HomeMy WebLinkAboutResolution No. 1991-17RESOLUTION 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.
ATTEST:,
�
Approved .as to Form:,(-'
a
�' /� I ✓ � ": ..� �a� -..�' ;rte',.
_y ney
\ � F
I til.. .. '70 '+d
r
Ma r
KEDZIERSKI X
PORTER X
E LSONE X
THURM X
INTERLOCAL AGREEMENT
This Interlocal Agreement is made this /-/2 day of IT
1991, by and between the City of Cocoa, Florida ( "Cocoa ") , dnd 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.
� w
i
(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.
• 'i
iAtte;st:i
.r.• _ 1
E
i; RIP
fir. a
�_"- ±ice
.�QRr*1
a � llk
�3
At,te t� o°
a
;Date
� tr.
�lxwo!
cocoa.035
40.RpC4"
i
City of coa,__ Florida
By: _
yor
Date: &V / 9 "/
City of Cape Canaveral,
Florida n 1, Afte
B
On
` .
M
Date: Y_O? - 9 /