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Home My WebLink AboutResolution No. 1970-14 MICROFILMED 4-10-86 RESOLUTION NO . 70-14 flh) RESOLUTION APPROVING SANITARY SEWER FRANCHISE BETWEEN THE CITY OF CAPE ';T' CANAVERAL AND THE CANAVERAL PORT AUTHORITIES ; PROVIDING SANITARY SEWER SERVICES BY THE CITY FOR THE CANAVERAL PORT; AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE SAID AGREEMENT; PROVIDING AN EFFECTIVE DATE . WHEREAS , the Canaveral Port Authority has requested the City of Cape Canaveral, Florida, to provide sanitary sewer servioes� r for the Port area lying directly North of the City of Cape Canaveral, Florida , and WHEREAS , it appears to be feasible and in the best interests of the City of Cape Canaveral , Florida, to provide sanitary sewer system for the Port area under the terms and cond-, itions set forth in the agreement , attached hereto and by reference made a part hereof, NOW, THEREFORE , be it resolved by the Council of the , City of Cape Canaveral , Florida, as follows : SECTION 1 : The Council of the City of Cape Canaveral, Florida, does hereby approve the Sewage Franchise Agreement between the City and the Canaveral Port Authority, a copy of which is attached hereto and made a part hereof. SECTION 2 : The Council does hereby grant authority to ` the Mayor and the City Clerk to execute said Agreement on behalf of the City of Cape Canaveral , Florida, and forward the Agreement to the Canaveral Port Authorities for their approval . SECTION 3 : The effective date of this Resolution shall be upon the adoption hereof. ADOPTED by the City Council of the City of Cape Canaveral-, Florida, this 21st day of April , 1970 . . - Mayor ATTEST, ' City C l er Approved as to Form: City Attorney } c ( RE 7I377D 3/11 /79 SMyG' P21LCRISB AGREEHEITT ,_....` S, the City'•of Cape Canaveral, Florida, a municipal corporation under the laws of the State of Florida, hereinafter called the "City ", is now operating a sanitary sewerage system within the corporate limits of the City, and 6,111r' - ?S, the Canaveral Port Authority, a body corporate and a body politic under the laws of the State of Florida, hereinafter called the "Authority ", does not have facilities for the collection and treatment of sewage that is now and may be hereafter generated . by the occupants of the lands owned by the Canaveral Port Authority lying east of the channel of the Banana River in Brovard County, Florida, hereinafter called the "Port Area ", and MHERMNS, the Authority has requested the City to provide sanitary sewage service in the Port Area and the City has con- sented to so provide said service, all under. the following terms and conditions of this Agreement. in consideration of the promises, and for other good and valuable considerations by each party to this Agreement rendered to the other party, the receipt of which I:; respectively acknowledged, the undersigned Authority does hereby grant unto the undersigned City the right, privilege and franchise to overate and maintain a sanitary sewerage system in the Port .rea and provide sanitary sewage service therein on the following terms and conditions, all of which are agreed to by the Authority and the City: 1. It is understood that the sewerage system for the Port Area shall be undertaken in increments as user needs determine with ouch increment or modification to be the subject of negotiation and formalised by a supplement to this franchise. The construction p1nns and specification for each increment must be first approved by the engineers for the respective parties with final approval by the Sovcrnin,7 body of each party. The luthorlty at its o:mense :;hall provir;e the sewerage system in the Port ..raa for the first incree_,ent of t'he system, the plans for which are attached hereto as an exhibit with the same being hereby approved by the parties. z, Upon the Authority providing each increment of the or the City providing succeeding incre sanitary sewerage system, - ments, according to the understanding reached a formalized by t supplements to this franchise, the City shall its sewage ate operate and maintain the system and Pro vide °da ho•ever,`rthe City service for the users of the system; provided, shall not be responsible or obligated to maintain any portion of the system which lies outside of the easement and license areas furnished by the Authority to the City for said system. It is not the intent of the parties for the City to be obligated for tomer connection, pump or force main fixture maintaining any cus trhich 1s individualized to serve only such customer's facility. 3, The Authority shall use its powers to require all users Of the port Area, who develop sewage, to connect to and utilize the sewerage system where feasible. stem paid µ. In providing those portions of the sewerage system for by the Authority, the :zuthority shall let the construction liaison for contract and supervise same with adequate insnection the City to determine the system is being constructed according to the approved plans and specifications. Upon the City's accept- system, the Authority shall grant by separate instru- ance nce of the to the City, the necessary easements and licenses to operate ystem, which easements and licenses shall con and maintain the - this franchise shall continue. The Authority time n long a nt areas for other utility and its assigns may use the easeme facilities provided the same do not abridge the easement rights ;•iven to the City. The City shall furnish all lands, easements, and permits for that portion of the sewerage system located •::ithin the boundaries of the City. ,.airing pairing and main - In carrying out its responsibilities for _ tainin„ the sewerage system, the City agrees to expedite such repair g, work in order that the blocking o shall f any street, alley or way be minimized to as short a period as the work will allo:r.. As to -2- R.°.YI: I 3/16/70 its work, the City shall promptly restore the surfaces of all streets, alloys and other improved surfaces in which said sewerage collection system shall be installed. The Authority shall have the right, at its expense to relocate, change or reconstruct the sewerage collection system without abridging the function and operation thereof when necessary to permit drainage or to permit the widening, repaving, relocating or reconstruction of the streets, alleys and ways and the construction of buildings, pipe- lines, wharfs, docks and other structures or facilities. As to breaka3e or rupture of the force main system caused by act of God, catastrophe, or acts of others, except acts of the City and its employees, the same shall be repaired by the City at the expense of the Authority 6. The rates and charges for collecting the sewage from the customers in the Port Area shall at all times be reasonable and , uniform after taking into consideration the cost of operation of the City's treatment plant and collection system, the maintenance and repair of the same, reserves for the depreciation of plant and collection system and other reserves and payments required by the City's bond resolutions. The City shall be authorized to charge the customers of the sanitary sewerage system in the Port Area a rate not to exceed 125 percent of the rate charged to customers of the same classification located inside the corporate limits of the City. Said maximum rate shall be subject to annual review by the parties. 7. The City shall be authorized and empowered to make reasonable rules and regulations governing the use of said sewage collection system, time and manner of payment for sewage collected, cut-off charges, and cash deposits insuring payment of charges; uroviicd the said rules and regulations shall be uniform with _erulatioas applying to customers located within the corporate limits of thaCity. The City shall have the rir_ht to discontinue collec "Jinn- sanitary sewage from any customer who shall not comply -aitii s% ii rules and regulations. -3- ■ ■ 8. The administrative billing and collection of user sewage charges shall be the responsiblity of the City. The Authority reserves the right to levy and assess against occupants of the Port Area a utility tax on waste water disposal for the purposes of obtaining reimbursement for the capital and operating outlays required of the Authority under this franchise; however, the City shall not be responsible in any way to collect or administer such said utility tax. 9. In the event of rupture, bursting, collapse, breakage, or any other failure of the sewerage collection system, or in case it may become necessary to repair any part of the sewerage collection system necessitating shutting off the collection of sewage temporarily, the City is hereby authorized to discontinue the use of the sewerage collection system to meet the needs of the particular case, provided, however, that customers affected shall be properly notified of the temporary discontinuance of the service. It is mutually agreed that the City shall not be held accountable or liable nor shall it be held or considered as a breach of this Agreement for failure on its part to collect sanitary sewage from the Port Area growing out of any breakage, unavoidable accident or injury of any kind occurring to the sewerage collection system, treatment plant or any part thereof or on account of any suit, judgment or decree of any court of record, restraining or interfering with the City in carrying out this franchise on its part, nor shall it be held liable or accountable under this Agreement for any failure to collect sanitary sewage growing out of any lack of fuel or pc:aer to operate its system bccassioned by any accident, act of God beyond its control, the act of the elements, strikes, riots, or public enemy; but the City expressly agrees to use due diligence and care to perform its agreements herein and to use all due diligence to repair or replace any and all breakages or damaged facilities. 10. The City reserves the right to refuse use of the sewerage collection system to any user whose sewage shall be determined by -4- t the City's consulting engineers to be injurious to the operation of the collection system or the traatment plant or both. If, in the judgment of the City, an occupant or prospe active occupant of a portion of the Port Area cannot reasonably accommodate, by pre- ant , its sewage for acceptance by the City in the sewerage and the Authority determines it to be in the public interest system, a cate in the Port Area, then the Authority for such nd occupant to lo Port Area and conduct may allow such occupant to locate in the its operations thereon :with sewage disposal to be accomplished in a manner satisfactory to the Authority 11. The franchise hereby given by the Authority to the City is exclusive and shall be for a term of thirty (30) years from the date hereof. This franchise shall not be assignable by either party except that upon dissolution of a party, this franchise and the rights hereunder shall devolve to the successor in interest of such dissolved party. 12. In the event the Authority provides sanitary sewerage mains outside of the Port Area in order to connect with the City's sewerage system, it is understood and agreed that no connections shall be made to such main or mains 'without the prior written approval of the authority and the City. 1i, In the event the sewerage collection system provided by the Authority is sought to be acquired by another governmental authority, either by purchase or condemnation, the Authority shall be entitled to receive for its sole use and benefit a17, compensation paid by the acquiring governmental agency attributed to the sewerage system provided by the Port Authority. 14. In the event the Authority "fishes to provide sewage service to a part of the Port :Area not served by the se:,ioraye and in the further system operated and maintained by the City, avcnt tluit tae :- uthority and the Cit; esnnot agree as to providinz, p rsea, then such s..ua -e service heraualer to said art of tic port ' ,nonce of both of thoae events, the , Luthority ^.t:d upon file occl._.. some -_ly provide suca service through its own r..sourcos or throu!;h agency- a';hcr ;;ovornmen:al s -5- 15. I£ the City shall fail to provide nearer service through the then existing sewerage system under this Agreement, the Authority may take necessary staos to insure continuity of service. Upon eithar party failing to remedy a default under the terms of thin contract and /or supplements thereto after having received six (6) months advance written notice to remedy such default, then the other party may terminate this franchise upon giving the defaulting party an additional six (6) months advance written notice of intent to terminate. 16. Upon termination of this franchise by expiration of term or otherwise, then the sewerage system provided by the Authority shall be fully restored to it and the City's rights and obligations for providing sewage service to the Port Area shall end. In the event the City shall at its cost provide any capital improvements to and for the sewerage system under a sub- sequent supplemental agreement or agreements, then upon termination of this franchise by expiration of term or otherwise, the City shall be reimbursed by the Authority for such capital improvements provided by the City in the Port Area in an amount equal to the undepreciated cost value of such said improvements determined on a straight line method; and the Authority shall, by such reimburse- ment, acquire sole title to and use of such said capital improvements. In the event the City is to provide at its expense future capital improvements to its sewerage system outside of the Port Area in connection with future increments of construction of the sewerage system in the Port Area, and in the event the City wants reimburse- ment on an equitable basis for such capital outlays upon termination of this franchise, then and in those events such reimbursement to the City shall be the subject of mutual agreement by the parties to be specifically incorporated in the agreement for such said future increment or increments of construction. 17. It is agreed that water usage by the ;authority or its lessees, which does not develop in whole or in part sewage for _6_ discharbe into the sewerage system, may at the discretion of the �cuthority �.. separately metered so as to exclude from sewage charges hereunder that part of such ,rater usage which does not develop sewage. 16. The date of this franchise agreement shall be the date that the same is executed by the City. APP207ED by the Canaveral Port Authority at its regular mze;tng on the .aa.od day of �+ 1970, with the undersigned officers executing this Agreement as the duly author- ized act of the Canaveral Port Authority pursuant to resolution duly „adopted at said meeting. N I l; CptiaV-z jAL PORT AUTHORITY Hi: S r” A � • .45t "(Corporate Seal) APPROVED by the City of Cape Canaveral at its regular meeting on the x141 day of _ + 1970+ with the undersigned officers executing this Agreement as the duly authorized act of the City of Cane Canaveral pursuant to resolution duly adopted at said meeting. CITY OF CAP° CANAVERAL ATTEST: l i7 T �• . (Corporate Seal) -7-