HomeMy WebLinkAbout1992 - CorrespCity of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589.5570
July 7, 1992
VIA FAX
Mr. J. Larry Rutherford, President
Atlantic Gulf Communities, Inc.
2601 South Bay Shore Drive
Miami, Fl 33133
Re: General Development Utilities -Sebastian
Dear Mr. Rutherford:
The City of Sebastian is considering exercising its option under the
terms of two franchises granted to General Development Utilities, Inc.
to operate water and wastewater services within portions of the City
of Sebastian. It is our desire to acquire the GDU Facilities within
the City by negotiating with you and without the extraordinary expense
of litigation. In fact, it is likely that the utilities system would
be far too expensive if such litigation costs are incurred.
We would like to begin the negotiating process. In order to maximize
available funds for potential acquisition rather than legal and
engineering expenses involved in litigation, the City would appreciate
your cooperation in the investigation of the potential transfer of the
GDU Sebastian system to the City of Sebastian. In order to accomplish
this, full and complete access to all records, facilities, operational
staff, billing information, etc. is necessary.
We believe that it would be in the best interests of both GDU and the
City to effect a sale of the system through negotiations rather than
the City exercising its option under the terms of the franchises. Are
you willing to begin the negotiating process? If so, will you extend
your complete cooperation with the City to minimize the cost
associated with the acquisition?
I will be calling you within the next few days to request an
appointment. of course, we would be happy to meet with you in your
Miami office. While I do not believe it would be necessary to be
represented by legal counsel at the initial meeting, I will request
that our engineer attend this session with me so that he may begin the
data collection activity.
Thank you in advance for your cooperation.
incerely,
oil—
Rober S. McClary ,(-
City Manager C/
RSM/sg
rmo
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
June 17, 1992
Tom Collins
Capt. Hiram's River Raw Bar
Indian River Drive
Sebastian, FL 32958
Re: Purchase of 3 ERUs of Permanent Capacity
Dear Mr. Collins:
The impact fees for Sewer per ERU totals $2,321.00 per ERU. Your
request of 3 ERUs will total $6,963.00 and will be listed to you upon
payment of this fee in total to the City of Sebastian. I appreciate your
patience during this initial change -over period and please feel free to
contact me if I may be of assistance to you.
Sincerely,
Michael L. Hudkins, CPA
Finance Director
cc: Robert S. McClary, City Manager
d Kathryn M. O'Halloran, City Clerk
Telephone: (407) 567-8000
irdrive.jui
July 6, 1992
BOAFO'W COUNTY COMMISSION^ S
1840 25th Street, Vero Beach, Florida 32960
Mr. Dan Eckis
Community Development Director
City of Sebastian
P.O. Box 780127
Sebastian, F1. 32978-0127
Subject: Indian River Drive in Sebastian
Dear Dan:
�---
RECEIVED`
At 131992
CRY CLER19 .
OFFICE s
Suncom Telephone: 224-1011
In reference to my January 2 letter discussing the transfer of
Indian River Drive from Indian River County to the City of
Sebastian. I was curious of the status of your investigation.
The County Utilities Services Department wants to be included in
the process since they have utilities installed along this road.
Please contact this office if you have any questions.
Sincerely,
� f
JamEW W. Davis, P.E.,
Public Works Director
JWD:rt
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Beach, Florida 32960
Telephone: (407) 567-8000
July 22, 1992
Robb McClary, City Manager
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
SUBJECT: MONTHLY BILLING FOR WASTEWATER SERVICE
MAY 1, 1993 THROUGH JUNE 1, 1993
Dear Mr. McClary:
0113
This is to advise of the City's delinquent balance for service from May 1, 1993 through
June 1, 1993. As of this date the County has not received payment for this invoice.
The County acknowledges your problems with your first billing in June 1993, but it was
only after repeated requests for the City's billing information that we received the billing
data the last week of June, 1993, which is the reason for the billing date of July 2, 1993.
The County's Ordinance No. 91-9, Section 201.17, states that "Bills for monthly charges
and fees should be submitted and shall be payable on the 20th day from the date of the
bill. If any monthly bill remains unpaid on the 21st day of the month for such service,
a penalty shall be imposed and added to the bill." Section 201.08, J(4), states "County
shall charge an additional $1.50 plus one and one-half percent (1-1/2%) interest monthly
on all outstanding balances including assessments, fees, charges, and other fees due if
payment is not made in total by each payment deadline date."
This is to request your assistance in expediting payment of this invoice and the penalty
and interest charges will be added to your next billing.
Please call if I can be of assistance.
Si ere
Harry E. her
Ass
t Director of Utility Services
HEA:sb
cc: James E. Chandler
(MCCLARY.HEA)sb
,m
y a w
,�
This is to advise of the City's delinquent balance for service from May 1, 1993 through
June 1, 1993. As of this date the County has not received payment for this invoice.
The County acknowledges your problems with your first billing in June 1993, but it was
only after repeated requests for the City's billing information that we received the billing
data the last week of June, 1993, which is the reason for the billing date of July 2, 1993.
The County's Ordinance No. 91-9, Section 201.17, states that "Bills for monthly charges
and fees should be submitted and shall be payable on the 20th day from the date of the
bill. If any monthly bill remains unpaid on the 21st day of the month for such service,
a penalty shall be imposed and added to the bill." Section 201.08, J(4), states "County
shall charge an additional $1.50 plus one and one-half percent (1-1/2%) interest monthly
on all outstanding balances including assessments, fees, charges, and other fees due if
payment is not made in total by each payment deadline date."
This is to request your assistance in expediting payment of this invoice and the penalty
and interest charges will be added to your next billing.
Please call if I can be of assistance.
Si ere
Harry E. her
Ass
t Director of Utility Services
HEA:sb
cc: James E. Chandler
(MCCLARY.HEA)sb
General Development Utilities, Inc. AUM/
A General Development Corpora lion Subsidiary
PORT MALABAR. SEBASTIAN HIGHLANDS, SILVER SPRINGS SHORES, JULINGTON CREEK DIVISIONS (407) 723-2077
5240 BABCOCK STREET N.E., PALM BAY. FLORIDA 32905
August 5, 1992
Mr. Robert McClary, City Manager
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978-0127
Re: Utility Easements
Dear Mr. McClary:
On May 21, 1992 we forwarded three easement documents to you for
signature but have had no reply to date.
The requested easements are for three of our sanitary sewer lift
stations that are located on land which was recently conveyed
to the City of Sebastian by General Development Corporation.
We again ask that you execute the documents and return them to
us at your earliest convenience. We will have the documents
recorded and provide you with copies for your records.
Should you have any questions or comments concerning this
matter, please do not hesitate to call me.
Sincerely,
red ch�a n
Operations Manager
FS/fa
pc: File
OW N E R S H I P E N C U M B R A N C E
CERT 1 F 1 CAT E
Issued by
A T L A N T I C C O A S T A L T I T L E
CO R P O R A T I O N
936 47th Avenue, Vero Beach, Florida 32966 Telephone - (407) 569-4364
Re: City of Sebastian, a Florida corporation
ACTC File: 29923801
This is to certify that a careful and diligent search of the Public Record as
to the land hereinafter identified, to wit:
Tract K, SEBASTIAN HIGHLANDS, UNIT 17, according to the Plat
thereof, as recorded in Plat Book 8, at Page 46, of the Public
Records of Indian River County, Florida.
was conducted beginning March 30, 1992 at 8:00 AM and continuing through 5:00
PM on the certification date given below; and it was found that title to the
land hereinabove described was apparently vested in "City of Sebastian. a
Florida corporation" by virtue of that certain instrument recorded in O. R.
Book 928, at Page 2018; and it appears by virtue of a reference in that
instrument (or by instrument recorded subsequent thereto) that subject land
was encumbered by:
Nothing Apparent!
No other matters were discovered during the period searched that appear to remain as an encum-
brance upon the land.
Real property taxes for the year 1991 were found to be Paid in the
gross amount of $0.00. No search for special assessments was made.
This certificate does not obligate the Company to insure title to the land described herein, nor
does it intend to make any representation as to the insurability or marketability thereof or to
the legal sufficiency of any instrument referred to herein. The Company's liability hereunder is
limited solely to the amount actually paid for this certificate, and is void except as to the
entity to whom originally issued.
Certified to General Development Utilities, Ia-.. as�f-,May 8, 1992.
Leonard L.Sp ler, Jr.
President
d:\binder\rl0v.doc (d:\binder\v3.doc) [Issued May 13, 1992 - Page 1]
OW N E R S H I P 8c E N C U M B R A N C E
CERT I F I C A T E
Issued by
A T L A N T I C C O A S -F,&. L T I T L E
C O R P O R A T I O N
936 47th Avenue, Vero Beach, Florida 32966 Telephone - (407) 569-4364
Re: City of Sebastian, a Florida Municipal Corporation
ACTC File: 29923799
This is to certify that a careful and diligent search of the Public Record as
to the land hereinafter identified, to wit:
Tract P, SEBASTIAN HIGHLANDS, UNIT 16, according to the Plat
thereof, as recorded in Plat Book 8, at Page 45, of the Public
Records of Indian River County, Florida.
was conducted beginning at 8:00 AM and continuing through 5:00 PM on the
certification date given below; and it was found that title to the land
hereinabove described was apparently vested in "City of Sebastian. a Florida
Municipal Corporation" by virtue of that certain instrument recorded in 0. R.
Book 928, at Page 2018; and it appears by virtue of a reference in that
instrument (or by instrument recorded subsequent thereto) that subject land
was encumbered by:
Nothing Apparent!
No other matters were discovered during the period searched that appear to remain as an encum-
brance upon the land.
Real property taxes for the year 1991 were found to be Paid in the
gross amount of $0.00. No search for special assessments was made.
This certificate does not obligate the Company to insure title_ to the land described herein, nor
does it intend to make any representation as to the insurability or marketability thereof or to
the legal sufficiency of any instrument referred to herein. The Company's liability hereunder is
limited solely to the amount actually paid for this certificate, and is void except as to the
entity to whom originally issued.
Certified to General Development Utilitie , nc. as of)May 8, 1992.
Leonard Spangler, Jr.
Presid�t
d:\binder\rl0v.doc (d:\binder\v3.doc) [Issued May 13, 1992 - Page 1]
O W N E R S H I P & E N C U M B R,^. N C E
CERT 1 F= 1 CATS
Issued by
A T L A N T I C COASTAL_ T I T L - E
C O R P O R A T I O N
936 47th Avenue, Vero Beach, Florida 32966 Telephone - (407) 569-4364
Re: City of Sebastian, a Florida Municipal Corporation
ACTC File: 29923798
This is to certify that a careful and diligent search of the Public Record as
to the land hereinafter identified, to wit:
Tract R, SEBASTIAN HIGHLANDS, UNIT 17, according to the Plat
thereof, as recorded in Plat Book 8, at Page 46, of the Public
Records of Indian River County, Florida.
was conducted beginning March 30, 1992 at 8:00 AM and continuing through 5:00
PM on the certification date given below; and it was found that title to the
land hereinabove described was apparently vested in "City of Sebastian, a
Florida Municipal Corporation" by virtue of that certain instrument recorded
in O. R. Book 928, at Page 2018; and it appears by virtue of a reference in
that instrument (or by instrument recorded subsequent thereto) that subject
land was encumbered by:
Nothing Apparent!
No other matters were discovered during the period searched that appear to remain as an encum-
brance upon the land. -
Real property taxes for the year 1991 were found to be Paid in the
gross amount of $0.00. No search for special assessments was made.
This certificate does not obligate the Company to insure title to the land described herein, nor
does it intend to make any representation as to the insurability or marketability thereof or to
the legal sufficiency of any instrument referred to herein. The Company's liability hereunder is
limited solely to the amount actually paid for this certificate, and is void except as to the
entity to whom originally issued.
Certified to General Development Utilities, I� 8, 1992.
Leonard L.;ARangler, Jr.
President/\
d:\binder\rl0v.doc (d:\binder\v3.doc) [Issued May 13, 1992 - Page 1]
of
�• �,y.c-- 19 .So
This instrument prepared oy and return to:
Gary B. Press, Esquire,
FRES$, FALL&Cv RASH L TORPY, P.A. RECORD EMRED
930 S. Harbor City Blvd., #505 BARTONJERK
K B•.CTO
Melbourne, FL 32901 CLERK CIRCUIT COURT
CI
WARRANrz
M=XAL DEED INDIAN RIVER Co. FLA
THIS USED is sada as of the day of March, 1992, between
GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, as debtor-
J
in -possession under U.S. Bankruptcy Court Case No. 90 -12231 -BAC-
W
ATC, whose addreas is 2601 South Bayshore Drive, Miami, Florida
33131 ("Gra_ntor"), and CITY OF SEBASTIAN, a auniclpal corporation
F
organized under the law of the State of Florida, whose address is
1225 Main Street, Sebastian, Florida 32958 (•Grantee•).
J
W I T N E S s E T Es
Grantor, for and in consideration of the sum of Ten Dollars
c,
($10.00) and ocher valuable consideration paid by Grantee, the
receipt and sufficiency of which is hereby acknowledged, has
�-_
granted, bargained and sold, and by these presents does grant,
bargain and sell, to Grantee, and Grantee's successors and assigns
N
forever, the following property located in Indian River County,
s
Florida (the "Property"), to wit:
a
Seo Exhibit "A"
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attached hereto and by this reference made a part hereof
SUBJECT TOs
r.
1. Ad valor" real estate taxes for 1992 and subsequent
N
years.
2. All laws, ordinances, regulations, restrictions,
prohibitions and other requirements imposed by
governmental authority, including, but not limited tc
all applicable building, zoning, land use and
environmental ordinances and regulations.
3. Easements, conditions, restrictions, matters, limitaticna
end reservations of record, without hereby reimposing the
sass.
4. Matters which would be disclosed by an accurate survey
of the Property.
TO HAVE AND TO HOLD unto Grantee and Grantee's successors and
assigns in fas ample forever.
F
grantor hereby specially warrants the title to the Property,
subject to the foregoing matters, and will defend the same against
the lawful claims of all persona claiming by, through or under
Grantor, but against no others.
IX WITNESS WHEREOF, Grantor has executed this Deed on the day
and year first above written.
Signed, sealed and delivered GENERAL DEVELOPMENT CORPORATION,
in the presence of: a Delaware corporation, as
debtor-in-possession under
Bankruptcy Court Case No.
N ,}o- Acdt4FrcNS
/CD
e901-12231-BKC-anted
sident
Me
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Drive
pME':iARY STAMPS / •40
o
JEEiREY k MRTC . CLL%
WORAN R NER COUNTY.
Co
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PARCEL 12: Lots 1 to 11, inclusive, Block 449; Lots 1, 2, 3 and
4, Block 451; Lots 11 and 12, Block 462; Lots 4, 6, 7, 8, 11, 12,
13, 14, 15, 16, 17 and 18, Block 570; Lots 1, 2, 3, 4, 5, 6, 7, 9,
10, 11, 12, 13, 14, 15, 16, 19 and 20, Block 578; Lots 12, 13, 14,
19, 20 and 21, Block 579; Lots 1, 2, and 3, Block 580; and Lots 4
and 5, Block 589; SEBASTIAN HIGHLANDS, UGIT 17, according to the
plat thereof as recorder in Plat Book 8, Page 46, of the Public
Records of Indian River County, Florida.
' PA=.CEL _ . Tract A, Block 441; Tract 8, adjacent to Block 445;
F� Tracts H and I, Block 574; Tract K, adjacent to Block 588; Tract
M, adjacent to Block 599; Tract O, adjacent to Block 593; The
Westerly 115 feet of Tract P, adjacent to Block 602; Tract Q,
E adjacent to Block 6041 Tract R, adjacent to Block 613; Tract S,
s adjacent to Block 616; Tract T, Block 606; Tract U, Block 598;
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EXHIBIT "1e
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PARCEL 1: Lot 2, Block 12 and Tract c, adjacent to Block 41; Tract
D, adjacent to Block 21; Tract E, adjacent to Block 17; Tract F,
adjacent to Block 14; Tracts H and I, adjacent to Block 12,
SE3ASTIAN HIGHLANDS, according to the plat thereof as recorded in
Plat Book 5, Pages 14 and 15, or the Public Records of Indian River
County, Florida.
PARCEL 2: Tract O, adjacent to Block 65, SEBASTIAN HIGHLANDS, UNIT
2, according to the plat thereof as recorded in Plat Book 5, Page
f{:
34, of the Public Records of Indian River County, Florida.
}
PARCEL 3: Tract Y, adjacent to Bock 121, SEBASTIAN HIGHLANDS,
UNIT 4, according to the plat thereof as recorded in Plat Book 5,
Page 100, of the Public Records of Indian River County, Florida.
j
PARCEL 4: All of Block 193 and Tract C, Block 223, SEBASTIAN
f '
HIGHLANDS, UNIT 8, according to the plat thereof as recorded in
-"-
Plat Bock 6, Page 9, of the Public Records of Indian River County,
Florida.
PARCEL 5: All of Blocks 268 and 300 and Tract A, Block 211; Tract
B, Block 267 and Tract C, Block 264, SEBASTIAN HIGHLANDS, UNIT 10,
"
according to the plat thereof as recorded in Plat Book 6, Page 37,
of the Public Records of Indian River County, Florida.
L
PARCEL 6: Lot 19, Block 364; Lot 12, Block 365; Tracts A and B,
adjacent to Block 282; Tract C, adjacent to Block 372; Tract D,
and Tract E, Block 347. SEBASTI,N HIGHLANDS, UNIT 11, according to
the plat thereof as recorded in Plat Book 7, Page 56, of the Public
s
Records of Indian River County, Florida.
PARCEL 7: Tracts A and Tract D, SEBASTIAN HIGHLANDS, UNIT 13,
t
according to the plat thereof as recorded in Plat Book 7, Page 82,
of the Public Records of Indian River County, Florida.
W'
PARCEL 8: Tract D, Block 333, SEBASTIAN HIGHLANDS, UNIT 13,
according to the plat thereof as recorded in Plat Book 7, Page 82,
-
of the Public Records of Indian River County, Florida; LESS AND
EXCEPT those portions conveyed in Official Record Book 524, Page
4161 Official Record Book 530, Page 465 and Official Record Book
539, Page 525, Public Records of Indian River County, Florida.
PARCEL 9: Tract B, adjacent to Block 507, SEBASTIAN HIGHLANDS,
UNIT 14, according to the plat thereof as recorded in Plat Book 8,
Page 43, of the Public Records of Indian River County, Florida.
PARCEL 10: Tract G, adjacent to Block 488, SEBASTIAN HIGHLANDS,
UNIT 15, according to the plat thereof as recorded in Plat Book 8,
.4.
Page 44, of the Public Records of Indian River County, Florida.
PARCEL 11: Tract P, adjacent to Block 560; Tracts :', S and T,
!i
adjacent to Block 559, SEBASTIAN HIGHLANDS, UNIT 16, according to
the plat thereof as recorded in Plat Book 8, Page 45, of the Public
Records of Indian River County, Florida.
PARCEL 12: Lots 1 to 11, inclusive, Block 449; Lots 1, 2, 3 and
4, Block 451; Lots 11 and 12, Block 462; Lots 4, 6, 7, 8, 11, 12,
13, 14, 15, 16, 17 and 18, Block 570; Lots 1, 2, 3, 4, 5, 6, 7, 9,
10, 11, 12, 13, 14, 15, 16, 19 and 20, Block 578; Lots 12, 13, 14,
19, 20 and 21, Block 579; Lots 1, 2, and 3, Block 580; and Lots 4
and 5, Block 589; SEBASTIAN HIGHLANDS, UGIT 17, according to the
plat thereof as recorder in Plat Book 8, Page 46, of the Public
Records of Indian River County, Florida.
' PA=.CEL _ . Tract A, Block 441; Tract 8, adjacent to Block 445;
F� Tracts H and I, Block 574; Tract K, adjacent to Block 588; Tract
M, adjacent to Block 599; Tract O, adjacent to Block 593; The
Westerly 115 feet of Tract P, adjacent to Block 602; Tract Q,
E adjacent to Block 6041 Tract R, adjacent to Block 613; Tract S,
s adjacent to Block 616; Tract T, Block 606; Tract U, Block 598;
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Tract V. Block 599: Tract W, Block 595; Tra.:t k, Block 462 and
Tract Y, Block 580, SEBASTIAN HIGHLANDS, UNIT 17, according to the
plat thereof as recorded ii Plat Book e, Page 46, of the Public
Records of Indian River County, Florida.
PAI, -RT 14: A portion of Section 18, Township 31 South, Range 19
East, lying in Indian River County, being bounded as follows:
On the Nest and North by the southerly and a portion of the
easterly lines of the lands described in a warranty Deed recorded
in Official Records Book 818, at Pagc. 341 of the Public Records of
Indian River County, Florida, and also On he Suuth and West by the
easterly boundary 1:ne of the Plat Of SEBASTIAN HIGHLANDS, UNIT -
16, as recorded in Plat Book 8, Page 45, Public Records of Indian
River County, Florida; On the East by the westerly '-. -.--• line
of the plat of REPLAT OF PORTIONS OF SEBASTIAN HIGHLANDS -UNIT 9,
am recorded in Plat Book 7, at Page 2 of the Public Records of
Indian River County, Florida, and the westerly line (labeled
westerly face of existing bulkhead) of Exhibit wBw of a Quit Claim
Deed as recorded in Official Record Book 346, at Page 499 of the
Tublic Records of Indian River County, Florida, and the westerly
limit of BAILEY DRIVE as shown on the plat of SEBASTIAN HIGHLANDS -
UNIT 9, as recorded in Plat Book 6, at Page 36, of the Public
Records of Indian River County, Florida and a portion of the
easterly line of said Official Records Book 818, at Page 341, all
as recorded in the Public Records of Indian River County, Florida.
PARCEL 15: Lake Hardee, as shown on the Plats of SEBASTIAN
HIGHLANDS -UNIT 2 as recorded in Plat Book 5, Page 34, and SEBASTIAN
HIGHLANDS -UNIT 4, as ranorded in ?let Book 5, Page 100, both of the
Public Records of Indian River County, Florida, being further
described as follows:
Those portions of Sections 11 and 12, Township 31 South, Range 38
East, bounded on the southerly side by LAKE DRIVE; on the Easterly
side by the westerly line of Lots 1 to 9, inclusive, of said UNIT
2 and Lots 10, 11 and 12 of said UNIT 4, both of Block 73 as shown
on both said plate; cn the westerly side by-HARDEE PARK- conveyed
in Official Records Book 724, Page 1020, of the Public Records of
Indian River County, Florida; and on the northerly side by the
northeasterly and southeasterly block line of Block 120 (tieing the
northeasterly and southeastly lot lines of Lots 1, 2 and 3, of said
Block 120) of said UNIT 4 and the southeasterly Right of Way line
Of that pertain Drainage Right of Way lying Northwesterly of said
Blocks 73 and 120, both of said UNIT 4. All lying and being in the
City of Sebastian, Indian River County, Florida.
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
/2At19ltst 14,.L1992 HAI #92-023.00
QJ�4l a J
'Eby
Mr. Charles E. Fancher, Jr.
President
General Development Utilities, Inc.
2601 South Bayshore Drive
Miami, Florida 33133-5461
Subject: General Development Utilities, Inc. - Sebastian Highlands
Dear Mr. Fancher:
Thank you for scheduling a meeting with representatives of the City of Sebastian, their
engineers, representatives of General Development Utilities, Inc. (GDU), and Atlantic Gulf
Communities regarding the Sebastian Highlands water and wastewater facilities.
As part of evaluating a utility, a number of items must be taken into account; particularly, the
ten (10) requirements provided in the Florida Statute 180.301. In addition, the City and their
engineers must be able to inspect the water and wastewater facilities owned and operated by
GDU and within the City of Sebastian. I have attached for your use a preliminary data request
which we will need to obtain from GDU to evaluate the GDU-Sebastian Highlands facilities. I
understand that this data request is quite lengthy, and in fact, some of the requested
information may not exist. However, we feel that this is a good starting point of which we
can discuss on Tuesday, August 18, 1992. With respect to any future utility inspections, I
believe that we can conduct these inspections in a similar manner to our previously conducted
inspections of your facilities. At which time when we have scheduled our facility inspections,
I will be more than happy to provide GDU with a schedule for our inspections, as well as a list
of all attendees.
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839.3955 • FAX (407) 839-3790
PRINCIPALS: JAMES E. CHRISTOPHER • CHARLES W. DRAKE • GERALD C. HARTMAN • MARK L LUKE • MARK A. RYNNING • HAROLD E. SCHMIDT. JR.
Mr. Charles E. Fancher, Jr.
August 14, 1992
Page Two
We look forward to meeting with you and others on Tuesday, August 18, 1992, regarding the
above referenced water and wastewater facilities. Should you have any questions in the
meantime, please do not hesitate to call me.
Very truly yours,
Hartman
/& Associates, Inc.
Harold E. Schmidt, Jr., P.E.
Vice President
HES/ch
C14/Fancher.hes
Attachment
cc: Rob McClary, City of Sebastian w/attachment
Gerry Hartman, HAI w/attachment
SEBASTIAN DATA REQUEST
A. UTILITY OPERATIONS
1. FDER monthly operating reports 1988 to July, 1992.
2. Daily operating reports kept at the WTP and WWTP showing pump run times,
chemical usage, and other information regarding these facilities for the years
1988 through July 1992.
3. All documents showing the following information concerning the raw water to
the WTP including:
a. chemical analysis;
b. historic groundwater levels; and
C. raw water pumping daily flow charts since 1988 through present date.
(Actual charts required will be identified after review of FDER MOR's).
4. All documents incorporating and/or showing all sludge hauling records from
1988 to present date. This information should include at a minimum the
following information:
a. sludge disposal site;
b. sludge quantity hauled per event;
C. sludge characteristics; and
d. contract hauler name, address, telephone number, etc.
5. All pump station run times disaggregated by pump station on a daily basis for
the years 1988 through July 1992.
6. A breakdown of and/or all documents showing all water mains, gravity sewers,
and forcemains by type of pipe (i.e. asbestos cement (AC), polyvinyl chloride
(PVC), etc.) including:
a. diameter (inches);
b. length (feet).
GJR/jb/M-1/Sab.gjr
HAI//90-023.00 1
7. A breakdown of and/or all documents showing all equipment installed at the
WTP and WWTP, including:
a. equipment;
b. manufacturer;
C. model number;
d. serial number; and
e. miscellaneous (i.e., electrical requirements, horsepower capacities, etc.).
8. One (1) set of mylar drawings and specifications indicating as -built conditions
of the following:
a. overall water transmission and distribution system (scale: 1" = 600' or
as appropriate);
b. overall wastewater collection and transmission system, including pump
stations (scale: 1" = 600' or as appropriate);
C. water treatment plant expansions from inception to present date; and
d. wastewater treatment plant expansions from inception to present date;
e. raw water supply wells.
9. All deeds and any other documents providing legal descriptions for the WWTP,
WTP, ground storage facilities, raw water supply wells, wastewater lift stations,
all piping not placed in the public rights-of-way and all easements or record
whether they are held in the name of General Development Utilities, Inc.
(GDU) or Altantic Gulf Communities, formerly General Development
Corporation (GDC) which pertain to GDU water and wastewater operations.
10. All documents showing individual and composite pump curves for the high
service pumps located at the WTP and the raw water supply wells.
11. All engineering reports prepared for the Sebastian water and wastewater
facilities since 1980.
GJR/jb/M-1/Sab.gjr
HAI//90-023.00 2
12. All documents showing fire hydrant tests data since 1988 and any information
regarding infiltration/inflow studies.
13. Opportunity to review the WTP and WWTP operator's log book for the years
1985 through present date.
14. Opportunity to review equipment/pipeline maintenance data.
B. FINANCIAL
1. All financial audits performed for the GDU Sebastian Highlands division for the
period 1989 through 1991.
2. A current list of all documents showing water and sewer customers presently
connected service. This information should at minimum include:
a. name;
b. location;
C. type (i.e., residential, commercial, etc.); and
d. meter size.
3. A list of and/or all documents showing all paid and committed water and sewer
equivalent units which have not been connected to the systems. The
information should be disaggregated between areas which have service (water
and sewer) currently available and areas that service is not available should at
minimum include:
a. name;
b. location;
C. type (i.e., residential, commercial, etc.); and
d. meter size.
4. Developer agreements (actual and pending) which would require capacity
utilization, commitment or service.
5. A listing of all documents showing all customer deposits on record including:
GJR/jb/M-1/Sab.gjr
HAI#90-023.00 3
a. account number;
b. name and address of customer;
C. date of deposit receipt by Company; and
d. amount of deposit.
6. A complete balance sheet for the GDU Sebastian Highlands Division only and
all footnotes of disclosure items and allocations to the division if such
assets/liabilities are on a total company basis of 1989, 1990, 1991 and any
tentative or draft balance sheets for 1992.
7. A breakdown of or all documents showing property taxes paid by parcel for
GDU for 1990 and 1991.
8. The 1989, 1990 and 1991 Operating and Capital Budget for the Sebastian
Division. This data should include all projections beyond the 1991 time frame
(e.g., Five Year Capital Budget, preliminary 1992 budgetary data, etc.).
9. A detailed breakdown of and/or all documents showing purchased power
expense for the water and sewer system by type of facility (treatment plant, lift
stations, etc.).
10. Provide a detailed monthly breakdown of and/or all documents showing the
source of other water and sewer revenues for 1988 through May, 1992 (i.e., not
sales revenue).
11. For the years 1989 to present date provide the following information or all
documents showing the following by month and by water meter size:
a. number of bills rendered (water);
b. amount of gallons sold (water);
C. amount of gallons produced;
d. number of bills rendered (sewer); and
e. amount of revenue gallons billed (sewer).
12. All supply and maintenance contracts for the water and wastewater facilities,
and information including:
GJR/jb/M-1/Sab.gjr
HAI//90-023.00 4
a. name of contractor, vendor, etc.;
b. address;
C. telephone number; and
d. type of service provided.
13. All annual operating reports filed from 1987 to present date detailing financial
operating results and statistic data for the Sebastian water and wastewater
facilities to include, but not limited to:
a. individual utility reports;
b. expense by individual Chart of Accounts;
C. depreciation expenses by specific plant accounts;
d. operating revenues by specific revenue type;
e. customers by meter size; and
f. production, treatment and sales data.
14. A detailed listing of and/or all documents showing all construction work in
progress balances including, by job number or contract number:
a. description of activity and purpose of addition;
b. total estimated project cost;
C. amount of expenditures spend to date (specify);
d. expected completion date;
e. asset life and salvage value of addition; and
f. asset retirement anticipated once addition is on line including historical
plant costs and accumulated depreciation reserve at time of asset addition
for each retirement.
GJR/jb/M-I/Sab.gjr
HAI#90-023.00 5
15. All least agreements involving tangible or intangible personal property
associated with the GDU Sebastian Highlands Division.
16. All Certificates of Insurance for the GDU Sebastian Highlands Division.
17. A detailed organizational chart and/or all documents showing all employees
(unnamed) by job classification. This information should include at minimum:
a. current salary range per job classification; and
b. description of activities performed.
18. A detailed listing of and/or all documents showing all plants in service (Fixed
Utility Assets) and all contributed plant in service and/or contributions -in -aid -
of -construction (CIRC).
a. a description of property (location, type of asset, linear feet pipe, etc.);
b. in service date;
C. work orders and work releases;
d. bid tabulations;
e. historical cost booked to gross plant in service;
f. accumulated reserve for depreciation on such plant balances;
g. estimated salvage value; and
IT. average service life for depreciation accrued and estimated remaining
useful life of asset.
19. All documents that provide a description of and the methodology used to
allocate all common operating expenses and general plant to water and sewer
accounts.
20. All land sale contracts entered into by Atlantic Gulf Communities (formerly
GDC) or GDU for providing water and sewer utility service to customers.
21. All data, correspondence, memoranda and other documents relative to any water
or wastewater rate increases pending or contemplated, as well as all documents
GJR/jb/M-1/Sab.gjr
HAIN90-023.00 6
showing 1987 to present date any proposed rate base for the GDU Sebastian
Highlands Division.
22. Any accounting of and/or documents showing Capital Charges for Utility
Capacity which have been escrowed or deposited for future service which may
be associated with land sales agreements or deferred utility service agreements.
23. A complete inventory of and/or all documents showing all customer
connections, future customer commitments who have paid capital charges, and
future customer commitments who have partially paid capital charges and finally
future customer commitments who have paid capital charges.
24. The most recent income and expense statement for the GDU Sebastian
Highlands Division.
25. A detailed listing of and/or all documents showing management expenses
including the purpose, amount, and any other applicable information for 1988 to
present date. This information should be on an individual basis based on
expense need.
GJR/jb/M-1/Sab.gjr
HAI/t90-023.00 7
HARTAAAN & ASSOCIATES, Ii. C.
engineers, hydrogeologists, surveyors & management consultants
MEMORANDUM A,2526
262j
92-023.00
TO: File N V w
pU61992
FROM: Gerry Hartman 00 Received w
City Office err A
DATE: August 19, 1992 `s���£lzcttot6g�e'
SUBJECT: GDU Negotiations Meeting
On August 18, 1992, Larry Rutherford, Charlie Fancher, Hal Schmidt, Rob McClary and the
Writer met regarding the City of Sebastian water and sewer facilities. The following was
agreed to among the parties:
1. Relative to the meeting, we would tell the press that the parties are negotiating.
2. GDU is not exclusively negotiating with the City of Sebastian; rather, they are
determining an alternate strategy for the sale of their utility systems as one large
combined unit for the remaining five (5) systems.
During the meeting, Mr. Rutherford stated that he is willing to, of course, sell the system to
the City of Sebastian if the terms and conditions can be negotiated in a reasonable manner.
The parties stated their two (2) methods of negotiations. One would be a contract predicated
on the performance of getting a Farmers Home Administration grant loan for funding the
improvements and the acquisition. The second option is to do a cash down with a futures deal
based upon the revenues of the system and bondability of the same.
In either case, it appears that GDU will be applying to the City of Sebastian for a rate
adjustment for their utility system. Mr. Rutherford requested that Rob McClary present to the
City Council GDU's request to have the rate hearing in front of a hearing officer, and then
bring that hearing officer's recommended order to the City Council. Within three (3) weeks,
we will notify Mr. Rutherford of the decision of the City Council relative to this issue. Mr.
Rutherford directed Charlie Fancher to provide the data and information to Hal Schmidt,
within a two-week period and later on, he asked him to do it within a one-week period.
The Writer is to prepare typical purchase and sale agreements for the negotiated sale of the
Sebastian system. They are to reflect Option A, as well as Option B. This is scheduled to be
completed within two (2) to three (3) weeks. After approximately three (3) weeks, plus or
minus, a second meeting will be scheduled for the parties to negotiate the purchase price and
go over the technical information for one-half day, and then meet in the afternoon, following
up that technical session with a negotiations session.
301 EAST PINI: YMEET • SUITE 1000 • ORLANDO. 171. 33801
TEL17PHo NI: (4O—) 8193955 • FAX (407) H39-3'90
PRINCIPAIS:IAMES V. CHRISI'ON(Fit -CI [ARLES RMAKE • GERALD C. I]AR'I iMAN • MARK I. 1.1 KE • MARK A RYNNING • IIAROLD 1. SCI DI I DT. IR.
MEMORANDUM (Continue
August 19, 1992
Page Two
The above is a summary of the negotiation session conducted at GDU's offices on August 18,
1992.
End of memorandum.
GCH/ch
C14/Sebast.mem
cc: Hal Schmidt, HAI
-Robb McClary, City of Sebastian 1
Tom Cloud, GHRI
SEP -02-1992 09:36 FROM GRAYIHARRIS&ROBINSON
J-CMAOLC3 ORAT
"ROOM N. HAQPIS
RICHARD M. MOS, M SON
P.ILLIP P. e1NCH
PAMELA O. POICC
JAM E9 I. PAGE. JR.
WILLIgn A. SOYLCS
THOMAS A. CLOUD
$TRO V. MAg3MALL.JR.
J. MA50N WILLIAM$.$
LEO P. ROCK. JR.
C. ROBENT30M OILC
CMARLES W. SELL
JACK A. KIRSCHEMSAVM
JAMC3 W. PCCPLCS.=
r*Aq CST S. rICLOS.JR.
TO 914075895570 P.01
GRAS:. HAmus & AoBzxsor
PROVESSIONAL ASSOCIATION
ATTORNEYS AT LAW
SVITE 200
201 EAST PINE STREET
COST OrIICC sex 3OBB
02LA.ND0. FL 32602-3068
TELEPHONE I4091 043.6880
V.. .4011 2AA.54590
GLASS BAM4 SVILDIMO
SOB NORTH VALAMOO AVENUE
POST OrPICC 90A 320737
COCOA Br.&os.FL 32.932-0767'
TCLCIMONE IAOYI 183.2215
IAA NOT) 183-2299
WRITER'S OIRCCT DIAL
PLEASE RCeLY TO:
D to
FAX COVER SHEET
•MOMAS C. SMAW
VA IL J. MORRIS
ALAN R. SVTTCOWOPrm
PAIL 3. OUINN. JR.
DAVID L-9CMICR
"C. A. MGMULLSM
ONLANOO L. EVORA
3usILN O. TASSOLL
SICNARO E. BVRKE
LORI R. BENTON
ANTHONY J. COTTER
TRACT A. SOOGERT
'OHM S. SHOEMAKER
LIRA J. IRAN.
MICHACL K. WILSON
MARK 5, WALKEq
LILA I. MCMCN"
K CNT L..IIP
CAT. CR INE 8. ROORIGUC3
MALCOLM R. KIRSCMCNBAV^
GUY S..ACOARO
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TO:��iLch FAX44 7 51c� - 9h 0
FROM: 7 /� u�� C/M
NUMBER OF PAGES ._ (inciudinq cover sheet)
Please Note our new FAX # 407-244-5690
RE:
_.` any problems are. encountered With this transmittal contact:
at x 3,4 —
SEP -02-1992 09:37 FROM GRRY.HRRRISBROBINSON
J. CMARLC3 ORAY
GORDON N. MARAIS
RICHARD M. ROBINSON
PMILLIP R. FINCH
MM ELA O. PRICE
JAMES F. HOE. JR.
WILLIAM A. VOYLES
THOMAS A. CLOUD
BIRD P. MARSHALL, JR.
J. MASON WILLIAMS, III
LEO P. ROCK. JR.
O. ROBERTSON GILD
CHARLES W. SELL
JACK A. KIRSCHCHDAUM
JAMES W. PCCPLEA=
FORRCST S. FICLOS. JR.
TO 914075895570 P.02
GRAY, Hniuus & RowNsON
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
SUITE 1200
201 EAST PINK STREET
POST OFFICE BOK 3008
ORLANDO, FL a2802-3068
TELEPMONC (407) e43.6600
FAX 14071 EA4-9090
Robb McClary
City Manager
City of Sebastian
P.O. Box 780127
Sebastian, Florida
GLASS BANK BUILDING
$OB NORTH ORLANDO AVENUE
POST OPPICE BOK 320707
COCOA BR Cn, FL 32939-0757
TELEPHONE (A07) 702-aa18
PAX (407) 76S-2407
WRITERS DIRECT DIAL
PLEASE REPLY TO;
Orlando
September 2, 1992
32978
R8: Changes to Ordinance
Dear Robb:
THOMAS C. SHAW
PAUL J. MOKR19
ALAN R. BUYTERWORTH
PAUL S. GUINN, JR.
DAVID L.9CHICK
JACK K. M.MVLLEN
ORLANDO L. EVORA
SUSAN D. TP39ELL
RICHARD E.SURKC
LORI R. BENTON
ANTHONY J. COTTER
TRACY A. BORGCRT
JOHN B.SHOEMAKCR
LISA J. FRANK
MICHAEL K.WILSON
MARK S. WALKER
ULA I. MCHEMRY
KCMT L. HIPP
CATHERINE B. RODRIGUEZ
MALCOLM R. IKIRSCMENBAUM
GUY S- HAGGARD
OF COYHCCL
VIA FACSSPlI�
407/589-5570
Attached herewith are the changed pages to insert in the
Ordinance.
sincerely
yours,
Thomas A.
Cloud, Esqui e
GRAY, HARRIS & ROBINSON, P.A.
TAC: jlm
Attachment
AUG -31-1992 15:15 FROM GRAY,HARRISBROBINSON TO 914075895570 P.09
1
2
3
4
5
6
7
8
9
10
it
12
13
14
15
16
17
1B
19
20
21
22
23
29
2c
requests for waiver shall be made with the
submittal of the initial app icat'on.
it This section shall apply to all
1992.
SECTION S. SEVERABILITY. If any provision of this
Ordinance or the application thereof to any person or
circumstance is held invalid, the invalidity shall not
affect other provisions or applications of this Ordinance
which can be given effect without the invalid provision o
application and to this end the provisions of this
Ordinance are declared severable.
SECTION 9. EFFECTIVE DATE. This Ordinance shall
take effect immediately upon passage and adoption, but the
requirements set forth in Section 4 through 7 hereof shall
be applied to all rate applications received on or after
September 6, 1992.
The foregoing Ordinance was moved for adoption by
Councilman The motion was seconded by
Councilman , and, upon being put into a
vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice Mayor Frank Oberbeck
CODING: Words underlined are additions; words in
g,,,ele type are deletions from existing law.
18
AUG -31-1992 15:12 FROM GRAY,HARRIS&ROBINSON TO 914075895570 P.04
11
21 eye� including without limitation t e it of
3 Sebastian.
4 SECTION 4. That the Code of Ordinances, City of
5lSebastian, Florida, is hereby amended by adding a section
6 to be numbered Section 27-7, which said section shall read
7 as follows:
8 Sec. 27-7. Applicability
19 Availability policy or charges
20 SECTION 5. That the Code of Ordinances, City of
21 Sebastian, Florida, is hereby amended by adding a section
22 to be numbered Section 27-8, which said section shall real
23 as follows:
24
25
CODING: Words un lined we additions; words in
skPud"hr� type are deletions from existing law.
8
9 Lal All utilities within the iurisdiction of the_
10
City of Sebastian must develop
a service
11
availability policy.
12
u The provisions of Sections 27-7
through ;?_7-9
13
shall apply to any utility that
on or after
14
September 6 1992 (1) files or
applies for a
15
change to any of its rates or charges or 121
when the Council of the City of
Sebastian
16
17
Florida. initiates a show cause
proceeding to
rnmliro the nt;l;+.. +- ..A--- --
18
19 Availability policy or charges
20 SECTION 5. That the Code of Ordinances, City of
21 Sebastian, Florida, is hereby amended by adding a section
22 to be numbered Section 27-8, which said section shall real
23 as follows:
24
25
CODING: Words un lined we additions; words in
skPud"hr� type are deletions from existing law.
8
RUG -31-1992 15:07 FROM GRRYIHRRRISBROBINSON
TO 914075895570 P.02
Orlando
August 31, 1992
VIAL FACSI
4071589-5570
Mr. Robb McClary
City Manager
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
RE. Amendments to Utility Ordinance
Dear Robb:
As I promised you last week, enclosed are proposed amendments
to Chapter 27 of the Code of Ordinances of City of Sebastian. I am
also enclosing a proposed notice which needs to be run in the
newspaper prior to September 6, 1992. This ordinance should be
noticed for hearings the same way as any other City ordinance.
If you have any questions regarding this matter, please don't
hesitate to call on me.
Sincerely yours,
C� IGLU/ C
Thomas A. Cloud, squire
GRAY, HARRIS & ROBINSON, P.A.
TAC: jlm
Enclosures
cc: Charles Ian Nash, City Attorney (via overnight mail)
Gerald C. Hartman
GRAY, IIABBI6 & ROBINSON
PROFESSIONAL ASSOCIATION
THOMAS C. SHAW
J. CHARLES GRAY
GORDON H. HARRISPAUL
ATTORNEYS AT LAW
J. MOKRIS
RICHARD M. RO BINSON
ALAN R. BUTTERWORTH
PHILLIP P. FINCH
PAUL 6. OUINN. JR-
gAMELA O- PRICE
DAVID L. 6CMICK
JAMES F. PAGE. JR.
JACK K. MFMULLEN
WILLIAM A. SOYLCS
jUIT6 1200 GLASS DANK BUILDING
ORLANDO L. EVORA
THOMAS A. CLOUD
201 EAST PINE STREET SOS NORTH ORLANDO AVENUE
9USAM D. TASSELL
'YqO 7. MAq jMALL•JR.
POST OFFICE BOX 3088 POST OFFICE BOX 320767
QUAKC
RICH ARO ETON
LORI R. BCN TON
J. MASON WILLIAMS.=
LEO P. ROCK. JR,
OHO. FL D$6os-9060 COCOA BnAE81 FL 52982-0t67
ANTHONY J- COTTER
TRACY A. BORUERT
G. ROBERTSON DILL
CHARLCS W. SCLL
JOHN O.SHOCMAKCR
JACK A. KIRSCHENBAUM
TELEPHONE (407) e43 -e SBO TCLCPHONE (4071 703-2218
LISA J. FRANK
JAMCS W. PCCPLCS.=FAz
(407) 2m.66R0 FAX (e07) 783-2297
MICMASL K. WILSON
MARK 6. WALKER
MRRCST S. FICLOS. JR.
LILA I. M<HENRT
WRITERS DIRECT DIAL
KENT L. HIPP
CATM6RIN6 B. RODRIGUEZ
MALCOLM R. KIRBCHCNBAUM
PLEASE REPLY TO:
OUT S. HAGGARD
O. COUNSCL
Orlando
August 31, 1992
VIAL FACSI
4071589-5570
Mr. Robb McClary
City Manager
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
RE. Amendments to Utility Ordinance
Dear Robb:
As I promised you last week, enclosed are proposed amendments
to Chapter 27 of the Code of Ordinances of City of Sebastian. I am
also enclosing a proposed notice which needs to be run in the
newspaper prior to September 6, 1992. This ordinance should be
noticed for hearings the same way as any other City ordinance.
If you have any questions regarding this matter, please don't
hesitate to call on me.
Sincerely yours,
C� IGLU/ C
Thomas A. Cloud, squire
GRAY, HARRIS & ROBINSON, P.A.
TAC: jlm
Enclosures
cc: Charles Ian Nash, City Attorney (via overnight mail)
Gerald C. Hartman
RUG -31-1992
15:06 FROM GRAYIHARRIS&ROHINSON TO 914075895570 P.01
Gxar. HA Izms $c ROBINSON
PROICSStONAL ASSOCIATION
TNGM.S C. SHAW
-AUL J. MOARI5
J. CM.alC9 Oa.T
GOROON H, H.aalE
L
ATTORNEYS AT AW
.LAN oaTM
JR'
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OICM.RO M. ROBINSON
1U1 IC
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JACK .- MC
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GLASS BAN. BUILOIMG
EVOR
L. EVOR
ANDO L.
ORLANDO
JAM E9 F,, P.[OC. JR.
SUITE 'ZOO
SUSAN D-TwSSCLL
WILLIAM A. 80TLES
201 CAST PINE STRCCT $OS NORTH ORLANDO AVENUE
IIICNARD E. BURRC
THOMAS A. CLOUD
GYRO r. n^QSMALL.JR.
POST O -FICC BOY 3060 POST O"ICC BOK 220757
LORI R.9CNTON
ANTHOMT J. COTTCR
1. MASON WILL1I1M fi. SII
LCD P, MOCK -JA �
OgyeXDO. FL 3QeoE-3068 COCOe HFiLCB. FL 'J6932 -07e7
TRACT A.00ROERT
B. ENOEMw.6R
G. aoscROoN DaG
LISA J• rRIAN.
IISA
CHARLES W. SCLL
A. FINSCMCNBAUM
T6LC PHONE IAOTI 8-3-BBBO TELEPMOME Iw071 783-CiIO
MICHAEL . WILSON
JACK
JLMC! W. M[£PLCS .S
'Al IAOT Eu -5690 rw. 1.07) 783-2297
ARK S. WALKER
LILA I.
FORREST S. 71£LD 6. JR.
H"NR7
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WRITER! DIRECT DIAL
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CW 5. M.GGARO
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FAX COVER SHEET
TO. ?r46 �%%��/J•� , ✓ FAX #: `f°�
FROM: V`/-�YIQS ft � — C/M #: 4/0i07^1
NUMBER OF PAGES P7 (inciuding cover sheet)
Please Note our new FAX # 407-244-5690
RE:
anv problems are encountered With this transmittal contact:
at x LRpf-/,
AMN A*+,
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
Mr. Robb McClary
City Manager
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
August 28, 1992
HAI #92-023.04
Subject: Utility Negotiations, Farmers Home Administration Grant Funding,
Financing and Transition Activities
Dear Mr. McClary:
This letter constitutes our proposal to the City of Sebastian to perform negotiations with
General Development Utilities, Inc. (GDU) outside of the scope of the 180.301 hearing
project. Moreover, we will provide financial analyses associated with developing a finance
plan and working with the City's staff in obtaining necessary capital, preparing rate and charge
studies, establishing a tariff, establishing policies and procedures, establishing rules and utility
standards, establishing policies and procedures forms and other associated activities with the
establishment of a City owned and operated water and wastewater utility. Moreover, Hartman
& Associates, Inc. (HAI) will provide additional services relative to the transitioning of the
facilities and operations to the City, as well as the other activities necessary to provide for full-
scale operations.
The overall scope and activities associated with the above work is dependent upon the extent of
the negotiations and the type of contract that can be negotiated between the parties. Therefore,
we can only propose that authorizations with an up -set limit be established for the activities as
they proceed. Our cost would be incurred on an hourly rate basis with an up -set limit. We
propose that the up -set limit for the above referenced activities be established at $50,000.00.
The up -set limit referenced above also includes whatever assistance we need to perform
regarding closing and due diligence associated therewith. We have provided the consideration
of hourly rates which are lower than our previous rates in accordance with our discussions.
The hourly rate schedule to be used for this contract is as shown in Exhibit "A".
We consider the above referenced activities as the cost of acquisition and would expect that
such costs would be reimbursable to the City using the debt instrument as chosen by the
finance team.
201 EAST PINE STREET • SUITE 1000 • ORLANDO, PL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
PRINCIPALS: JAMES E. CHRISTOPHER • CHARLES W. DRAKE • GERALD CA 1AIVI'MAN • MAIt61. LUKE -,MARK A. RYNNING • IIAROLD E. SCIIMIDT.IR.
rn
Mr. Robb McClary
August 28, 1992
Page 2
If the above is acceptable to you, please execute one (1) copy of this agreement and forward it
to our offices.
Very truly yours,
Gerald C. Hartman, P.
President
City of Sebastian
Date
GCH/ch
C15/McClary.gch
Attachment
EXHIBIT "A"
HARTMAN & ASSOCIATES, INC.
HOURLY RATE SCHEDULE
Gerald C. Hartman, P.E.
$90.00
Partners/Principals (P.E./ P.G./ P.L.S.)
$85.00
Division Manager/Head (Engineer VIII, P.E./C.P.A./M.B.A.)
$75.00
Engineer VII (P.E.)
$65.00
Engineer VI (P.E.)
$60.00
Engineer V
$55.00
Engineer IV
$50.00
Engineer III
$45.00
Engineer I/II
$40.00
Senior Scientist
$55.00
Project Manager
$55.00
Senior Inspector
$48.00
Inspector
$40.00
Senior Planner/Designer
$46.00
Hydrogeologist VIII (P.G.)
$75.00
Hydrogeologist VII (P.G.)
$65.00
Hydrogeologist VI (P.G.)
$60.00
Hydrogeologist V
$55.00
Hydrogeologist IV
$50.00
Hydrogeologist III
$45.00
Hydrogeologist I/11
$40.00
Engineering Technician IV
$45.00
Engineering Technician III
$40.00
Engineering Technician II
$35.00
Engineering Technician I
$30.00
Survey Crew Chief
$40.00
Survey Technician 111
$40.00
Survey Technician II
$35.00
Survey Technician I
$25.00
Graphics Manager
$45.00
Graphics Technician
$35.00
Senior Rate Analyst (M.B.A.)
$50.00
Senior Rate Analyst
$50.00
Rate Analyst
$40.00
Secretarial Support
$20.00
Reproduction/Courier Support
$15.00
Administrative Assistant
$35.00
Senior Word Processor
$30.00
Word Processor
$25.00
Party Chief
$35.00
Assistant Party Chief
$28.00
Rod -man
$20.00
GCH/at/ - 7/1/92
M-2/4HrlyRte.Sch
11411/11t3Y1Wf6
HARTMAN & ASSOCIATES, INC.
HOURLY RATE SCHEDULE
Gerald C. Hartman, P.E.
Partners/Principals (P.E./ P.G./ P.L.S
Division Manager/Head (Engineer
Engineer VII (P.E.)
Engineer VI (P.E.)
Engineer V
Engineer IV
Engineer IH
Engineer I/II
Senior Scientist
Project Manager
Senior Inspector
Inspector
Senior Planner/Designer
Hydrogeologist VIII (P.G.)
Hydrogeologist VII (P.G.)
Hydrogeologist VI (P.G.)
Hydrogeologist V
Hydrogeologist IV
Hydrogeologist III
Hydrogeologist I/II
Engineering Technician IV
Engineering Technician III
Engineering Technician If
Engineering Technician I
Survey Crew Chief
Survey Technician III
Survey Technician II
Survey Technician I
Graphics Manager
Graphics Technician
Senior Rate Analyst (M.B.A.)
Senior Rate Analyst
Rate Analyst
Secretarial Support
Reproduction/Courier Support
Administrative Assistant
Senior Word Processor
Word Processor
Party Chief
Assistant Party Chief
Rod -man
GCH/at/ - 7/1/92
M-2/4HrlyRte.Sch
VIE, P.E./C.P.A./M.B.A.)
$90.00
$85.00
$75.00
$65.00
$60.00
$55.00
$50.00
$45.00
$40.00
$55.00
$55.00
$48.00
$40.00
$46.00
$75.00
$65.00
$60.00
$55.00
$50.00
$45.00
$40.00
$45.00
$40.00
$35.00
$30.00
$40.00
$40.00
$35.00
$25.00
$45.00
$35.00
$50.00
$50.00
$40.00
$20.00
$15.00
$35.00
$30.00
$25.00
$35.00
$28.00
$20.00
General Development UbiLie's.11lC.
An Atlantic Gull Communities Corporation Subsidiary
2601 SOUTH BAVSHORE DRIVE
MIAMI, FL 33133-5461
(305)859-4331
Mr. Jerry Hartman
Hartman & Associates
201 E. Pine Street
Suite 1000
Orlando, Florida 32801
Re: Sebastian
Dear Mr. Hartman:
AMU
Charles E. Fancher, Jr.
PRESIDENT
September 9, 1992
Attached is the information regarding the draft Sebastian rate case documents
which contain information concerning operations financial and engineering details.
We will need to reschedule our meeting for the week of September 28, 1992,
since Larry Rutherford is out of the County for several weeks beginning that next
week.
Very truly yours,
4—
Charles E. Fancher, Jr.
CEF:gi
Attachment
cc: Rob McClary, City of Sebastian
City of Sebastian
W atm and Wntcwater Systems
Alternative I
Development of 5 -Year Pro[prm• of Utility E d R fl'si GrillP
t R
02:27 PM
29 -Sep -92
Line
No.
CY 1991
Adjustments
Adjusted
Escalation
Escalation
C.I.A. Y- =-A:-- D¢ <mbec 3l,
Escalation
Escal.don
Description _
(Actual) (1)
To CY 1991
CY 1991
Reference
CY 1992
Reference
CY 1993
Reference
CY 1994
Ref¢mce
CY 1995
Escalatso0
Rd¢cncc
CY 1996
Escalation
Reference
Operating Rcvmucs (2)
CY 1997
1
2
Water System
Wastewater System
$315,648
139,688
512,970(1)
$328,618
Input
8327,432
Input
$346,001
Input
$365,181
Input
5384,990
Input
$405,445
Input
$426,565
(7,791)(1)
$131,897
Input
145,794
Input
154,938
Input
164,389
Input
174,156
Input
184,248
Input
194,674
3
Total Operating Revenues
455,336
5,179
460,515
473,226
500,939
529,570
559,146
$89,693
OtherRevenues
621,239
4
Unbilled Revcnues
13,911
(13,911)
0
1
0
I
5
Mlsccllancous Service Revmucs
2,525
0
2,525
1
2,525
0
1
1
0
1
0
1
0
6
Mete, 1pstallation Fen (3)
0
5,000
5,000
1
1
2,525
1
2,525
1
2,525
1
2,525
1
2,525
7
Interest Income (4)
0
2,994
2,994
1
5,000
2,994
1
1
5,000
1
5,000
1
5,000
1
5,000
1
5,000
2,994
1
2,994
1
2,994
1
2,994
1
2,994
8
Total OtherRevenurs
16,436
(5,917)
10,519
10,519
10,519
10,519
10,519
9
Total Combined System Revenues
$471,772
(738)
$471,034
8483,745
8511,458
5540,089
$569,665
10,519
10,519
Operating Expenses (5)
$600,212
$631,758
10
11
Salaries
Pensions and Benefits
106,186
22,086
65,975(6)
172,061
3
179,804
3
187,895
3
196,350
3
205,186
3
214,419
3
224,068
12
Public Relations
72
29,532 Q)
51,618
3
53,941
3
$6,368
3
58,905
3
67,555
3
61,325
3
67,720
13
Fuel of Power Purchased - Wat¢u
Sysm
IS,374
0
0
72
15,374
3
12
75
3
79
3
82
J
86
3
90
7
94
11
Fuel o[Power Purchased-Saw¢System
25,050
(1,754)(20)
23,297
12
16,672
12
18,057
12
19,521
12
21,079
12
22,732
12
24,482
IS
Contractual Services- Legal
111
889 (8)
1,000
2
25,263
12
27,362
12
29,581
12
31,942
12
34,446
12
37,098
16
Contractual Services - Engineering
0
15,000(9)
IS,ODO
2
1,041
2
1,084
2
1,128
2
1,174
2
1,223
2
1,273
17
Treatment - Chemicals (water)
7,120
0
15,615
2
16,755
2
16,922
2
17,615
2
18,338
2
19,090
IB
Treatment- chemicals(Serrr)
2,812
(197)(20)
7,120
2,615
12
12
7,721
12
8,367
12
9,041
12
9,762
12
10,528
12
11,338
19
Treatment - Expenses
18,444
0
18,444
2
2,836
12
3,072
12
3,321
12
3,586
12
3,867
li
4,164
20
Uncollectible Accounts
5,357
(3,054)(10)
2,303
6
19,200
2,366
2
6
19,987
2
20,807
2
21,660
2
22,548
2
23,473
21
Customer Accounting Expense
5,968
0
51968
2
2,505
6
2,648
6
2,796
6
2,948
6
3,106
22
A and G - Expenses
7,888
0
7,888
1
6,213
2
6,467
2
6,733
2
7,009
2
7,2%
2
7,595
23
Management Fees
IS,484
(15,484)(11)
0
2
7,888
1
7,888
1
7,888
1
7,888
1
7,888
1
7,808
24
Property lnmranee
21,597
0
21,597
3
0
22,569
2
3
0
23,584
2
3
0
24,646
2
0
2
0
2
0
25
Regulatory Commission Expense
20,450
(20,450)(12)
0
2
0
J
25,755
3
26,914
3
28,125
26
Miscellancous General Expense
429
0
429
2
2
0
2
0
2
0
2
0
2
0
27
Transportation Expense
2,091
(146)(20)
1,945
7
447
2,003
2
7
465
2
484
2
504
2
$24
2
546
28
Compensated Abamcn
(2,502)
2,502 (13)
0
1
0
2,063
7
2,125
7
2,189
7
2,254
7
2,322
29
Maintenance0
Treatment Plant - Expense
24,182
(1,693)(20)
22,489
2
23431
1
2
0
1
0
1
1
0
1
0
30
Maintenance of Mein. - Esp...10
(3)(20)
17
2
,
17
24,371
2
25,370
2
26,411
2
27,493
2
28,621
31
Maintenance of Meten-Expense
2,708
0
2,708
2
2
IB
2
19
2
20
2
20
2
21
32
Maintenance of Hydrants - Expense
417
(29x20)
388
2
2,819
2
2,935
2
3,055
2
3,180
2
3,311
2
3,446
33
Maintenance - Sourceo[Suppy
215
(1S)(20)
200
3
404
2
420
2
437
2
4$$
2
474
2
494
34
Maintenance of Pump8.33.-Expense
1,650
(116)(20)
1,535
2
209
1,597
3
2
218
3
228
3
238
3
249
3
260
35
Administrative Allocation (14)
0
36,887
36,887
2
38,400
1,663
2
1,731
2
11802
2
1,876
2
1,953
2
39,974
2
41.613
2
43,319
2
45,095
2
46,944
36
Total Operating Expenses
303,207
107,746
410,953
430,510
451,093
472,635
495,211
518.859
543,621
City of Sel,wim
Water sad Waatcvatcr Sptem.
Alternative I
Dwelooment (5-Y . n..,r.. [ Util' P d Revenuesutilii. GDU P t R t
11:34 AM 29 -Sep -92
Line
No.
Derai0tioe
CY 1991
A4juumenu
Adjwted
Emelubn
Eeea-v.
Colander Year EndingDecember 3l
.,at
Ercalatbe
(Actual) (1)
To CY 1991
CY 1991
Rdarmee
CY 1992
Rdenenec
CY 1993
Reference
CY 1994
Reference
CY 1995
Ercalation
Reference
CY 19%
Eapiatbo
Reform"
37
PaymB Tecta
7,681
(7,681)(15)
0
3
CY 1997
38
Property Taxa
100,611
(100,611)(11)
0
3
0
�
0
3
0
3
0
3
0
39
`
Intone Taxa
30,117)
30.117(11)
0
3
0
3
0
p
3
0
3
0
3
40
Total Expen.a
0
3
0
3
0
3
0
3
0
3
00
381,382
29,571
410,953
430,510
451,093
472,635
41
Net Revenue
495,211
518,859
543,621
90,390
(30,309)
60,081
53,235
60,365
67,454
74,454
81,353
88,137
Other Revenue Requ'nemenu
42
Debt Service Paymmu(16)
0
0
Capital Outtey Funded From
0
Input
0
Input
0
Input
0
Input
0
;,Put
0
Input
0
43
Operating Reveoua(17)
0
5,000
5,000
7
Trowfer to Renenl and
5,150
7
5,305
7
5,464
7
5673
,
]
5,796
7
5,970
44
4$
Replacement Fund (18)
Trander to General Fund (29)
0
0
23,552
23,552
Input
24,187
Input
25,573
Input
27,004
Input
28,483
Input
50,306
50,306
2
52,769
2
54,516
2
56,751
p 2
30,011
Input
31,508
46
Total Older Revenue Requirement,
59,078
2
61,500
2
64,021
0
78ASS
78,9S8
81,706
85,393
89,219
93,188
97,307
101,579
47
Balm" Available for Older Purpme,
590,390
(5109,167)
(518,777)
(528,471)
($25.028)
(521.765)
(518734)
(1115.953)
(f13.412)
Foono[o.he- on page 3 and 4 of 4.
City of Sebetien
Wet.and W"u er Syteme
Alto i.1
Development of5 Year Proforma of Utility P. en Rewmuee UtIlizint ODU - Present Rd
Goa Eacalado, FIGIYc. Endin Se tomb. 30
No. E=Juion Faaare Reference CY 1992 CY 1993 CY 1 4 Cl 1995 CY 1996 CY 1997
I
Conaam Factor
1
1.0000
1.000D
1.0000
1.0000
1.0000
1.0000
2
General 1.11W.
2
1.0410
1.0410
1.0410
1.0410
1.0130
1.0410
3
laborE=Jetor
3
1.0450
1.0450
1.0450
1.0450
1.0450
1.0450
4
C" m. Growth Factor -Wa.
4
1.N57
1.0437
1.0419
1.0402
IAM
1.0372
( 5
Coaom. Grooth oflsicn Fe ce - Water
5
1.080
1.0847
1.0829
1.0812
1.0796
1.0782
6
Rate Remnue Factor -Combined
6
1.0276
1.0586
1.0572
1.0558
1.0546
1.0535
7
Capita E=dmion Factor
7
1.0300
1.0300
1.0300
1.0300
1.0300
1.0300
8
Cutom. Growth Factor - Sew.
8
1.8045
1.0432
1.0414
1.03%
1.038E
1.0348
9
Comer Growth/IaOaloo Fetter - Sewer
9
1.0861
1.0842
1.0821
1.0808
1.0792
1.0778
10
FlowGr.wh Eacduer-Water
10
1.0360
1.0348
1.0336
1.0325
1.0315
1.0305
11
Flow Growib Escalator - Sew.
11
1.0434
1.0421
1.0401
1.0388
1.0374
1.0360
12
ChemcalaVdliu. Eacdator
12
1.0844
1.0831
1.0811
1.07%
1.0781
1.0770
City of Sebastian
Water and Wastewater Systema
Alternative 1
Development of S—Year Proforma of Utility Expenses and Revenuca Utilizine GDU — Present Ratea
(1) Unless otherwise noted, amounts shown have been derived from data contained within the Company's
Application To Increase Rates filed with the City of Sebastian for the year ended December3l, 1991.
It should be noted that Operating Revenues and Expenses include adjustments as reflected in the Rate Filing.
(2) It should be noted that the revenues shown for years 1992 — 1997 have been based on the existing rate structure,
each respective system's customer growth and average use projections. For this analysis, it was assumed that the
water and wastewater systems would increase at an annual rate of 50 and 25 Equivalent Residential Units (ERUs)
respectively. In addition an annual rate indexing factor of 2.00% has been utilized beginning in 1993.
Annual Rate Index Factor: 2.00% (Effective Beginning CY 1993)
(3) Amount shown reflects assumed growth rate of fifty (50) units annually being charged existing meter installation fee of $100.00.
(4) Amounts shown based on earnings derived from estimated balances for funds to be established pursuant to public ownership
and the issuance of revenue bonds, including interest income earned from the Debt Service Reserve Fund.
(5) Amounts shown do not include taxes, depreciation, or amortization expenses.
(6) Adjustment shown reflects additional Utilitypersonnel estimated to be required by City for utility operations.
(7) Amount shown is an adjustment to reflect pensions and benefits expense at 35% of payroll expenses to consistent with
with current City policies.
(8) Amount shown reflects legal expenses associated with utility operations (i.e. ordinance preparation).
(9) Adjustment shown to reflect professional engineering services to cover i)the cost of an annual utility inspection and report, and
ii) funds to cover the cost of rate analyseststudies to meet the requirements of the Bond Resolution.
(10) Amount shown is an adjustment to reflect uncollectible accounts at an assumed rate of 0.5% of current year sales revenue.
(11) Adjustments shown reflect the removal of corporate salaries not needed under municipal ownwership.
(12) Adjustment made in order to recognize that the Utility would no longer be under FPSC jurisdiction once it is
owned by the City.
(13) Adjustment shown to reflect correction of credit in compensated balances assumed to be a one—time occurence due to forfeiture
of employee benefits.
(14) Adjustment shown reflects the Utility's pro rata share of the administrative costs accounted for in the City's General Fund
which are allocable to the Utility. Based on the analysis of administrative allocations forvarious other utilities, it has been
assumed that this would total approximately 8.01% of the Utility's operating revenues.
(15) Amount shown is the net adjustment necessary in order to be consistent with the staffing requirements of the utility assumed under
City ownership as discussed in footnote No. 11. It should be noted thfat the amounts shown also reflect the changes required in order
to be consistent with the average cost associated with the City's current employee benefits package.
(16) Amounts shown are the annual debt service payments assuming a levelized debt structure, total bond principal of $1,400,000,
a 30 year term, an annual average 6.5% interest rate, no capitalized interest funded from bond proceeds, and a fully funded
Debt Service Reserve Fund.
(17) Amounts shown assume that the capital outlay requirements which are to be funded from rate revenue for the purchase of vehicles,
furniture, equipment, and other similar items which are normally not funded from the Renewal and Replacement Fund. This is
based on information for other similar utility systems.
(18) Amounts shown are the annual transfers estimated to be required to be transferred to the Renewal and Replacement Fund in
order to ensure that adequate funds are available to satisfy the day—to—day capital replacement needs of the utility. For this
analysis, it was assumed that this transfer would be equal to approximately 5.00% of the current year's gross revenues.
(19) Adjustment to recognize the recovery of property taxes currently paid to the City from the utility in order for the City to remain
on a revenue—neutral basis.
(20) This adjustment excludes tax expense included in operating and maintenance eexpenses since the Citywould be exempt from
sales tax under City ownership. This includes for example, transportation expenses, office equipment, and other miscellaneous
supplies.
Line
No. Description
Operating Revrnuas (2)
1 Watersystem
2 Wastewater System
3 Total Operating Re cnua
Other Revenues
4 Unbilled Revenue
5 Miscellaneous Servicc Revenues
6 Meter Installation Fees (3)
7 Interest Income (4)
8 Total Other Rcveouea
9 Total Combined System Revenues
36 Total Operating Expenses
City of Sebastian
Water and Wastewater Systems
Alternative 2
Develoommt of 5 -Year Proforma of UOR B d
11:50AM 29 -Sep -92
Operating Expenses (5)
10
Salad.
11
Pensions and Benefit,
12
Public Relations
13
Fuel of Power purchased - Water System
14
Fuel of Power purchased - Sever System
15
Contractual Services - Legal
16
Contractual Serviw- Engineering
17
Treatment - Chemicals(Water)
18
Trcatment - Chemicals (Sever)
19
Treatment - Expenses
20
Uncollectible Accounts
21
Customer Accounting Expense
22
A and G - Expenses
'3
Management Fees
G4
property Inmrence
25
Regulatory Commission Expense
26
Miscellaneous General Expense
27
Transportation Expense
28
Compensated Absences
29
Maintenance Treatment Plant - Expense
30
Maintenance of mains -Expense
31
Maintenance of Metro - Expense
32
Maintenance of Hydrmla- Expense
33
Maintenance - Source of Supply
34
Maintenance of Pump7LS.-Expense
35
Administrative Allocation (14)
36 Total Operating Expenses
City of Sebastian
Water and Wastewater Systems
Alternative 2
Develoommt of 5 -Year Proforma of UOR B d
11:50AM 29 -Sep -92
106,186
65,87S(6)
172,061
3
179,804
3
Calender Year Encal December 3l
3
196,350
3
205,186
3
214,419
CY A) 1
(ActuaD (1)
Adjustments
To CY 1991
CY 1991
CY 1991
Exeence
Reference
CY 1992
Exalatlon
53,941
Escalation
56,368
Escalation
58,905
Exalatbn
6L555
Escalttbn
64,325
3
67,220
72
0
72
Reference
CY 1993
Rc(mmm.
CY 1991
Reference
CY 1995
Rderrnce
CY 1996
Reference
CY 1997
$315,648
$49,042
$364,690
Input
$378,025
Input
$394,992
Input
$412,486
Input
$430,522
Input
$449,115
Input
5468,279
139,688
81,484
$221,172
Input
230,809
Input
245,254
Input
260,184
Input
275,612
Input
291,554
Input
308,024
455,336
130026
585,862
889 (8)
608,834
2
640,246
2
672,670
2
706,134
2
740,669
2
776,303
13,911
(13,911)
0
1
0
1
0
1
0
1
0
1
17,615
2
18,338
2.58
0
2,525
1
2,525
1
2,525
1
2,525
1
2,525
1
0
2,525
1
1
0
2,525
0
0
5,000
5,000
1
5,000
I
5,000
1
5,000
1
5,000
1
5,000
1
5,000
12
6,870
6,870
1
6,870
1
6,870
1
6,870
1
6,870
1
6,870
1
6,870
16,436
(2,041)
14,395
0
14,395
2
14,395
2
14,395
6
2
14,395
6
2
14,395
6
14,395
$471,772
128,485
$600,257
0
5673,229
1
5654,641
1
$687,065
1
$720,529
1
$755,064
2
1
5790,698
106,186
65,87S(6)
172,061
3
179,804
3
187,895
3
196,350
3
205,186
3
214,419
I
224,068
24086
29.S32(7)
51,618
3
53,941
3
56,368
3
58,905
3
6L555
3
64,325
3
67,220
72
0
72
3
75
3
79
3
82
3
86
3
90
3
94
15,374
25,050
0
15,374
12
16,672
12
18,057
12
19,521
12
21,079
12
22,732
12
24,482
(1,754)(20)
23,297
12
25,263
12
27,362
12
29,581
12
31,942
12
34,446
12
37,098
111
889 (8)
11000
2
1,041
2
1,064
2
1.128
2
1,174
2
1,223
2
1,273
0
15,000 (9)
15,000
2
15,615
2
16,85
2
16,922
2
17,615
2
18,338
2
19,090
7,120
2,812
0
7,120
12
7,721
12
8,363
12
9,041
12
9,762
12
10,528
12
11,338
18,444
(197)(20)
0
2,615
12
2,836
12
3,072
12
3,321
12
3,566
12
3,867
12
4,164
5,351
(2,428)(10)
18,444.
2,929
2
6
19,200
3,044
2
6
19,987
2
20,807
2
21,660
2
22,548
2
23,473
5,968
0
5,968
2
6,213
2
3,201
6,467
6
2
3,363
6,733
6
2
3,531
7,009
6
3,703
6
3,882
7,886
0
7,888
1
7,888
1
7,888
1
7,888
1
7,680
2
1
7,296
7,880
2
1
7.595
7,888
15,484
(15,41PIXII)
0
2
0
2
0
2
0
2
0
2
0
21,597
0
21,597
3
22,569
3
23,584
3
24,646
3
25,755
3
26,914
2
3
0
28,125
20,450
(20,450x12)
0
2
0
2
0
2
0
2
0
2
0
419
0
429
2
447
2
465
2
494
2
504
2
524
2
2
0
546
21091
(146x20)
1,945
7
2,003
7
2,063
7
2,18
7
2,189
7
2,254
7
2,322
(2,502)
2,502 (13)
0
1
0
1
0
1
0
1
0
1
0
1
24,182
(1,693)(20)
22,489
2
23,411
2
24,371
2
25,310
2
26,411
2
27,493
2
0
28,621
18
(1)(20)
17
2
17
2
18
2
19
2
20
2
20
2
21
2,708
417
0
2,708
2
2,819
2
2,935
2
3,055
2
3,180
2
3,311
2
3,446
(29)(20)
388
2
404
2
420
2
437
2
45$
2
474
2
494
215
(15x20)
200
3
209
3
218
3
228
3
238
3
249
3
260
1,650
(116x20)
1,535
2
1,597
2
1,663
2
1,731
2
1,802
2
1,876
2
1,953
0
46,928
46,928
2
48,8.52
2
50,854
2
52,940
2
55,110
2
57,370
2
59,722
303,207
114413
421,620
441,640
462,670
484,677
507,737
531,888
557,174
City of Sebuti an
Water and Wastewater Systema
Alternative 2
Development of 5 -Year Proforma of Utility Eaoemes and Revenues Ui 1'i or Indian County Rates
11:50 AM 29 -Sep -92
Footnotea Shown on pages 3 and 4 o14.
Calender Year Endinr December 31
Line
CY 1991
Adjustmmts
Adjusted
Eacaietion
Ercaletan
Escalation
Escalation
Escalation
Escalation
No.
Deuription
(Actual) (1)
To CY 1991
CY 1991
Refer...
CY 1992
Reference
CY 1993
Rdereoce
CY 1994
Refaeoce
CY 1995
Reference
CY1996
Refer.ce
CY 1997
37
Payroll Ter.
7,681
(7,681x15)
0
3
0
3
0
3
0
3
0
3
0
3
38
Property T..
100,611
(100,611x11)
0
3
0
3
0
3
0
3
0
3
0
3
p
39
Income Taus
19,001
(19,001x11)
0
3
0
3
0
3
0
3
0
3
0
3
0
f
■ 40
Total Expenses
430,500
0
\\\
(8,880)
421,620
441,640
464670
484,677
507,737
531,888
557,174
41
Net Revenue
41,272
178,637
181,589
191,971
202,388
211,792
223,176
233,524
Other Revenue Requirements
42
Debt Service payments (16)
0
81,146
81,146
Input
81,146
Input
81.146
Input
81,146
Input
81,146
input
81,146
Input
81,146
Capital Outlay Funded From
43
Operating Revenues (17)
0
5,000
5,000
7
5,150
7
5,305
7
5,464
7
5,628
7
5,796
7
5,970
Transfer to Renewal and
44
Replacement Fund (18)
0
30,013
30,013
Input
31,161
Input
32,732
Input
34,353
Input
36,026
Input
37,753
Input
39,535
45
Transfer to General Fund (19)
0
50,306
50,306
2
52,369
2
54,516
2
56,751
2
59,078
2
61,500
2
64,021
46
Total Other Revenue Requirements
0
166,465
166,465
169,826
173,698
177,714
181,878
186,195
jK67F
47
Balance Available for Other Purposes
541,272
(5766.465)
SIiI72
$11.763
$16.273
$24.675
530,915
536.981
f42852
Footnotea Shown on pages 3 and 4 o14.
City o(ScbaNav
Wate and Waacwatc Syacmc
'
Aitervaiwe2
11:55 AM
29 -Sep -92
12lom eM or5-Y Frf
o(Ut 11 ity Fg MR Ut illain, India. RI Coo"
Eta
Llnc
' No.
Fxalazion Factor
Ficalaziov
Re(cexe
Ficel Year Fsdine Se9temba 30
CY 1992
CY 1993
CY 1991 CY 1995
CY 1996
CY 7997
1
Con Factor
1
1.0000
LOOOD
1.0000
1.0000
1.0000
1.0000
2
General ln0aion
2
1.0410
1.0410
1.0410
1.0410
1.0410
1.0410
3
Labor]Rc taor
3
1.0450
1.0450
1.0450
1.0450
1.0450
1.0450
4
Cuaomc Growtb Factor -Wazc
4
1.0457
1.0437
1.0419
1.0402
1.0386
1.0372
1 5
Cuaomer Growth/InOaion Faacr-Wazc
5
1.0867
1.0847
1.0829
1.0812
1.0796
1.0782
6
Mc Rcwenue Factor -Combined
6
1.0392
1.0516
1.0506
1.0497
1.0489
1.0481
7
Capiml Elation Factor
7
1.0300
1.0300
1.0300
1.0300
1.0300
1.0300
8
Cuaomc Growth Factor - Sews
8
1.8045
LM32
L0414
1.0396
1.0382
1.0368
9
Cuaomc Growth/InOaion Fa to - Sewer
9
1.0861
1.0842
1.0874
1.0808
1.0792
1.0778
10
Flow Growth Fxalator -Wazc
10
1.0360
1.0348
1.0336
1.0325
1.0315
1.0305
11
Flow Growth Fxalazc-Sewer
11
1.0434
1.0421
1.0401
1.0388
1.0374
1.0360
12
Cbcm ca b/Uilitia Fecalaoe
12
1.0844
1.0931
1.0811
1.0718
1.0784
1.077D
City of Sebastian
Water and Wastewater Systems
Alternative 2
Development of 5—Year Proforma of Utility Excenses and Revenues Utilizing Indian River County Rates
(1) Unless otherwise noted, amounts shown have been derived from data contained within the Company's
Application To Increase Rates filed with the City of Sebastian for the year ended December 31, 1991.
It should be noted that Operating Expenses include adjustments as reflected in the Rate Filing.
(2) It should be noted that the revenues shown for years 1992 — 1997 have been based on the existing rate structure,
each respective system's customer growth and average use projections. For this analysis, it was assumed that the
water and wastewater systems would increase at an annual rate of 50 and 25 Equivalent Residential Units (ERUs)
respectively. In addition an annual rate indexing factor of 200% has been utilized beginning in 1993.
Annual Rate Index Factor: 200% (Effective Beginning CY 1993)
(3) Amount shown reflects assumed growth rate of fifty (50) units annually being charged existing meter installation fee of $100.00.
(4) Amounts shown based on earnings derived from estimated balances for funds to be established pursuant to public ownership
and the issuance of revenue bonds, including interest income earned from the Debt Service Reserve Fund.
(5) Amounts shown do not include taxes, depreciation, or amortization expenses.
(6) Amount shown is an adjustment to reflect pensions and benefits expense at 35% of payroll expenses to consistent with
with current City policies.
(7) Amount shown reflects legal expenses associated with utility operations (i.e. ordinance preparation).
(8) Adjustment shown to reflect professional engineering services to cover i)the cost of an annual utility inspection and report, and
ii) funds to cover the cost of rate analyseystudies to meet the requirements of the Bond Resolution.
(9) Amount shown is an adjustment to reflect uncollectible accounts at an assumed rate of 0.5% of current year sales revenue.
(10) Adjustments shown reflect the removal of corporate salaries not needed under municipal ownwership.
(11) Adjustment made in order to recognize that the Utility would no longer be under FPSC jurisdiction once it is
owned by the City.
(12) Adjustment shown to reflect correction of credit in compensated balances assumed to be a one—time occurence due to forfeiture
of employee benefits.
(13) Adjustment shown reflects the Utility's pro rata share of the administrative costs accounted for in the City's General Fund
which are allocable to the Utility. Based on the analysis of administrative allocations for various other utilities, it has been
assumed that this would total approximately 8.01% of the Utility's operating revenues
(14) Amount shown is the net adjustment necessary in order to be consistent with the staffing requirements of the utility assumed under
City ownership as discussed in footnote No. 9. It should be noted thfat the amounts shown also reflect the changes required in order
to be consistent with the average cost associated with the City's current employee benefits package.
(15) Amounts shown are the annual debt service payments assuming a levelized debt structure, total bond principal of $2,700,000,
a 30 year term, an annual average 6.5% interest rate, no capitalized interest funded from bond proceeds, and a fully funded
Debt Service Reserve Fund
(16) Amounts shown assume that the capital outlay requirements which are to be funded from rate revenue for the purchase of vehicles,
furniture, equipment, and other similar items which are normally not funded from the Renewal and Replacement Fund. This is
based on information for other similar utility systems
(17) Amounts shown are the annual transfers estimated to be required to be transferred to the Renewal and Replacement Fund in
order to ensure that adequate funds are available to satisfy the day—to—day capital replacement needs of the utility. For this
analysis, it was assumed that this transfer would be equal to approximately 5.00% of the current year's gross revenues
(18) Adjustment to recognize the recovery of property taxes currently paid to the City from the utility in order for the City to remain
on a revenue—neutral basis
i
.
21111 11
0
— �vr z
s // // f
W, 501
/I
s / 2
/9Z��� /Lx�(7/Lyo�.Jiyxo
cl
7
84/0 le,
16" QGf iV
/7" 7(0/ - - --
/990 /,//Z 68 t /
S�
aO300
I!
r
/99D ss/ /� l
//iiOwn irn � G�
AVN ^41
HARTSiAN & ASSOCIATES, INC.
engineers, hydrogeologists, surveyors & management consultants
MEMORANDUM HAI #92-023.01
CI
TO: Clary--=--ftMike HudkinsHal Schmidt Rob Ori FROM: Gerry Hartman A 4 /�
DATE: October 2, 1992
SU71UECT: Sebastian Scneduie
Depending upon the October 2, 1992 telephone call and resolution of the Sebastian issues, we
believe that the Sebastian transaction would be closed on the following schedule:
1. November 23, 1992 preclosing.
2. December 9, 1992 closing.
We are working out the various aspects for this transaction and we will have a conference call
on October 2, 1992, regarding the same.
End of memorandum.
GCH/ch
C15/Sebas.mem
201 EAST PINE STREET • SUITE 1000 • ORLANDO, FL 32801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
PRINCIPALS: JAMES E. CHRISTOPHER -CHARLES W. DRAKE • GERALD C. HARTMAN • MARK L LUKE -MARK A. RYNNING • HAROLD E. SCHMIDT, JR.
HART AN & ASSOCIATES, I.. C.
engineers, hydrogeologists, surveyors & management consultants
October 5, 1992
Mr. Charles E. Fancher, Jr.
General Development Utilities, Inc.
2601 South Bayshore Drive
Miami, Florida 33133-5461
Subject: Sebastian October 2, 1992 Telephone Conversation
Dear Mr. Fancher:
HAI #92-023.04
y y i S 9 7077
'al Q
CM t
Otfim
Based upon my notes of our telephone conversation of October 2, 1992, relative to the
Sebastian system, you stated that the rate base or total investment situation which General
Development Utilities, Inc. (GDU) had in the system approaches $4 million, plus or minus.
I stated that the highest cash offer the City ever made to GDU was $2.1 million, and that offer
was not accomplished with the insights and investigation which have been done to date. To
my knowledge, no higher offer has ever been made to GDU for the Sebastian system.
Moreover, that offer did not include any futures, simply a cash situation. Finally, that offer is
no longer valid.
Based upon the situation which we find ourselves in, the following limits to forming a
purchase and sale contract without grant or federal funding involves the following:
1. The City will not institute rates greater than the Indian River County rates for water
and sewer.
2. The City will not assess a readiness to serve charge, guaranteed revenue charge, or
other similar charge for vacant lots which have not applied for capacity or which have
not paid for capacity in the system.
3. The City will consider mandatory connection of occupied homes within 300 feet of a
central water main or central wastewater collection system.
4. The City will consider, and will actively pursue and make its best efforts to expand the
customer base. Of course, we cannot manufacture residents or manufacture people in
the area, and therefore, we are limited to those who actually build homes in the area
and are within a cost-effective distance to our utility, or of a sufficient density which
201 EAST PINE STREET • SUITE IOOO • ORLANDO, FL 12801
TELEPHONE (407) 839-3955 • FAX (407) 839-3790
PRINCIPALS: IAMES I.. CI I RISTOPHER • CHARLES W' DRAKE • GERALD C IIAR'I'AIAN • NIARK I. I.I'KF. • VARA A R1'.VN'ING -I [A ROE 1 11 IMIDI'. IR
Mr. Charles E. Fancher, Jr.
October 5, 1992
Page 2
would make economic sense to bring those customers into the central sewer system or
water system.
5. The City will actively pursue the expansion of the water system
6. The impact fee/connection fee level for water and sewer combined is approximately
$2,500.00 for the GDU system.
You indicated to me that you had not discussed this situation with Mr. Rutherford, even
though on the September 30, 1992, you stated that this would be discussed and a decision
made by October 2, 1992.
No counter proposal was provided by you, other than to say that our proposal was not good
enough. You stated that your staff had calculated present value of our proposal less than $1
million. I stated to you that could not be the case and that the present value had to be at least
$2 million, given that the numbers provided by GDU to us were correct for the number of
available customers along lines. We found out during the conversation that the number
provided by GDU to us was the number of lots and not the number of potential customers, and
that the number of customers was only in the order of 100 near existing lines and the
remaining 900 or so were vacant lots. You requested some additional information which
would clarify the proposal to you regarding the present value of the proposal. That will be
forthcoming as a separate letter.
You reiterated that $650,000.00 in cash was inadequate and that the proposal we made was not
adequate for GDU, in that GDU wished more money in up -front cash. I responded to you that
we had structured this proposal to maintain the highest total dollars transmitted to GDU. We
were given that instruction in our previous meeting. Now, it appears that we are getting a
conflicting desire from you relative to the highest cash up -front situation.
Given that situation, I responded that the highest up -front cash that we would consider at this
time, after some discussion with you, would be $1 million, yet, the futures would be
significantly reduced. Subject to the City's review and approval, the higher cash at closing
alternative which we commented on would be $1 million cash at closing, and $250,000.00 at
100% of the present connection fees. Once that value is reached, then the next $1 million at
60% of the connection fees; and once that number is reached, $750,000.00 for the futures in
the Highlands plat at 20% of the present connection fee. This would provide a total purchase
price of $3 million over and above the first $1 million; all of the values are based upon future
connection fee revenues.
We are not in the habit of negotiating with ourselves and find it a little bit disheartening that
you did not provide a counter proposal on October 2, 1992, which you had promised to us.
We would appreciate receiving a counter proposal from your side at the earliest juncture.
Mr. Charles E. Fancher, Jr.
October 5, 1992
Page 3
Of course, the parameters which you must consider are the parameters delineated above. If we
are in a situation that a reasonable transaction cannot be consummated and you are not willing
to provide a counter offer, then we would appreciate your stating your position to us, such that
the City does not waste its time and money on this issue. We would expect a counter offer
from you as a memorandum or one-page summary in writing on or before October 7, 1992.
All other aspects of the proposal that we provided to you would be maintained with the second
set of comments delineated above.
Very truly yours,
Hartman & Associates, Inc.
Gerald C. Hartman, P.E.
President
GCH/ch
C15/Fancher5.gch
cc: -Rob McClary, City of Sebastian
Tom Cloud, Esquire, GHR
Hal Schmidt, HAI
Larry Rutherford, GDU - Miami
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
October 8, 1992
via Pax
Thomas A. Cloud, Esq.
Gray, Harris, & Robinson, P.A
201 East Pine Street
P.O. Box 3068
Orlando, FL 32802
Re: GDU Negotiations
Dear Tom:
Thank you for your proposal outlining an estimate of fees for
legal work for the acquisition of the General Development
Utilities System in Sebastian. I have placed your letter on the
Regular City Council Agenda of October 14, 1992 for City Council
approval. However, the estimated legal expense of of $75,000 to
$100,000 appears high and is more than the combined legal
expenses to date for the "unbuckling" agreements with the County,
the initial feasibility study, and the other work you have done
for us. Therefore, will you please provide the details and basis
you used to develop this estimate? I believe the City Council
will need this information prior to its meeting of October 14,
1992 in order to make a well informed decision. Consequently, I
ask .you to fax your response to me at your earliest convenience
so that I may forward the information to the City Council.
Thank you in advance for your consideration and response to this
request.
Sincerely,
Robert S. McClary
City Manager
RSM/jmt
cc: Lonnie R. Powell, Mayor & Sebastian City Council
I IAIITMAN & /1S,` O CIA' FS1 INC.
engineers, hydrogeologists, surveyors & management consultants
Mr. Robert S. McClary
City Manager
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978-0127
October 14, 1992 HAI #92-023.00
QC11992 � �,
('dry rylanaget s
OV11ce
Subject: Chapter 180.301 Hearing, Briefing Document and Ordinance Assistance
Invoice No. 6
Period: September 10, 1992 through October 7, 1992
Dear Mr. McClary:
This Invoice is for Professional Services related to the above project.
A. TECHNICAL SERVICES
B. OTHER DIRECT COSTS $0.00
^.8:bi'�P<N:CSS%:q`:iiC•n:.r::p:«�:+n:<n::�<:.�:.,:.;<o.<::.a..«:.<::.,..;
AMquNr uu� tyls rlv�t�►c� .°,�r; .
..... •No o�<+ke +%a �%E',¢�,opo� L>o Sa'N;+y::�E � � i a n {�y yy
CONT ioa:', RECAP
Up -Set Limit
Amount Previously Billed
Current Billing
Total Billed To Date
Amount Remaining
$10,779.71
$1,185.00
$19,400.00
$11,964.71
$7,435.29
�7 p��s—�.
(/ 1
201 EAST PINE. S'rRF.E'r • SUI'IE 1000 • ORLANDO, FI. 32801
TELEPHONE (407) 839-3955 • FAX ( 407) 839-3790
PRINCIPALS: LWIES E. CFIR IS'I'OPIIFR • CII A RISS IX', DRAKE • GERALD C. IIAR'ITIAN • MARK I. I.F'KF. , MARK A. R)'NNING • IIAROI.1) F. S(.I Ii%I I D'I'. IR.
No. Hours
Hourly Rate
TOTAL
Principal (Hartman)
4.0
$90.00
$360.00
Principal (Schmidt)
5.0
$85.00
$425.00
Engineer V (Revoir)
2.0
$55.00
$110.00
Engineering Technician IV (Main)
6.0
$45.00
$270.00
Word Processor (Terrera)
0.5
$25.00
$12.50
Reproduction/Courier Support (Simon)
0.5
$15.00
$7.50
Subtotal
$1,185.00
B. OTHER DIRECT COSTS $0.00
^.8:bi'�P<N:CSS%:q`:iiC•n:.r::p:«�:+n:<n::�<:.�:.,:.;<o.<::.a..«:.<::.,..;
AMquNr uu� tyls rlv�t�►c� .°,�r; .
..... •No o�<+ke +%a �%E',¢�,opo� L>o Sa'N;+y::�E � � i a n {�y yy
CONT ioa:', RECAP
Up -Set Limit
Amount Previously Billed
Current Billing
Total Billed To Date
Amount Remaining
$10,779.71
$1,185.00
$19,400.00
$11,964.71
$7,435.29
�7 p��s—�.
(/ 1
201 EAST PINE. S'rRF.E'r • SUI'IE 1000 • ORLANDO, FI. 32801
TELEPHONE (407) 839-3955 • FAX ( 407) 839-3790
PRINCIPALS: LWIES E. CFIR IS'I'OPIIFR • CII A RISS IX', DRAKE • GERALD C. IIAR'ITIAN • MARK I. I.F'KF. , MARK A. R)'NNING • IIAROI.1) F. S(.I Ii%I I D'I'. IR.
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
Confidential
M E M O
DATE: October 9, 1992
TO: Lonnie Powell, Mayor & Sebastian City Council
FROM: Robert S. McClary (/ ,
RE: GDU Acquisition
Enclosed is a letter from Hartman & Associates to General
Development Utilities outlining the current status of the GDU
Negotiations. This document is considered confidential under the
Public Records Act which authorizes an exemption for the purchase
of real estate. This becomes a public document once an option is
exercised or negotiations are abandoned.
I believe the letter provides an accurate assessment of the
City's position with one exception. The exception would be in
paragraph 3 considering mandatory connection of occupied homes.
The City Council dialogue on mandatory connections to date has
been to consider mandatory connections for new construction but
not to require existing homes to connect unless there is an
environmental or health problem.
Should you need additional information or wish to discuss the
status of negotiations or details of the offer please feel free
to contact Gerry Hartman, Tom Cloud or myself.
Gerald C. Hartman - 1-800-881-3955
Tom Cloud - 1-407-244-5624
/sg
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
October 19, 1992
Thomas A. Cloud, Esq.
Gray, Harris, Robinson, Kirschenbaum & Peeples
Attorneys At Law
P. O. Box 3068
Orlando, FLorida 32802
Re: Engagement for GDU Acquisition
Dear Tom:
This is to advise you that the Sebastian City Council, at its
Regular Meeting of October 14, 1992, approved your engagement for
professional and legal services for the acquisition of the GDU
water and wastewater system. However, the City Council limited
the authorization to this phase to $50,000.
The limitation and fees was based, in part, by the fact that
certain portions of the scope of services outlined in your
October 9, 1992 letter, could be done by the City Attorney or
others at a more cost effective rate to the City. Specifically,
we believe that your services will be directed to items 1 and 5
of your letter for negotiations, preparation and consummation of
the purchase and sale agreement and preparation of all necessary
regulatory ordinances including rate ordinance, extension and
sale policy ordinance, wastewater pretreatment ordinance and
standard agreements. The City Attorney, or others, would be
responsible for items 2, 3 and 4: issuer's counsel work for any
bond issue, real estate closing work, and title insurance.
We realize that it is difficult to accurately estimate the time
involved in negotiations and bringing an agreement to
consummation. While we wish to minimize legal and other expenses,
we ask that you notify us if it appears your fees will approach
or exceed the $50,000 budget.
Thomas A. Cloud, Esq.
October 19, 1992
Page #2
We look forward to working with you on this phase of the City's
project to provide water and wastewater services to our
community. Should you have questions or concerns, will you
please call?
Sincerely,
Robert S. McClary
City Manager
RSM/jmt
cc: Lonnie R. Powell, Mayor & Sebastian City Council
Michael L. Hudkins, Finance Director
Charles I. Nash, Esq.
DLT -06-1992 16:10 FROM 5iQY1HARRIS&ROBINSON TO 914075895570 P.02
GRAY, RA -R sxs & Romxsox
Orlando
October 6, 1992
VIA FACSIXILE
407 589-5570
Robb McClary
City Manager
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
RE: Estimated Budget for Negotiation and Consummation of
Purchase and Sale of GDU Water and Sewer System in
Sebastian
Dear Robb:
As we discussed previously, I estimate it will take somewhere
between $75,000 and $100,000 in legal fees in order to complete
negotiations, final preparation of a Purchase and Sale Agreement,
consummation of the transaction, and a closing of the sale of the
GDU water and sewer system (assuming there is no litigation). This
budget amount also includes title insurance for the system if the
City has to incur such costs. It also includes the preparation of
the necessary ordinances and rules for the utility system, which
are of course prepared in conjunction with the rate study.
If you need any further information regarding this matter,
please don't hesitate to call on me.
Sincerely
PROCESSIONAL ASSOCIATION
THOMAS C. SHAW
J. CHARLES GRAY
Thomas A.
PAUL J. MOKRIS
CORDON H. HARRIS
ATTORNEYS AT LAW
ALAN R. BUTTEOWORTH
..CH.RO M' ROBINSON
PAUL S• CUINN. JR.
PMILLIP R. FINCM
DAVID L. SCHICK
PAMCLA O. PRICE
JACK K. MCMULL6N
JAMES F. MOC.JR•
SURE 1200 GLASS BANK OUILDING
ORLANDO L. 6YORA
WILLIAM A. BOYLCSSUSAN
THOMAS A. CLOUD
201 EAST PING STRCCT 505 NORTH ORLANDO wNENU6
D. TASSCLL
RICMARD C•BURKE
GYRO P. MARSHALL.JR.
POST OFFICE BOX SOBS MST OFFICE SOX 320757
LORI R. 99NTON
J. MASON WILLIAMS. ER
ANTHONY J. COTTER
LEO P. ROCK. JR.
OSLANaO. FL 88802-3082 COCOA B$AC.R.FL 82982-0761
TRACT A. BOROCRT
G. ROOCRTSON OILG
JOHN B. SHOEMAKCR
CHARLES W. SCLLLISA
JACK A. KIRBCH6NBAUM
TELCOMONC (407) 943-6080 TELpHONE (OOT 70]4 CI8
J. FRANK
MICMAC, K. WILSON
JAMES W. PCMPLCl.M
FAX (407) ]44.8690 FAX (AOT/ 783-2297
MARK S. WALKCR
FORREST S. FIELDS. JR.
LILA 1. M.HCNRY
WRITCO' S OIREOT DIAL
KCHT L. HIPP
CATHERINE S. ROORIGUC2
MALCOLM R. KIRECMENBAUM
OUY S. HAGGARD
PL6A66 RCOLY i0]
OF COUN3CL
Orlando
October 6, 1992
VIA FACSIXILE
407 589-5570
Robb McClary
City Manager
City of Sebastian
P.O. Box 780127
Sebastian, Florida 32978
RE: Estimated Budget for Negotiation and Consummation of
Purchase and Sale of GDU Water and Sewer System in
Sebastian
Dear Robb:
As we discussed previously, I estimate it will take somewhere
between $75,000 and $100,000 in legal fees in order to complete
negotiations, final preparation of a Purchase and Sale Agreement,
consummation of the transaction, and a closing of the sale of the
GDU water and sewer system (assuming there is no litigation). This
budget amount also includes title insurance for the system if the
City has to incur such costs. It also includes the preparation of
the necessary ordinances and rules for the utility system, which
are of course prepared in conjunction with the rate study.
If you need any further information regarding this matter,
please don't hesitate to call on me.
Sincerely
your
Thomas A.
Clou
GRAY, HARRIS,
RIRSCHENBAUM 5
TAC: jlm
P.A.
9,2.,27�
TOTAL P.02
.-,
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 ❑ FAX (407) 589-5570
October 8, 1992
Via Fax
Thomas A. Cloud, Esq.
Gray, Harris, & Robinson, P.A
201 East Pine Street
P.O. Box 3068
Orlando, FL 32802
Re: GDU Negotiations
Dear Tom:
Thank you for your proposal outlining an estimate of fees for
legal work for the acquisition of the General Development
Utilities System in Sebastian. I have placed your letter on the
Regular City Council Agenda of October 14, 1992 for City Council
approval. However, the estimated legal expense of of $75,000 to
$100,000 appears high and is more than the combined legal
expenses to date for the "unbuckling" agreements with the County,
the initial feasibility study, and the other work you have done
for us. Therefore, will you please provide the details and basis
you used to develop this estimate? I believe the City Council
will need this information prior to its meeting of October 14,
1992 in order to make a well informed decision. Consequently, I
ask ,you to fax your response to me at your earliest convenience
so that I may forward the information to the City Council.
Thank you in advance for your consideration and response to this
request.
sincerely,
Robert S. McClary
City Manager
RSM/jmt
cc: Lonnie R. Powell, Mayor & Sebastian City Council
OCT -09-1992 12:03 FROM GRRY,HRRRISBROBINSON TO 914075895570 P.02
J. CHARLES GRAY
CORDONM. HARRIS
RICHARD M. ROBINSON
PHILLIP 4. FINCH
PAMELA O. PRICC
JAMES P. PAOC, JR.
WILLIAM A. BCOVLES
TMOMAS A. LOVO
BYRD F. MARSHALL. JR.
J. NA30N WILLIAMS, EL
LEO M ROCK.JR.
G. R08CRTSON OILG
CHARLES W.SCLL
JACK A. KIRSCMCNBAUM
JAMES W. PEEPLCG=
FORREST S. FIELDS, JR.
GaAx, HaaBls,
R BINsox,
KIRSCHENBAUM
& PEEPLES
ATTORNEYS AT LAW
GLASS BANK BUILDING
SUITE I=O,O
906 NORTH ORLANDO AVCHUO
-[OI "BY PINE STREET
POST OFFICE BOK 350737
POST OFFICE BOX 3068
COCOA Baeca, FL 38932-0767
ORLA 110, FL 32809-3068
TELEPNONC FLO7! 783 -GEIS
TELEPHONE (4OY) 6A3.8880
FAX (407) 7033-2297
FAX (.071 2.+-6680
WRITER'S DIRECT DIAL
PLEASE RCPLY TO.
Orlando
October 9, 1992
Robb McClary
City Manager
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
RS: =U Water and Sewer System Acquisition
Dear Robb:
TNOMA3 C. SHAW
MUL J. MORRIS
ALAN R. BUTTCRWORTH
PAUL S. QUI N N. JR.
DAVID 4.3CHICK
JACK K. MCM V LLC.
ORLANDO L. EVORA
SUSAN O.TASSCLL
RICMARO E. BURKE
LORI R. BCNTON
ANTHONY J. COTTER
TRACT A. RORCCRT
JOHN 6. SHOEMAKER
LISA J. FRANK
MICHAEL K. WILSON
MARK S. WALKER
LILA 1. MPMCMRY
RENT L. NIPP
CATHERINE B. RODRIGUEZ
MALCOLM R. KIRSCMCNBAUM
GUY S. HAGGARD
OF COUNSEL
VIA FACSIMILE
407/589-557_0
I am responding to your letter dated October 8, 1992,
regarding our proposal. There are five major tasks which are
included in that proposal as follows:
1. Negotiation, preparation and consummation of purchase and
sale agreement;
`2. Issuer's counsel work for any bond issue;
3. Real estate closing work, including preparation of all
necessary documents to consummate the transaction;
4. Issuance of title insurance policy plus title research
work; and
S. Preparation of all necessary regulatory ordinances
including rate ordinance, extension and sale policy
ordinance, wastewater pretreatment ordinance and standard
agreements.
I can tell you from experience that it is impossible to accurately
estimate the amount of time that will be involved in bringing this
deal to fruition. While Gerry and I both believe that GDU wants to
negotiate, completion of the purchase and sale agreements for water
and sewer systems historically show a number of periods where the
9-C)?y
ul.l-YJJ-IJ7G LG•U'..J rmull urvn ,nn14C10GMUO1 V=UY u 714U(Z>M7D.7 f10 11.173
C9'itAY, �ARIiIS, 1ZOBL�750R,
xIR6C$E:7BAL7M Se PBEPLEs
Robb McClary
October 9, 1992
Page 2
agreement is "on again, off again." Preparing for and consummating
the closing in all of the documents necessary for the real estate
portion of the agreement can also be quite lengthy and differ
significantly from normal real estate transactions. Should a bond
issue be done, legal review will have to take place of the
engineer's report, the official statement, and other bond
documents. We estimate that title insurance for this system will
be approximately $10,000. Finally, there are a number of
ordinances which will need to be prepared in conjunction with the
rate study in order to set up the proper regulatory framework.
I am hopeful that we can accomplish all this for less than the
estimated expense that I have given you. Nevertheless, I also
perceive that the Council is not interested in having its
acquisition team going back for more money after we get started in
this process. I believe that the number I have given you is a
reasonable estimate given the uncertainties of this transaction but
also covers a significant amount of work. I will do everything I
can to come in under the estimate but my professional judgment is
that the estimate is reasonable.
If you have any questions regarding this matter, don't
hesitate to call on me.
Sincerely yours,
homas oud, quire
TAC:jlm
GRAY, HARRIS, ROBINSON,
KIRSCBENBAUM & PEEPLES, P.A.
signed for ur. cloud in hia absenco
to prevent delay.
TOTAL P.92
• GRAY, HARRIS & ROBINSON
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
SUITE 1200
SOUTHEAST NATIONAL BANK BUILDING
201 EAST PINE STREET
POST OFFICE BOX 3068
ORLANDO, FLORIDA 82802
TELEPHONE 14071 643-8860
City of Sebastian
Robb McClary - City Hall File #
P.O. Box 780127
Sebastian, FL 32978
Statement # 177619
For Professional Services Rendered:
Re: Water and Sewer Matters
Professional Services:
SEPT 01 92 GHH Review letter to Tom Cloud to Robb
McClary re: amendments to Utility
Ordinance and proposed amendments
attached thereto
SEPT 02 92 TAC Conferring by phone with Robb McClary
(2x); redrafting ordinance; preparing
correspondence to McClary
SEPT 22 92 TAC Conferring by phone with Robb McClary;
preparing ordinance posters; conferring
with Gerry Hartman on hearing
SEPT 23 92 TAC Traveling to/from Sebastian; preparing
for and meeting with all five City
Council members; preparing for and
appearing at City Council hearing on
Ordinance
SEPT 23 92 MMD Preparing posters for meeting
SEPT 24 92 GHH Report from Tom Cloud
SEPT 28 92 TAC Preparing 2 separate drafts of Purchase
contracts
SEPT 28 92 MMD Proofing document for Tom Cloud
Harris, Gordon H. .40 175.00
Cloud, Thomas A. 17.60 175.00
DeLancett, Mary M. 2.10 75.00
Current Fees:
Cost Advances:
OCTOBER 28 1992
40107- 1
.20
.60
1.00
12.00
.60
.20
4.00
1.50
70.00
3,080.00
157.50
3,307.50
AUG
31
92
Long Distance Calls
.60
AUG
31
92
Express Mail
13.00
SEPT
01
92
Document Production
107.50
SEPT
02
92
Document -Production
2.00
SEPT
02
92
Document Production
160.00
SEPT
02
92
Long Distance Calls
3.69
SEPT
02
92
Long Distance Calls
.41
SEPT
02
92
Long Distance Calls
.60
SEPT
02
92
Long Distance Calls
.41
SEPT
02
92
Telecopier/Long Distance
20.00
Continued
RETURN WITH PAYMENT
* GRAY, HARRIS & ROBINSON
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
SUITE 1200
SOUTHEAST NATIONAL BANK BUILDING
201 EAST PINE STREET
POST OFFICE BOX 3068
ORLANDO, FLORIDA 32802
TELEPHONE (407) 843-8880
City of Sebastian
Robb McClary - City Hall
P.O. Box 780127
Sebastian, FL 32978
File #
SEPT
13
92
Reproduction Cost
SEPT
15
92
Document -Production
SEPT
22
92
Document -Production
SEPT
23
92
Telecopier/Local
SEPT
23
92
Long Distance Calls
SEPT
24
92
Reproduction Cost
SEPT
28
92
Mileage
Thomas A. Cloud
SEPT
28
92
Document Production
SEPT
28
92
Document Production
SEPT
30
92
Reproduction Cost
Current Cost Advances:
Current Fees and Cost Advances:
TO
INSURE
PROPER CREDIT TO THE ABOVE ACCOUNT
PLEASE
RETURN A COPY WITH REMITTANCE
D U
E U P O N R E C E I P T
0077
RETURN WITH PAYMENT
OCTOBER 28 1992
40107- 1
42.30
8.00
1.80
39.00
1.56
19.20
40.00
42.50
2.50
38.40
543.47
$3,850.97
GRAY, HARRIS & ROBINSON
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
SUITE 1200
SOUTHEAST NATIONAL BANK BUILDING
201 EAST PINE STREET
POST OFFICE BOX 3068
ORLANDO, FLORIDA 62802
TELEPHONE 14071 643-8680
City of Sebastian
Robb McClary - City Hall
P.O. Box 780127
Sebastian, FL 32978
Statement #
178813
For Professional Services Rendered:
Re: Water and Sewer Matters
Professional Services:
a
File #
OCT OE 92 GHH Conference with Tom Cloud re: status
OCT 06 92 TAC Conferring by phone with Robb McClary;
preparing correspondence to Robb McClary
OCT 07 92 GHH Work on closing issues
OCT 08 92 GHH Review memo from Tom Cloud re: call from
Gerry Hartman
OCT 08 92 TAC Reviewing correspondence from Robb
McClary; preparing correspondence to
Robb McClary
Harris, Gordon H. 1.60 175.00
Cloud, Thomas A. 1.00 175.00
Current Fees:
Cost Advances:
NOVEMBER 11 1992
40107- 1
.40
.50
1.00
.20
.50
280.00
175.00
455.00
OCT
01
92
Poster Charges
100.00
OCT
06
92
Document -Production
2.00
OCT
06
92
Long Distance Calls
84
OCT
09
92
Telecopier/Long Distance
15.00 !I
OCT
09
92
Document -Production
4.00
OCT
12
92
Telecopier/Local
6.00
OCT
12
92
Reproduction Cost
61.20
OCT
16
92
Long Distance Calls
.84
OCT
29
92
Document -Production
2.00
Current Cost Advances:
191.88
TOTAL CURRENT BALANCE DUE: $646.88
TO INSURE PROPER CREDIT TO THE ABOVE ACCOUNT
PLEASE RETURN A COPY WITH REMITTANCE
DUE UPON RECEIPT
0077
RETURN WITH PAYMENT
GRAY, HARRIS & ROBINSON
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
SUITE 1200
201 EAST PINE STREET
POST OFFICE 80X 3068
ORLANDO, FLORIDA 02802
TELEPHONE 14071 843-8880
City of Sebastian MARCH 16 1993
Robb McClary - City Hall File # 40107- 1
P.O. Box 780127
Sebastian, FL 32978
Statement # 194510
For Professional Services Rendered:
Re: Water and Sewer Matters
Professional Services:
FEB 08 93 WAB Preparing Response to Audit Letter
FEB 08 93 TAC Reviewing correspondence from G. Hartman
FEB 15 93 WAB Preparing Response to Audit Letter
Boyles, William A. 2.00 175.00
Cloud, Thomas A. .30 175.00
Current Fees:
Cost Advances:
FEB 12 93 Document -Production
FEB 15 93 Reproduction Cost
292 copies @ .11
Current Cost Advances:
Current Fees and -Cost Advances:
TO INSURE PROPER CREDIT TO THE ABOVE ACCOUNT
PLEASE RETURN A COPY WITH REMITTANCE
D U E U P O N R E C E I P T
0077
RETURN WITH PAYMENT
1.00
.30
1.00
350.00
52.50
402.50
GRAY, HARRIS & ROBINSON
PROFESSIONAL ASSOCIATION
r ATTORNEYS AT LAW
SUITE 1200
SOUTHEAST NATIONAL BANK BUILDING
201 EAST PINE STREET
POST OFFICE BOX 3068
ORLANDO, FLORIDA 32802
TELEPHONE (4071 843-0880
City of Sebastian APRIL 08 1993
Robb McClary - City Hall File # 40107- 1
P.O. Box 780127
Sebastian, FL 32978
Statement # 197112
For Professional Services Rendered:
Re: Water and Sewer Matters
Professional Services:
MAR 03 93 TAC
Meeting with new utilities director,
1.50
Robb McClary, and Gerry Hartman
MAR 04 93 TAC
Conferring by phonemail with with Gordon
1.00
Harris and Bob Dilg on assignments;
conferring by phonemail with Lila
McHenry on legal research assignment;
preparing correspondence to Mr. McClary
and Charles Nash
MAR 08 93 GHH
Status report from Tom Cloud
.20
MAR 08 93 LIM
Reviewing Franchise Agreements;
5.60
reviewing Chapter 180, Florida Statutes
and Utility Ordinance; researching
points of law re: Chapter 180
MAR 09 93 LIM
Conferring by phonemail with Thomas A.
4.00
Cloud; conferring in office with Thomas
A. Cloud; preparing analysis of
alternatives;
MAR 09 93 LIM
Conferring by phone with Gerry Hartman's
office re: GDU
MAR 10 93 LIM
Reviewing Sebastian Interlocal
2.00
Agreements; researching points of law
_
re: valuation methods; reviewing
correspondence to GDU from Gerry
Hartman; preparing memorandum
MAR 11 93 LIM
Conferring by phone with Gerry Hartman;
3.00
conferring by phonemail with Thomas A.
Cloud; preparing memorandum
MAR 12 93 LIM
Conferring by phonemail with Thomas A.
2.00
Cloud; reviewing Chapter 73 Florida
Statutes re: condemnation
MAR 13 93 GHH
Review letter from Gerry Hartman to GDU
1.00
and review franchise
KAR 15 93 LIM
Conferring by phone with Gerry Kansella;
1.40
preparing memorandum to Thomas A. Cloud;
reviewing correspondence from Gerry
Hartman; conferring by phonemail with
Thomas A. Cloud (2x)
Continued
RETURN WITH PAYMENT
GRAY, HARRIS 8C ROBINSON
City of Sebastian
Robb McClary - City Hall
P.O. Box 780127
Sebastian, FL 32978
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
SUITE 1200
SOUTHEAST NATIONAL BANK BUILDING
201 EAST PINE STREET
POST OFFICE BOX 3068
ORLANDD, FLORIDA 32802
TELEPHONE (407) 843-8880
APRIL 08 1993
File # 40107- 1
MAR
18
93
TAC
Conferring by phone with R. Votapka
.40
MAR
19
93
LIM
Reviewing condemnation law
.60
MAR
21
93
GHH
Phonemail message from Tom Cloud re:
.20
acquisition and refusing to negotiate by
Sebastian
MAR
21
93
TAC
Reviewing and circulated news article on
.70
acquisition; reviewed legal memorandum
from L. McHenry
MAR
22
93
LIM
Conferring in office with Thomas A.
.70
Cloud; conferring by phonemail with
Thomas A. Cloud; reviewing case law
MAR
23
93
GHH
Review letter from GDU to Gerald Hartman
.20
AR
23
93
LIM
Reviewing notes from Thomas A. Cloud;
.50
conferring by phonemail with Thomas A.
Cloud; conferring in office with Thomas
A. Cloud
MAR
24
93
LIM
Reviewing memorandum from Gerry Hartman;
1.40
reviewing memorandum from Thomas A.
Cloud; conferring by phonemail with
Thomas A. Cloud re: phone calls to
several individuals;
MAR
24
93
LIM
Conferring by phone with Rich Votapka;
preparing memorandum to Thomas A. Cloud;
reviewing fax from Rich Votapka
MAR
25
93
LIM
Conferring by phonemail with Tom Cloud
.20
re: telephone calls to various past GDU
and City officials re: franchise
agreements
MAR
26
93
TAC
Conferring with Rick Votapka
.40
MAR
26
93
LIM
Conferring in office with Thomas A.
.30
Cloud and Rich Votapka
MAR
29
93
LIM
Conferring in office with Thomas A.
.20
Cloud re: tapes and transcripts
Harris, Gordon H.
1.60 383.75
614.00
Cloud, Thomas A.
4.00 229.50
918.00
McHenry,
Lila
I.
21.90 149.79
3,280.50
Current Fees:
4,812.50
.ost
Advances:
MAR
04
93
Document -Production
4.00
MAR
12
93
Document -Production
4.00
Continued
RETURN WITH PAYMENT
}
GRAY, HARRIS & ROBINSON
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
SUITE 1200
SOUTHEAST NATIONAL BANK BUILDING
201 EAST PINE STREET
POST OFFICE BOX 3068
ORLANDO, FLORIDA 3280E
TELEPHONE 1407) 643-8880
City of Sebastian
Robb McClary - City Hall
P.O. Box 780127
Sebastian, FL 32978
File #
MAR
15
93
Postage and Handling
MAR
15
93
Reproduction Cost
186 copies @ .11
MAR
15
93
Long Distance Calls
MAR
15
93
Lexis/Westlaw Research
KR/Research
MAR
18
93
Long Distance Calls
MAR
22.93
Document -Production
MAR
24
93
Long Distance Calls
MAR
25
93
Telecopier/Local
MAR
31
93
Telecopier/Local
MAR
31
93
Reproduction Cost
4 copies @ .11
Current Cost Advances:
TOTAL CURRENT BALANCE DUE:
TO INSURE PROPER CREDIT TO THE ABOVE ACCOUNT
PLEASE RETURN A COPY WITH REMITTANCE
D U E U P 0 N R E C E I P T
0077
RETURN WITH PAYMENT
}
APRIL 08 1993
40107- 1
1.09
20.46
1.61
13.13
3.48
2.00
.96
30.00
6.00
.44
87.17
$4,899.67
GRAY, HARRIS & ROBINSON
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
SUITE 1200
201 EAST PINE STREET
POST OFFICE 80% 3068
ORLANDO, FLORIDA 02802
TELEPHONE (407) 843-8880
City of Sebastian
Robb McClary - City Hall
P.O. Box 780127
Sebastian, FL 32978
contract
Cloud, Thomas A.
McHenry, Lila I.
Cost Advances:
File #
8.70 175.00
27.00 175.00
Current Fees: .
MAR
02
93
Document -Production
MAR
04
93
Document -Production
MAR
09
93
Document -Production
APR
04
93
Lexis/Westlaw Research
APR
05
93
Document Production
APR
06
93
Long Distance,Calls
APR
06
93
Document Production
APR
06
93
Express Mail
APR
07
93
Long Distance Calls
APR
07
93
Document Production
APR
08
93
Long Distance Calls
APR
12
93
Document Production
APR
12
93
Document Production
APR
12
93
Document -Production
APR
15
93
Postage and Handling
APR
15
93
Document Production
APR
15
93
Reproduction Cost
321 copies @ .11
APR
15
93
Express Mail'
TAC/Cty Sebastia
APR
16
93
Document -Production
APR
-19
93
Long Distance Calls
APR
19
93
Document -Production
APR
20
93
Long Distance Calls
APR
20
93
Document Production
APR
20
93
Document -Production
APR
22
93
Long Distance Calls
APR
25
93
Postage and Handling
APR
25
93
Reproduction Cost
APR
25
93
Reproduction Cost
50 copies @ .11
APR
26
93
Telecopier/Local
APR
26
93
Telecopier/Local
APR
26
93
Telecopier/Local
RETURN WITH PAYMENT
MAY 20 1993
40107- 1
1,522.50
4,725.00
6,247.50
18.00
16.00
4.00
6.64
50.00
1.11
17.50
13.75
.60
12.50
3.48
35.00
7.50
8.00'
.65
12.50
35.31
13.75
10.00
.36
6.00
.36
42.50
24.00
5.40
2.45
15.00
5.50
12.00
12.00
6.00
Continued
GRAY, HARRIS & ROBINSON
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
SUITE 1200
201 EAST PINE STREET
POST OFFICE BOX 3068
ORLANDO, FLORIDA 32802
TELEPHONE (407) 843-8880
City of Sebastian
Robb McClary - City Hall
P.O. Box 780127
Sebastian, FL 32978
Statement # 202809
For Professional Services Rendered:
Re: Water and Sewer Matters
Professional Services:
File #
APR 04 93 LIM
.Reviewing documents and tapes re: GDU
4.00
franchise and rate increases
APR 05 93 LIM
Preparing memorandum
4.50
APR 06 93 LIM
Conferring by phone with Dan Kilbride;
4.10
conferring by phone with Pat Flood's
office; preparing correspondence;
revising memorandum
APR 07 93 LIM
Conferring by phone with Pat Flood;
3.20
preparing memorandum to file; preparing
memorandum to Thomas A. Cloud;
conferring by phone with Rich Votapka
APR 08 93 TAC
Reviewing legal memo; began draft of
1.00
letter
APR 08 93 LIM
Reviewing notes from Thomas A. Cloud;
5.00
researching points of law re: strict
construction and utility valuation
APR 09 93 LIM
Conferring in office with Thomas A.
5.10
Cloud; preparing memorandum; r-
esearching points of law re: declaratory
actions
APR 12 93 LIM
Reviewing correspondence
1.10
APR 14 93 TAC
Conferring by phonemail with Gerry
.50
Hartman
APR 15 93 TAC.
Reviewing letter to Robb McClary
1.00
APR 16 93 TAC
Conferring by phone with Gerald Hartman
.50
(2x) on proposed negotiations
APR 18 93 TAC
Conferring by phone with Gerald Hartman
.50
on Purchase and Sale Contract with GDU
APR 19 93 TAC
Reviewing various correspondence from
1.20
Hartman; conferring by phone with Robb
McClary
APR 20 93 TAC
Redrafting Agreement with GDU; preparing
2.00
correspondence to Robb McClary
APR 22 93 TAC
Meeting with G. Hartman on contract;
1.00
conferring by phone with Rick Votapka
and Robb McClary
APR 23 93 TAC
Working with G. Hartman on exhibits for
1.00
RETURN WITH PAYMENT
MAY 20 1993
40107- 1
Continued
GRAY, HARRIS & RoBINSON
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
SUITE 1200
201 EAST PINE STREET
POST OFFICE BOX 3066
ORLANDO, FLORIDA 82802
TELEPHONE (407) 643-8680
City of Sebastian
Robb McClary - City Hall
P.O. Box 780127
Sebastian, FL 32978
0077
File #
Current Cost Advances:
TOTAL CURRENT BALANCE DUE:
TO INSURE PROPER CREDIT TO THE ABOVE ACCOUNT
PLEASE RETURN A COPY WITH REMITTANCE
D U E U P 0 N R E C E I P T
RETURN WITH PAYMENT
MAY 20 1993
40107- 1
397.86
$6,645.36
_ GRAY, HARRIS Be ROBINSON
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
SUITE 1200
201 EAST PINE STREET
POST OFFICE. BOX 3068
ORLANDO, FLORIDA 92802
TELEPHONE (407) 843-8880
City of Sebastian
Robb McClary - City Hall
P.O. Box 780127
Sebastian, FL 32978
Statement #
205014
File #
JUNE 14 1993
40107- 1
For Professional
Services Rendered:
Re:
Water and
Sewer Matters
Professional Services:
MAY
14
93 TAC
Conferring by phone with Charles Nash; 2.30
reviewing letter from GDU; conferring by
phone with Robb McClary; conferring by
phone with G. Hartman
MAY
21
93 TAC
Conferring by phone with Rich Votapka;
.50
conferring by phone with Chuck Bliss
MAY
26
93 TAC
Conferring by phonemail with G. Hartman;
.50
conferring by phone with C. Bliss;
conferring by phone with Robb McClary
Cloud,
Thomas A.
3.30 175.00
577.50 -
Current Fees:
577.50
Cost Advances:
/
MAY
12'93
Document-ProductionC
22.00
MAY
12
93
Document -Production Z-5
14.00
MAY
13
93
lam/
Telecopier/Local
9.00
MAY
13
93
Long Distance Calls y� Q
.60
MAY
14
93
Reproduction Cost ,/�3
13.80
MAY
14
93
Long Distance Calls Fund # =��
7.69
MAY
14
93
Long Distance Calls G
.60
MAY
14
93
Long Distance Calls Acct. #c
3.48
MAY
17
93
Long Distance Calls Object:
.41
MAY
18
93
Long Distance Calls q5
2.67
Thomas A. Cloud Amt.:
MAY
18
93
Long Distance Calls pate;
3.49
MAY
18
93
Long Distance Calls
tnitia6
.41
MAY
26
93
Document -Production
52.00
MAY
27
93
Document -Production
16.00
MAY
28
93
Telecopier/Local
6.00
MAY
31
93
Reproduction Cost
54.30
Current Cost Advances: 206.45
TO
INSURE
TOTAL CURRENT BALANCE DUE-
PROPER CREDIT TO THE ABOVE ACCOYNT / (.
PLEASE
RETURN A COPY WITH REMITTANCE
4C`53
Continued
7•
RETURN WITH PAYMENT
HART" AN & ASSOCIATES, I : C.
engineers, hydrogeologists, surveyors & management consultants
December 10, 1992 HAI X192-023.04
Mr. J. Larry Rutherford
General Development Utilities, Inc.
2601 South Bayshore Drive
Miami, Florida 33133-5461
Subject: Sebastian Highlands Water and Wastewater Systems
^
Dear Mr. Ruth ord: 61
Now that both the North Port and Palm Bay systems have been closed or are pending closing,
I would appreciate the opportunity to renew our discussions relative to the Sebastian Highlands
water and wastewater system.
If I am not mistaken, the posture that we are at is for a counter offer from General
Development Utilities, Inc., or acceptance of our last offer to you. As we previously have
discussed, I believe that this transaction can be done in a rapid and cost-effective manner for
both parties without the need of any litigation, and in fact, we probably could have much of
the documentation and other aspects of the deal completed before incurring too much legal
expense.
I would appreciate your response in this matter.
GCH/ch
C16/Ruther.gch
cc: Rob McClary, City of Sebastian
Hal Schmidt, Jr., P.E., HAI
Very truly yours,
Hartman & Associates, Inc.
Ze��artman, Pd'?
President
..r
201 EAST PINE STREET • SUITE 1000 • ORLANDO. FL 32801
TELEPHONE (307) 8393955 • FAx (40-) 8393790
PRINCIPALS: JAMES E. CHRISTOPHER - CHARLES W. DRAKE - GERALD C. HARTMAN -NARK I. LCKE -.NARK A. RYNNING - HAROLD F.. SCHMIDT, JR.