Title: Letter: Water Supply for Pasco
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 Material Information
Title: Letter: Water Supply for Pasco
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Letter: Water Supply for Pasco, June 8, 1976, Agreement Attached
General Note: Box 10, Folder 7 ( Unknown - 1979-1980 ), Item 7
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00002188
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

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13BOA.I O O K O Nt) TC'Y c &1 i [S SIO.)Nrc-4 F<
', .', PINELLAS COUNTY. FLORIDA
315 HAVEN STREET
CLEARWATER. FLORIDA 33516
JMtSSiONEr
N JONES. CHAIRMAN
PATRICK ILEY, VICE-CH.AIRMAN
-NNE MALCHON t.
ARLES E' RAINEY
IFF STEPHENS .


1 1 {-;* '' : .



Pasco Watet- D.iS.ti1bu.tbis:, Inc. -
301 Embassy Boulevard
Port Richey, FL

Attention: Mr. George M. Brown

Dear Mr. Brown:

Subject: Water Supply for Pasco

The Pinellas County Water System is.desirous of providing water supplies
to meet the water needs of southwest Pasco County. It is not our inten-
3 tion to compete with established utilities in Pasco County. However, we
are prepared to assist in any way possible to bring the much needed water
supplies to this area.

We have reviewed the water supply study prepared by Black, Crow and
"Eidsness, Inc. for Pasco County identified as Project No. 646-75-50,
dated September, 1975. This study identified the potential needs in the
area below New Port Richey to the Pinellas-Pasco County line and compared
several pipeline alternatives to bring water supply to that area.

Pinellas County Water System is willing and able to provide the water
supplies to your company to meet the needs identified in the Black, Crow.
and Eidsness study. Specifically, weLcan offer the water supply capacity
in an amount of 10 million gallons per ay o meet the projected needs
through 199 .We will make this water available at our 36" water main on
U.. at the price of 3.5 per thousand gallons until October 1,.1978.
At that time the water rate must be based on the actual unit cost of water --
from the Cypress Creek Regional Wellfield in Pasco County. It is estimated
that the water rate in 1978 at the end of the 66" water line for water
supplied by the Regional Water Authority would cost 30t per thousand gallons..
SAn additional charge by Pinellas to rent water transmission capacity from
the 66" main to your proposed connection on our 36" line at U.S. 19 would
be less than 100 per thousand gallons. This is one of the proposals that
Pinell'as County has made to Pasco County since mid 1975.


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SPaso Water Distributr nc.
Page two
June 8, 1976

Your company w u1d be required to enter a contract with Pinellas similar
to agreements Pinellas has to provide water on a wholesale basis to cities
within Pinellai County. However, cost included in your water rate would
include only those facilities actually used to supply water to Pasco County.
A fundamental part to any proposed agreement between your company and
Pinellas County would be that Pinellas can make no financial cGrrifntment
to support your program. Further, the. terms and agreements presented
in this letter must be approved by the Board of County Commissioners.
An actual contract by your company will be entered with the Board and
not Pinellas County Water System.

Please let me know if I may provide additional information. 4

Very truly yours,

PINELLAS COUNTY WATER SYSTEM


P. C. Talley II
Director

S- PCT/Ir"m


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New.:paper of General Circulation .
Section 50.031, Flocida Statutes I
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APPLICATION FOR A WAT CERTIFICATE :..-'. -. -- i


NOTICE is hereby given that the PASCO WATER AUTHORITY, INC.

(Authority), 1125 U. S. Highway 19 South, Suite 104, New Port

Richey, Fla. 33552; pursuant to Sec. 367.041, Fla. Statutes, gives

this ITNOTIC of its Application for a Certificate to provide whole-

sale water service to governmental agencies, non-profit cooperatives

and utilities, as defined by Chapter 367, Fla. Statutes, in the

western Pasco County area who require such water service from a

pipeline to be constructed by the Authority and available for

use by the above said public through interconnections to the pipe-:".

line in the right-of-way of U. S. Highway 19 beginning at the Pasco-

Pinellas County line running northward to the intersection of

Trouble Creek Road (State Road 518). Also, 'branches of the pipe-

line are proposed to be constructed westerly from U. S. 19 along

the 100 foot right-of-way at the Pasco-Pinellas County.-line to the

water distribution facilities in Holiday Lakes Estates. A branch

is proposed to be constructed from U. S. 19 eastward for one mile

and northward for 1/4 of a mile on State Road 595. Another branch

of the transmission line is proposed to be constructed from U. S. 19

east along State Road 54 to Madison Street and north on Mladison

SStreet to Trouble Creek Road (State Road 518) to interconnect

with a water transmission line of the City of New Port Richey and .

designed to enhance the water supply of the City of New Port Richey

-as well as to transmit water to areas north of the City of New Port

Richey. At a point at the intersection of Ridge Road and Congress

Street a transmission line of the Authority from an interconnection

with wat r lines of the City of New Port Richey is proposed to

run easterly along Ridge Road to the intersection of Regency Park

Boulevard then to interconnect with water transmission lines'

serving residents in the Regency Park area and other areas north ,

of the City of Port Richey.




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The purpose oC the proposed water transmission line is to

make available to the water customers of governmental agencies,

non-profit cooperatives and utilities up to 10 million gallons of

water each day and a reduction of water withdrawal from existing

potable water wells in western Pasco County and to relieve the

water shortage in west Pasco County as found by the Florida Public

Service Coimmission and the Southwest Florida Water M!anagement

District and the Florida Department of Environmental Regulation

and to establish fair, reasonable, non-discriminatory and com-

pensatory rates and financing for this project.

Consumers, governmental agencies and utilities may file

written objection with the Clerk of the Florida Public Service

Commission, 700 South Adams Street, Tallahassee, Florida 32304

and, at the same time, provide a copy of the said written

objection to Applicant's attorneys, both within twenty (20) days

of this NOTICE. This NOTICE.is.given on this 8th day of September,

1976.
1976., .Myers, Kaplan, Levinson & Kenin
1020 East Lafayette Street
Tallahassee, Florida 32301
Telephone: (904) 222-9191
Attention: R. A. C. Rose
Attorneys for Applicant,
Pasco Water Authority, Inc,



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1.




*AGREEMENT


THIS AGREEMENT, made and entered into this 6th day of July

1976, by and between Pinellas County, a political subdivision of the State of

Florida, acting by and through its Board of County Commissioners, hereinafter

referred to as the County,.and Pasco Water Authority, Inc., hereinafter referred

to as the Authority.

W I T N E S S E T H:

WHEREAS, the Southwest portion of Pasco County is, and has been for two*.

years, in critical'need of a fresh potable..water supply, and

WHEREAS, Pasco Water Authority, Inc. is desirous of accommodating and

furnishing the water needs of the people of Southwest Pasco County, and

WHEREAS, the County of Pinellas is ready, willing and able to supply to

the Pasco Water Authority, Inc. an adequate supply of fresh potable water;

NOW THEREFORE, for and in consideration of the monies hereinafter

agreed to be paid and the mutual covenants to be performed by each of the

parties hereto as hereinafter set forth, said parties do hereby mutually agree

as follows:

1. The County agrees to furnish the Authority water as required' by the

Authority, up to 10,000,000 gallons per day for its use and for redistribution

to its customers, and the Authority agrees to purchase from the County water

for its use and for redistribution to its customers, provided that the Authority

shall have the right to use existing wells and to construct additional water

wells to increase or supplement its water sources.

2. The County agrees to furnish to the Authority from and through

the County's water supply and distribution system, and the Authority agrees to

purchase from the County, potable water of the standards hereinafter described

and at the rates'and upon theterims and conditions set forth.

3. The Authority will pay for water at the rate of $.35 per 1,000 gallons

until October i, 1978. The price of water per 1,000 gallons will be determined

on or before October 1, 1977 for the year subsequent to October 1, 1978.

Subsequently, the Authority will pay for water at the rate set by the County.

The County will revise the rate annually based on the water system's approved

annual budget.. The rate will become effective upon the passage of one year

after the County sets said rate or when approved by the Florida Public Service


ADDENDUM "A"


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SCommission to allow the Authority to change the-same, whichever shall occur first.

The rate will be a pro-rata share of the revenue requirements of the Water System

to meet water production and transmission obligations. The revenue requirements

are those revenues necessary to provide the following:

A. Payment of operation, maintenance and administrative costs.

B. Payment of annual principle and interest payments on bonded indebted-

ness used for current facilities and future expansion of facilities.

C. Collection of coverages or other reserves required by bond resolu-

tions. .

D. Expansion of the production and transmission facilities developed

that year from revenues from water sales.

E. Recover costs, if any, which were incurred by the County in.serving

water to the Authority but were not collected from the Authority because

of the delays in increasing rates to cover these costs within the one

year period.

F. Payment'of the cost of the water to the Cobnty should it be purchased

from other agencies plus other costs to the County required to furnish

water to the Authority as described in A through D of this paragraph.

Only the cost of those facilities used to supply water to the Authority-

can be used to determine these rates.

4. The terms of this contract shall be thirty (30) years from date of

execution, and may be extended upon mutual agreement of the parties.

5. The Authority shall at its own expense, construct the transmission

line from the County terminal to its customers in Pasco County and shall keep ,

and maintain the same at its expense.

6. The quantity of water delivered shall be measured by a meter or meters

of standard make and sufficient size, selected and maintained by the County.

The Authority will purchase and install the meter or meters to the County "* "

specifications and pay all costs of maintenance of meters and installation.

SThe Authority will have the option of a monthly:service charge which will pay

the cost of maintenance and replacement of the meterss; or the Authority

may be billed actual cost plus overhead for maintenance and replacement of

' ; meterss.

7. The Authority shall have the right to inspect or request at its

own expense, a test of the meter or meters installed, at any reasonable time,











in order to determine their accuracy.t ShouWa'a test be made and the meter not

meet AWWA Standards, the cost of the 'test shall be paid for by the County.

The County agrees to maintain said meter, or meters in proper condition so as

to accurately measure the water supply to the Authority.

8. The County agrees that the supply of wattr.to be delivered hereunder

shall be at all times continuous, except that temporary cessation of delivery of

water at any time caused by Act of God, fires, strikes, casualties, accidents,

necessary maintenance work, breakdowns of or injuries to machinery, pumps or

pipelines, civil or military authority, insurrection, riot or any other cause

beyond the control of the County shall not constitute a breach of this. Agreement

on the part of the County, and the County shall not in such case be liable to

the Authority or its inhabitants for any damage resulting from such unavoidable

cessation of delivery. The County shall give to the Authority at least 48 hours

riotice, when possible, to do any necessary maintenance work.

9. It is recognized by both parties hereto that the County supplies

water to other customers on a wholesale basis, and also to many thousands of

retail users; and it is agreed that at any time when the total demand for water

kby all of the users, including th< Authority, exceeds the capacity of the

County's water supply and distribution system, both wholesale and retail

customers will receive equal priority for the supply of water; and in such event

the inability of the County to supply either the wholesale or retail customers'

full requirements and needs shall not constitute a breach of this Agreement

dn the part of the County; provided, however, the County shall have the

obligation to seek new sources of water in order to be able to maintain this

Agreement. i

S 10. All water delivered under this Agreement shall conform as nearly

as possible to 'the standards of the State of Florida Department of Health and

--- .. RehabilitaTta 'Services and the United States Public Healfth Service while at

the same time being consistent with community desires for water quality.

11. Billings by the County to the Authority shall be made between the

S' first and fifteenth of each calendar month for water furnished during the

preceding month. Payments based upon said billings shall be made to the County

by the Authority within 30 days from the date of billing. Failure of the

Authority to pay when due any amounts billed under the terms of this Agreement ,






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shall constitute breach of this Agreement and the County's obligation to furnish

water may be voided at the County's option and the Authority will accept all

responsibilitiesi for immediately furnishing its citizens with water, and the

Authority does hereby waive any rights to claim damages against the County.

Payments due beyond 30 days will draw interest charges monthly at the rate of

1% per month.

12. The Authority hereby agrees not to deny service to any customer

within the service area within limits of this contract. All rates will be equal

to all customers within established classifications.

13. This Agreement shall take effect upon the execution thereof by the

parties herein, provided that the said parties are able to obtain adequate permits

from all governmental agencies, otherwise, if any party should not be able to

obtain any permit from any governmental agency, said party may cancel this Agree-

ment. Also, the Authority shall have a period up to six months after. the execution

of this contract to commence construction, and if construction is not commenced

by the Authority within six months, then either party shall have the right to

rescind this contract without penalties.

IN WITNESS WHEREOF, said Pinellas County, Florida, acting by and through

its Board of County Commissioners, has caused this Agreement to be executed in

its name and on its behalf by the Chairman of said Board, its official seal to

be hereunto affixed, attested by the Clerk of said Board, and said Authority,

acting by and throughits Directors, has caused this Agreement to be executed

in its name and on its behalf by its proper corporate officers, and its corporate

seal to be hereunto attached, the day and year first above written.


(SEAL)


ATTEST:


gK ; Depu2ty CV1.elr'k for
Clrck 5f the Pinellas County Board of
County Commissioners HAROLD MULLENDORE
.-9 -


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PASCO WATER AUTHORITY, INC.


By: z_ __ ______
-GEO-RGE M. BROWM
President


ATTEST : __
Secretary


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