SEWER SERVICE AREA AGREEMENT (3)
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SEWER SERVICE AREA AGREEMENT
THIS AGREEMENT, made and entered into this
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, 1979, by and between THE CITY OF DUNEDIN,
a municipal corporation, hereinafter referred to as "Dunedin"
and THE CITY OF CLEARWATER, a municipal corporation, hereinafter
referred to as "Clearwater."
WITNESSETH
In consideration of the mutual promises and covenants
contained herein and for other good and valuable consideration
the parties hereby agree as follows:
WHEREAS, Dunedin and Clearwater are in the process of
making long-range plans for the providing of sanitary sewer
service to residents of a portion of Pinellas County; and
WHEREAS, Dunedin and Clearwater find it necessary and
desirable to define the boundaries of wholesale and retail
sanitary sewer service areas for the respective sewer systems
of Dunedin and Clearwater; and
WHEREAS, it is the mutual desire of both Dunedin and
Clearwater to effect a plan whereby they will not compete or
duplicate sewer services within such areas; and
WHEREAS, the parties desire that the Agreement hereinafter
set forth shall comprise an interlocal agreement within the
meaning of Section 163.01, Florida Statutes.
NOW, THEREFORE, the parties hereto agree as follows:
1. The term "sewer service" shall mean the collection
and/or treatment of sewage, at present or in the future, from
the geographical areas defined herein.
2. The sanitary sewer service area of the cities shall
be as is further set forth and described in Exhibit "N', attached
hereto and made a part hereof by reference.
3. The parties shall abide by the sanitary sewer service
area designated in the said Exhibit "A." The parties shall have
the exclusive right to provide wholesale and retail sanitary
sewer service within the area allocated to such party and further
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agree not to compete with each other as to the provision of such
sewer service outside their respectively designated area as
per Exhibit "A" and hereby waives any claim to provide sanitary
sewer service to the other party's designated service area.
4. The parties agree that this agreement shall remain
in effect for a period of five (5) years from the date hereof
and shall automatically be extended for additional five (5)
year periods unless written notice of the desire to terminate
this Agreement is delivered to the City Attorney for the other
party, either by hand or by certified or registered mail no
later than sixty (60) days from the anniversary date hereof
at the end of the first five (5) year term or any automatic
extension thereof.
5. Provisions of this Agreement may be modified by the
parties as to all or certain specified services, including the
provision of temporary sewer service in the other party's service
area, by means of an agreement in writing executed by both
parties, making specifie reference to this Agreement.
6. This agreement shall repeal any previous oral or
written agreement between the parties with regard to the
provision of sanitary sewer service within designated areas of
Pinellas County.
7. This Agreement shall be considered an interlocal
agreement within the meaning of the provisions of Section 163.01,
Florida Statutes, and shall be submitted to the Department of
Legal Affairs of the State of Florida and filed with the Clerk
of the Circuit Court in Pinellas County and with the Department
of Community Affairs of the State of Florida. The failure of
either party to file or record this Agreement as aforesaid shall
not affect its validity or binding effect on the parties
hereto.
IN WITNESS WHEREOF, the parties of this Agreement have
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hereunto set their hands and seals and have executed this
Agreement, in duplicate, the day and year first above written.
Witnesses:
C
B
Attest:
~~~~
City Clerk
CITY OF DUNEDIN
BY,~- # 7~"'-
Cl'ty Manager
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Exhibi t "A"
Sanitary Sewer Service Area for the City of Dunedin shall lie Northerly and
Westerly of the following described line, and the Sanitary Sewer Service Area
for the City of Clearwater shall lie Southerly and Easterly of the following
described line:
Begin where St. Joseph's Sound intersects the Westerly extension of the center
line of Union Street and run East along said centerline of Union Street to the
centerline of Keene Road; thence run North along the centerline of Keene Road
to the centerline of County Road 34 also being the East-West centerline of
Section 36, Township 28 South, Range 15 East; thence run East along said cente.
line of County Road 34 and its Easterly extension to the East line of said
Section 36; thence run North along the East lines of Sections 25 and 36,
Township 28 South, Range 15 East to the centerline of Main Street (State Road
580); thence run East along the centerline of Main Street (State Road 580) to
the centerline of U.S. 19 (State Road 55); thence run North along the center-
line of U.S. 19 to the north Section line of Section 18, Township 28 South,
Range 16 East, a point of Ending. .
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