566-Seminole Towne Center~ RECEIVED
,~ JUL 1 Y 19c~59
July 14, 1995 CITY OF SANFORD
Writer's Direct Dial No,: (317) 263-7971
VTA: DRT, Worldwide Express
William A. Simmons, P.E.
City Manager
CITY OF SANFORD
300 North Park
Sanford, Florida 32772-1778
RE: Developer 's Agreement for Wastewater Service
Seminole Towne Center
Dear Bill:
We have received and reviewed your final comments to the Developer' s Agreement for
Wastewater Service and have incorporated the same into the enclosed copies of this document.
Enclosed you will find copies of both a "red-lined" copy showing said revisions and of a clean
copy of the final Developer's Agreement for Wastewater Service complete with Exhibits and
executed on behalf of both Seminole Towne Center Limited Parmership and Seminole Investors.
It is our understanding that this document will be submitted for formal approval by the City at the
July 24, 1995 City Commission Meeting.
Also enclosed you will fred the first draft of the Easement Agreement for Reclaimed
Water. This document has been fashioned along the lines of and is consistent with each of the
easement agreements prepared for the water lines and for the wastewater lines. You will note,
however, that we have prepared two (2) separate Reclaimed Water Easement Agreements; these
are identical but for the name of the Grantors, which are, respectively, Seminole Towne Center
Limited Partnership and Seminole Investors. You will note that the descriptions for the easement
areas are not attached to the respective documents. These descriptions are currently undergoing
final preparation. Your suggestion to have the Waterline, Wastewater Line and Reclaimed
Wate~ine Easement Agreements also placed on your Commission Agenda for July 24, 1995, and
approved as to form is acceptable. Your approach will expedite this matter and permit Exhibits
to be finalized and signatures to be obtained without any additional delays being incurred.
MERCHANT5 PLAZA POST OFFICE gOX 7033 IND[ANAPOklS. IND1ANA 46207 :'317-636'1600
William A. Simmons, P.E.
July 14, 1995
Page 2
Please let us know of any comments to the Easement Agreements so that we may timely
finalize the same so to have them submitted for the Commission Agenda of July 24, 1995.
Once again, it has been a pleasure to work with both you and Donna Mclntosh, and we
sincerely appreciate the assistance you have both provided in completing this documentation. We
look forward to hearing from you. Best regards.
Sincerely,
Attorney at Law
RAF/kar
Enclosures
cc: Aaron Cohen (w/eric)
Joe Cooper (w/eric)
Ross Green, Esq. (w/enc)
Mark Kirincich (w/eric)
Chuck Schneider (w/eric)
Tom Schneider (w/enc)
7/14/95:0713-004.LTR
DEVELOPER'S AGREEMENT FOR
WASTEWATER SERVICE
This Developer's Agreement for Wastewater Service (the "Developer's Agreement") is
, 1 al coloration (~e
TOWNE CENTER L~TED Pt~EB~, ~ hdi~ l~md p~ners~p ("Seminole Towne
Center") and SEMINOLE INVESTORS, a Florida general piership Clnvesmrs") (Seminole
Towne Center and Investors may be collectively refe~ed m as ~e "Developer").
WITNESSETIt:
WHEREAS, the City and Seminole County (the "County") entered into a Wholesale
Sewage Service Agreement dated January 11, 1995 and recorded in O.R. Book 2932 , Page
1/,13/1/~27 of the Public Records of Seminole County, Florida (the "Interlocal Agreement"),
which is attached hereto, marked as Exhibit "A" and made a part hereof; and
WHEREAS, pursuant to the Interlocal Agreement, the City will connect to the County' s
wastewater system and the City will purchase on a wholesale basis wastewater capacity from the
County in order to provide retail wastewater services to the Property, as herein defined; and
WHEREAS, the property to be provided with sanitary sewer and wastewater disposal
services pursuant to both the Interlocal Agreement and this Developer' s Agreement is that certain
real estate described in the Seminole Towne Center Replat lying in Sections 29 and 32, Township
19 South, Range 30 East, City of Sanford, Florida, recorded in Plat Book 47, Pages 8 through
10, Public Records of Seminole County (the "Property"); and
WHEREAS, pursuant to the Interlocal Agreement, the County has agreed to make
available for the benefit of the Property, and to provide to the City for the Property, Wastewater
Service Capacity in the amount of 250,000 GPD; and
WHEREAS, the City desires to provide the Property with retail wastewater service; and
WHEREAS, the City and Developer desire to enter into this Developer' s Agreement in
order to provide the Property with retail wastewater services pursuant to the terms and conditions
set forth herein.
NOW, THEREFORE, in consideration of the recitals, mutual covenants, agreements,
premises herein contained, and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto covenant and agree as follows:
?/12/95:0620-004.RAF
1. Recitals.
The foregoing recitals are tree and correct and form a material part of this Developer' s
Agreement upon which the parties have relied.
Terms defined in the Interlocal Agreement shall be used herein with the same meanings
as in the Interlocal Agreement unless a contrary intent is clearly expressed.
3. Capacity.
From the 250,000 GPD of wastewater capacity available for the benefit of the Property,
Seminole Towne Center has paid t0 the County, at the retail rate, and purchased 60,746 GPD of
wastewater service to serve the Enclosed Mall Building, Burdine's DeparUnent Store, Dillard's
Depathnent Store, Parisian Department Store, J.C. Permey Department Store, Sears Department
Store and the Sears TBA as shown on the Site Plan attached hereto and marked Exhibit "B" , and
for drainage into the wastewater system from the heating, ventilation and air conditioning
("HVAC") systems for the same. Wastewater capacity in the amount of 189,254 GPD remains
available to the Property and may be purchased from the City at the rate as established by the
County Code.
Upon each subsequent allocation from available wastewater capacity, a Memorandum of
Wastewater Capacity shall be issued by the City to Developer setting forth the name of the
customer, the type of facility being serviced, the amount of capacity allocated and the net reserved
wastewater capacity available for future disbursement.
In the event that the wastewater capacity available for the benefit of the Property in the
Inte~ocal Agreement has been entirely allocated and wastewater service demands to the Property
still exist, the City, subject to availability of capacity at the County Plant, will seek to amend the
Interlocal Agreement to obtain additional wastewater capacity for retail sale by the City to the
Property. Alternatively, ff the County Plant is operating at maximum capacity and if the City
operates a wastewater system with capacity available and located in an area capable of serving the
Property, the City will seek to amend the Interlocal Agreement to provide for the County to
relinquish and grant rights and transfer reserved and/or prepaid wastewater capacity as required
to perink the City to provide wastewater service directly to the Property from the City wastewater
plant. In the event that the City does provide such wastewater service to the Property, service
may be subject to fees including, but not limited to, City impact fees and monthly user fees.
4. Developer's Improvements.
Developer shall cause to be designed, permitted and constructed on the Property the
Collection Facilities, including lines, pipes, manholes and appurtenant equipment, to collect and
transmit wastewater from the building service laterals to the point of connection to the County
7/12/95:0620-004.RAF 2
Transmission Facilities. The Collection Facilities shall be dedicated to the City. The service
laterals from the buildings to the Collection Facilities shall be privately owned and maintained.
Present or future lenders shall agree to subordinate their lien of mortgage to the right and
interest of the City in that portion(s) of the gravity collection system facilities dedicated to the
City. '
Water meters shall be provided or will be caused to be provided by Developer. The water
meters located outside the Buildings will be owned and maintained by the City. Water meters
located in utility rooms inside the Buildings shall not be owned or maintained by the City.
Developer shall cause a Maintenance Bond at the rate of 10% of the cost of the
improvements to be issued to cover the above described improvements dedicated to the City for
a period of two (2) years from the date of completion of the same. Developer shall also have as-
built drawings prepared by a registered licensed survey engineer of that portion of the gravity
collection system Developer has caused to be constructed and installed in accordance with this
Developer's Agreemere. A copy of the as-built drawings shall be delivered to the City
Department of Utilities.
Developer shall cause to be installed for the benefit of the Property a lift station and force
main which shall, together with the underlying tract of land, be dedicated to the County, and
thereafter operated and maintained by the County.
5. Fnree Main Installation.
The City shall cause the force main located in Towne Center Boulevard to be installed.
6. Standards.
The wastewater service provided by the City shall comply with and be in accordance with
the requirements of the City Code, Seminole County, the Florida Department of Health and
Rehabilitation Services and the Florida Department of Environmental Protection.
Sewage or wastewater from the Property shall conform with the criteria for residential and
commercial wastewater strength as defined in and set forth in the Interlocal Agreement. The City
shall, in accordance with Federal, State, County and City regulations, require grease traps or lint
traps or industrial pretreatment for its retail wastewater customers' operating facilities for specified
uses as set forth in the City Code, together with the discharge limitations for each such use set
forth thereon, The City acknowledges that it will be the responsibility of the specific retail
customer to comply with, supply and to pay for any required pretreatment or special features. In
the event of a breach of the discharge limitations by a customer, that specific customer shall be
responsible for payment of costs to correct or repair damage to the collection system and the
treatment facilities.
7/12/95:0620-01M.RAF 3
7. Fees, Charges and Billing.
The on-site and off-site improvements and installations performed by Seminole Towne
Center in accordance with this Developer's Agreement and dedicated to the City and/or County
have been done as contributions-imaid-of-constmction.
In order to connect to the wastewater system, wastewater connection fees (sewer impact
fees) are assessed at the current County rate and are calculated based upon the GPD capacity being
allocated. The customer shall pay wastewater connection fees to the City, and the City will remit
such payment to the County in accordance with the Interlocal Agreement. The City shah ensure
that customers will be furnished with receipts for payment of connection fees from the City.
Payment of wastewater connection fees shall entitle a customer to wastewater service, subject to
customer' s payment of all City rates, fees, charges and deposits for wastewater service.
In the event that a customer is unable to use all or any portion of the wastewater service
capacity allocated to and paid for by it, Developer may request that the City seek the County's
agreement to purchase the surplus capacity. Upon agreement by the County, the City will
purchase from the customer and the County will purchase from the City the surplus capacity at
the respective original rates paid, with no entitlement to interest on any fees or charges paid. Such
purchase of surplus capacity may be deferred until another qualified customer(s) has been
identified and has paid the Wastewater Connection Fee consistent with the Interlocal Agreement.
Alternatively, Developer may request that the City seek the County's consent to transfer the
surplus capacity to another portion of the Property.
In the event that wastewater generation is in excess of the GPD quantity allocated to and
paid for by a customer, upon notice by the City and verification of the actual usage in excess of
the GPD quantity allocated and paid for, said customer shall be charged, without any penalty or
interest, for the excess quantity actually being used. The City shall ensure that a receipt for such
additional payment shall be provided to the customer by both the City and County.
Customers located on the Property will be invoiced on a monthly basis for monthly user
charges at the retail rate charged by the City in accordance with the City Code. Monthly user
charges will be based upon 100% of the water consumption for a retail customer. The City
acknowledges that its retail customers are relying upon the City remitting customer' s payments
to the County in order to ensure continuous wastewater service. Retail customers shall be assessed
a 5% penalty for payments delinquent for a period in excess of 21 days, and written notice that
due to non-payment service may be subject to termination shall appear on the bill delivered 30
days thereafter. In the event of a default by the City in its payment obligations to the County that
results in any interference with wastewater service to a retail customer or damage to a customer' s
improvements, the customer shall have all legal and equitable remedies available to it under the
laws of the State of Florida, including, but not limited to, any and all remedies available to
customers of public water and sewer systems.
Notwithstanding the foregoing, monthly user charges for retail wastewater service for the
Enclosed Mall Building shall be calculated in the following described manner. In addition to the
7/12/95:0620*0(}4.RAF 4
water meter(s) for the Enclosed Mall Building, the HVAC units for the Enclosed Mall Building
have water meters installed at both the points of inflow and outflow. Wastewater consumption
for the Enclosed Mall Building shall not include water evaporated from its HVAC system.
The rate the City charges its retail customers shall be in accordance with City customer
service rates published, as amended from time to time, and in accordance with local City Code
and regulations. A copy of the current County wholesale wastewater rate schedule is as specified
in the Inte~ocal Agreement attached hereto as Exhibit "A". A copy of the current City retail
wastewater service rate schedule are attached hereto and marked as Exhibit "C" . Retail customers
located on the Property will pay the City retail rate fixed by City Code, as amended from time
to time; however, if the County raises its wholesale wastewater rate so that the spread between
the City retail wastewater rate and the County wholesale wastewater rate is less than 20%, then
the City may adjust its retail wastewater rate to preserve and provide a 20% spread between the
County wholesale and City retail wastewater rates, which spread is intended to cover the cost of
retail adm'mistration, billing and collection and the cost of the collection system maintenance,
repair and replacement. Lawful rate changes in the County's wholesale wastewater service
charges will permit the City to, subject to the above limitation and upon compliance with notice,
hearing and all legal procedures imposed upon a public utility, amend its rate schedule effective
in the next billing period after notice thereof.
In accordance with the easement rights granted hereinbelow, the City shall have access to
the Property for the purpose of reading meters for billing purposes and to test all meters for
accuracy at regular intervals of not less frequently than once every twelve (12) months. If upon
any test, any meter is found to be not more than two (2%) percent fast or slow, previous readings
of such meter shah be deemed correct in computing the volume of service delivered. If upon any
test any meter shall be found to be inaccurate by any amount exceeding two (2%) percent, then
bills to the affected customers shall be adjusted for meter error in excess of two (2%) percent of
full scale reading. In calculafmg such billing adjustment, it will be assumed that the meter
inaccuracy existed for one-half (1/2) of the entire time interval between meter accuracy checks,
unless the City or the customer has a reasonable and verifiable basis to assert otherwise. Such
adjustments to a bill shall be equally allocated overthe next twelve (12) month billing period. The
City shall preserve for a period of three (3) years all test data and other records from its meters
measuring the service delivered under this Developer's Agreement.
8. Easements.
Developer hereby agrees to grant to or to obtain for the City perpetual, non-exclusive
easements in recordable form for the purposes of maintaining, operating, testing, repairing and
servicing the wastewater facility improvements dedicated to the City and located on, under,
with'm, upon or across the Property, together with an easement for ingress and egress in order to
exercise the rights to be granted and in order for the City to have access to read its meters.
The City agrees to restore and return, as near as practicable, to its prior condition any
property damaged by the City in the course of its exercise of the easement rights to be granted
hereby.
7/12/95:0620-004.RAF 5
9. Maintenance and Repair.
The City shall be responsible for maintenance and repair of the Collection Facilities from
the service laterals to those points of connection with the County owned Transmission Facilities.
Except in the case of emergencies, maintenance and repair work shall be performed at tunes and
in a manner so to minimally and not unreasonably interfere with the business operation of the
Property. The City shall provide reasonable advance notice of any scheduled shut-off of or
interruption in wastewater service.
10. Relocation of Wastewater Iltility Facilities.
Any relocation of the wastewater facilities located on the Property as may be required for
Developer's, or their successors, assignees, tmnsferees, or grantees, convenience or necessity shall
require the permission of the City. Any relocations shall meet the following requirements:
a. such relocation be accomplished at the sole cost and expense of Developer, or its
successors, assignees, transferees or grantees;
b. the relocated wastewater facilities be designed, permitted, constructed and installed
in accordance with City Code and requirements of this Developer's Agreement;
c. such relocation can be accomplished without adverse impact on any other pan of
the wastewater facilities and without material, adverse impact to any other retail
customer on the Property; and
d. new easements shall be granted for relocated Collection Facilities.
11. Nntices.
Any notice required or allowed to be delivered hereunder shall be in writing and shall be
deemed to be delivered when (a) hand delivered to the official hereinafter designated, or (b) upon
receipt of such notice when deposited in the United States Mail, postage prepaid, certified mail,
return receipt requested, or (c) delivered by an express mail overnight carrier or by facsimile
delivery with next day delivery by an overnight carrier, addressed to a party at the address set
forth below, or at such other address as the party shall have specified by written notice delivered
in accordance herewith.
For the City: City Manager
City of Sanford
Post Office Box 1788
Sanford, Florida 32772-1788
7/12/95:062(M}04.RAF 6
For the County: Seminole County Public Works Department
Environmental Services Building
3000 A Southgate Drive
Sanford, Florida 32773
For Developer: Seminole Towne Center Limited Partnership
c/o Simon Property Group
115 West Washington Street
Indianapolis, Indiana 46204
Attention: Thomas J. Schneider
Attention: General Counsel
For Investors: Seminole Investors
c/o 115 West Washington Street
Indianapolis, Indiana 46204
Attention: Thomas J. Schneider
12. Time of the Essence.
Time is hereby declared of the essence to the lawful performance of the duties and
obligations contained in this Developer's Agreement.
13. Governing I,aw.
This Agreement shall be governed by the laws of the State of Florida and the ordinances,
codes, resolutions and policies of the City.
14. Binding Effect.
This Developer' s Agreement touches and concerns the Property, shall inure to the benefit
of and shall burden the Property, and shall consf~tute a covenant running with the Property unless
released in whole or in part, pursuant to the terms of this Developer' s Agreement.
15. Term.
This Developer' s Agreement shall continue in full force and effect from the complete
execution hereof and thereafter for ten (10) years; provided, further that this Developer's
Agreement shall thereafter be autemafxcally extended for successive periods of ten (10) years each
coterminous with extensions of the Interlocal Agreement.
16. Assignment.
This Developer' s Agreement shall be binding upon the parties hereto and their successors,
assigns and transferees.
7/12/95:06204X)4.KAF 7
17. Entire Agreement.
This Developer's Agreement (and Exhibits hereto) constitutes the entire agreement between
the parties and supersedes all previous discussions, understandings and agreements between the
parties relating to the subject matter of this Developer' s Agreement. Amendments to and waivers
of provisions here~m shall be of no force and effect unless made in writing by formal amendment
signed by the parties hereto.
18. No Contingent Fees.
The Developer warrants that it has not employed or retained any company or persons,
other than a bonafide employee working solely for Developer, to solicit or secure this Developer's
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual
or firm other than a bonafide employee working solely for Developer any fee, commission,
pementage, gift or other consideration contingent upon or resulting from the award or making of
this Developer's Agreement.
19. Defmfit and Remedies.
In the event of default by a party to this Developer' s Agreement, the non-defaulting party
shall have any and all remedies as permitted by law and equity; provided, however, that the
parties agree to provide for positive dialogue and communications if disputes or disagreements
arise as to the interpretation or implementation of this Developer' s Agreement. The venue for any
litigation shall be in Seminole County, Florida, the Eighteenth Judicial Circuit.
Each party to the Developer's Agreement is responsible for all personal injury and property
damage attributable to the negligent acts or omissions of its own officers, employees and agents.
20. Force Majeure.
In the event a party falls to satisfy a requirement imposed by this Developer' s Agreement
in a liraely manner due to govermmental rules, regulations or actions, hurricane, flood, tornado,
earthquake, explosion, actions of the elements, war, invasion, insurrection, riot, mob violence,
sabotage, act of God or any other cause not within the respective control of the parties, then said
parties shall not be in default hereunder and shall be provided an extension for performance of
obligations or undertakings for a time period equal to that for which such obligations or
undertakings were as permitted by this Paragraph 20 prevented.
21. Seve~'abillty.
If any part of this Developer's Agreement is found invalid or unenforceable by any Court,
such invalidity or unenforceability shall not affect the other parts of the Developer's Agreement
if the rights ~ obligations of the parries contained heroin are not materially prejudiced and if the
intentions of the parties can continue to be affected. To that end, this Developer' s Agreement is
declared severable.
7/12195:0620..004.RAF 8
22. Connterparts.
This Developer's Agreement may be executed in any number of counterparts, each of
which, when executed and delivered, shall be an original, but all counterparts shalI ragether
constitute one and the same instrument.
23. Compliance with l,aw~ and Re~flations.
In performing pursuant to this Developer's Agreement, the parties and their successors,
transferees, assignees and grantees shall abide by all laws, statutes, ordinances, roles and
regulations pertaining to, or regulating the acts contemplated to be performed herein, including,
but not limited to, those now in effect and hereafter adopted. Any violation of said laws, statutes,
ordinances, rules or regulations shall constitute a material breach by the breaching party of this
Developer's Agreement.
24. No Third Par~y Beneficiaries.
This Developer' s Agreement is made for the sole benefit of the parties hemto and is not
intended to and shall not benefit any third party. No third party shall have any rights hereunder
or any right to enforce any provisions of this Developer's Agreement,
25. Effective Date.
This Developer' s Agreement shall be effective upon full and proper execution by all parties
hereto.
[End of Page 9]
7/12/95:0620-004.RAF 9
IN WITNESS WHEREOF, the parties hereto have caused this Developer' s Agreement
with the named exhibits attached to be executed on the day and year first above written.
ATTEST: CITY OF SANFORD
(~AA~ET R, DOUGHE~Clerk By: BET~E D. SMITH, Mayor
SEMINOLE TOWNE CENTER LIMITED
PARTNERSHIP, an Indiana limited parmership
By: SIMON PROPERTY GROUP, L.P., a Delaware
limited parmership, d/b/a Simon Property Group,
Limited Parmership, its general pa er,
By: SIMON PROPERTY GR , INC., a
Maryland corporat~ n ge eral parmer
By: ~ts~°ERagrZ;nn'~
SEMINOLE INVESTORS, an Florida general parmership
By: SEM-TRS PERIPHERAL LIMITED
PARTNERSHIP, an Indiana limited pannerskip,
general partner
By: SIMON PROPERTY GROUP, L.P., a
Delaware lirnited partnership, d/b/a Simon
Property Group, Limited Partnership, its
general partner,
By: SIMON PROP ]Y GROUP,
INC., a Maryl ~ :orporation, its
general pa
By: ~
7/12195:0620-O04,RAF 10
SEMINOLE COUNTY AND THE CITY OF SANFORD
WHOLESALE SEWAGE SERVICE AGREEMENT
THIS AGREEMENT is made and entered into this [l~-~~ day of
2
- , 19 by and 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, hereafter referred to as "COUNTY," and the CITY OF~
SANFORD, a Florida municipal corporation, whose mailing address is
Post Office Box 1788,
Sanford, Florida 32772-1788, hereinafter
referred to as "SANFORD."
WITNESETH:
WHEREAS, COUNTY owns and operates a wastewater system located
ih seminole County, hereinafter referred to as "Wastewater System,"
and is desirous of selling on a wholesale basis wastewater
treatment and disposal services to SANFORD; and
WHEREAS, SANFORD owns and operates a wastewater system located
in Sanford, Florida, and
WHEREAS, SANFORD wishes to connect to the COUNTY's Wastewater
System and purchase wastewater capacity on a wholesale basis from
COUNTY to provide sanitary sewer and wastewater disposal service to
certain lands, including the Seminole Town Center, a facility owned
and to be maintained and operated by Simon Property Group, L.P.,
and located in the corporate limits of Sanford, Florida, and for
which construction shall be completed on or about September 20,
1995, all lands as depicted in Exhibit "A" attached hereto and
incorporated herein by reference; and
1
EXHIBIT "A"
· . ",' . .' OFFICIAL RECORDS
· 800~ PAGE
932 1 14'
W!"IEREAS, COUNTY has wastewater capacity resS~%~?mmit-
ted at a COUNTY wastewater treatment facilityl and
~ItEREASt COUNTY and SANFORD executed an Urban Service Area And
Utility Service Planning Area Agreement on October 1St 1990f and
Amended Agreement on December 13~ 1993f tO establish water and
wastewater utility service planning areasl and
WI{ERE~S~ the l~nd which will be served by S~NFORD in accor-
dance with this Wholesale Sewage Service Agreement is located in
the aforementioned service planning areas~ and
~IIt~REASt the COUNTY desires and agrees to relinquish the right
to provide wastewater service to those lands so S~NFORD may serve
~hose lands in aocordanoe ~ith this Wholesale Sewage Servioe
~reement.
NOW~ ~R~OR~ in consideration of the recitals~ mutual
covenants, a~reements, promises herein contained~ and other ~ood
and valuable oonsideration, the receipt and sufficiency of which is
hereby aoknowledged~ the parties covenant and agree as follows:
S~tion 1. Reolt~ls. The foregoing recitals are true and
correct and form a m~terial part of this ~greement upon which the
parties have relied.
S~otion ~. Deftnltions. The parties agree that in construin~
this ~greement~ the following words, phrases~ and terms shall have"
the following meanings unless the context clearly indicates
otherwise:
(a) ~r~ement - The COUNT~/S~N~ORD Wholesale Sewage Servioe
~reement as it may from time to time be modified.
2
· ' OFFICIAL RECORDS
'" BOOK PAGE
?932 I 15
(b) collection Facilities - The lines,all
other appurtenant equipment owned, operated and maintained by
SANFORD to collect and transmit wastewater to the COUNTY Transmis-
sion Facilities.
(c) COUNTY Plant - Sewage treatment and disposal facilities
used by COUNTY to treat wastewater and detain, transmit and dispose
of said treated wastewater in accordance with applicable regulatory
requirements.
(d) GPD - Gallons per day, average annual basis,
(e) Residential And Commercial Wastewater Strength -
Residential and commercial wastewater discharges exhibiting the
f?llowing characteristics: biochemical oxygen demand of 300.mg/1
or less, suspended solids of 300mg/1 or less, and a pH between 6.5
and 8.0. Prohibited discharges include constituents that could
cause a fire or explosion; solid or viscous substances which could
obstruct flow or interfere with the system; discharges containing
any toxic pollutants; and any other discharges prohibited by
applicable Federal, State and local statute~ ordinance, rule or
regulation. SANFORD shall require grease traps and industrial
pretreatment by its customers in accordance with Federal, State and
local guidelines.
(f) Transmission Facilities - Master lift stations, lines,
pipes, force mains, pumps, meters and all other appurtenant
equipment and facilities used by COUNTY to transmit wastewater from
the point of connection from the SANFORD Collection Facilities to
the headworks of the COUNTY Plant.
3
· · ' ' ........
'2q3 1 16
.SEMINOLE CO. FL.
(g) Wastewater Oonnection Fees - Fees and charges established
and collected b7 COUNTY to purchase ~aste~ater Service Capaclt~
(h) ~aste~ate~ Service Oapacity - The amount o~ ~aste~ate~
~low measured i~ GBD, which S~ORD ~ishes to purchase ~rom COI31~Y
and ~hich COUNTY agrees to accept in its ~astewatez STstem
accordance with the terms o~ this ~greement.
(i) ~ste~ater STstem - ~ransmission Facilities and the
COttOnY Plant in which S~FOBD is receiving ~aste~ate~ 8e~vlce
Capacity on a wholesale basis, and which aze operated
rained b~
~ 8ectlon 3. B~zpose. GobScot to the te~ms and conditions
he~eina~ter set ~o~th, C0~¥ shall sell and provide to S~N~OBD,
and S~FOBD shall purchase and :eceive ~om COUNTY, ~astewate~
Service Capacit~ in an amount not to exceed 250,000 GBD. It is
mutoall~ acknowledged by both parties that the intent o~ this
~g~eement is ~or COQI~¥ to provide ~holesale se~e~ service to
S~OBD and ~o~ S~OBD to p~ovide retail se~e~ service to the
Seminole Toque Center.
8ectio~ 4. ~e~m. ~his ~g~eement shall continue in ~ull £o~ce
and e~ect ~om the complete execution hereo~ and tbezea~te~ ~oz
ten (iO) ~ea~s; p~ovlded, ~u~the~, that the ~greement shall be
automaticall~ extended ~o~ successive periods o~ ten (10)
each.
-SEMINOLE CO. EL
Section 5. Provisions of Wastewater Service Capacity. COUNTY
shall provide Wastewater Service Capacity to SANFORD in the
following manner and subject to the following terms and conditions.
(a) Capacity Purchase. SANFORD has identified and subject to
the terms and conditions hereinafter set forth, the COUNTY has
agreed to provide Wastewater Service Capacity to satisfy SANFORD's
Wastewater Service Capacity needs of approximately 250,000 GPD.
The COUNTY'S obligation to provide the 250,000 GPD shall be
contingent upon SANFORD'S payment to the COUNTY of applicable
Wastewater Connection Fees upon the COUNTY's ekecution of the
Florida Department of Environmental Protection ("FDEP") permit
applications for said capacity or any portion thereof. If
Wastewater Connection Fees are not paid by SANFORD as set forth
hereinabove~ all rights and obligations under this Agreement shall
be terminated.
(b) Operation and Maintenance of Facilities. SANFORD shall
be responsible for the operation, maintenance and replacement of
the Collection Facilities to the point of connection to the
Transmission Facilities. The point of connection is conceptually
depicted on a map attached to and incorporated herein as Exhibit
"B." Operation, maintenance and replacement of the COUNTYIPlant
and all pipes, fittings, valves and appurtenances, including the
Transmission Facilities to the point of connection into the
Collection Facilities shall be the responsibility of COUNTY.
5
., OFFICIAL RECORDS
BOOK PAGE
?932 i I8
(c) Metering. SEMINOLE CO. FL.
(1) SANFORD shall furnish and install potable water
metering equipment capable of measuring all potable water flow.
The metering equipment shall remain the property of SANFORD and
SANFORD Shall be responsible for the operation, maintenance and
replacement of the metering equipment. Further, the COUNTY may
read the meters at any time and have access thereto for testing
purposes. Written results of the COUNTY meter tests shall be
provided to SANFORD.
(2) SANFORD, at its expense, shall periodically inspect
and test the potable water meters at its discretion. Written
results of the meter inspections shall be provided toCOUNTY.
(d) Wastewater Service Capacity.
(1) Both parties agree that after connection of the
Collection Facilities to the Transmission Facilities as provided
herein, the COUNTY will continuously provide to SANFORD, in
accordance with the provisions of this Agreement, Wastewater
Service Capacity in an amount not to exceed 250,000 GPD and in a
manner conforming with all applicable governmental requirements;
provided, however, the COUNTY's obligation shall be consistent with
and not greater than the COUNTY'sobligation to provide wastewater
service to the public generally. Upon connection of the Collection
Facilities to the Transmission Facilities, any customers that have
or will connect into the Collection Facilities shall be customers
of SANFORD and shall pay SANFORD's rates, fees, charges and
6
OFFICIAL RECORDS
BOOK PAGE
?q32 1 19
deposits for'wastewater service. Wastewater conne~L~F~or
such customers'shall be calculated and paid at the COUNTY's rate.
(2) If, at any time, the COUNTY determines it is treat-
ing an amount of Wastewater Service Capacity in excess of the
quantity paid for by SANFORD, based on the annual daily flew
average, the COUNTY shall notify SANFORD of the amount of differ-
ence as provided in Section 14 herein and SANFORD, upon verifica-
tion of said excess quantity, shall promptly remit appropriate
payment to the COUNTY.
(3) SANFORD agrees that the wastewater to be treated by
COUNTY will consist of wastewater as would be considered normal for
~ commercial connection as defined in Section 2(e) above. SANFORD
further agrees not to allow any dumping or discharge into the
Collection Facilitieswhich could result in wastewater flowing into
the COUNTY's Wastewater System which does not comply with the
COUNTY's Wastewater System use rules. Should such.wastewater flow
into the COUNTY's Wastewater System, SANFORD, upon notice ofsame,
shall insure such discharge is immediately discontinued using due
diligence and emergency police powers as required under the
circumstances. The occurrence of such a discharge shall not be
construed as a default by SANFORD under this Agreement provided the
discharge is not caused by the conduct of SANFORD and SANFORD uses '
due diligence and emergency police powers as required under the
circumstances to insure such discharge and future potential
discharge is discontinued and prevented.
7
' OFFtCIAL RECORDS
BOOK PAGE
?932 I 20
(4) SANFORD agrees that in the operation an~L~0~.
of the COUNTY'S Wastewater System, COUNTY has certain obligations
to protect the health, safety and welfare of the public and to
prevent undue burden to the COUNTY's customers resulting from
extraordinary discharges attributable to SANFORD.' SANFORD agrees
that all sewage or wastewater collected by SANFORD and transmitted
to COUNTY shall comply with the pretreatment requirements of the
COUNTY as specified in the COUNTY's Wastewater System User Rules
Ordinance prior to introduction into the COUNTY's Wastewater
System. SANFORD further agrees that the COUNTY may, at the
COUNTY's sole option, require pretreatment and/or special features
s~ch as grease traps tO insure such. conformity. SANFORD for itself
and its customers agrees to abide by all sewer use ordinances,
resolutions, .rules and regulations related to the use of and
discharge to the COUNTY's Wastewater System as may be adopted from
time to time by the COUNTY. COUNTY shall provide SANFORD copies of
all applicable COUNTY ordinances, resolutions, rules and regula-
tions now in effect and as may be adopted or amended by the COUNTY
from time to time.
Section 6. Payment of Wastewater Connections Fees. COUNTY
shall reserve for SANFORD 250,000 GPD of Wastewater Capacity at the
rate of SEVEN AND NO/100 DOLLARS ($7.00) per gallon or at the '
current rate in effect at the time of COUNTY's execution of the
FDEP permit application for said capacity or any portion thereof.
SANFORD shall pay COUNTY Wastewater Connection Fees for the 250,000
GPD of Wastewater Capacity reserved pursuant to Section 5(a) above
8
2932 1 21
SEHINOLE CO. FL.
upon e×ecut~on o~ the ~D~P permit for the capacity, or any portion
thereof. COUNTY has previously received payment from Simon
Property Group, L.P., on December 16, 1993 of Wastewater Connection
Fees for 60,746 GPD of the Wastewater Capacity reserved herein.
Section 7. Return of Unused Capacity. If SANFORD is unable
to use all or any portion of the Wastewater Service Capacity
reserved hereunder, SANFORD may request in writing, to return said
capacity to COUNTY. The COUNTY may purchase the surplus capacity
from SANFORD at the rate originally paid by SANFORD for the
capacity. SANFORD shall not be entitled to nor receive any
interest on fees or charges paid to the COUNTY. The COUNTY may
defer the purchase thereof until it has identified another
qualified customer or customers, ready, willing and able to pay the
applicable Wastewater Connection Fees, or a portion thereof, and
until such customer has paid the Wastewater Connection Fees.
Seotion 8. Wholesale Wastewater User Charges. COUNTY agrees
to provide Wastewater Service Capacity to SANFORD pursuant to the
terms and conditions herein for a charge of TWO AND t0/100 DOLLARS
($2.10) per 1,000 gallons of wastewater. SANFORD agrees to provide
copies of retail water bills to COUNTY at the same time that such
bills are provided to SANFORD's customers. COUNTY shall invoice
SANFORD based on such retail water billing. COUNTY agrees to bill
SANFORD monthly based on ninety-five (95%) of the aggregate potable
water consumption as read and invoiced by SANFORD and in accordance
with the COUNTY's standard billing practices. SANFORD agrees to
pay for wastewater service at the above-mentioned rate and agrees
9
' ' OFFICIAL RECORDS
" BOOK PAGE
1 22
to make payments to COUNTY within thirty (30) days fro~E~.~.
the COUNTY's bill. SANFORD shall be solely responsible to COUNTY
for payment of monthly bills. Failure to do so will be considered
a default by SANFORD and shall be processed as provided in Section
13 hereinafter.
Section 9. Change of Rates. In the event COUNTY, during the
term of this Agreement, shall propose any new rate schedule or
amended rate schedule applicable to wholesale wastewater service
furnished, including connection fees, COUNTY shall forward to
SANFORD a copy of such rate schedule or amended rate schedule prior
to the effective date thereof, and shall substitute such rate
s~hedule or amended rate schedule for the rate schedule then in
effect hereunder for such wholesale wastewater service, including
connection fees, commencing with the next billing period after the
effective date.
Section 10. Duties and Level of Service. All services and
work hereunder shall be performed to the satisfaction of the
COUNTY, who shall decide all questions, difficulties and disputes
of whatever nature which may arise under or by reason of such
services and work, the prosecution and fulfillment of the services
and work hereunder, and the character, quality, amount and value
thereof; and its decision upon all claims, questions, and disputes
shall be final and conclusive with respect to all services and work
performed or to be performed.
Section 11. Disclaimer of Third Party Beneficiaries. This
Agreement is solely for the benefit of the formal parties herein,
10
'.' - BOOK PAGE
'?932 I 23
SEMINOLE CO. FL.
and no right or cause of action shall accrue upon or by reason
hereof, to or for the benefit of any third party not a formal party
hereto.
Section ~2. Assignment. This Agreement shall be binding on
the parties hereto and their representatives and successors.
Neither party shall assign this Agreement or the rights and
obligations to any other party.
Section 13. Default. Either party to this Agreement, in the
event of or act of default by the other, shall have all remedies
available to it under the law of the State of Florida, including,
but not limited to, injunction to prevent default or specific
performance to enforce this Agreement, subject to State law.
In the event of default by COUNTY, SANFORD shall be entitled
to any and all remedies available to customers of the COUNTY water
and sewer system..
Each of the parties hereto shall give the other party written
notice as provided hereinafter of any defaults hereunder and shall
allow the defaulting party thirty (30) days from the date of
receipt to cure such defaults, and shall otherwise comply with any
State or local law to resolve disputes between local governments,
Section 14. Notices. Any notice required or permitted,to be
delivered hereunder shall be in writing and deemed to be delivered"
when either hand delivered to the official hereinafter designated,
or upon receipt of such notice when deposited in the United States
mail, postage prepaid, certified mail, return receipt requested,
addressed to a party at the address set forth below, or at such
11
"' ' BOOK
SENINOLE CO. FL
other address the party shall have specified by written notice
delivered in accordance herewith.
FOR COUNTY
Seminole County Public Works Department
Environmental Services Building
3000A Southgate Drive
Sanford, FL 32773
FOR CITY
City Manager
City of Sanford
Post Office Box 1788
Sanford, FL 32772-1788
Section 15. Liability. COUNTY shall make" all reasonable
efforts to prevent interruption of service, and when such interrup-
tion occurs, shall endeavor to reestablish service with the
shortest delay consistent with safety to its customers and the
general public.
section 16. Severability. If any part of this Agreement is
found invalid or unenforceable by any court, such invalidity or
unenforceability shall not affect the other parts of the Agreement
if the rights and obligations of the parties contained herein are
not materially prejudiced and if the intentions of the parties can
continue to be effected. To that end, the Agreement is declared
severable.
Section 17. Time Of the Essence. Time is hereby declared of
the essence to the lawful performance of the duties and obligations
contained in this Agreement.
12
OFFICIAL RECORDS
BOOK PAGE
93, I 2.5
Section 18. Applicable Law. This Agreemen~'an~ the provl-
SEMINOLE CO, FL.
sions contained herein shall be construed, controlled, and
interpreted according to the laws of the State of Florida.
Section 19. Entire Agreement. Effect on Prior Agreement.
This instrument constitutes the entire Agreement between the
parties and supersedes all previous discussions, understandings,
and agreements between the parties relating to the subject matter
of this Agreement. Amendments to and waivers of the provisions
herein sh~l, 1 be made by the parties in writing by formal amendment.
IN ~TNESS W~EREOF, the parties hereto have hereunder executed
g~ the date and year first above written.
T:, ',~" CITY OF SANFORD
='~ ~ ~. ~'~',
beY~rd of Randall C. ~4orjis , Chairman
'~ ,~',.',~'~nd reliance As authorized [or execution by
1S ":',%,5
of Seminole County only. the Board of County Commission-
legal sufficiency regular
S~P/~e
EXIt~IT Q~FICIAL RECORDS
LEGEND:, ~ ~ '
TOrN CENTER MALL PROPERTY
HUe, HEY ST. (8. OP, Ec~ON AVE.)
· Seminole County
PD
/ ."~ ~A~,~,,:
. Se~o~e County '
OR' 46A
§ 28-14 WATER, SEWERS AND SEWAGE DISPOSAL, ETC. § 28-23
Co) A duly authorized representative of the city must be present on site prior to com-
mencement of digging, excavation, construction or utility installation for the purpose of lo-
cating city utility lines.
(c) Written notification may be reduced in case of emergency, as determined by the di-
rector of the department of ut~itios, or his designee; provided that the owner/applicant shall
bear all costs incurred by the city in meeting the expedited work schedule. (0rd. No. 3042, §
3, 12-10-90)
Editor's note-Provisions enacted by § 3 of Ord. No. 3042, adopted Dec. 10, 1990, and
designated as § 28-180, have been redesignated and included heroin at the discretion
of the editor as § 28-14 for purposes of classification.
Sees. 28-I5-28-22. Reserved.
ARTICLE II. WATER AND SEWER SERVICE CHARGES
Sac. 28-23. Free services nr establishment af preferential rates prohibited; services
rendered to city..
The city will not render er cause te he rendered any free services of any nature by i~s water
and sewer systems, er any part there~f, nor win any preferential rates he established for t~ars
of the same class, and in the event the ci~ or a~v dspafcmen~, a~ency, instrumentality, officer
or employee thereof shall avail itself of the facilities or services provided by the water and
sewer systems. or any part thereof, the same rates. fees or charges applicable to other users
receiving like services under shnflar circumstances shall be charged the city, er any such
department, agency, instrumentality, officer or employee. Such charges shall be paid as they
accrue, and the city shall transfer from its general funds sufficient sums to pay such charges.
The revenues so received shall be deemed to be revenues derived from the operation of the
water and sewer systems, and sha/l be deposited and accounted for in the same manner as
other revenues derived from such operation of the water and sewer systems.
For the use of and the service rendered by said sewage works, rates and charges shall be
collected from the owners of each and every let, parcel of real estate or building that is
connected with the city's sewer system or otherwise discharges sanitary sew~e. industrial
wastes, water or other liquids, either directly or indirectly. into the sewer of the city, which
rates and charges shall be payable as heroinafter provided and shall be in the amount deter-
minablc as follows:
Separate meters. There shall be provided by the owner a separate meter for each single
family Hving unit and business unit connected to the water system of the City of Sanford.
Florida.
Annual rate notification. Annual noti~cati on shall be given to each user of ~he r.~.t~a_b~i..n.g .__
charged. (Code 1954, § 21-21; Ord. No. 3007, § 1, 7-23-90~
Supp. No. 31 1651
Exhibit "C"
Page 1 of 4
§ 28.24 SANFORD CODE § 28-Z4
Sec. 28-24. Water raSes.
(a) Water furnished by the city shall he paid for upon the basis of a minimum of two
thousand (2,000) gallons of water furnished monthly to each user of water, whether such
arnoUn~ is used or not.
Co) Water furnhhed by the city shal~ be paid for monthly by the user in accordance with
the following charges:
(1) Service availability charge: There shall be a monthly service availability charge for
each account or installed meter as follows:
Water Meter Charge
Si~e (per month)
3/4". .......................................................... $ 3.14
1" ............................................................ 6.29
llh" . ......................................................... 12,57
2" . ........................................................... 18.85
3". ........................................................... 62.81
4'. ........................................................... 141.31
6" ............................................................ 251.21
8" ............................................................ 376.81
10" ........................................................... 471.01
12". .......................................................... 628.01
(2) Consumption charge: All water c~nsuraed each billing period shall be billed at the
rate of one dollar and twenty cents ($1.20} per thousand gallons for the first two
thousand (2,000} used; then one dollar and forty-five cents ($1.45) for each additional
one thousand (1,000} gallons used, or additional ~action thereof. Minimum monthly
billing shall be for two thousand (2,000) gallons.
(3) Surcharge for outside city customers: A twenty.~ve (25) pQroen~ surcherge ahall apply
to both the service availability charge and the consumption charge for customers
located outside the city limits.
(c) Fire hydrant rental s~-TJ be at the rate of one hundred dollars ($100.00) per year per
hydrant.
(d) Where a metered water supply is used for fire protection as welt as for other uses, the
city may, in its discretion, make adjustments in the user charge as may be equitable.
(e) For the service rendered to the c~ty, the city ~hA!] be subject to the same rates and
charges hereinabove provided or to rates and charges established in harmony therewith. (Ord.
No. 971, §9 1-4, 9.8-69; 0rd. No. 1007, § 1, 11-9-70; Ord. No. 1090, § I, 9-11-72; Ord. No. 1351,
§ i. 8-9-76; Ord. No. 1554, § 1, 8-10.81; Oral. No. 1784, §9 1, 2, 11-11-86; 0rd. No. 1831, § I,
8-25-86; Ord. No. 1907, §9 1, 2, 11-23-87; Ord. No. 2060, §9 1, 2, 9-25-89: 0rd. No. 3007, § 2,
7-23-90; 0rd. No. 3066, 9§ I, 2, 7-22-91; Ord. No. 3164, §9 2, 3, 7-25-93)
Supp. Ne. 31 1652
Exhibit "C"
Page 2 of 4
§ 28.25 WATER, SEWERS AND SEWAGE DISPOSAL, ETC. § 28-25
Sec. 28-25. Sewer rates.
(a) Charges for the use or availability of use of the sewer system of the city shah be as
follows:
(1) Service availability charge: There shall be a monthly charge for each account as
follows based on water meter size:
Water Meter Chargs
Size (per month)
~,J'. .......................................................... $ 4.69
1" . ........................................................... 9.40
lx12'' , ......................................................... 18.78
2". ........................................................... ' 28.17
3" . .......... ~ ................................................ 98.88
4". ........................................................... 211.21
6". ......... : ................................................. 375.46
8" . ..................................... ; ..................... 563.20
10". .......................................................... 704.00
12". .......................................................... 938.68
(2) Sewage treo. trn~nt charge: In addition to the service aveilab'fiity charge there shall be
a charge for actual treatment of sewage of two dollars and twenty cents ($2.20) per one
thousend (1,000) gallons of water for the re'st two thousand (2,000) gallons; than three
dollars and thirty-one cents ($8.81) for each additional ene thouse~d (1,000) gallons or
fraction thereof, based on water meter readings. Minimum monthly billing shall be
for two thousand (2,000) gallons. M~dmum sewer flow charge for single family res-
idential accounts shall he based on twelve thousand (12,000} gellens of usage per
month.
(3) S~r~harge for outside city customers: A twenty.iive (25) persent surcharge shall apply
to both the setdoe availability charge and the consumption charge for customers
located outside the city limits.
(b) In order that the rates and charges may be justly and equitably a~jtmted ts the services
rendered, the city shall base its charges not enly on volume but also on the ~trength and
character oaths sewage and waste which it ia required to dispose of. The city shall require the
owner or other user to measure and determine the strength and content of all sewage and
waste discharged, either directly or indirectly, into the city's sewer system in such manner and
by such method as m~y be deemed practical in the light of the conditiens and attending
chrcumstences or the case in order to determine the proper charge. The owner or other user
shall furnish a central sampling point available to the city at all times.
(c) Extra charges based on the strength of the sewage and liquid wastes shall be made on
the following hasis:
Bate Surcharge Based Upon Suspended Solids
There shell he an additional charge of $0.20 per pound S.S., or fraction thereof, or
suspended solids in excess of 200 milligrams per liter ef fluid.
Supp. N~.3I 1652.1
Exhibit '~C"
Page 3 of 4
§ 28-25 SANFORD CODE 6 28-28
Rate Sure}Large Based Upon B.O.D,
There shall be an additional charge of $0.20 per pound BOD or ~action thereof, oF
binchemical oxygen demand in excess of 200 milligrams per liter of fluid. The city
commission is author/zeal to prohibit dumping of wastes into the city's sewer system
which. in its discretion, are deemed harmful, or otherwise undesirable.
(d) Users outside the city limits shall pay an additional twenty-five (25) percent of the
amount derived from the above formula. (Code 1954, § 21-14; Ord. No. 676, § 1, 8-8-59; Ord. No.
789, 6 1, 10-8-62; Oral. No. 972, §§ 1, 2, 9-8-69; Oral. No. 1008. § 1, 11-9-70; Oral. No. 1091, 6 1.
9-11-72; Ord. No. 1169, § 1.9-20-73; Ord. No. 1350, § 1, 8-9-76; Oral. No. 1564, 6 2, 8-10-81; Oral.
No. 1784, §§ 3, 4, 11-11-85; Ord. No. 1907, §§ 3, 4, 11-23-87; Ord. No. 2080, 66 3, 4. 9-25.89; Ord..
No. 3007, § 3, 7-23-90; Ord. No. 3068, §§ 8.4, 7-22-91; Ord. No. 3164. §6 4, 5, 7-26-93)
Sec. 28-26. Sewer charges applicable if sewer available, whether or not connection
made.
The rates and charges establ/shed in section 28-25 shall apply to all users, whether owner
or tenant (this being deterrained, in the case of users of the city water system), by the applicant
for water service, and othenv/se by ownership of the property served, of the city water and
sardtary sewer system, or either of them, where a city sewer is available for use, as deter-
mined in accord with section 28-7. whether or not connection has been made to such sewer.
Such charges shall not apply, however, until s/xty (50) days after such sewer becomes avail-
able. (Code 1954, 6 21-15)
Sec. 28-2T. Computation of sewer charges where water not furnished by city.
(a) In the even~. that metered water shall be furnished by any plant or system other than
the waterworks system of the city to any user chargeable with a sewer service charge, the
meter used shall be of a type approved for accuracy of measurement by the department of
public utilities and subject to such periodic tests as the department of public utilities shall
consider necessary to insure that accuracy is maintained, and bills for sewer charges shall be
computed on the basis of what the water bill would be if the same quantity of water should be
furnished by the waterworks system of the city.
(b) In the event that untostored water shah be furnished by any plant or system, in.
eluding any privately owned plant, other than the waterworks system of the city to any user
chargeable with a sewer service charge, such user shall install, at his own expense, a meter
acceptable to the department of public utilities for measur/ng the quantity of water so used,
and hills for sewer charges shall be computed on the basis of what the monthly water hill
would be if the same quantity of water should be £urnished by the waterworks system of ~he
city. Pending the installation of such meter, the department of public utilities shall estimate
the quantity of water used on such lot or parcel and render bills to such user for sewer charges,
computed on the bas/s of what the monthly water bill would he if such estimated quantity of
water should be furnished by the waterworks system of the city. (Code 1954, § 21-19}
Sec. 28-28. Reduction of sewer charges for water not entering sewer system.
In the event that water furnished by the waterworks system of the city or by any other
plant or system, including any privately owned plant, shall be used regularly on any lot or
Supp. No. 3! 1652.2
Exhibit "C"
Page 4 of 4