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03/29/1954 :' ',. \ I;..... :., -. /..., . ,'\' :::.,.. . 'to ,,;,,,.,,,,.' "....x.:. ,. CITY COMMISSION MEETING March 29, 1954- The City Commission of the City of Clearwater met in special session at City Hall, Monday, March 29, 195~, at 1:30 P.M. with the following members preeent: Herbert M. Brown John W. Bates Guy L. Kennedy W. E. Strang, Jr. Jack Russell Mayor-Commissioner Commissioner Commissioner Commissioner Commissioner Also present were: Gerald Weimer B. J. Driver G. T. McC1amma City Manager's representative Asst. City Attorney Chief of Police ( ~ f \. t ~ r , ( ~ I 1 j I I I I i' The Mayor called the meeting to order and announced that the purpose of the meeting was to consider the proposed thirty year water contract between the City of Clearwater and the County of Pinellas whereby the City will purchase water from the County. Commissioner Strang as a member of the Water Committee reported that the Committee approved the contract in its present form. The Mayor stated that the Water Committee composed of himself, Commissioner Bates and Commissioner Strang had attended the County Commission meeting and they had considered the interim agreement at that time and had made several slight changes in it. The Mayor reported that a copy of both agreements had been mailed to each member of the City Commission. Several of the Couney Commission members, the County Attorney, Mr. W. C. Cramer, and Mr. S. K. Keller, Superintendent of the County Water Department, were present. Commissioner Strang moved that the water contract between the City of Clearwater and the County of Pinellas, the text of which is to be a part of this motion, be approved as of this date, March 29, 1954, and the proper officials be authorized to sign it. Motion was seconded by Commissioner Russell and carried unanimously. The Commissioners considered the agreement between the City of Clearwater and the County of Pinellas whereby the County would supply water to the City from the County's interim well field until such time as the connection to the new well field in the Tampa High area is completed, and the thirty year contract would go into effect. Commissioner Bates moved that the Commission approve the interim water agreement between the City and the County and that the proper officials be authorized to sign and execute the same, said interim water agreement being the one dated March 29, 1954. Motion was seconded by Co~issioner Russell and carried unanimously. The Mayor read a letter from Mr. Robert Wilson, Secretary of the Special Events Committee of the Senior Chamber of Commerce, which pointed out that there was only $100.50 left in the Special Events Committee Fund for the rest of the budget year, and requesting the Commission to allocate $5,000.00 for the remainder of the year. Commissioner Bates moved that the Commission authorize the allocation of $5,000.00 to the Special Events Fund for use as required upon recommendation of the Committee and following the proper authorization. Motion was seconded by Commissioner Strang and carried unanimously. The Mayor asked the Commissioners if they had any comment regarding his statement in the Clearwater Sun that salary raises for City employees would have to be deferred to the beginning of the new budget year -- July 1st. Commissioner Bates stated that it was the feeling of a11 the Commissioners and it was certainly his feeling that not only the firemen but all the employees of the City merit the raise in pay based on the cOBt-o~-living, but it happens to be unfortunate that the City finances at this time just can't stand it. The Mayor summarized by saying that the Commissioners are in accord and agree that effective July 1st the cost-of-living increase wial be granted all the departments in the City that have not had one. There being no further business to come be~ore the Commission, the meeting was adjourned at 2:la P.M. " ' ~:', :;~.\;. ~ " . Attest: ~~~ erk .:,1.. R !~~,l~~f '~~ ,\ .""".,~ ,:" ::',~ "':,:,':,:;,::::.:,! r'", '11'':''''"\; 4;.:9~ . I.)' .,.' . ," 'I ,,'., " :,' \,' 'l I , I \ 'I " , ,\;, ' .', ' .".:" '~'" "" ;' f ..< 'If " , i "1' "-"J I '1 .....,.-. "--'~.-- "~-~-'------~~~.=~~,------- ---'--::"~,~i.:;~~~';~i:~;;:~~~';~~i~i- . '" >, ,...i.:.".... :'-::....."".., CITY COMMISSION MEETING March 29, 1954 Mayor-Commissioner Herbert M. Brown Commissioners: Jack Russell, W. E. Strang, Jr. John W. Bates, Guy L. Kennedy March 26, 1954 Gentlemen: The City Commission will meet in Special Session on Monday, March 29, 1954, at 1:)0 p.m. in the City Hall Auditorium for the purpose of discussing the following items: ,"t',':.. ,::\ '.' .. "J' , ,; ;i': . " , " 1. Commission's consideration of Water Contract with Pinellas County. 2. Any item not on the agenda will be considered with the consent of the Commission. FCM:s Very truly yours, /s/ F. C. Middleton City Manager I,' '" I .. j ,;' ! '~, :",:, --------------------~~----------------------~--~~--------------~~--~--~------- Mr. Francis Middleton, City Manager City Hall Clearwater, Florida March 19, 1954 Re: Special Events Committee of the Senior Chamber of Commerce Dear Mr. Middleton: Mr. Cleveland Inscoe has just recently been appointed Chairman of the Special Events Committee of the Senior Chamber of Commerce but as secretary my records show that we only have a balance of unallocated funds in the amount of $100.50. Several requests have been made to the committee and other requests, I am sure, will be made within the budget year and it is for that reason I think it advisable to allocate $5,000.00 to the Special Events Committee fund in order that the request may be properly screened and sent to the City Commission for final approval. I believe that the Special Events Committee is serving a useful purpose in helping Clearwater grow. Rww/dd Respectfully submitted, /s/ Robert W. Wilson Special Events Committee --~-----~---------------------.------------------------------------------------- WATER CONTRACT THIS AGREEMENT, made and entered into this 29th day of March, 1954, by and between PINELLAS COUNTY, FLORIDA, acting by and through its Board of County Commissioners (hereinafter sometimes referred to as the "County"), and CITY OF CLEARWATER, a municipal corporation in said Pinellas County, acting by and through its City Commission (hereinafter sometimes referred to as the "City"), WITNESSETH: WHEREAS, the County has proposed to construct a new water supply system and has acquired a supply of water adequate to supply its present and future needs and to take care of certain municipalities in the County of Pinellas, inCluding the City of Clearwater, through proper action of their respective governing bodies indica~e a desire to be furnished a steady and sure supply of water in sufficient quantities to serve their respective needs. WHEREAS, ~he cos~ of said water supply system, including expenses incidental thereto, are to be defrayed through the issuance and sale by said County of its revenue certificates which are to be payable from and secured solely and only by the revenues from said water supply system remaining after payment or allowance for payment of the reasonable and necessary expenses of operating, maintaining and rep~iring the system; and, WHEREAS, the City of Clearwater presently owns and operates the water distribution system in and immediately adjacent to said City supplying water for industrial, commercial, domestic and municipal purposes, but desires to adequately supplement its syatem to assure its citizens of a continuous, sufficient supply of good potable water in the future, this being essential to the general public welfare and benefit, it is necessary for the continued successful operation of said existing municipal water distribution system that said City procure an additional supply o~ water which the County upon the construction of its water supply system wdll be able, and is agreeable. to supply subject to and in accordance with the terms of this agreement. ~' ._~ ,.._....~ , P' ~- '. '" ,',v:i(,"~T:':~::;;~:~:;;;\~:7''r.;t~t~''ifl . If 0 7'" , ',,',',', .. ~,.t't,?i:;,;i-j.\' ~ . .,.: '"" ""."." , ";~~ " ,.~ '. ,';)i~~Jr'\ '. "'P~-:\'~'''':h{.,;1 , ~ .-......... I ,I , I ,I " CITY COMMISSION MEETING March 29, 1954 (Continued) NOW, THEREFORE, the parties hereto do hereby covenant and agree 8S follows: 1. The County hereby agrees subject to the terms of this agreement and particularly to the provisions in the first sentence of Section 5 hereof, to construct an adequate water supply system to take water from the Eldridge-Wilde tract and adjacent tracts in the "Tampa High", and upon completion of the construction of said County water supply system and subject to the terms and conditions hereinafter set forth, the County will deliver under a pressure of approvimately 65 pounds per square inch, or at a pressure sufficient to supply the demands of the City, at the following take-off points: (8) Gulf to Bay and Belcher Road (b) Coachman Road (State Road 590) and Belcher Road (c) Druid and Belcher Road or at such other point or points as may be mutually agreed to by the parties hereto, all the water requested by said City for use in said water distribution system as now exists or as may hereafter be extended for a period of thirty (30) years from the date of commencement of supplyin~ such water. The County will so operate its water supply system as to maintain water pressure at the point of delivery sufficient to supply the City's current requirements except as limited in Section 7 herein. The County does agree that the supply of water to be deliver- ed hereunder will be at all times continuous except that temporary cessation of delivery of water at any time caused by the Act of God, fires, strikes, casualties, accidents, necessary maintenance works, breakdowns of or injuries to machinery, pumps or pipe lines, civil or military authority, insurrection, riot or any cause beyond the control of the County, shall not constitute a breach of this agreement on the part of the County, and the County shall not be liable to the City or its inhabitants for any damage resulting from such unavoidable cessation of delivery. 2. All water delivered under this agreement shall be good and potable water and shall be of like potability and purity as that furnished to the County distribution system from the water supply system to be constructed as aforesaid at its connection with the present County water system, and shall meet the bacterial and chemical quality standards of the Florida State Board of Health and the United States Public Health Service, and to be of a minimum quality of a hardness of less than laO parts per million and with maximum chloride not to exceed 100 parts per million. It shall be measured by a meter or meters of standard make and sufficient size to be furnished, installed and maintained by and at the cost of the County and located at the point or points of delivery of water to the City. In case the City shall at any time question whether ,any meter or meters are registering correctly the City shall have the right upon making written request of the County to have such meter or meters tested in the presence of a representative of the City and, if, as a result of such test, said meter or meters shall be found incorrect or inaccurate, said meter or meters shall be restored to an accurate condition or a new meter or new meters shall be installed at the cost of the County. If such meter or meters be found to be substantially accurate, the cost of such test shall be borne by the City, but otherwise shall be paid by the County, and should any such test or tests show any such meter or meters to be substantially inaccurate, computations for water pre- viously delivered since the last preceding monthly meter reading shall be adjusted accordingly. The County reserves the right to test such meters at any time. The term "substantially accurate" hereinabove mentioned shall be construed to mean within 2~% plus or minus from perfect registration. 3. The quantity of water delivered to the City shall be determined from meter readings made by or on behalf of the County approximately once in each month, whereupon the County agrees to render a bill to the City for the amount then due as thus ascertained. Until water has been so delivered for a full calendar year, such monthly billings for water shall be made at the rate of five cents (5~) per one thousand gallons, but if at the end of sucp full calendar year of such operation and at the end of each calendar year thereafter the quantity of water so delivered and billed during such year is less than an average of four million gallons per day then the County will bill the City, and the City agrees to pay the County for an amount of water equivalent to such four million gallons per day at the said rate of five cents (5t) per one thousand gallons whether used by the said City or not; provided, however, that the County shall not sell water to any other water distributor, water distribution system, or municipality at a rate less than t~e rate then currently charged the City of Clearwater. The County agrees to furnish and the City agrees to purchase annually an average minimum of four million gallons (4,000,000) per day or a total minimum of fourteen hundred sixty (1,460) million gallons per year. Settlement of the amount if any, to be paid by the City by reason of the minimum quantity of water, all as hereinberore in this numbered section provided, shall be made within forty-five (45) days after the close of each calendar year, and the City agrees to make payments of the amounts due for monthly billings far water as hereinbefore in this section provided. within twenty (20) days from the date the County renders the respective monthly billings. Upon execution of this agreement by the parties hereto, it is contemplated that the County will within a reasonable period oE time seek and obtain the necessary finances wherewith to carry out the water supply system project herein contemplated by means of a revenue certificate issue in an amount the Coun~y doems necessary for the construction, completion and operation of said project as contemplated hereunder, and in the event before such revenue certificate shall bavebeen ~ully retired, increased consumption demands reasonably justify or require expansion of the water supply system thus necessitating additional ~inances for the purpose, the right is hereby reserved by the County from time to , .....1,., . 0,'/ , J , .i .. ._1 '. J j' , 'I I . , , '. , , ,: I ',:.':..... :.' " ", I , ".'~i ::':':1 I , . ,',., , '" ....., .-..".::::~~:.:~~~;'<~f;;i~~~~~f?i .. f k " ~, , " l-.. I j I: I " I r I .. ) CITY COMMISSION MEETING March 29, 1954 (Continued) time to issue, sell and deliver additional water revenue certificates which shall rank on a parity with the certificates hereby authorized or permitted to be issued as may be then outstanding in order to provide such additional finances. 4. The monthly billin~s for water delivered during each year of operation under this agreement shall be at the rate of five cents (5t) per thousand gallons, and so long as the County has outstanding any revenue certificates issued in connection with said water supply system the County will not be required to supply water to the City under this agreement at a rate less than five cents (5~) per one thousand gallons computed on the basis of an average of four million gallons per day for the full calendar year until the expiration of the full thirty (30) year term of this agreement as a maximum period and the time required to retire said certificates as a minimum period, whereupon a new contract shall be re-negotiated between the City and the County as provided in Section 15 hereof. 5. The obligations of the County under this agreement are subject to its ability to construct the water supply system, and its ability to issue, sell and deliver the revenue certificates to pay the cost thereof. The City hereby declares its intention to make payment of all sums due the County under this agreement from the revenues derived from the operation of its municipal water distribution system as an operating charge against said system, and said City hereby covenants and agrees to continuously fix, charge, collect and account for sufficient revenues from the operation of said municipal water distribution system to make all such payments under this agreement from revenues available from that source, but if the City for any reason fails or refuses to fully perform this covenant and agreement with respect to fixing, charging, collecting and accounting for sufficient revenues, it shall not be thereby relieved of its obli~ations to make the payments under this agreement for water and water service, but as and when such payments become due they shall be collectible through such other means, method or manner as may be available under the law applicable to such cases. 6. If any such monthly bill is not paid within twenty (20) days after the billing thereof as hereinbefore provided, a sur-charge of one per cent (1%) of the ,amount thereof shall be added to such bill and shall be paid by the City. Should the City fail to pay any bill as aforesaid within twenty (20) days, as aforesaid, the County shall also have the right to discontinue for that cause, the supply of water hereunder, after giving to said City ten (10) days' notice in writing of its intention for such cause, to so discontinue the supply. The right of the County to discontinue delivery as herein provided shall be cumulative and in addition to any and every other remedy given under this agreement, or otherwise existing. 7. The City agrees to make full use of its storage facilities for the purpose of avoiding abnormal demands on the water supply system to the detriment of common users, and the County reserves the rignt to control against such abnormal draw-down or demands upon the water supply system capacity to the extent necessary for the reasonable protection of other users of the water supply system in their pressure and volume requirements, to the end that all common users of the water supply system may enjoy reasonably equal consideration of their respective rights thereto, and in no event will the County be required to furnish in excess of 10,000,000 gallons during any single day, so long as the average daily minimum figure remains at 4,000,000 gallons. 8. Subject to the conditions hereinabove set forth, the terms of this agreement shall be for a period of thirty (30) years, commencing on the date of the first delivery ofWiter hereunder, and subsequent thereto the said City for the purpose of continuing to receive a supply of water from said water supply system, shall be entitled to re-negotiate a new contract with said County upon terms, provisions and conditions then to be mutually agreed upon between the partiesj provided, however, that said terms, provisions and conditions shall be consistent with sound, economic and practical operation of the water supply system, and with due consideration for the reasonable and equitable rights of the other users of said water supply system for continued use of said system under similar re-negotiated contracts, and provided further that such contracts shall be re-negotiated between the City and County as provided in Section 15 hereof. 9. It is strictly understood and agreed that the rate of five cents (5~) per one thousand gallons as herein set forth may be revised by the parties hereto at the end of any year's billing as hereinabove set forth, provided such revision is based upon an increase or decrease of the anticipated electric power rate to the County for use in its water system of 1.3 cents per KWH. 10. It is further understood and agreed that if and when the City's require- ments for water consumption shall reach two thousand eight million gallons per year, or an average of 5.5 million gallons per day, a rate adjustment downward mutually agreeable to the parties, if financially feasible, will be made pursuant to the provisions in Section 15 hereof. 11. The term "date of the first delivery of water hereunder" as it appears hereinabove in Section 8 hereof, shall be construed to mean the date upon which the water supply system project herein contemplated shall have been completed to the state where said water supply system as a source of supply shall be available to the City of Clearwater, Florida, and the County's present water supply system, any prior delivery of water to the City from said water supply system shall be in accordance with separate contract between the County and the City. !r, ',' \: ": .:'}:: L~;~'";\:\~'~::f~~;';-- . ~, .".<ii:?K ': " ":;:r:?~?;i: \, ~ ," i' ,,' ,.., , ""I "::':::"~ :::"""1?\' I') I:';,,' ," " ,; ?;~ ~j..."... 1. I 1 I I I l I I I t I I . \" . ,'1 . .' (. ,',"l~. .: j , , ' , j s " ~ ' ~ .1 1 "'''' _~..ti"'-,,_ # ~,- Attest: By Clerk, Board of County Commissioners "'\';~:~~~~;h~~!~,,",..,,;,-:_';"- .; ..... .'.,,, .' {"':~,.. ";:.",d~ ','. ',;, 0," "<,,,.,, ',' ",; ,~,' "~ ".... 1 , , "1 :'...,1 -,,';' ";:. : I , , '-' ~ .- ,\ ! .' >: ::',\ :. j::.,' ;,', , I I, \ ,J , , I i , i , J . ' , . .. -, " .. ,o' .'. \-" ~ ~" :..,.. , :-" '.'..,' ~:,;-,..".''''t\';:,('''';'i''lf''''''''!''''I;''':ti'.l<'l'~~~''''..f:1ll\\':~~'' ".,. ,..;,;:j"::~Lt:,~ti:~:,~,;;:~;,t~f~~~~~~:;i:~~~~~t?;l~1~r~i:;!'::~:j;f:\\:_;;Y: CITY Ccr-1MISSIO~ MEETING March 29, 1954- (Continued) 12. The County reserves the right at any time to contract with and supply water from said water supply system to other users whether individuals or incor- porated cities or towns, provided that any required increase in said water supply system's facilities so to do shall not result in any increase in the rates or other financial obligations which the City is required to meet and pay according to the terms and provisions of this agreement. 13. This agreement may be amended by mutual agreement of the parties from time to time to meet future conditions not presently anticipated. provided that said County shall not be called upon to amend this agreement while any revenue certiricates are outstanding and unpaid in a manner that will injure or impair the security of such revenue certificates, and it is particularly recognized that this agreement shall inure to and be binding upon the successors and assigns of the respective parties hereto. 14. This contract shall be binding upon the parties hereto unless the County fails to provide necessary finances for the purpose of carrying out the terms of this agreement within one (1) year from the date hereof and unless the County fails to deliver water to the City from this project within two (2) years ~rom obtaining finances through sale of the contemplated water revenue certificates and upon such failure the parties hereto shall be relieved from the terms of t~is agreement; provided, however, that the periods provided for herein may be extended by the mutual agreernent 0 f the parties hereto. 15. Upon re-negotiation of this contract as provided for in Sections 4 and 8, and a rate adjustment provided for in Section 10, the parties hereto, based upon the factors existing at the time or said re-negotiation and/or rate adjustment, will take into consideration ~actors customarily considered in the calculations of rate structures; provided that any rate mutually agreed upon in said re-negotiated contract and/or rate adjustment shall be calculated only on those factors directly related to supplying water to the City of Clearwater, and on the basic premise that the County water supply system shall be operated in the future, as it is presently. at cost. IN W[TNESS WHEREOF, said Pinellas County, Florida, acting by and through its Board of County Commissioners. has caused this agreement to be executed in its name and on its behalf by the Chairman of said Board, its official seal to be hereunto afrixed, attested by the Clerk o~ said Board, and said City, acting by and through its City Commission, has caused this agreement to be executed in its name and on its behalf by its City Manager and City Auditor and Clerk, countersigned by its Mayor-Commissioner, and its corporate seal to be hereunto attached, t~e day and year first above written. PINELLAS COUNTY. FLORIDA BY Ohairman, Board of County Commissioners , " '.'. ' ':, ';, ':, :< ;'. ' CITY OF CLEARWATER, FLORIDA BY City Manager Countersigned: BY Attest: BY City Auditor and Clerk Approved as to form and correctness, this BY City Attorney Mayor-Commissioner day of , 195_. ADDENDUM It is hereby mutually agreed by and between the parties hereto that the date of the first delivery of water hereunder for the purposes of Section g, hereof, is the day of . 195__. IN WITNESS WHEREOF, said Pinellas County, Florida, acting by and through its Board of County Commissioners, has caused this addendum to be executed in its name and on its behalf by the Chairman o~ said Board, its official seal to be hereunto af~ixed, attested by the Clerk of said Board. and said City, acting by and through its City Commission, has caused this addendum to be executed in its name and on its behalf by its City Manager and City Auditor and Clerk. countersigned by its Mayor-Commissioner, and 'its corporate seal to be hereunto attached, this the ___ day of A.D. 195__. Attest: BY Clerk, Board of County Commissioners PINELLAS COUNTY, FLORIDA BY Chairman, Board of County Commissioners CITY OF CLEARWATER, FLORIDA BY Ci ty ,lYianager Countersigned: BY Mayor-Commissioner correctness, this ____ day of Attest: BY City Auditor and ~lerk Approved as to form and BY City Attorney , 195__ """ ._~.~~i:...._ GITF COMM�SSIOhT MEETINC March 29, 1954 The City Commission of the C'ity of C'learwater m�t in special session at City Hall, Monday, March 29, 1954, at L•30 PsM. with tlxe iollowing raembers present: Herbert N!. Browr. John W. Bates Guy I,. Kennedq W. E, Strang, Jr. Jack Russell Also present were: Gerald Weimer B. J. Driver G. T. McClamma Mayor-Commissioner Commissioner Commissioaer Commissipner Coramissioner City Manager�s representative Asst. City Attorney Chief af Police The Mayor called the meeting to order and announced that tha purpose of the meeting was to consider ths proposed thirty year water contract between the Gity of Clearwater and the County of Pinellas whereby the City will purchase water from the County. Commissioner Strang as a raember of the Water Committee reported that the Committee approved the contract in its present form. The Mayor stated that the Water Committee composed of himself, Commissioner Bates and Commissioner Strang had at�ended the County Commission meeting and they had considered the interim agreement at that time and had made several slight changes in it. The Mayor repor�ced that a copy of bath agreements had been mailed to each member o.£ the City Commission. Several o� the County Commission members, the Gounty Attorney, Mr. W. C. Cramer, and Mr. S. K. Keller, Superintendent of the Coknty Water Department, were present. Commissioner Strang moved that tY:e water contra�� between the City of Clearwater and the County of Pinellas, the text of which is to be 3 part of tr.is motion, be approved as of this d ate, March 29, 1954, and the proper officials be authorized to sign it. Motion was seconded by Commissioner Russell �nd carried unanimously. The Commissioners considered the agreement between i,he City of Clearwater and the County, of Pinellas whereby the Gounty would supp'ly water to the City from the County�s interim well field until such time as the connection to the new well field in the Tampa High area is completed, and the thirty year contract would go into effect. Commissioner Bates moved that �he Commission approve the interim water agreement between the City and the County and that the proper officials be authoriLed to sign and execute the same, saxd interim water agreement being the one dated March 29, 1951�, Motion was seconded bp Co;nmissioner Russell and carried unanimously. The Mayor read a letter from Mr. Robert Wilson, Secretary of the Special Events Committee of the Senior Chamber of Commerce, which pointed out that there was only �100.50 left in the Special Events Committee Fund for the rest of the budget year, and requesting the Commission to alloaaCe �5,000.00 for the remainder of the year, Commissioner Bates moved that the Commission authorize the allocation of �P5,000.OQ to the Special Events Fund for use as required upon recommendation of tlie Committee and follo�ri.ng the proper authorization. Motion was seconded by Commissioner Strang and carried unanimousZy. The Mayor asked the Commissioners if they had any comment regarding his statement in the Glearwater Sun that salary raises for City employees wou3d have to be deferred to t.he beginning of the new budget year -- July lst. Commissioner Ba�es stated that it was the feeling csi all the Qommissioners and it was certainly his feeling that not only the firemen but all the empZoyees of the C3ty merit the raise in pay based on the cost-of-living, but it hap�ens to be unfortunate that the City finances at this time just can't stand it. The Mayor summarized by saying that the Commissioners ara? in accord and agree that effective July 1st the cost-of-lieing increase will be granted all the departments in the City that have not had one. There being no furtlzer business to come before the Commission, the meeting was adjourneci at 2:1$ P.M. Attest:. ��. City Audit and Clerk Mayor-Commissio I ,, � �O �, CITY COMi�fI55I0N MEETING i�Iarch 29 r 1954 March 26, 1954 Mayor-Commissione� H�:rbert M. Brown Cor�unissioners: �Jack Russell, W. E. Strang, Jr. John W. Bates, Guy L. Ksnnedy Gentlemen: The City Commission will meet in Special Session on Monday, March 29, 1954, at 1:30 p.m. in the City Hall Auditorium £or the purpose of discussing the following atems: l. 2. Fcrt : S Commission's consideration o£ Water Contract with Pxnellas County. Any item net on the ager_da will be cor.sidered with the consent of the Commission. Very truly yours, /s/ F. C. Middleton City Manager March 19, 1951� Nir. Francis Middleton, City Manager City HaTl Clearwater, Florida Re: Special Events Committee of the Senior Chamber of Gommerce Dear Mr. Middleton: Mr. Cleveland Inscoe has jus+� recentlp been appointed Chairmsn of the SpPcial Events Committee of the Senior Cham�er of Commerce but as secretary my records show that we only have a balance of unallocated funds in the amount of �100.50. Several requests have bepn ��de to the committee and other requests, I am sure, will be made within the budget year and it is for that reason I think it advi.sable �o allocate �S,OOO.QQ to the Special Events Committee fund in orc�er that the request may be properlp screened and sent to the Gity Commission for iinal ag�rovaL I believe that the Special Events �ommittee is serving a useful purpose in helging Clearwater grow. Rwwfdd Respectfully submitted, /s/ Robert W. Wilson Special Events Gommittee WATER CONTRACT THIS AGREENIENT, made and entered inta this 29th day of March, 1g51�, by and between PINELLAS COUNTY, FLOR:tDA, acting by and through its Board of County Commissioners (hereinafter sometimes referred to as the 4TCountyTM), and CITY OF CLE��WATER, a municipaZ corporation in said Pinellas County, acting by and thrnugh its City Commission (hereinafter sometimes referxed to as the ��City"), WITNESSETH: WI:EREAS, the �ounty has proposed to construct a new water supply system and has a�quired a supplp o£ water adequate bo supply its present and future needs and to take care of certain municipalities in the Gounty og Pine�las, including the City of Clearwater, through proper action of their respective gr�verning bodi�s indicate a de�ire to be iurnished a stead}� and sure supply of water in sufficient quantitias to serve their respect�ve needs. WHEREAS, the cost of said water supply system, including expenses incidental thereto, are �o be defrayed thruugh the issuance and sale by said County of its revenue certificates ro�rhich are to be payable from and secured solely and only by the revenues from said water suppZy system remaining after payment or allos�ance for payment of the reason�ble and necessary expenses of aperating, main�air.ing ar,cl repairing the system; and, WHEREAS, the City of Clearwater presently owns and operates the water di�tribu'tion spstem in and immediately adjacent to said City supplying viatex for industrial, commercial, domest3c and municipal purposes, but desires to adequately supplement its sy�tem to assure its citizens of a continuous, sufficient supply of good potable water in the future, this being essentiial �o the general public welfare and benefit, it is necessary for the continusd successiul operation of sai�l existing municipal water distribution system that said City procure an additional supply of water which the County upon the construction of its water supply systein will be able, and is agreeable, to supply subject to and in accordance with the terms of this agreement. CITY CONIl�'iISSI0IV MEF.TIAG 1Karch 29' 1954 (Continued) NOW, THEREFORE, the parties hereto do hez•eby covenan� and agree as follows; lo The County hereby agrees subject to the t�rms of this agreement and particularly to the provisions in the first sentence o� S�ction 5 hereof, to constxuct an adequate wa.ter supply system tm take wa�er from the Eldridge-Vdilda tract and adj�cent tracts in the nTampa High�T, ax�d upvn completion of the construction of said County water supply system ana subject ia the texms and conditions hereinafter set forth, the County will deYiver under a pressure of approvimately 65 pounds per square inch, or at a pressure sufficier_t �o supply the demands of the City, at the following take-ofi poinis: a) Gulf ta Bay and B2lcher Road b) Coachman Road (State Roaci 590) and Belcher Road (c) Druid and Belcher Road or at such other point or points as may be mutually agreed to by the p�rti�s hereto, all the water requested by said City for use in said water dis�ribution system as now exists or as may hereafter be extended for a period of thirty (3a) years from the date oi commencement of'supplyin� such water. The County will so operate its water su}�ply system as to maintain water pressure at the point of delivery sufficient to ;supply the City�s current requirements excspt as limited in Saction 7 herein. The County does agree that the supply of water to be deliver� ed hereunder will be at all times cor.tinuous except that temporary cessation of de�ivery of water at any time caused by the Act of God, fires, strikes, casualties, accidenGs, necessary maintenance works, breakdowns of or injuries to machinery, pumps or pipe lines, civil or mi'litary author'.ty, insurrection, riot or any cause beyond the control o� ths County, shall not constitute a breach of this agreement on the part of the County, and the County shall not be liable to the City or its inhabitants for any damage resulting from such unavoidable cessation of delivery. 2. A11 watar delivered under this agreement shall be good and potable water and shall be of like potability and puritp as that furnished to fi.i:e County distribution system from the water suppl.p system to be constructed as aforesaid at its connection with the present Gounty water system, and shall meet the bacterial and chemzcal quality st�ndards of the Florida State Board of Health and the United States Puhlic Health Service, and to be o£ a minimum quality of a hardness of less thai�; 1�0 parts per million and caith maximum chloride not to exceed 100 paxts per million. It shall be measured by a meter or meters oi standard make and sufficient size to be furnished, installed and �aintained by and at the cost of the Gounty and located at the point ar points o£ delivery of water t o the City. In case the City shall at any time question whether.any meter or meters are registe�ing correctly the City shal2 have the ri�ht upon making writtien request of the County to have such meter ar meters tested in the presence of a repre�entative of the City and, ii, as � result of such test, said metsr or meters shall be found incorrect or inaccurate, said meter or meters shall be restore� to an accurate condition or a new meter or new meters shall bs installed at the cost of the County. If such meter or meters be found �o be substantially accurate, the cost of such test shall be �orne by the Gi�y, but otherwise shall be paid by ihe Count}�, and should any such test or tests show any such meter or meters �o be substantially inaccurate, camputations for wate� pre- viously delivered since the last preceding monthly meter reading shall be adjusted accordinoly. The County reserves the right to test such meters at any time. The term "substantially accuratetT hereinabove menti:oned shall be construed to mean within 2�� plus or minus from perfect registration. 3. The quantity of water delivered to the Cit� shall be deter�ined from meter readings made by or on behalf of tk►e County approximately once in each month, whereupon the County agrees to render a bill to the City for the �mount then due as thus ascertained. Until water has been so delivered for a full calendar year, such monthly billings for water shall be made at the rate of five cents (5¢) per one thousand gallons, but if at the end of suc�i full calendar year of suc�i operation and at the end of each calendar pear thereafter the quantity of water so delivered and billed during such year is less than an average of four million gallons per day then the Countp will bill the City, and the City agrees to pay the County for an amount of water e uivalent to such four mil"lion gallans per day at the said xate of five cents g5¢) per one thousand gallo�ns whether used by the said Gity or not; provided, however, that the County shall not sell water to any other water distributor, water distribution system, or municipality at a rate less than t3�e rate then currently charged the City of Clearwater. The Count� a�;rees to furnish and the City agrees to purchase annually an average minimum of f��vx million gallons (1�,000,000) Per day or a total minimum of fourteen hundred sixty (1,1�60) million gallons per year. Settlement of the amount if any, to be paid by the City by reasen of the minimum quantity of water, ^,11 as hereinbefore in this numbered section provided, shall be made within fc�rty-five (45) days after the close of each calendar year, and the City agrees to make payments of the amounts due for znonthly billings for water as hereinbefore in this section provided, wi�hin tw�nty (20) days from the date the Co�ty renders th� respective monthly bi113nJs. Upon execution of this a greement by the parties hereto, it is contemplated that the County wi11 within a reasonable periad of tiina seek anri obtain the necessary finances wherewith to carry out the water supply system project her�;in contemplated by m�ans of a re�enue certificate issue in an amount the County deems necessary far the constructioan, completion and operation oi said project a� contemplated hereunder, and in the event before such rever�ue certificate shall have been fully retired, xncreased consu;nption demands reasor_ably justifp or require expansion of the water suppZy system thus necessitating additional finances for the purpose, the right is hereby r?served by the County from time to �� I' CITY COMMISSION MEETING March 29, 1954 (Continued} time to issue, sell and deliver additional water revenue certifica�zs which shall, rank on a parity with the certificates hereUy authorizzd or permittPd to be issued 2s may be then outstanding iz order to provide such additional finances. �.. The monthly billings for water delivered durin each year of operation under this agreemen� sY�all be at the rate of five cents ��¢) per thousand gallons, and so long as tYxe County has outstanding any revenue certificates issued in connection with said water supply system the County will riot be required to supply water to the City under tnis agreement at a ra�e less than five cents. (5¢) per one thousand gallans coniputed on the basis of an average of four mi�lion gallons per day for the full calendar year until the expiration o� the full thirty (30) year term af this agreement as a maximum period and the time required to retire said certificates as a minimum period, rvhereupon a new contract shall be re-negotiated between the City and the County as provided in Sec�ion l� hereof. 5. The ob].igations of th� County under this agreement are subject to its ability to construct the water supply ;system, and its ability to issue, sell and deliver the reven�ae certificates to pay the cost thereof. Th� City hereby declares its intention to make payment r�i all sums due the Gounty under this agreement from the revenues derived froin the operation aP its municipal water distribution system as an operating charge against said system, and said City hereby covenants and agrees to continuouslg fix, charge, collect and account for sufficient revenues fram the operation of said municipal water distribution system to make all such payments under this agreement from revenues available from that saurce, but if the Ci�y for any reason fails or refuses to fully perform this caven�nt and agreement with respect to fixing, aharging, collecting and accounting for sufficient r�:venues, it shall not be thereby relieved of its obligations ta make the payments under this agr.eement for water and water service, but as and when �uch paymerts become ciue they sha11 be collectible through such other means, method or manner as may be available under the law applicable to such cases. 6. If any suci: monthly bi11 is not paid within twenty (20) days after the billing thereof as hereinbefore provided, a sur-charge of one per cenfc (1�) ef �he.amount thereoi shall �e added to such bill and shall be paid by the Citq. Should the City Fail to pay any bill as a€ore3aid within twenty (20) days, as aforesaid, the County shall also have the right to discon�a.nue for that cause, the supply af w ater hereunder, after giving to said City ten (10) days' noticP in writing of its intention for such cause, to so discontinuz the supply. The right of the County �o discontinue delivery as herein provided shal�. be cumulative and in a3di�ior� to any and every other remedy given under this agreement, o�^ otherwise existing. 7. Th� City agrees tQ make full use oi its storage facilxties for the purpose of avoidin� abnormal demands on the water supply system to the aetriment of common users, and the County reserves the right to control against such abnormal draw-down or demunds upon the watier supply system �apacity to the extent necessary for the reasonable protection of other users of the water supply system in their pressure and volume requiremerits, to the znd that all common users of the water supply system may enjoy reasonably equal consideration of their respective rights thereto, and in no event will the County be required to furnish in excess of 1.0,000,000 gallons during any single day, so long as ths average daily minimum figure remains at 4,000,000 gallons. $. Subject to the conditions hereinabcve set forth, the terms of this agreement shall be for a period of thirty (30) years, commencing on the date �if the first deliverg o�vater here��der, and subsequen� thereto the said City for the purpose of continuing to receive a supply of water from said water supply system, shall be entitle� to re-negotiate a new contract with said County upon terms, provisions and conditions then to be mutual:.y agreed upon between the parties; provided, however, that said terms, provisions and conditions shall be consistent with. sound, economic and practical operation of the water supply system, and with due consideration for the rpasonable and eq�aitable rights oi' the other users of said water suFply system for continued use of said spstem under s3milar re-negotiated con�racts, and provided further that such contracts shal]. be re-negotiated between the Cit;� and �ounty as provide3 in Section 15 hereoi. 9. It is strictly understood and agreed that the rate of five cents (5¢) per or.e thousand galZons as herein set £orth map be revised bv the parties hereto at ths end of any year's biZling as hereinabove set forth, provided such revision is based upon an increase or decrease of the anticipated electric power rate ta the County for use in its water system of 1.3 cents per KWH. 10. Tt zs further unders�ood and agreed that if and when the C_�yTs require- ments f or water caz�sumptian shall reach two thousand eight million gallons per year, or an �verage of 5.5 million gallons per day, a rate adjustment downward mutually agreeable to the parties, if financially feasible, will be made pursuarit to the provis�ons in Section 15 hereo�. 11. The term "date of the first delivery of wat�r hereunder" as it appears hereinabove in Section $ hereof, sha11 be construed to mean the da�e upon which the water supply system project herein contemplated shall have beer. completed to the state where said water supply s,ystem as a source of supply shal� be available to the City oi Glearwater, Florida, and the County's present water suppZy system, any prior delivery of water to the City from said urater supply system shall be in accordance with sE�,arate c�ntract between the Coun�y and the City. CITY CON1i�iISSION MEETING March 299 1954 ( Continueci ) 12. The County reserves the right at any time to contract with and supply water from said water supply system to other users whether �ndzviduals or incor- porated cities or towns, provided that any required increase in said wat�r supply system's facilities �o �o do shall not result in any increase in the rates or other financial obligations which the Citq is required to meet and pay according to the t�rms and provisions o£ this agreement. 13. This agreement may be amended by mutual agreemc�nt �� the parties from time to time to maet future canditions no� presently a_n_*-i::ipated, provided that said C;unty shall noti be called upon to amend this agreement while any revenue certificates are outstanding and unpaid in a manner that will injure or impair the securi�y of sueh revenue certificates, and it is particularly reco;nized that this agreement shall inure to and be binding upon the successors and assigns of the respective parties hereto. 11�. This contract shall be binding upon the parties hereto unless the County fails to provide necessary iinances for the purpose of carrying out the terms of this agreement v�it�in one (1) year fr�m the date fiereof and unless the County fails to deliver water to the City from this project within two (2) years from oYstaining finances through sale of the contemplated water revenue certific?:tes and upon such failure the part:ies hereto sha1Z be rElieved from the terms of �i�is agreement; provided, however, that the periods provided for herein map be er.tended by the mu�tual agreement of the parties hereto. 15. Upon re-negotiation af this contract as provided ioz° in Sections 4 and $, and a rate adjustment provided for in Section 10, the parties hereto, based upon the factors existing at •the time of said re-negotiation and�or rate adjustment, will take into consideration factors customarily cansidered in the calculations of rate structures; provided that any rata mutually agreed upon in said re-ne�ntiated contract and/or rate adjustment shall be calculatzd onlq on those factors directly related to supplying water to the City of Clearwater, and on the hasic premise that the County water supply system sha11 be operated in the future, as it is presently, at co:;�. IN WITNESS WH��ttEOF, said Pinellas Gounty, Florida, acting Uy and through its Board of Countp Com.missioners, b.a3 caused this agreement to be executed in its r.ame and on its beh�lf by the Chairman of said Board, its official seal t� be hereunto aff'ixed, attested b,r the Clerk of said Board, and said City, acting by and �hrough its City Commission, has caused this agreement to be executed in its name and on its behalf by its City Nranager and Citp Auriitor and Clerk, countersigned by its Mayor-Commissioner, and its corporate seal to be hEreunto attached, ti�e day and year first above written. Attest: By Glerk, Board of �ounty Commissioners Attest: BY City Auditor and lerk �IhTELI,AS COUNTY, FLORIDA BY Chairman, T3oard of County ommissioners GI�Y OF CLE�RWATEP, FIIJRIDA BY City Manager Countersigned; BY Mayor-Commissipner �AYproved as to form and correctness, this day of , 195_. Ci�y Attorney ADDEI�IiUM It is hereby mutuall;� agreed by and between the parties hereto that the date of the firs� delivery of w ater hereunder £or the purposes of Section $, hereof, is the day of , 195�, IN tidITNESS WHEHEOF, said Pinellas Coucity, Flori.da, acting bp and through it� Board of County Commissioners, has caused this adde.ndum to be executed in its name and on its behalf by the Chairman of said Board, its official seal to k�s hereunto affixed, attested by the Glerk oi said Board, and said City, acting hy and t�hrough its City Commission, has caused this addendum to be executed in its name and on its behalf by its City ltiianager and Ci�y Auditor and Clerk, countersigned by its Mayor-Gommissioner, and its corporate seal to be hereunto attached, this the _ day of A.D. 195', PINELLAS COUNTY, FLORIDA Attest: gy BY Chairman, Board oY County Commissioners Clerk, Board of County Commissioners QITY OF CLEAft;'JATER, FLORIDA BY Ci.ty 1°lanager Countersigned; Attest: gy �Y � Mayor-Commissi�ner City Auditor and lerk BYproved as to form and correctnzss, this day oi , 195_ C�ity Attorney � ;(