AMENDMENT TO SEWER SERVICE AREA AGREEMENT
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AMENDMENT TO SEWER SERVICE AREA AGREEMENT
THIS AMENDMENT TO SEWER SERVICE AREA AGREEMENT is made and entered into
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day of November, 1992, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, and the CITY OF LARGO, FLORIDA, a municipal
corporation, in order to amend the Sewer Service Area Agreement entered into
between the parties on September 19, 1983 (herein, the 111983 Agreementll).
IN CONSIDERATION of the mutual promises and covenants contained herein, and
the benefits to be gained by each party by clarifying certain provisions of the
1983 Agreement as set forth herein, the parties agree as follows:
1. Paragraph 3 of the 1983 Agreement is amended as follows by adding the
italicized language:
3. The parties in providing sanitary sewer services
shall be bound by the area designated in Exhibit IIA.II
The parties shall have the exclusive right to provide
wholesale and retail sanitary sewer service within the
area allocated to such party ~ and further agree not
to compete with each other as to the provision of such
sewer service outside their designated area as set forth
in Exhibit IIA.II As used in this paraoraph. lIexclusivell
means that each party may provide sewer service within
its service area free from competition by the other
party. With respect to service to properties outside
the corporate limits of a party. this aoreement is not
intended to establish extraterritorial riohts. the
existence and extent of which are ooverned by Florida
law.
2. The amendment to Paragraph 3 adds language clarifying the intent of
the parties at the time the 1983 Agreement was entered into, and therefore shall
have retroactive effect.
3. The 1983 Agreement is an Inter 1 oca 1 Agreement made pursuant to
Section 163.01, Florida Statutes, and this amendment is governed by the same
provision of law.
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4. All other provisions of the 1983 Agreement are incorporated herein
by reference and shall continue in full force and effect in accordance with its
terms.
5. This amendment shall take effect when approved and executed by both
parties and filed with the Clerk of the Circuit Court in Pinellas County,
Florida.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on
the day and year first above written.
FLORIDA
By:
Rita Garvey
Mayor-Commissioner
Approved as to form and correctness:
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Attest:
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M. A. Ga 1 bra it
City Attorney
Countersigned:
CITY OF LARGO, FLORIDA
By:
~ness:
era d R. McClelland ,
City Attorney
Attest:
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Henry P. Schubert ,. , .
City Clerk
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SEWER SERVICE AREA AGREEMENT
O. i.5613 PAGE 143
THIS INTERLOCAL AGREEMENT, made pursuant
do
Statutes and entered into this If day of
to Section 163.01,
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Florida
A.D.
19 ~, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corpora-
tion, hereinafter referred to as "Clearwater," and the CITY OF LARGO, FLORIDA,
a municipal corporation, hereinafter referred to as "Largo";
WIT N E SSE T H :
In consideration of the mutual promises and covenants contained herein'
and for other good and valu~~le consideration, the parties hereby agree as
follows:
WHEREAS, Clearwater and Largo have agreed that the centerline of
Belleair Road shall represent the annexation boundary line of each respective
municipality; and
WHEREAS, presently Clearwater operates sanitary sewer service
facilities South of Belleair Road and Largo operates sanitary sewer service
facilities ~orth of Belleair Road; and
WHEREAS, both Clearwater and Largo desire to create a conunon sanitary
sewer service boundary to provide for more efficient delivery of utility service
and avoid the duplication of service;
NOW, THEREFORE, the parties hereto agree as follows:
1. The term "sewer service" shall mean the collection or treatment
of sewage, at the present time or in the future, from the geographical area
identified in this Agreement.
2. The sanitary sewer service area of the'municipalities shall be
as is further set forth and described on Exhibit "A", attached hereto and
made a part hereof by reference.
3. The parties in providing sanitary sewer services shall be bound
by the area designated in Exhibit "A". The parties shall have the exclusive
right to vrov__Lde w}~():psale and retail S2'1it-:T)" sewer service within the areU.
~lllocated to such paTt anc1 furtheT agree not to CO;i1p8te with ('(jeh other 25 to
the provision of such SCHer scrvice outside thciT desigllatcd 3rca as set fOTth
in Exhibit "A".
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0, i. 5613PAGf 144
4. The City of Largo shall provide wholesale treatment of sanitary
sewage to the City of Clearwater for that area within the City of Clearwater
municipal limits, known as Southridge Subdivision, and 1618 So. Highland
Avenue, which is south of the service area boundary.
The City of Clearwater shall provide wholesale treatment of
sanitary sewage to the City of Largo for that area within the City of
Largo municipal limits known as Belleair Park Estates Subdivision and
1596 Nursery Road which is north of the service area boundary.
5. The method of payment for wholesale treatment shall be as
follows:
On October 1 of each year, or as soon thereafter of each
year, each party shall determine the total accumulated invoice billing,
in dollars, for retail sanitary utility service for the entire previous
fiscal year, to all residential and commercial accounts for its respective
municipal service area as described in Paragraph 4.
The accumulated yearly retail billing totals, as determined
above by both parties, shall be compared to determine which party has
the largest yearly billing total. The party with the smallest yearly
retail billing total shall submit an invoice for wholesale treatment
costs to the other party in the amount of 80% of the difference in
accumulated retail totals.
The charge for wholesale treatment cost for the preceding
year shall be payable in lump sum to the appropriate party by November 30
of each calendar year.
This Agreement shall commence on October 1,1983.
Largo and Clearwater will have the right to perform audit
of each par~y's records concerning sanitary utility service invoices
and other information directly relating to this Agreement.
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0.1.5613 rAGE 145
6. Upon this Agreement becoming effective, Clearwater will
transfer to Largo all existing sanitary sewer collection and trans-
mission facilities in the two areas located south of Belleair Road
as shown on Exhibit "A". The transfer described herein shall be
accomplished as Largo has the facilities to commence providing the
service, but in any event no later than five (5) years from the
effective date of this Agreement.
7. This Agreement shall repeal any previous oral or written
Agreement between the parties with regard to the provisions of
sanitary sewer service within the designated areas of Pinellas
County shown on Exhibit "A".
8. 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.
9. This Agreement shall be considered an Interlocal Agreement
within the meaning of the provisions of Section 163.01, Florida
Statutes, and shall become effective after being filed with the
Clerk of the Circuit Court in pinellas County.
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O. i.5613 rAGE 146
IN WITNESS WHEREOF, the parties to this Agreement have hereunto
set their hands and seals on the day and year first above written.
Countersigned:
LEARWATER, FLORIDA
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crTY OF LARGO, FLORIDA .
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Approved as to form
and correctness:
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City Attorney
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Attest:
Citj-'taer
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