HomeMy WebLinkAboutCocoa Interlocal Utility Cutoff Fees 1991 S
0 T 12,— City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
_ CAPE CANAVERAL, FLORIDA 32920
__ w.__ TELEPHONE 407/783 -1100
CITY OF FAX 407/799 -3170
CAPE CANAVERAL
March 29, 1991
M E M O R A N D U M- ITEM NO. 3
To: Mayor & City Council 7
From: Edward Spenik, City Mana k21;ti
P . Y er g
RE: INTERLOCAL AGREEMENT WITH THE CI OF COCOA
We currently charge Seventy -Five Dollars ($75.00)
from a customer for a sewer disconnect fee when bills
become delinquent.
The method has been expensive because the Sewer Plant
personnel have used a backhoe to expose the line, then cut
and plug so that the sewer line is inoperable.
We have an Agreement that has been reviewed and
amended by the City Attorney and forwarded to the City of
Cocoa.
The new Interlocal Agreement (nothing previous)
allows the City of Cape Canaveral to call Cocoa Water
Department for a shut -off because of delinquent sewer
payments. Our expense is Forty -Five Dollars ($45.00) to
the City of Cocoa. The City of Cape Canaveral will
receive Thirty Dollars ($30.00) from the Seventy -Five
Dollars ($75.00) levied.
I recommend the adoption of the Interlocal Agreement
and encourage the City of Cocoa to do the same.
ES /ab
PRINTED ON RECYCLED PAPER
3
FILE COPY /oas6 -Qq /
4
.i„ DISTRIBUTION
t Ma
I City Council .
CITY ' ■ 1 • City Mgr. ,-
1
City Atty. 1 P.O. BOX 1750 Puy. D 1
1 '-i ' COCOA, FLORIDA32923 -1750 Build 0. j _
Finance Di:. � I--
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April 16, 1991
Jan Leeser, City Clerk
I City of Cape Canaveral
P.O. Box 326
Cape Canaveral, Florida 32920
1 Re: Approved Interlocal Agreement
i
'` Dear Jan:
i
1
The following points are to be followed under the new Interlocal
Agreement between the City of Cocoa and the City of Cape Canaveral;
1 Enforcement of Sewer Service Collection Fees.
1
R
1. Cape Canaveral will supply door hanger notices to be left at
1 the customer's residence. The notices should state that Cape
Canaveral has had the water turned off due to nonpayment of
Cape Canaveral's sewer and /or garbage charges. It should
show the total amount due including services charges, the
date, the address where the charges must be paid, and the Cape
1 Canaveral telephone number.
2. The notices should be forwarded to Cocoa by the 15th of each
month. The actual cutoffs will be worked in conjunction with
Cocoa's cutoffs in the Cape Canaveral area. The day prior to
1 the actual cutoff date, Cocoa will call to confirm the
`$ cutoff with Cape Canaveral. The disconnect charge will be
A paid by Cape Canaveral for all notices confirmed at this
i
point.
i
1 3. Service will not normally be restored until Cape Canaveral so
advises. Cocoa should be provided a Cape Canaveral phone
number which can be given to customers to call after normal
4 working hours.
4. Cocoa's disconnect and reconnect service costs are $ 40.00 each.
Cocoa will bill Cape Canaveral monthly for each confirmed notice.
Please advise should these arrangements not be satisfactory.
Si cerely,
7 D�
Joe R. Coates
Finance Director
JRC /mm
1 cc: Frank Ingraham
An Equal Opportunity Employer
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April 11, 1991 [
I
}
) Jan Leeser, City Clerk
City of Cape Canaveral
P.O. Box 326 >
Cape Canaveral, Florida 32920 (
Re: Interlocal Agreement between (
) City of Cocoa and City of Cape {
j Canaveral; Enforcement of Sewer
I
) Service Collection Fees [
]
Dear Ms. Leeser:
) 1
The Interlocal Agreement referenced above was approved by Motion [
and unanimous vote of the City Council at their regular meeting [
) held April 9, 1991. {
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Enclosed please find the fully executed Interlocal reement. If
you have any questions, please call. I
1
I Sincerely,
(
] THE CITY OF COCOA I
) 1
1 � �' �' ' .
- {
1 Beth A. Dabrowski (
City Clerk `
, 1
Encl: 1
cc: City Manager [
] Utilities Director (
Finance Director [
Customer Service Manager
) City Clerk File
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] An Equal Opp ortunity Employe r (
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INTERLOCAL AGREEMENT
This Interlocal Agreement is made this /1,44 day of // 1 /',
1991, by and between the City of Cocoa, Florida ( "Cocoa "), and the
City of Cape Canaveral, Florida ( "Cape Canaveral "), both of which
entities are Florida municipal corporations.
WHEREAS, Cocoa supplies water to the residents of Cape
Canaveral and water to the Canaveral Port Authority and its
tenants (collectively, "Port "); and,
WHEREAS, Cape Canaveral is the supplier of sanitary sewer
service to the citizens of Cape Canaveral and the Port; and,
WHEREAS, Cape Canaveral desires the assistance of Cocoa in the
enforcement of sewer service collection fees from users of Cape
Canaveral's sewer system; and,
WHEREAS, this Interlocal Agreement is authorized under the
provisions of Section 163.01, Florida Statutes.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, the parties agree as follows:
(1) In the event a user of Cape Canaveral's sewer system
becomes delinquent in its payments owed Cape Canaveral, Cape
Canaveral shall deliver a written "Notice to Show Cause" ( "Notice ")
upon the user, said notice to be served either personally, or by
certified mail. The Notice shall be deemed served when either
personally delivered to the user, or when deposited in the United
States mail, and shall advise the user of the date, time, and
location of the hearing to be held before the City Manager of Cape
Canaveral, or his designee, at which hearing the user shall show
cause as to why Cape Canaveral should not discontinue providing the
user with sewer services. The Notice shall be delivered to the
user at least ten (10) days prior to the hearing date.
(2) At the Show Cause Hearing as provided for in Paragraph
(1), above, all testimony shall be under oath and be recorded.
Formal rules of evidence shall not apply, but fundamental due
process shall be observed and shall govern the proceedings. The
hearing shall be conducted whether or not the user appears. At the
conclusion of the hearing, the City Manager, or his designee who
conducted the hearing, shall issue findings of facts and
conclusions of law, based upon the evidence of record, and shall
issue an order based upon these findings.
'It
(3) After the Hearing provided for as described above, if the
City Manager of Cape Canaveral, or his designee who conducted the
hearing, determines that no good reason exists for the continuation
of sewer services to the user, without payment of the outstanding
sewer fees owed Cape Canaveral, then Cape Canaveral shall advise
Cocoa, and request Cocoa discontinue providing water to the user.
(4) Cape Canaveral will promptly pay Cocoa all disconnect and
reconnect costs incurred by Cocoa hereunder. Cape Canaveral
will also indemnify and hold Cocoa harmless from any claims made
against it on account of Cocoa's actions hereunder, including, but
not limited to, all reasonable attorney's fees and court costs
incurred by Cocoa in defending any such action.
(5) Cape Canaveral will advise Cocoa when water service may
be restored to the user.
(6) The effective date of this Agreement shall be the date
the last party hereto signs. Pursuant to Section 163.01(11),
Florida Statutes, this Agreement shall be recorded with the Clerk
of the Circuit Court in and for Brevard County, Florida.
City of Qpcoa, Florida
By: ; � ( / V . , 6
Ma yor
Date : jtkt. ( ,//, /7"/,/
� �i'�,� • // � •
Attest : :='_'S =,- �.).2 GLie,��
City Clerk
Date : AZ %/ /` "i
City of Cape Canaveral,
Florida
B illit.., 0. .1t 41 - , .�
141-1i .'
Date: y 9/
Attest ,ef
ity Clerk
Date: y -c -y/
cocoa.035
RESOLUTION NO. 91--17
A RESOLUTION AUTHORIZING THE MAYOR
AND CITY CLERK TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH THE CITY
OF COCOA REGARDING DELINQUENT SEWER
ACCOUNTS; PROVIDING AN EFFECTIVE DATE
BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. The Mayor and City Clerk are hereby authorized
to execute an interlocal agreement with the City of Cocoa for the
discontinuance of water service to customers who are delinquent
in the payment of their sewer account. A copy of said agreement
is attached hereto and made a part hereof by reference.
SECTION 2. This Resolution shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral.,
Florida, this 2nd day of April 1991.
Ma r
ATTEST;
Q J NAME YES Ni.;j
4424 - erk
KEDZI7RSK! X
'ty C x
PORTER
Approved as to Form: RANDELS ab en
SALAM- X
City tt ney
r'
INTERLOCAL AGREEMENT
i �
This Interlocal Agreement is made this day of ,
1991, by and between the City of Cocoa, Florida ( "Cocoa "), 2(nd the
City of Cape Canaveral, Florida ( "Cape Canaveral "), both of which
entities are Florida municipal corporations.
WHEREAS, Cocoa supplies water to the residents of Cape
Canaveral and water to the Canaveral Port Authority and its
tenants (collectively, "Port "); and,
WHEREAS, Cape Canaveral is the supplier of sanitary sewer
service to the citizens of Cape Canaveral and the Port; and,
WHEREAS, Cape Canaveral desires the assistance of Cocoa in the
enforcement of sewer service collection fees from users of Cape
Canaveral's sewer system; and,
WHEREAS, this Interlocal Agreement is authorized under the
provisions of Section 163.01, Florida Statutes.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, the parties agree as follows:
(1) In the event a user of Cape Canaveral's sewer system
becomes delinquent in its payments owed Cape Canaveral, Cape
Canaveral shall deliver a written "Notice to Show Cause" ( "Notice ")
upon the user, said notice to be served either personally, or by
certified mail. The Notice shall be deemed served when either
personally delivered to the user, or when deposited in the United
States mail, and shall advise the user of the date, time, and
location of the hearing. to be held before the City Manager of Cape
Canaveral, or his designee, at which hearing the user shall show
cause as to why Cape Canaveral should not discontinue providing the
user with sewer services. The Notice shall be delivered to the
user at least ten (10) days prior to the hearing date.
(2) At the Show Cause Hearing as provided for in Paragraph
(1), above, all testimony shall be under oath and be recorded.
Formal rules of evidence shall not apply, but fundamental due
process shall be observed and shall govern the proceedings. The
hearing shall be conducted whether or not the user appears. At the
conclusion of the hearing, the City Manager, or his designee who
conducted the hearing, shall issue findings of facts and
conclusions of law, based upon the evidence of record, and shall
issue an order based upon these findings.
(3 ) After the Hearing provided for as described above, if the
City Manager of Cape Canaveral, or his designee who conducted the
hearing, determines that no good reason exists for the continuation
of sewer services to the user, without payment of the outstanding
sewer fees owed Cape Canaveral, then Cape Canaveral shall advise
Cocoa, and request Cocoa discontinue providing water to the user.
(4) Cape Canaveral will promptly pay Cocoa all disconnect and
reconnect costs incurred by Cocoa hereunder. Cape Canaveral
will also indemnify and hold Cocoa harmless from any claims made
against it on account of Cocoa's actions hereunder, including, but
not limited to, all reasonable attorney's fees and court costs
incurred by Cocoa in defending any such action.
(5) Cape Canaveral will advise Cocoa when water service may
be restored to the user.
(6 ) The effective date of this Agreement shall be the date
the last party hereto signs. Pursuant to Section 163.41(11),
Florida Statutes, this Agreement shall be recorded with the Clerk
of the Circuit Court in and for Brevard County, Florida.
✓A A ` / y •
Attest:
City Clerf.
Date:
Attest
�.ty Cler
Date: _ - - g1 .��.
City of Cocoa, Florida
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B �
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yor
Date: `",�•
City of Cape Canaveral,
Florida
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Date: y- - ? /
cocoa.035