by the City shall be measured by suitable metering equipment of standard manufacture, to be furnished, installed, maintained and calibrated by the Association at its expense. When more than a single meter is installed at the service location, the readings thereof shall be billed conjunctively. In the event any meter fails to register or registers incorrectly the service furnished there -through, the parties shall agree upon the length of period during which such meter failed to register or registered incorrectly, and the quantity of service delivered there -through during such period and, upon agreement, an appropriate adjustment based thereon shall be made in the Associationis bills. For the purpose of the preceding sentence, any meter which registers not more than two (2) per cent slow or fast shall be deemed correct. (b) The City, so far as possible, shall read all meters at periodic intervals of approximately thirty (30) days. All billings based on meter readings of less than twenty-seven (27) days or more than thirty-two (32) days shall be prorated accordingly. -3- IIIt1J t/ 0.:Ix I +I O.DX I ' Ol1JXI 021:1% IOtIJX 5. Meter Test. The City at its expense shall periodically inspect and test the Master Meter installed at the point of delivery by the Association at intervals not exceeding three (3) years. At the written request of the. Association, the City shall make additional tests of the Master Meter in the presence of Association representatives. The cost of such additional tests shall be borne by the Association if the percentage of error is found to be not more than two (2) per cent slow or fast. o meter shall be -plA edi.n service or allowed to remain in service which has an error in registration in excess of two (2) per cent under normal operating conditions. 6. Change in Volume or Character. Reasonable notice phall, so far as possible, be given by the Association ,to the City respecting any material changes proposed in the volume or characteristics of the utility service required at each location. 7. Continuity of Service and Consumption, (a) The City shall use reasonable diligence to provide a regular and uninterrupted supply of service at the service location, but shall not be liable for damages, breach of contract or other- wise to the Association for failure, suspension, diminution or other variations of service occasioned by or in consequence of any cause beyond the control of the City, including but not limited to acts of God or of the public enemy, fires, floods, earthquakes or other catastrophies, strikes or failure or breakdown -of transmission or other facilities; provided, that when any such failure, suspension, diminution, or variation or service shall aggregate more than ten (10) hours during -4- ..,..IOJI A�IOJ Ii. ..,I A•JOJ� wJ UU.1% OtJJ% ' Otl.l% 4•J t% any billing period hereunder, an equitable adjustment shall be made in the monthly rates specified in this contract (including the minimum monthly charge). (b) In the event the Association is unable to, operate the service location in whole or in part for any i cause beyond its control, including but not limited to acts of God or of the public enemy, fires, floods, earthquakes or other catastrophies, or strikes, an equitable adjustment shall. be made in the.monthly rates specified in this contract (including the minimum monthly charge) if the period during which the Association is unable to operate such service location in whole or in part shall exceed fifteen (15) days during 'any balling period hereunder. 8. For all service furnished.under this contract to the service location the Association shall pay the City at the rate schedule for non-resident service (see water speci- fication sheet attached hereto and made a part of this contract). 9. For purposes of charges under Paragraph 8, any demands due to faulty operation of,.or excessive of fluctuating pressure on, the City's system shall not.be included as part of the Association's demand. 10. Change of rates. (a) In the.event.the:C.ity, during the term of this contract, shall make effective any new rate schedule or amended rate schedule applicable to the class of service furnished the Association at the 'service location which may contain any change of rates pertaining to the Association for such a class of service, the City shall forward to the contracting officer or officers of the Association a copy.of such rate schedule or amended rate schedule within"Aiteen (15) days after the effective date -5- 1 �'A••IOJ,IJ AJOOiAJOO I IA•1O;i OtlJ%1 OtJ3%. 10113% OtlJ% thereof, and shall substitute such rate schedule or amended rate schedule for the rate schedule then in effect hereunder for such service location, commencing with the nextbilling period. (b) In the event of a permanent change in the class of service furnished the Association at the service location, service shall, effective sixty (60) days after written request is made by either party or at such other time as may be agreed upon., thereafter be furnished to such service location at the lowest available rate schedule of the City which is applicable to the class of service furnished following such permanent change. 12. Assignment of Claims. No claim under this contract shall be assigned. s" 13. Disputes. Except as otherwise provided in.this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the City Commission of the City of Sanford, Florida, whose decision shall be final. 14. Conflicts. To the extent of any inconsistency be- tween the provisions of this contract, and any schedule, rider or exhibit incorporated in this contract by reference or otherwise, or any of the City's rules and regulations, the provisions of ,,this contract shall control. IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day and year first above written. MIDWAY-CANAAN COMMUNITY WATER ASSOCIATION, INC. Attest: l , resident / ,Secretary ' C CITY -OF ANFORD,;FLOBIDA /J is Attest: /16 C Mayor Ci y Clerk -6- CITY OF SANFORD January 1, 1966 (Monthly Billing INSIDE OUTSIDE CITY CITY WATER RATES: Monthly LIMITS LIMITS 0 - 4,000 gals 563/4 -100 gals 2.27 (min) 3.41 (min) 4,001 - 5,000 2.62 3.93 4,001 - 6,000 2.97 4.46 6,001 - 7,000 350-1000ga1 3.32 4.98 7,001 - 8,000 3.67 5.50 8,001 - 9,000 4.02 6.03 9,001 - 10,000 4-.37 6.56 10,001 - 50,000 .30/1,000gals 50,001 - 100,000 .25/1,000 gals. Resident 100,001 - 250,000 .20/1,000 gals. Rate plus 250,001 - and over .17/1000 gals 50/ Fire hydrant rental of $50/year/hydrant. SEWER RATES: Monthly f Based on gallons of water used 0 -- 4,000 $ 2.35 (min.) 3.06 (min) 41000 - 5,000 2.42 3.15 5,000 - 6,000 2.63 3.42 6,000 - 7,000 2.80 3.64 7;000 - 8,000 3..01 3.91 8,000 - 9,000 3.18 4.13 9,000 - 10,000 3.34 4.34 Over 10,000 3.34(max.) 4.34(max) For single family residences Users other than single family residence over 10,000 gallons to be 68% of the.water billing for that period. MAILING ADDRESS CITY OF SANFORD IST OFFICE BOX 1788 RD, FLORIDA 32772-1788 'HYSICAL ADDRESS CITY HALL NORTH PARK AVENUE RD, FLORIDA 32771-1244 TELEPHONE 407.330.5602 FACSIMILE 407.330.5616 WEBSITE VW.CI.SANFORD.FL.US CITY COMMISSION LINDA KUHN MAYOR ART WOODRUFF DISTRICT 1 VELMA H- WILLIAMS 7RICT 2, VICE MAYOR RANDY JONES DISTRICT 3 JACK T. BRIDGES DISTRICT 4 CITY MANAGER ERT (SHERMAN) YEHL OFFICE OF THE CITY MANAGER January 31, 2007 Mr. Bernard Hudley President Midway -Canaan Community Water Association PO Box 1322 Sanford, FL 32772-1322 RE: Past -Due Utility Account Dear Mr. Hudley: This Ietter will formally serve to notify the Midway -Canaan Community Water Association that your utility bill payment to the City is past due. At the City Commission Work Session on January 22, 2007, the Commission discussed the need to present a business plan showing how the Association will pay the over $75,000 debt to the City. This business plan needs to be submitted within 60 days. This business plan also needs to include a budget with projected revenues and expenses. As discussed at the meeting, there is a need for the rates charged to your customers to be adjusted. Without reasonable assurances that the current bills will be paid and the past due amounts reduced, the City will be forced to take legal action. Should you have any questions concerning this matter, please contact Paul Moore, Utility Director, at 407.330.5640. Sincerely, Robert (S an) Yehl City Manager C: Mayor and City Commission Manager, Midway -Canaan CWA Utility Director City Attorney else i&,tW(.ty eav To: PREPARED BY: SuBMiri'ED BY: SUBJECT: City of Sanford, Florida CRY COMMISSION MEMORANDUM 07-082 MARCH 26, 2007, AGENDA Ws (— RM Item No. S Honorable Mayor and Members of the City Commission ` Bill Marcous, Utility Meer, Paul Moore, Utility Director Robert (Sherman) Yehl ity Manager Midway Canaan Community Water Association SYNOPSIS: Discussion of the utility account debt by the Midway Canaan Community Water Association_ F'ISCALISTAFFING STATEMENT: N/A BACKGROUND: Joe Starling attended the January 22"d work session to discuss the Midway Canaan Community Water Association account_ The Commission directed the City Manager to write a letter requesting a business plan to reduce the debt. The letter was sent to Bernard Hudley, President of M-CCWA, on January 31, 2007 (see attached)_ A business plan needs to be submitted within 60 days of the letter. The business plan has yet to be submitted_ Since January 22"d, account activity includes seven payments amounting to $13,000, and leak related credit of $1,313.70, the resulting current balance on the account is $78,366.55. Midway Canaan Community Water Association has recently increased monthly water rates by $5.00 per account. LEGAL REvww: N/A RECOMMENDATION: N/A SUGGESTED MOTION: NIA ATTACHMENTS: N/A > Z� 75 To: City of Sanford From: Midway Canaan Water Association Board Subject: Account Update January 22, 2007 To City Manager Since our last meeting we have paid the city approximately $50,000.00. This amount represents our agreement to keep the current bill paid. -We have been successful in keeping the current bill in a satisfactory status; however our efforts to pay down the arrears has fallen short. Monthly Expensive: • Our customer based is approximately 550 customers • Our monthly deposit average $11,500 • Our monthly payment to the city @ $2,000 weekly • Our expenses $3,500.00 4 employees $500.00 utilities/24 hour answering service City Billing: • Our average bill from the city is $7,500.00 • Our bill cycle with the city is every 3 weeks. Collections Outcomes: • 75% of our collections take about 2 weeks. • The other 25% takes the remaining 2 weeks. December's non -collections: • Deaths $204.20 (2) • Move -outs $2,562.00 (15) • Turn-offs $1,479.21 (11) • Behind on accounts making payments 1,351.90 (2) Additional Revenue Source: • We are presently working with Global Express (Federal Express) to become a payment center for FPL and Southern Bell customers. • Block Grant for Hydrant replacement. Problem Areas • We have several reports of unauthorized use of water (Hydrants) - -IMEUMM GUM i - 'e� r7.oRtW► di City of Sanford, Florida CITY COMMISSION MEMORANDUM 07.026 JANUARY 22, 2007 AGENDA TO: Honorable Mayor and Me bers of the City Commission PREPARED BY: Paul Moore, Utility Dir or SUBMii'mD BY: Robert (Sherman) Ye ity Manager SUBJECT: Midway Canaan Community Water Association r WS _X ff�� S�RM Item No. W F"• .. SYNOPSIS: Discussion of the utility account debt by the Midway Canaan Community Water Association. FISCAL/STAFFING STATEMENT: The utility account debt for the Midway Canaan Community Water Association is $79,347.84 as of January 12, 2007_ BACKGROUND: At the January 8, 2006 City Commission meeting it was requested that representatives from the Midway Canaan Community Water Association Board be invited to the next Commission work session_ Letters were sent to Mr. Joe Starling, Manager and Mr. Bernard Hadley, President, of Midway Canaan Community Water Association inviting them to the January 22nd work session. The Utility Director also spoke to Mr. Starling inviting him to the meeting. LEGAL REVIEW: N/A RECOMMENDATION: N/A SUGGESTED MOTION: N/A 1• � t � �....�1`t��.+� { r1.i . f •.,t • '�f'"��Fn"'T;.7.La.frti zfi'.�va w.✓'s�yK'ti'sr'd i , ti= �' ii 111 It "���•"�"�� - 1 1, -• tit It �v � �s`�,'°"z`�� tt! t a Ham` s5 T •ssi. • r 1 • - - • vt."JSLsC. i t'i'i / i �� u � �r - 1 1•- i"t•1 1 1 �"�� a a�Pn� i • - FI ! , ! ����=3''nc^"'�e" f;i map �_ .Ky' 4vr 3.xf.�--xi ` 1 • � • i / , 1 +tom ��'���` '� f City of Sanford, Florida CITY COMMISSION MEMORANDUM 07-002- JANUARY 7-002JANUARY 8, 2006 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Paul Moore, Utility Direct r SUBMITTED BY: Robert (Sherman) Yehl, 'ty Manager SUBJECT: Midway Canaan Commututy Water Association SYNOPSIS: WS _ RM _ X Iters No_ --- 9 -A- A quarterly report on the utility debt for the Midway -Canaan Community Water Association has been prepared- FISCAL/STAFFING STATEMENT. As of December 20, 2006, the total amount due on the Midway -Canaan Community Water Association account is $76,765.33. BACKGROUND: On September 11, 2006, an update report was presented to the City Commission concerning the debt on the Midway -Canaan Community Water Association account_ The debt as of August 22, 2006 was $73,520.40. This amount showed a reduction from their March debt of $77,575.41. Since September 2006 little progress has been made in reducing this debt. Attached is a summary report showing the billed amount and die payments over the last 10 months_ LEGAL REVIEW: N/A RECOMMENDATION: NIA SUGGESTED MOTION: None attachment MIDWAY WATER USERS ASSOCIATION $73,520.40 DATE ACTION AMOUNT PAID RUNNING BALANCE 8/18/06 PAYMENT (4,00000) 8/11/06 PAYMENT {2,000 00} 815/06 ADJUSTMENT (12 70) ' 7/31/06 PAYMENT 2,000 00)? 7/27/06 BILL 6,525 47 7/27/06 ADJUSTMENT (907.32) 7/21106 PAYMENT 7/17/06 1PAYMENT (2,000-00) 7/10/06 PAYMENT 6/29/06 PAYMENT (2,000-00) ": 6/22/06 BILL 7,530 67 = $89,J4 95 6/21/06 PAYMENT (2,000-00) 6/12/06 PAYMENT (2,000-00) $78;84:28 5/25/06 BILL 6,623-35 $80;84 28 5/22/06 PAYMENT (2,000 00) 5/17/06 PAYMENT (2,000 00) $5;760 93 5/10/06 PAYMENT (2,000-00)$77;760 93' 5/1/06 PAYMENT 2,00000) $9,1093 4/28/06 ADJUSTMENT (422-92)$ 1,760'9 4/28/06 ADJUSTMENT 933.04) ' .; $$ 13$5 4/27/06 JBILL 6,941 48 4/17106 PAYMENT (1,000-00) 41' 4/7/06 PAYMENT (1,400 00)$77r1:75 41 3/23/06 BILL 7,381.96$78, -1&0 -.--- �ilip101t 4ililYAT !_ ___ City of Sanford, Florida CITY COMMISSION MEMORANDUM 06412 SEPTEMBER 11, 2006 AGENDA To: Honorable Mayor and Mem ers of the City Commission PREPARED BY: Paul Moore, Utility Direr r SUBMi TED BY: Robert (Sherman) Yehl, 'ty Manager SUBJECT: Midway -Canaan Commilffity Water Association SYNOPSIS: WSX RM_ Item No. W v 1_ A report on the utility debt for the Midway -Canaan Community Water Association utility account has been prepared. FISCAL/STAFFING STATEMENT: As of August 22, 2006 the total amount due on the Midway -Canaan Community Water Association account is $73,520.40. BACKGROUND: On April 24, 2006 a presentation was made to the City Commission concerning the growing utility debt by the Midway -Canaan Water Association. The information presented showed a debt of $78,575.41 as of March 23, 2006_ The Board President and the Manager of the Association presented their plan to improve debt payments to the City. The City Commission accepted their plan and requested a review of their account in 90 days. As of August 22, 2006, progress has been made to reduce the Association's debt. The debt had decreased from $78,575.41 in March to $73,520.40 in August. This is approximately an average decrease of $I000 per month, but fluctuates each month. Attached is a summary of the bills, payments and debt during this time frame. LEGAL REVIEW: NIA RECOMMENDATION: None, for information only. Excerpts of City Commission Minutes regarding Midway -Canaan Community Water Association's utility account September 11, 2006 Work Session 4) Discussion regarding Midway -Canaan Community Water Association's utility account. [Commission Memo 06-4121 The Commission concurred that the Association continue to provide an update every ninety days. January 8, 2007 Regular Meeting 9) A) Quarterly Report: Midway -Canaan Community Water Association. [Commission Memo 07-002] The Commission asked City Manager Yehl to invite representative(s) of the Association Board to attend the next Work Session to address the problem of its utility debt. January 22, 2007 Work Session 2) Discussion with Midway -Canaan Community Water Association representatives. [Commission Memo 07-026] Association representative Joe Starling distributed and reviewed an Account Update dated January 22, 2007. There was a consensus of the Commission that City Manager Yehl write a letter to the Association Board requesting a business plan for reducing its debt to the City. March 26, 2007 Work Session 1 } Discussion regarding Midway -Canaan Community Water Association. [Commission Memo 07-082] Vice Mayor Williams said that she will have a community meeting in Midway within the next week to speak with the residents, ministers, and presidents of organizations to apprise them of the Association's outstanding utility debt and present the time line of facts and figures. She requested that City Manager Yehl and Utility Director Moore also attend the meeting. Mayor Kuhn requested that Mr. Starling and the Association Board president be present at the next Work Session, that the Board come up with a definitive plan to present to the City, provide the corporate structure of the Board, and provide a list of customers and addresses.