013-Mid-Canaan Community Water Assoc.-Water Purchase Contract
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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,
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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
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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-
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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
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'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.
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(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.
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(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,
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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.
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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.
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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
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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
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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
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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.
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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
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schedule within!'flft~en (15) days after the effective date
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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.
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13. Disputes.
Except as otherwise provided in this
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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: . "
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~~elretary " I' ,
MIDWAY-CANAAN COMMUNITY WATER
ASSOCIATION, INC.
By:.) /" 1 /;' ( " /( r:1
c}President
CITY "or:~NF,O~,/FLO~rp~ , ' ;
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By. '(" ('^ . ,--,j I //C, ( "0/ ~('.'L......_/.
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Mayor \
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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:
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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 ._--
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over 10,000 gallons to be 68% of the water billing for that period.