SEWER AGREEMENT (INTERIM USE)
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CONTRACTUAL AGREEMENT FOR UTILIZA TlON
OF INTERIM SEWER TREATMENT FACILITIES
BETWEEN THE CITY OF CLEARWATER, FLORIDA,
AND THE CITY OF SAFETY HARBOR, FLORIDA.
THIS AGREEMENT is made and entered into this .:l ?-~ day of
tfJ Ck':C!e~ ,A. D. 1976, by and between the following municipal
corporations located in Pinellas County, Florida, specifically the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, and the CITY OF
SAFETY HARBOR, FLORIDA, a municipal corporation, pursuant to the
Florida Interlocal Cooperation Act of 1969, Section 163.91, Florida
Statute s;
WITNESSETH:
WHEREAS, the parties hereto have entered into a joint venture to
construct a regional wastewater treatment facility with a capacity of eight
(8) million gallons per day, which will be located on property owned by the
City of Clearwater and adjacent to McMullen-Booth Road, State Road 580;
and
WHEREAS, the City of Clearwater currently has in operation on an
interim basis the Northeast Wastewater Treatment Facility, hereinafter known
as the interim facility', and further, that the City of Clearwater is agreeable
to provide treatment capacity to the City of Safety Harbor in an amount not
to exceed one hundred thousand (100,000) gallons per day; and
WHEREAS, the term of this agreement shall be until the eight (8)
million gallon per day wastewater treatment plant is operational; and
WHEREAS, the City of Clearwater and the City of Safety Harbor
agree to enter into this interlocal agreement for the purpose of establishing
a sewer system which will run from the City of Safety Harbor to the interim
fac ility;
NOW, THEREFORE, it is hereby agreed by and between the parties
as follows:
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1. The City of Clearwater, within ninety (90) days after the execution
of this agreement, shall reserve and make available to the City of Safety
Harbor, one hundred thousand (100,000) gallons of its present treatment
capacity at the interim facility. This one hundred thousand (100,000) gallons
per day capacity shall remain available to the City of Safety Harbor until such
time as the eight (8) million gallons per day treatment plant is operational
for the Citie s.
2. The City of Clearwater agrees to permit the City of Safety Harbor
to pump a maximum of one hundred thousand (100,000) gallons per day of
wastewater either into the Clearwater transmis sion lines to be connected to
the Northeast Wastewater Treatment Plant, if available, or directly into the
treatment facility. The City of Clearwater shall determine the point of
connection into the City of Clearwater's transmis sion lines for the City of
Safety Harbor.
The City of Safety Harbor shall pay its pro rata share of the cost of
constructing any ,transmission line to provide service for Safety Harbor; or
the City of Safety Harbor may, at its own option, provide its own transmission
line.
3. The City of Safety Harbor agrees to pay to the City of Clearwater,
a fee related to the expenses attributable to operation, consultant, maintenance,
transmission, engineering, renewal, replacement, administration, and capital
costs generated by the transmission, treatment and disposal of up to one hundred
thousand (100,000) gallons of wastewater pumped by the City of Safety Harbor.
The actual costs will be based on each one thousand (1,000) gallons treated at
the rate of .282 cents and billed on a monthly basis. The fee shall consist
of the following items, as described in Paragraph 4 of this agreement.
4. The City of Safety Harbor agrees to pay a fee of $28. 20 per one
hundred thousand (100,000) gallons treated for those expenses enumerated in
Paragraph 3 above. In addition, the City of Safety Harbor agrees to pay the
sum of Five Hundred Ninety-four Dollars ($594.00) per month as its pro rata
share of debt service for the interim facility. This debt service payment is
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based upon ten per cent (10'70) of the treatment plant construction costs and
the annual average debt service for the life of the revenue bond is sued to
construct the interim facility.
5. Upon receipt of the monthly bill, the City of Safety Harbor agrees
to pay the above mentioned fees within thirty (30) days. Each bill shall itemize
the amount of wastewater delivered from the Safety Harbor system to the
interim facility for the preceding month. The initial fee due under the terms
of this agreement shall be the thirtieth (30th) day of the month after the City
of Safety Harbor has connected to the interim facility, or ninety (90) days
from the execution of this agreement, whichever shall last occur.
6. The parties hereto agree that in the event that anticipated Federal
funding for the final disposal system for the permanent eight (8) million
gallons per day plant is not made available, the City of Safety Harbor may,
at its option, cease to be a contributor and participator in the one million
(1,000,000) gallon interim plant. Upon the City of Safety Harbor providing
written notice to the City of Clearwater of its intention to exercise the option
described herein, the City of Safety Harbor's responsibility for charges shall
cease as of the last day it utilizes the interim facility. If this option is
exercised, use of interim facility by the City of Safety Harbor shall not be
longer than that time at whi,ch Clearwater phases out interim plant.
7. The City of Safety Harbor agrees to maintain and in addition to
regulate by ordinance the use of its sanitary sewage collection system, to
minimize infiltration and prevent harmful wastes from being deposited into
its facilities, such as would overload or cause damage to the City of Clearwater's
interim facility or interfere with the sewage treatment process. The City
of Safety Harbor further agrees to require adequate pre-treatment of strong
or harmful commercial or industrial wastes, at the source of generation,
prior to permitting such wastes to be discharged into its system for treatment
and disposal at the interim Northeast Wastewater Treatment Plant. In
providing adequate pre-treatment of waste, the City of Safety Harbor shall
be governed by the same standards applicable to the City of Clearwater.
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8. The City of Safety Harbor agrees to install Venturi type flow
meters with an automatic flow recorder at all Safety Harbor pumping
facilities that will be transmitting sanitary sewage to the City of Clearwater's
Northeast Wastewater Treatment Plant. The City of Clearwater will assume
the responsibility of maintaining the flow meters, once installed. Both
municipalities shall have the right to enter and inspect the facilities and
flow meters being utilized pursuant to this agreement for the purpose of
determining the accuracy of such meters and the quantity of wastewater
being delivered.
9. In the event the City of Safety Harbor shall require capacity
prior to the operation of the eight (8) million gallon treatment facility in
excess of the one hundred thousand (100,000) gallons per day annual average
provided herein, then at the City of Clearwater's option, the City of
Clearwater will supply this requested capacity only if it is available and
not committed or reserved to other sources.
Costs related and requirements
incurred required to accomplish the furnishing of this additional capacity
shall be borne by the City of Safety Harbor.
10. This agreement shall remain in existence until such time as the
permanent eight (8) million gallon treatment facility is operational and
all the parties sewage is transferred to that plant, or this agreement is
terminated pursuant to Paragraph 6, as described herein.
11. All disputes relating to the interpretation and performance of
this agreement shall be resolved through arbitration proceedings as set
forth in Chapter 682 of the Florida Statutes.
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IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be duly executed by the proper officials on the day and year
first above written.
Countersigned:
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'Mayor-Commis sio ~
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Counte rsigned:
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Mayor-Commissioner
Approved as to form and
correctness:
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City Ma a r
FLORIDA
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.i City Clerk
CITY OF SAFETY HARBOR, FLORIDA
By () o..-vJ 1.. ~
City Manager
Attest:
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