LETTER RE REFUND
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RECEIVED
Mr. Anthony L. Shoemaker
City Manager
P.O. Box 4749
900 Chestnut Street
Clearwater, FL 33518
RE: City of Clearwater's Temporary Agreement of October 21, 1977
with Dyna-F10 Services, Inc.
MA Y 18 1983
CITY CLERK
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Oear Mr. Shoemaker:
We have been ordered by the Florida Public Service Commission (see enclosed
copies of the orders) to refund $10,252.00 received under the above agreement
and have enclosed our check number 2617 in payment and the calculation of the
amount.
~IDuld you please sign the enclosed copy of this letter acknolwedging receipt of
the payment and return it to me.
We appreciate your cooperation in this matter and hope our unsolicited
contribution to the City's coffers will be accepted.
Very tr.uly yours,
o SERVICES, INC.
Sandy" Ll overas, P. E.
President
RECEIVED AND ACCEPTED
BY: / s / Anthony L, Shoemaker
Anthony L. Shoemaker
Ci ty Manager
DATE: 5/17/83
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3210 U.S. HWY. 19 NORTH . CLEARWATER. FLORIDA 33515 . PHONE 813/784-5357
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- Prepand Form
TO:
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ROUTE TO:
InitUl &
Fo,....,d
FROM:
City Hanager
DATE: May 3, 1983
1..__________ .n___ .n__. __nn__ ,(
2___n_________.__,__... .__h.n(
3._____ nnn..._ hn hn__.__nn (
COPIES:
" SUBJECT: Dyna Flo Services, Inc.
) SEE ME
) DRAFT REPLY FOR MY SIGNATURE
) INVESTIGATE AND REPORT
) HANDLE TO COMPLETION
CLEAR WITH ALL AGENCIES CONCERNED
EXPECT REPLY n_n__n___.h. ___n____h_
MAY I COMMENT ON THIS?
1 FOR YOUR INFORMATION
PREPARE JOINT RE1'ORT
) FOR LEGAL PREPARATION
FOR CLEARANCE
) NEED APPROVAL OF __uunh___nnn____
ESTIMATE COST
FOR NECESSARY ACTION
) FOR IMMEDIATE ACTION
J DRAFT LETTER FOR AGENDA
FOR YOUR FILES
FOR YOUR SIGNATURE
RETURN
JOB ACCOMPLISHED
I REPLY DIRECTLY TO CORRESPONDENT; SEND COpy TO THIS OFFICE
) CONTACT CORRESPONDENT; REPORT ACTION TAKEN TO THIS OFFICE
) SUBMIT YOUR RECOMMENDATIONS OR COMMENTS IN WRITING
I PREPARE ROUGH SKETCH
( ) PREPARE RESPONSE FOR MY SIGNATURE
REMARKS :
.
PIs review for accuracy and provide recommendation.
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CITY JF CLEARWATER
Interdepartment Correspondence Sheet
TO:
FROM:
COPIES:
SUBJECT:
Anthony L. Shoemaker, City Manager
Max G. Battle, Public Works Director
DATE:
Dyna Flo Services refund payment to Clearwater
Florida Public Service Commission Order # 10776
May 13, 1983
Per your request of May 3, 1983, review has been made of
attached Dyna Flo Services, Inc. refund payment to the
City of Clearwater in compliance with the Florida
Public Service Commission Order No. 10776.
Calculation of payment appears to be correct based
on the information received. The beginning date for
the refund period of February 9, 1981, cannot be
..' .~... v rified from the information received.
~ Acceptance of the refund is recommended.
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Attached
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RECEIVED ,u,PR
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I BEFORE THE FLORIDA PUBLIC SElvICE CO~~
In re: Application of oyna FIe )
Services, Inc., to increase rates)
for sewer service in pinellas )
County, Florida. )
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DOCKET NO. 800634-S
ORDER NO.
11789
ISSOED:
4/4/83
The following Commissioners participated in the disposition of
this matter.
CO~~SSIONER JOSEPH P. CRESSE
COMMISSIONER JOHN R. MARKS, III
COMMISSIONER KATIE NICHOLS
COMMISSIONER SUSAN W, LEISNER
~RDER REQUIRING A REFUND
BY THE COMMISSION:
On June 3, 1982, a Notice of Administrative Appeal was timely
filed by the utility challenging Commission Order No. 10776. That
order reflected, after public hearing, this Commission's decision
on Dyna FIo Services. rate increase application. The utility was
not re~uired to make the refund mandated by that order pending
resolution of the appeal. On March 8, 1983, the 1st District
Court of Appeal resolved the utility.s challenge by upholding
Commission action in this docket.
Now, in consideration of that court action, it is
ORDERED by the Florida Public Service Commission that the
utility be required to initiate, within 30 days of the date of
this order, refund procedures to the City of Clearwater in
accordance with the provisions of Order No. 10776.
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By Order of the Florida Public Service Commission this 4th
day of APRIL 19B3.
( SEA L )
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DOCUME~T NUM~ER-llATE
02930 APR-l 683
FfSC CC'~i_-::;~::':,; CUJ.i;
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DOCXET B00634-S(CRI
ORDER NO 10776
SHEET 10
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economic interoependence of Dyna-Flo Services with the parent
organization. We adopt the staff position on this issue.
Schedule 5 attached to this order depicts the capital
structure of Dyna-Flo.
We conclude that the base facility charge rate design is the
most reasonable and least discriminatory method of setting sewer
rates for this utility. No competent evidence was offered to
support the existing rate structure, which provides for a price
differential between residential and gene~al service rates.
The Office' of the Public Counsel sponsored customer testimony
in support of the existing rate structure. The president of
Spanish Oaks Homeowners' Association testified that residential
customers generate 39% of the sewage flows treated by Dyna-Flo~
This figure was derived using an estimate of 200 gallons of sewage
per day per residential customer~ However, sewage flows are not
~etered between cus~omer classifications and there is no way to
know the percentage of plant flows attributable to residential
versus general service custo@ers. ~e believe the best estimate of
the demand placed on the sewage treatment facilities is the
customerls water consumption. The base facility charge rate
structure is designed using the actual water flow for the test
year customers from the billing analysis.
The base facility charge rates designed to produce $249,414 in
gross annual revenues are as follows:
BI-MONTELY
Residential
BPC $11. 46
Gallonage 51.01 per M
Maximum charge at 20 M gallons
General Service
Meter Size
5/S"
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1-1/2'
2'
3'
4 .
6'
Gallonage $1~01 per H, no ~aximum
B. F. c.
$11.46
28.65
57.30
91. 68
lS3.36
286,50
573.00
In proposed agency ac~ion Order No. 10181. we found that the\
utility was overearning as a result of a contract ~ith the city. \
That crder required the utility to refund S4,O~O for each wonth 1
~e contract was in effect afcer the ra~es ~ere placec unoer
bond. Because....e are increas:J..ng the revenue rec;u~rement of the
utility from that authorized in the proposed agency action order,
the amount of the monthly refund should be Sl,~64 per month.
In its IeCO~uencec order the utility contends that the
Co~ission has not prOmulgated rules on used and useful, ~ini~cm
cost for capital items and allowable rate case eX?ense. \;hile
specific rules on these issues cia not exist, the COm~ission is
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ORDER NO 107i6
SEEET 11
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under no legal obligation to do so at this point in t~me. As
no~ed in MCDonald v. Deot. of Bankinq and Pinance, 3~6 50.2d 569
(Fla. 1st DCA 1~77):
While the Florida APA thus requires rulemaking
for policy statements of general applicability,
it also recognizes the inevitability and
desirability of refining incipient agency
policy for adjudication of individual cases.
There are quantitative limits to the detail o~
policy that can effectively be promulgated as
rules, or assimilated: and even the agency tbat
knows its policy may wisely sharpen its
purposes through adjudication before casting
rules. (at 581)
Tne Commission does ~aintain a subject matter
oreers pursuant to paragraph l20.53(2)(c), P.S.
arguments on this point are ~ithout merit.
index of its
The c.tilityls
In view of the foregoing, it is
ORDERED by the Florida Public Service Cotr~ission that Dyna-Flo
Services, lne. is authorized to increase its se~er rates in order
to generate annual gross revenues of $249,414. It is further
ORDERED
until after
Commission.
~hat the rate schedules ~ill not become effective
tariff pa~es are filed and approved by the
It is further
ORDERED that the rates approved herein are effective for
service rendered from the date of this ordera It is further
ORDERED that prior to implementing the increased rates the
u~ility shall notify each customer of the authorized increase and
explain the reason for the increase. The letter of explanation
shall be submitted to the Commission staff for prior approval. It
is further
ORDERED that the refund to the City of Clear....ater required
this cocket be made within 30 days of the date of this ocder4
is furth-er
ORDERED that the utility shall file \lith the Commission a
detailed schedule showing the amount refunded to the City of
Clear....ater. It is further
ORDERED that this docket shall recain open until the refund
verified by the Commission staff4
By Order of the Florica Public Service Commission this 6th
cay of -May 19B2~
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COHMlS~ON CLERK
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H"lnsuran(;~ ispo1 wamec!, the poiic)' or nH~!1JOr(wdum should' bE' r2lUrnea tG our ofij~[' en onCE:. HoldlnL' til!: co;nrac~ \'\.,;:1 br. considcf!;d you; E,.ccq.Jtan
lCllV[ U..:.l E
POLICY NO
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hi::!1lUm~ dlH i:n:. r:,~':abl::. or f~;c:!i\.t: rilH [i~ poiic\".
A periodic raTe of .833% as B 1inance charge, will be edOIHl
on balance Q\ler 30 days which is an AN NUAL PE RCENT AGE
RATE 01 'O~~_
l TOTAL A~~S'NT~:~E
RODGERS & CUMMINGS INC.. P.O. BOX 6600, CLEARWATER, FLA_ 33518
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RECEIVEDI.JfJ't'
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CLEARWATER ~
DEPARTMENT
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CITY OF
UTILITIES
POST OFFICE BOX 4749
CLEARWATER, FLORIDA 33518
OFFICE OF
UTJLITIES DIRECTOR
OFFICE AND OISPLAY ROOM
900 CHESTNUT STREET
November 4, 1981
Mr. Ralph Lenoir
DynaFloServices, Inc.
3210 U. S. Highway 19 North
Clearwater, Florida 33515
Dear Mr. Lenoir:
I wish to thank you and Dyna-Flo for your consistently
excellent cooperation with the City over the four years of
this agreement.
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I am writing to advise you of the termination of the City of
Clearwater's temporary agreement of October 21, 1977 with
Dyna-Flo due to the start up of the new lift station in the
Countryside area on September 10, 1981. A final payment for
the period from September 4 through September 10, 1981 for
$1,185.90 has been made covering all outstanding services
from Dyna-Flo for the City of Clearwater.
Sincerely yours,
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Paul R. Rettig \
utilities Directo
PRR:deb
cc: Elizabeth Haeseker, Assistant City Manager
City Clerk
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WATER
... WATER POLLUTION CONTROL
. " SOLID WASTE
"Equal Employmenl and Affirmative Action Employer"
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Vi T I LIT I E S
CITY
OF
CLEARWATER
DEPARTMENT
POST OFFICE BOX 4749
CLEARWATER, FLORIDA 33518
O'Ffll!E'OF
UTILI,T(ES DIRECTOR
OFFICE AND DISPLAY ROOM
900'CHESTNUT STREET
November 4, 1981
Mr. Ralph Lenoir
DynaFlo Services, Inc.
3210 U. S. Highway 19 North
Clearwater, Florida 33515
RECEIVED
Nav 6 1981
Dear Mr. Lenoir: ,f::nx ~~
I am writing to advise you of the terminifti151f"of the..S:::~ of
Clearwater's temporary agreement of October 21, 1977 with:
Dyna-F1o due to the start up of the new lift station in the
Countryside area on September 10, 1981. A final payment for
the period from September 4 through September 10, 1981 for
$1,185.90 has been made covering all outstanding services
from Dyna-Flo for the City of Clearwater.
I wish to thank you and Dyna-Flo for your consistently
,excellent cooperation with the City over the four years of
tl:lisagreement.
Sincerely yours,
Qa-J2- /L ~
Paul R. Rettig. U
Utilities DirectOl;
PRR:deb
cc: Elizabeth Haeseker, Assistant City Manager
~YClerk
,
GAS
WATER
WATER POLLUTION CONTROL
. " SOLID WASTE