Resolution 3041
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EDSOWTIOD N0.314
BE IT RESOLVED B. THE CITY CODECIL O. THE CITY OF
W-00, FLORIDA, PS FOLLOWS:
1. That the +ayor of the City of Lony—O, Florida,
and the City Clllk are hzreby authorized and directed to execu..e
(contract or agreement) on behalf of the City with
V—ie BQank-,hi . n
ooy of said (contract or agreement) being attached here o and
-ea a pant hereof.
2. This Reso Lu t: on mall become effective 1—tliately
its passage and adoption-
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PASSED AND ADOPTED this Plot, day of Oetob-
LDE the City Council of the
city oN fLongiaood, f'lorida
��'i0R of the ity of'L' Lonyvoo3
Florida
IN RL OF LONOw00D UTILITIES,
REAEE O
MENT FROM $9.50 P CUSTOMER PP.RAMONTHTO
$9.50 PER CUSTOMER PER MONTH.
The City Council of the City of Longwood, Florida,
hereby finds as follows:
1. That the public hearing on said sate increase
application was commenced on August 2, 1975.
2. That the public hearing on said rate increase
Ill thereafter continued £rom time to time until September 15,
19]5.
3. That on September 15, 1975, the City Council of
the City of Longwood, Florida, concluded that a reasonable sate
under Ordinance No. 390 of the City of Longwood, Florida, fox
services rendered by I.Ungwood Utilities, Inc. to its customers
would be $-0 per customer per month, and thereupon, authorized
an _ncrease from $4.50 per customer per month, the previous rate,
to $7.50 per customaz per month effective fox service rendered
October, 1975.
4. That Longwood Utilities, Inc. initially presented
information supporting a rate increase from $4.50 per customer
per month to $15.38 per customer per month while requesting a
rate rncre ase only to $9.50 per customer per month.
5. That subsequent to the initial presentation
Longwood Utilities, Inc. presented information supporting a rate
increase from $4.50 per customer per month to $23.01 per customer
per month based u, requirement of Class C Operator effective
January 1, 19]6, pursuant to Regulation 11-16, wide only request-
ing a rate rncee ase from $9.50 per custome _ month to $9.50
per customer per month.
6. That Longwood utilities, Inc. presented infor-
mation supporting an acquisition cost of facilities of approximately
$70,000.00. That Longwood utilities, Inc. tnereafter maintained
the value If the facilities was an appraised value of in
If $150,000.00. That Longwood Utilities, Inc. thereafter
presented information that the purchase cost of the facil
was $66,500.00.
presented information that $11.44 per Customer per month was
required to meet operating expenses without a Class C operator
and that in the opinion of Longwood Utilities, Inc. upon that
basis a monthly rate If $19.40 p tourer per month was a
reasonable rate on the basis of 210 customers.
S. That visual inspection by members of the City
Council revealed that the facility not to be in good maintenance
condition and further revealed that two of the three 100,000-
ga11on treatment units were not operable.
9. That prior to the institution o£ process fox
approval of rate increase, Longwood Utilities, In C. by letter
directed to all of its customers in the month of au1y, 1975,
advised its customers that the rate would be increased by
Longwood Utilities, Inc, on its own decision from the then
current rate If $4.50 per customer per month to a new rate of
$7.50 per customer per month, effective for service rendered by
Longwood Utilities, Inc. to its customers with the month of July,
1975.
10. That the City Council of the City of Longwood,
Florida, concluded that $7.50 per customer per month was a
reasonable rate considering information presented by Longwood
Utilities, Inc., rates charged by other municipalities and public
utilities in the surrounding areas, and on the basis of the City's
experience in operating its own plant.
AGREEMENT
`— THIS AGREEMENT made and entered into this 22 day of
March, 1976, by and between FLORIDA RESIDENTIAL COMMUNITIES, INC.
("FRC") end the CITY OF LONGWOOD ("the City").
WITHESSETH:
Whereas, FRO is the owner and developer of a subdivision
in Seminole County known as Highland Hills, according to the plat
thereof as recorded in Plat Book 18, Page 58, Public Records of
Nemr — County, Flox ida; and
Whereas, Highland Bills Subdivision is within the city limits
of the City of Longwood; and
Whereas, adjacent to the entire eastern boundary of Highland
Hills is a 100 foot wide easement in favor of Florida Power Corporation
for the location and maintenance o£ a Turner-Woodsmere I15 kv
transmission line, said easement having been granted by victor W.
Z worykin on April 9, 1948, and recorded on Sune B, 1948 in Deed Book
149, Page 374, Public Records o£ Seminole County, Florida, the legal
description of said easement being as follows:
t 100 feet of n rth 173 141 feet of. the n rt.h-
t 1/4 0£ the n Tth_t 1/4 of Section 31�
Township 20 south, Range 30 east
and,
Whereas, Florida Power Corporation and FRO have entered into
a letter agreement If March 10, 1976, a copy of which ie attached
hereto as Exhibit A ("the letter agreement"1, in which Florida Power
Corporation has aIth—i'e ed FRC to utilize, subject to the conditions
constructing a storm water retention pond; and
Whereas, among the conditions of the Letter agreement are
—tarn paragraphs, to it, paragraphs 5, 6, 11, 13 and 14, which
i.p... ce rt-, liabili— and responsibilities upon FRC in .,uch
excavation and construction, and
Whereas, the letter agreement provides that the letter agreement
may be assigned by FRC if the assignee thereof (the City or any other
as ee) assumes the responsibilities of FRC as provided thereunder; and
Whereas, FRC de sixes to dedicate and the City desires to accept
the dedication of the storm water retention pond after the completion
of excavation and construe tv on by FRC, and PRO desires to assign the
letter agreement, and the City desires to accept same and to assume
the responsibilities and obligations thereunder with the exception
that FRC shall remain liable to the City to the extent, if —Y, of
faulty e vats on and constructs n performed by PRO on the storm
water retention pond for a period of two years after the City has
accepted a dedication thereof; and
Whereas, prior to commencing exc avaty on and constr uc tvon of
the storm water retentio pond, FRC vs desirous of obtaining the
Ci[y's ayreement to accept a dedication thereof upon its satisfactory
completion.
NOW THEREFORE, in consideration of ONE DOLLAR ($1.00) in hand
paid each to the other and the parties' mutual promises It forth
herein, and other good and valuable considerations, the parties hereby
agree as follows:
1. ADOPTION OF PREANDLES. The foregoing preambles are adopted
by the parties as a part of this Agreement.
I. Highland Hills. Such pond shall actually be an enlargement of the
presently existing storm water retention pond on the eastern boundary
If Highland Hills.
by PRO, as determined by inspection made by appropriate City officials.
Thereafter, all maintenance thereof shall be performed by the City,
and the City shall assume the r p -abilities and ob g eons of the
letter agreement with Florida Power Corporation in accordance with
the provisions thereof.
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