Loading...
013-Mid-Canaan Community Water Assoc.-Water Purchase Contract , // # ill.. ., . .~: . ,I' ...l< ...~ . AdO'::> f' . p<l:JX l... ~~~~l I AdO:> IO~3X ~ \.., ) AdO::> l OtJ3X CA:; N - 0/3 '6[/ 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., a Florida corporation, hereinafter referred to as the "Association", and the CITY OF SANFORD, FLORIDA, hereinafter referred to as the "City"; 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 cal~ed service) requested by the Association from the City at the premises to be served here- ~"\ :~ '" ", II' f,": : .' II . ," .... . . 'J' . ;"0:)( .O>JJX I J..J , 'AdO:;' 'I O~:JX w. I AdO:> IO~3X 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 f~r service herein contracted for, at the rates and under ~ 'the terms and conditions herein set forth; provided, that the As.sociation 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 ~hat 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 pro~pective 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) . p,ayment shall be made ~vithin thirty (30) days after the receip1;:~,:',of the monthly bill from the CITY OF SANFORD. , , \ .,. ,',' ;,": : -2... I' . ... . ~. . . , A.ll . A"O::>(- . O~:;)X I ~ .~ . j AdOO I O~3X 1. ...& \ .... \ j 1 AdOJ'W O>J:JX I AdO.o IO~3X (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 Oity 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 up'on 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, 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- . \ 1~~>>. ,'.' j,' : : #' , . ," '4 ,. .I. dO.) (, o ~J:J x I l...., 3~~~ ! ~ ; AdO':' IO~3X I .0.. ',; 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. -- " "..---...--------..-.~,......-.."....--.J The cOs~f-s~ch~dd{ti()nal.~t~sts shall be borne by the Association if the percentage of error is found to b:~~ more than two (2) per cent slow or fast'~~~~shall be ...-...,.----- i51'a'~eal:n-se'i;;ice-orar16we(Cto--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 ~hall, 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 " '.- .....;.,'.. \ f.\ '.. r' ,. ~,": : -4- # \ .. Yo-- i:,J.' "oi "'...100 ( . OU.JX L I . j AdOO I OU3X j .~ I AdO':> IOtj3X , (j.:J .1)( 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 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 b;lling 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:i.ty, during the 'tepn 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'>.~f such rate schedule or amended rate \ " ",. schedule within!'flft~en (15) days after the effective date -5- I' " 4" ',- ..... ':...r '" . , AdO:> (" ,,()tt:J~ .... I AdO:> I O<l3X , , ..J I L , I .I u I AdO:> 'O<l3X ~ \~.. I AdO;) I Ot1.JX . , 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 ne~bi11ing 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. / ~ 13. Disputes. Except as otherwise provided in this I 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. Attest: . " ~'/ f! J;~/ - / , /) _,:.-r:-7 t?--/ ~~/L~/;:t.-/u:?/ c..U ~~elretary " I' , MIDWAY-CANAAN COMMUNITY WATER ASSOCIATION, INC. By:.) /" 1 /;' ( " /( r:1 c}President CITY "or:~NF,O~,/FLO~rp~ , ' ; . , ' L/ { , r} / / By. '(" ('^ . ,--,j I //C, ( "0/ ~('.'L......_/. . ,/ ./ \ V \. C '</ Mayor \ Ci -6- .. ,. ~ . 'I, . .. .. , CITY OF SANFORD January 1, 1966 WATER RATES: Month~y (Monthly Billing INSIDE OUTSIDE CITY CITY LIMITS LIMITS 4,000 gals 563/. -100 gals 2.27 (min) 5,000 2.62 6,000 2.97 7,000 35i-1000gal 3.32 8,000 3.67 9,000 4.02 10,000 4.37 50,000 .30/1,000gals 100,000 .25/1,000 gal s . 250,000 .20/1,000 gals. 3.41 (min) 3.93 Lt..46 4.98 5.50 6.03 6.56 Resident Rate plus and over .17/1000 gals Fire hydrant rental of $50/year/hydrant. 50% SEWER RATES: ~ Monthly Based on gallons of water used 0 4,000 $ 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 lQ ,000 3 . 34(max. ) 4.34(max) For single family residences Users other than single family ret;i<leIlGe ._-- " over 10,000 gallons to be 68% of the water billing for that period.