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1968-601ORDINANCE NO. 601 AN ORDINANCE AUTHORIZING EXECUTION OF AGREEMENT WITH CONSUMERS'WATER- COMPANY FOR COLLECTION "AND DISBURSEMENT OF SEWERAGE CHARGES; AND, DECLARING AN EMERGENCY TO EXIST. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SOUTH "MIAMI, FLORIDA: Section 1. That the proper officers of the City be and they hereby are authorized and directed to execute, for and on behalf of the City, an Agreement with CONSUMERS WATER COMPANY for { the collection and disbursement of sewerage charges, a copy-of said Agreement being attached hereto and, by 'reference thereto, made a part hereof. Section 2. That this ordinance is hereby deolared to be an emergency measure upon the ground of 'urgent "public need for the preservation of the peace, health, welfare and property of the people of the City "of'South Miami, and shall-'- become effective upon publication at least one time by caption in a newspaper of general circulation in the City., or upon its being posted in Nil in 'a coiispictous place in South Miami, Florida. PASSED and ADOPTED this __2c) day of APRIL 1968. i r - -- i z' t _ y a� 3 r k. I�7 a p" �y ORDINANCE NO. 601 AN ORDINANCE AUTHORIZING EXECUTION OF AGREEMENT WITH CONSUMERS'WATER- COMPANY FOR COLLECTION "AND DISBURSEMENT OF SEWERAGE CHARGES; AND, DECLARING AN EMERGENCY TO EXIST. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SOUTH "MIAMI, FLORIDA: Section 1. That the proper officers of the City be and they hereby are authorized and directed to execute, for and on behalf of the City, an Agreement with CONSUMERS WATER COMPANY for { the collection and disbursement of sewerage charges, a copy-of said Agreement being attached hereto and, by 'reference thereto, made a part hereof. Section 2. That this ordinance is hereby deolared to be an emergency measure upon the ground of 'urgent "public need for the preservation of the peace, health, welfare and property of the people of the City "of'South Miami, and shall-'- become effective upon publication at least one time by caption in a newspaper of general circulation in the City., or upon its being posted in Nil in 'a coiispictous place in South Miami, Florida. PASSED and ADOPTED this __2c) day of APRIL 1968. ■ A G R E E M F. N T THIS AGREEMENT, entered into this 18 day of April 196 8 , by and between CITY OF SOUTH MIAMI, a Florida municipal corp- oration, hereinafter called the "City ", party of the first part, and CONSUMERS WATER COMPANY, a Florida corporation,jor itself, its successors o,, and assigns hereinafter called the "Company" party of the second part: , W I T N E S S E T H WHEREAS, City has a sewerage disposal system for the homes and businesses within its corporate limits, and WHEREAS, City has adopted its Ordinance No. 577 on the day of October 17 , 196 7 imposing rates and charges for the use of` its sewerage system, and WHEREAS,-the Company furnishes the water supply`for the homes and businesses within "the City, and WHEREAS, by the terms of the aforesaid Ordinance, City has approved the collection by the Company of its sewerage charges imposed on users and has approved the entering into of a contract between "th'e City ind'the Company for the collection of such sewerage charges and the Company has indicated its willingness to make such collections on the terms and conditions stated herein; NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00)-paid by the'City to the Company, receipt of which is hereby acknowledged, and of the mutual covenants herein, it is agreed: I. Company will designate and cause to be marked the Company's individual meter reading record sheets for all users within the 'corp- orate limits of the City and Company shall be entitled to consider the person or persons whose names appear on the Company's service records as the person responsible for'-sewer charges at the location involved. The Company shall not be required to bill or otherwise service for City any account which does not receive water service from the Company. f' 2. City will furnish the Company promptly with the rate or rates to be charged for sewer services to Company's customers and cert -ified copy of the current ordinance of City imposing such fees and charges and regulating the sewer- age disposal system, and no change in the billings for such sewerage charges shall be required of the Company until at least thirty (30) days after notification of any change in such rates, charges or regulations, 3. The Company agrees to administer such accounts and during the Company's regular and periodic billing procedure, to cause to be billed each water consumer of the Company billed by-the Company as an added and designated charge on the water service bill the sewer service charges for the indicated quantity of water used according to the schedule of sewer ser- vice rates established by the City for such user. _The Company agrees to bill the user of water service and sewer service charge at the same time the water service charge is billed. 4. The Company agrees to observe the same diligence, policy and procedure in the billing and administration of sewer accounts. as used by the Company in administering and billing- -its water service accounts, except that the Company shall not be obligated to institute or maintain suits at law for collection of sewer accounts. 5. City agrees that such adjustments to billing for over or under registration of water meters, for underground leaks, for establishments of water use by consumers when water meters have been inoperative, for an obviously incorrect meter reading recorded, or other recognized and proper adjustments as are granted to water consumers by the Company, will be -2- e i accepted by City, and such adjustments for water use shall be applicable to obtain the indicated adjusted billing of sewer service charges. 6. The Company will keep books of account, showing periodic gross receipts from the collection of sewer charges and shall sake a statement :It writing, showing the adjust- ments made pursuant to Paragraph 5., not later than thirty (30) days after -the end of each periodic billing period and, based on such statements, shall make payments to City of-the amount due. As compensation for billing, collecting and accounting for the sewer charges, City agrees that the Company may deduct from each "periodic payment Twenty Cents (20G) per bill. In addition to the compensation of twenty cents (20i) per bill, City agrees to pay Company an initial ariount equal to the cost incurred by, the Company by reason of its work in originating the necessary records and methods to set up the billing procedure. 7. City agrees that the Company may provide for the sewer service charges to be due and payable at the same time water service charges are due and payable. The Company agrees to bill the user of water service and sewer service charge at the same time 'the water service charge is billed. The Company agrees to discontinue water service to those sewer users whose water and sewer service accounts remain unpaid Ninety '(90)' days after the due date. Nothing in this agreement shall interfere with, inhibit or delay the Company from discontinuing its ser- vice to any water consumer at any time in order that the Company may enforce the Company's own rules and regulations relative to war -3- water service or payment of water service accounts, and -there shall be no liability or obli = =)ation on the -part of the Company to City for loss of sewer service charges. Nothing in this section shall be construed as requiring the Company to discontinue water service at any location because of the nonpayment of sewer service charges. 8. The City reserves the right, upon written order to the Company, to continue its sewer service and request the Company to'continue its water service on individual service accounts whose sewer accounts remain unpaid Ninety (90) days after their due date. Any such exception to the provisions to discontinue water service as set forth 'ih`Paragraph 7 herein shall be only after written directions signed by the City Manager designating the particular billing,�'to be'exempted. 9. The City agrees to indemnify and hold,,harmless the company from any and all damages and liability for anything and everything arising from the servicing o'f 'said sewer accounts of any person, firm, corporation, or entity. City shall in addition pay such attorney's fees, expenses of every kind and nature, and all costs arising therefrom' or occasioned thereby. 10. This agreement shall be effective for the period commencing with the date of its execution to and including October '19, 1918. However, either party may cancel this agreement upon at least 'ninety (90) days written notice-to the other and the Company may increase or decrease its per bill charge after giving at least 90 days written notice to the City. -4- IN WITNESS WHEREOF, the City and the Company have caused these presents to be executed by their duly authorized officers and their corporate seals affixed, the day and year first above written. \ ^ \ V, Signed, sealed and delivered CITY Or SOLITH, MIA'M - I in the presence of: V1- IT tt" i I � \ . � \ BY . I I 7 Mayor A te'8't: City eleirk CONS'U-M-ER WATER COM»Aljy `.� � � ^ � � � ^ . \ » .© ` ? � \ ~ � . Vice P r e's'i d eh t Attest: -5- & '-,,/ Se, er&£a y