HomeMy WebLinkAbout390-Urban Service-Amendment 24 '.: =3qO'
AMENDMENT TO CITY OF SANFORD/SEMINOLE COUNTY
URBAN SERVICE AREA AND. UTILITY' SERVICE PLANNING AREA
AMENDED AGREEMENT
THIS AMENDMENT is made and entered into this /~ day of
, 1996, and is to that certain Amended Agreement
made and entered into on the 13th day of December, 1993, between
SEMINOLE COUNTY, a political subdivision of the State of Florida,
whose address is Seminole County Services Building, 1101 East First
Street, Sanford, Florida 32771, hereinafter referred to as
"COUNTY," and the CITY OF SANFORD, whose mailing address is Post
Office Box 1788, Sanford, Florida 32772-1788, hereinafter referred
to as "SANFORD."
WITNESSETH:
WHEREAS, SANFORD and COUNTY entered into the above-referenced
Amended Agreement on December 13, 1993, to define long range
utility service planning areas, facilitate joint long range
planning and achieve the best economies of utility system develop-
ment; and
WHEREAS, the parties desire to amend the Amended Agreement so
as to enable both parties to continue to enjoy the mutual benefits
it provides; and
WHEREAS, Section 14 of the AmendedAgreement provides that any
amendments shall be valid only when expressed in writing and duly
signed by the parties,
NOW, THEREFORE, in consideration of the mutual understandings
and agreements contained herein, the parties agree to amend the
~.~.~:,;, '~ ~'2.~' CERTIFIED CO~
g 99G i MARYANNE MORSE
' CLERK OF C~RC~IT COU~
DE~T, OF F~!J3LY~ V '/4 '~,.5 M~x~.~COUNTY'~~
B
DEpUIy CLERK
1. Section 2 of the Amended Agreement is amended to read:
~
S~d~ION 2. DEFINITIONS. Parties agree that in construing
this Agreement the following words, phrases and terms shall have
the following meanings unless the context indicates otherwise.
2.1 "AGREEMENT" means the City of Sanford/Seminole County
Urban Service Area and Utility S~rvice Planning Area Amended
Agreement entered into on the 13th day of December, 1993, as
amended, and its predecessor Utility Service Agreement between the
City of Sanford and Seminole County dated October 18, 1990.
2.2 "COLLECTION FACILITIES" means those facilities located
within the Sanford Utility Service Planning Area, operated and
maintained by SANFORD and used to collect wastewater and transmit
it to the COUNTY's transmission and treatment facilities located
outside of the Sanford Wastewater Service PlanningArea as depicted
on Exhibit C.
2.3 "COUNTY WASTEWATER SYSTEM" means those transmission
facilities and COUNTY plant from. which SANFORD is receiving
wastewater service capacity on a wholesale basis and which are
operated and maintained by the COUNTY.
2.4 "COUNTY WATER SYSTEM" means those transmission facilities
and COUNTY plant from which SANFORD is receiving water service
capacity on a wholesale basis and which are operated and maintained
by the COUNTY.
2.5 "DISTRIBUTION FACILITIES" means those facilities operated
and maintained by SANFORD to receive potable water from the
COUNTY's transmission facilities at point(s) of connection along
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the Sanford Water Service Planning Area boundaries as depicted on
Exhibi~'~-2.
2.6 "GPD" means gallons per day on an average annual basis.
2.7 "POINT OF CONNECTION" is the location(s) where SANFORD
Distribution or Collection Facilities connect to COUNTY Water
Transmission Facilities or Wastewater Transmission Facilities.
2.8 "SANFORD WATER UTILITY SERVICE PLANNING AREA" shall be
that area depicted on Exhibits A and B-2 in which it is planned for
SANFORD to provide retail water service in accordance with the
terms of this Agreement. The COUNTY shall have the rights to
provide retail water service to all surrounding properties not
included in the Sanford Water Utility Service Planning Area.
2.9 "SANFORD WASTEWATER UTILITY SERVICE PLANNING AREA" shall
be that area as shown on Exhibits A and C in which it is planned
for SANFORD to provide retail wastewater service in accordance with
the terms of this Agreement. The COUNTY shall have the rights to
provide retail wastewater service toall surrounding properties not
included in the Sanford Wastewater Utility Service Planning Area.
2.10 "SANFORD UTILITY SERVICE PLANNING AREA" includes the
presently incorporated area of SANFORD and those areas of the
COUNTY surrounding SANFORD as depicted on Exhibit A, as further
detailed in Exhibits B-2 and C. In cases of apparent conflict
between Exhibit A and Exhibits B-2 or C, Exhibit B~2 or C shall
prevail over Exhibit A. In order to avoid significant utility
service inequities SANFORD and the COUNTY agree to cooperate in
providing efficient utility service to existing developed proper-
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ties located within five hundred feet (500') east or west Of South
Sanfor~'~venue by flexibility of retail service agency within that
area. The parties also agree, in cases of emergency or genuine
hardship, to consider further mutually agreeable geographical
extensions of this policy.
2.11 "WATER SERVICE CAPACITY" means the rate of potable water
flow, measured in GPD which one party wishes to buy from the other
party and which the Seller agrees to produce from its water system.
2.12 "WASTEWATER SERVICE CAPACITY" means the amount of
wastewater flow, measured in GPD, which one party wishes to buy
from the other party and which the Seller agrees to accept at its
wastewater system in accordance with the terms of this Agreement.
2.13 "WASTEWATER TRANSMISSION FACILITIES" means those lines,
pipes, lift stations, meters and appurtenant equipment used by the
COUNTY to transmit wastewater from the SANFORD collection facili-
ties to the head works of the COUNTY's water treatment facilities.
2.14 "WATER TPa~NSMISSION FACILITIES" means those lines, pipes,
water mains, meters and appurtenant equipment used by the COUNTY to
transmit potable water from the COUNTY plant to the point(s) of
connection with the SANFORD distribution facilities. These
point(s) of connection will be located at the water service area
boundaries as shown on Exhibit B-2.
2. Section 5 of the Amended Agreement is amended to read:
SECTION 5. REIMBURSEMENT FOR LAKE MONROE SERVICE AREA.
(a) SANFORD and the COUNTY acknowledge that the Lake Monroe
Utilities Service Area consists of approximately one thousand six
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hundred fourteen (1,614) acres. The long range Sanford Water
Servic~'~lanning Area includes approximately three hundred eigh6'
(308) of those acres, the long range Sanford Wastewater Service
Planning Area includes approximately two hundred one (201) of those
acres. SANFORD had agreed to pay to the COUNTY the sum of ONE
HUNDRED EIGHTY-FIVE THOUSAIqD SEVEN HUNDRED TWENTY AND NO/100
DOLLARS ($185,720.00) within forty-five (45) days of execution of
the original Agreement. Said sum has been paid. The sum consti-
tutes reimbursement to the COUNTY for the cost of those portions of
the Lake Monroe Utility Service Area now being assigned, for
planning purposes, by the COUNTY to SANFORD by this Agreement.
Further, said sum is calculated as detailed in Exhibit D of this
Agreement. Should any of the Sanford Utility Service Planning Area
hereby assigned to SANFORD, ultimately return to the COUNTY in
accordance with the terms of this Agreement, SANFORD shall receive
an appropriate refund based proportionally on the amount of acreage
returned to COUNTY and the calculation used in this Section.
(b) ' SANFORD agrees to pay to the COUNTY the sum of SIX
THOUSAND FOUR -HUNDRED THIRTEEN AND 85/100 DOLLARS ($6,413.85)
($237.55 an acre) as reimbursement for the costs of an additional
27 acres of the water service area included in the Lake Monroe
Utility Service Area now being assigned, for planning purposes, by
the COUNTY to SANFORD. Should any of the Sanford Utility Service
Planning Area hereby assigned to SANFORD, ultimately return to the
COUNTY in accordance with the terms of this Agreement, SANFORD
shall receive an appropriate refund based proportionally on the
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amount of acreage return to COUNTY and the calculation used in this
Section.
3. Exhibit B Of the Amended Agreement is hereby deleted and
Exhibit B-2 attached hereto is substituted therefor.
4. Except as herein modified, all. terms and conditions of
the AmendedAgreement shall remain i~ full force and effect for the
term of the Amended Agreement, as originally set forth in the
Amended Agreement.
IN WITNESS W~EREOF, the parties hereto have executed this
instrument for the purpose herein expressed.
ATTEST: CITY OF SANFORD
D ty Clerk ~E~E D. SMIT~, Mayor
BOARD OF COLrNTY COMMISSIONERS
v ~ MO ~ -
~~oard of DICK VAN DER WEIDE, Chairman
County Commissioners of Date:
Seminole County, Florida.
For the use and reliance As authorized for execution by
Approved as to form and sioners at i
legal sufficiency. 19y~, regular meeting.
County Attorney
SED/dre
Attachment
Exhibit "B-2"
041596
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