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HomeMy WebLinkAboutR-1988-043 e RESOLUTION NO. 43-88 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE RAW WATER METER CONNECTION AGREEMENT BETWEEN THE CITY OF DANIA AND BROWARD COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission City Manager and City Attorney of the City of Dania, Florida, have reviewed the attached form of Agreement and find it to be appropriate to the needs of the City of Dania. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section I . That the City Commission of the City of Dania, Florida, does hereby approve the Large User Raw Water Agreement between the City and Broward County covering a raw water meter connection, a copy of which is attached hereto and made a part hereof as Exhibit —Section 2 That the Mayor - Commissioner, City Manager and � City Clerk - Auditor are hereby authorized and directed to forth- with execute said Agreement on behalf of the City of Dania, Florida, Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 13thday of September, 1988. OR - ATTEST: CITY CLERK AUDITOR APPROVED AS TO FORM AND CORRECTNESS By 4FN C ADLER, City Attorney Resolution No. 43_8y i TO BE RECORDED roject N Budget H LARGE USER RAW WATER AGREEMENT THIS AGREEMENT , Made and entered into in Broward County , Florida , this day of 198 , by and between BROWARD COUN Y a political subdivision o the—'3tate of Florida , hereinafter called "COUNTY" and hereinafter called . W I T N E S S E T H WHEREAS , BROWARD COUNTY is the owner and operator of a water treatment and a sewage/wastewater treatment plant , together with wellfields , water distribution and sewage or wastewater collection facilities known as BROWARD COUNTY WATER AND SEWER SYSTEM . WHEREAS , CITY owns or controls certain property or supplies water service to an area in Broward County, Florida , as shown and described in EXHIBIT "A" attached hereto and made a part hereof ; and all references hereinafter contained to CITY ' S service area mean the property herein referred to ; and WHEREAS , CITY is desirous of procuring raw water serv- _ ice from the COUNTY for the service area described in Exhibit "A" ; and WHEREAS , the parties hereto desire to enter into an agreement setting forth the mutual understandings and undertak- ings regarding the furnishing of said raw water services by COUNTY to the service area hereinabove referred to ; and WHEREAS , this agreement and all stipulations and covenants are acknowledged to be subject to the approval of the Florida Department of Health and Rehabilitative Service , the Florida Department of Environmental Regulation, the Broward County Health Department , and any other regulatory agencies having jurisdiction of the subject matter of this agreement . NOW , THEREFORE , in consideration of the mutual cove- nants and undertakings of the parties hereto and other good and valuable considerations ; the parties hereto covenant and agree subject to the above provisions of the fifth preamble each with the other as follows : I (A) It shall be the obligation of the CITY , at its expense to design , construct and install raw water service lines , and connection in accordance with plans , specifications and engineering data as submitted by a Florida registered engineer to be approved by the regulatory agencies and by the COUNTY ' S consulting engineers or Director of Public Works , or its authorized representative ; and said raw water meter connection shall be installed and connected to COUNTY ' S existing raw water service lines , all of which work shall be paid for by the CITY . ( B) The CITY shall , at its expense, retain the services of the same registered professional engineer who pre- pared plans and specifications for the water meter connection for the purposes of providing necessary inspection and supervision of the construction work to insure that construction is at all times in compliance with accepted engineering practices and the ap- proved plans and specifications . A copy of each field report shall be submitted to COUNTY as each inspection is made. Should there subsequently be cause or reason for the CITY to engage the services of another registered engineer then CITY must notify the COUNTY within five ( 5) days of such engagement . r ,.- 1 i/�l-i ��+11 i1 I (C ) CITY shall arrange for and hold a preconstruction meeting with the Director of Public Works or its authorized representative together with CITY or CITY ' S engineer or contractor. Notification of said meeting shall be made in writ- ing and received by all parties seventy-two ( 72 ) hours in advance and said meeting shall be held at least twenty-four (24 ) hours prior to start of any/all phases of construction . ( D) The work to be performed by CITY, as above provided for, may not be commenced until all plans and specifica- tions covering the work to be performed are approved in writing by COUNTY ' S Consulting Engineers or Director of Public Works or its authorized representative . ( E ) CITY shall notify COUNTY before any construction is begun and at the time when inspections shall be required . Said notification shall be made in writing and shall be received by the COUNTY at least twenty-four (24 ) hours in advance of the time construction is begun or inspections shall be made . (F ) During construction and at the time when periodic inspections are required, COUNTY 'S Consulting Engineers or Direc- tor of Public Works or its authorized representative , together with CI TV S engineer, shall be present to observe and jointly witness tests for determination of conformance to approved plans and specifications . (G) The work to be performed by CITY, pursuant to the provisions set forth herein , shall be in accordance with all requirements of the regulatory agencies having jurisdiction of the subject matter of this agreement . ( H ) When the raw water meter connection has been satisfactorily installed , inspected , tested , and approved in writing by the CITY ' S engineer , together with COUNTY ' S Consulting Engineer or Director of Public Works or its authorized representative, the COUNTY shall thereafter maintain the raw water meter connection system up to and within granted easements provided the obligation of the COUNTY to maintain the raw water meter connection shall not take effect until such time as CITY has conveyed title to said systems to COUNTY and furnish the as- built drawings described in Paragraph ( I ) below . CITY shall , at its expense , and at no cost to COUNTY, furnish the COUNTY one complete set of reproducible As- Builts of the completed works or installations on transparent - film base or on such other transparent material as approved by COUNTY plus eight (8 ) sets of As-Built prints made from the original As-Built drawing. Said As-Built drawing to be on transparent material and the prints shall be certified and sealed by a Florida registered Engineer and must show all pertinent information thereon . As -Built drawing information as to ease- ments , the correct location of all mains , services , grades , invert elevations , heights related to known datum, and all appur- tenances belonging to the completed works or installation at option of the COUNTY, shall also be certified and sealed by a Florida registered Professional Land Surveyor. The As -Built drawing and all information shown thereon shall be to the approv- al of COUNTY . (J ) Both parties agree that COUNTY shall provide raw water transmission service to CITY at fees , rates and charges constituting the full cost of such service , which shall include OPERATING AND MAINTENANCE CHARGES. Such fees , rates and charges shall be just and equitable , and COUNTY shall set the same fees , rates and charges for all FUTURE USERS that are within the same class . Such fees , rates and charges shall be as per EXHIBIT ' B ' . ( K) Should COUNTY , or the Director of Public Works and/or the Director of Utilities Division or their authorized representative determine that the safe maximum operating capacity 2 (as in accordance with AWWA standards ) of a meter is exceeded or may be exceeded, the COUNTY shall retain the authority to require the CITY to replace the meter or install such additional metering COUNTY by Bill eof a Sale aAbs ol utec ats no y e y cost to the and nv same to the COUNTY . (L) CITY shall pay to COUNTY the sum of as CITY S % share of the cost Of construction for two (2) deep wells as part of the COUNTY ' S 3A Water Treatment Plant Wellfield . Said improvements are shown represented on sketch marked Exhibit "D" , attached hereto and made a part of this agreement . Payment by the CITY shall occur upon execution of this agreement . In the event the deep wells do not produce the required designed raw water gallons per day to meet paragraph IV (8 ) , the CITY shall receive only its proportionate share of the actual well production based on the deep well design ratio and the COUNTY may elect to obtain 3A Water Treatment Plant Wellfield approvals from the regulatories for additional deep well construction in which case the CITY may choose to share in the cost to meet their regional raw water gallons per day demands per paragraph IV (8 ) . (M ) If for any reason caused by CITY , or its agents , the proposed connection is abandoned , terminated or caused to be canceled short of full completion , it is mutually agreed by the parties that this agreement is voidable by COUNTY. In the event - that COUNTY exercises its right to void this agreement , notice shall be sent to CITY at the address set forth in Paragraph VI . }� It is mutually agreed by the parties hereto that the monies paid to the COUNTY shall serve as liquidated damages and no refund shall accrue to the CITY . Failure to continue or proceed with construction in a meaningful manner for a consecutive period of 180 days shall be deemed to be an abandonment or termination. Meaningful , as used herein is defined as proceeding with construction in a normal manner customary and common in the trade . ( N ) CITY shall install at its expense and at no cost to the COUNTY which shall be constructed to specifications and standards ap- proved by COUNTY and as shown on the drawings prepared by dated recorded in the office of Broward County Public Works Department , Utilities Division , as Drawing No. which drawing is incorporated by refer- ence herein and made a part of this agreement . A copy of which drawing is marked "Approved " and delivered to CITY receipt of which CITY hereby acknowledges . Upon satisfactory completion of said raw water meter connection CITY shall transfer title of same to COUNTY , at no cost to COUNTY , by B ILL OF (SALE (ABSO LUTE i(n )accordance w(t j the terms of Paragraph 11 ( 1 ) , 2 ) , 3 ) , 4 ) , 5 6 7 8 and ( 9 ) herein . 11 Upon completion , approval and acceptance of the work required to be done CITY shall , without cost to COUNTY : ( 1 ) Convey to COUNTY and its successors and assigns by good and sufficient easement deed , in a form satisfactory to COUNTY , a perpetual right , easement and privilege to operate , maintain , repair or replace all water mains , pipes , connections , pumps and meters within granted easements upon CITY ' S property 3 in connection with supplying raw water service to the inhabitants , occupants and CITYs in CITY ' S service area and secure from each mortgagee and lienor a release of mortgagee ; and Iienors interest in the easement and fixtures hereon for so long as the easement is used for the operation , maintenance , repair or replacement of water mains , pipes , connections , pumps and meters within the easements . ( 2 ) Transfer to COUNTY by BILL OF SALE ABSOLUTE all CITY ' S right , title and interest in and to all of the raw water supply lines , mains , pumps , connection , pipes , valves , meters and equipment installed up to and within granted easements and right- of-way within the lands described in EXHIBIT "C " attached hereto and made a part hereof for the purpose of supplying raw water service within the CITY ' S service area . Said BILL OF SALE ABSOLUTE shall be written in such a form as approved and accepted by COUNTY. ( 3) Furnish COUNTY with an AFFIDAVIT that all persons , firms or corporation who furnished labor or material used direct- ly or indirectly in the prosecution of the work required to be performed by this agreement have been paid . Said AFFIDAVIT shall be written in such a form as approved and accepted by COUNTY . ( 4) Furnish COUNTY with RELEASE OF LIENS from all contractors and suppliers of materials and/or labor who might have acquired interest into the installations by the supplying of materials and/or labor otherwise . ( 5) Furnish COUNTY with a FINAL RELEASE OF LIEN re- leasing all liens which CITY might have on the works/installations . Said FINAL RELEASE OF LIEN shall be written in such a form as approved and accepted by COUNTY . ( 6 ) Furnish COUNTY with all manufacturers ' warranties which CITY might have received or is due to receive on any part of the installations . ( 7) Pay to the COUNTY any and all applicable charges which shall be due and payable prior to connection to COUNTY ' S raw water system. ( 8) Furnish COUNTY with a satisfactory warranty or bond guaranteeing instaIIion pursuant to this agreement against defect in material , equipment or construction for a period of not less than one ( 1 ) year from date of acceptance of same by COUNTY . _ Said warranty shall be in such a form as approved and accepted by COUNTY. ( 9 ) Furnish COUNTY with COST LETTER stating the cost of the installations done under this agreement . Said COST LETTER shall be in such a form as approved by COUNTY . I1I COUNTY further covenants and agrees with CITY pursuant to Paragraph I1 , ( 1 ) , ( 2 ) , ( 3 ) , ( 4 ) , ( 5 ) , ( 6 ) , ( 1 ) , ( 8) and ( 9 ) as follows : ( 1 ) COUNTY shall make its best efforts to furnish raw water of the quality "as is " and does not guatantee the water ' s quality . (2 ) COUNTY shall make its best efforts to supply , at all times , for the use of the CITY at the point of connection to its raw water system , a quantity of water under adequate pressure satisfactory for use by the CITY . Provided the obligation of the COUNTY to furnish service other than water for construction purposes shall not arise until CITY has completed construction of the facilities required to be constructed by CITY pursuant to this agreement and 4 i has conveyed title to said facilities to the COUNTY as provided herein . ( 3) COUNTY shall establish a raw water sampling point at a mutually agreeable location at or near the point of connection so that both parties may obtain samples of the raw water delivered by the COUNTY to the CITY . COUNTY agrees to provide for such right-of-way privilege upon properties within its control as may be necessary to allow CITY reasonable access to the sampling point . CITY shall have the right to obtain raw water samples during normal business hours provided , however, no such inspection shall be made unless CITY shall first give COUNTY written notice of its intent to obtain samples , nor shall any such samples be obtained prior to forty eight (48) hours , excluding Saturdays , Sundays , and holidays , subsequent to the receipt of said notice by COUNTY . The cost of collecting and testing such samples shall be borne by the CITY . The COUNTY reserves the right to collect duplicate samples with the CITY . (4) COUNTY shall make its best effort to have reimbursed to the CITY paragraph II ( 9 ) cost of installation upon CITY entering into the establishment of the raw water delivery system known as COUNTY ' S raw water supply with the funding by COUNTY through Countywide ad valorem tax . ( 5) CITY , its successor and assigns do hereby agree between the parties , upon being provided documents for _ establishing the COUNTY ' S RAW WATER SUPPLY , shall enter into agreement for raw water service under this program. Upon execution of the agreement by both parties this agreement is cancelled per paragraph IV ( 17 ) . �t IV o- It is mutually covenanted and agreed by and between the parties as follows : ( 1 ) COUNTY shall have the right to furnish raw water services to consumers within the area covered by this agreement ; and } (2 ) CITY shall do all things and make all instal - lations and perform all work in accordance with the terms of this agreement ; and (3 ) CITY , its successors and assigns are hereby prohibited from installing or maintaining any additional water wells unless approved by the COUNTY in writing except for irrigation purposes ; and ( 4 ) COUNTY shall not be liable or responsible for maintenance or operation of any pipes , pipelines , valves fixtures or equipment on any of the properties of the consumers or users in the CITY ' S meter connection other than the raw water within granted easement to COUNTY pursuant to Paragraph II ( 1 ) ; and ( 5 ) The CITY shall keep all water pipes , service lines , connections and necessary fixtures and equipment in the service area in good order and condition . The sale of raw water by County to the CITY shall occur at the C I T Y ' S side of the meter ; and ( 6) No water from COUNTY ' S raw water system is to be used or disbursed by CITY or its agents outside the indicated service area to be served as shown in EXHIBIT "A" , attached hereto and made a part hereof . The area of service may be ex- tended only with the written approval of the COUNTY , such docu- ment having the same formality and of equal dignity as the origi - nal agreement ; and 5 � r average flow of the thirty day period prior to the date the meter became inoperative ; and ( 14) CITY agrees that COUNTY shall bill CITY for raw water provided to CITY on a monthly basis in accordance with its standard billing procedure , CITY shall pay such billings within thirty days of the date of mailing the monthly bill . Should CITY not pay within the thirty day period, CITY shall pay an additional ( )% of the bill . Should a billing or a portion of the billing be outstanding for a period of more than forty-five days from the date of the original billing, then CITY shall be considered in default and COUNTY, in addition to all other rights and remedies , shall have the right and power, by suit , action , mandamus or other such proceedings at law or in equity , to protect , enforce, and compel performance by the CITY and any of the officers , agents or employees of said CITY to perform and carry out . - its and their duties and obligations under this agreement or applicable law; and ( 15) COUNTY agrees that the rates , fees and charges to be billed to CITY shall be the rates in effect at the time of the billing and shall be the same rates as are charged to other customers of the same class . It is understood that the rates , fees and charges may from time to time be amended and adopted by the Board of County Commissioners at a Public Hearing ; and ( 16) CITY shall submit a map indicating the area to be served as a result of this agreement and shall be shown as EXHIBIT "A" , attached hereto and made a part hereof. The area of _ service may be extended only with the written approval of COUNTY , such document having the same formality and of equal dignity as ik the original agreement ; and ( 17) CITY and COUNTY agree that this agreement shall b not be canceled on any condition except by a mutual cancellation agreement between the parties hereto, which shall be a written document executed with the same formality and of equal dignity herewith ; and ( 18) Both parties agree that all legal requirements for execution of this agreement have been performed and each party hereto agrees to exchange with the other certified copies of the - J} official records of its governing body which authorize the execu- tion of this agreement ; and ( 19) Any temporary cessations or interruptions of the furnishing of raw water service to the property described herein at any time caused by an Act of God, fires , strikes , casualties , accidents , power failures , maintenance work , breakdowns , damage to equipment or mains , civil or military authority, riots or other cause beyond the control of the COUNTY shall not constitute a breach of the provisions contained herein or impose liability upon the COUNTY by the CITY, its successors and assigns ; and (20) If any section , subsection , sentence, clause, phrase or portion of this agreement is for any reason held inva- lid or unconstitutional by any court of competent jurisdiction , such portion shall be deemed a separate distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof . V (A ) The provisions of this agreement shall be binding upon and inure to the benefits of successors in title to the real property described in this agreement as being owned by CITY. However, any other assignment or transfer of C I T Y ' S rights and obligations under this agreement is hereby prohibited without the prior written consent of COUNTY . 7 ( 1 ) COUNTY shall maintain and test the meter( s ) and annually shall have a test conducted by a representative of the manufacturer or other competent entity . A copy of the annual report on meter ( s ) inspection shall be furnished to CITY . CITY may from time to Lime request permission to have a meter test conducted. CITY shall submit the request at least 48 hours not including weekends or holidays , prior to the test . In the event the meter ( s ) is not accurate within the manufacturer ' s recommended range , then COUNTY shall pay the costs of the test . If the meter ( s ) is found to be within the recommended range , CITY shall pay the cost of the test ; and (8) CITY agrees that it has reviewed its present and future needs for raw water service and with the advice and coun- sel of a professional engineer, has projected its raw water service needs as shown below to the best of its knowledge and ability . Year Projected Raw Water Annual Average Flow In MGD 19 19 19 19 19 19 These projections shall serve as a reasonable estimate of the future needs of CITY for the purpose of planning , expansion construction , modification or alteration of COUNTY facilities . CITY further agrees that said raw water flows shall not exceed gallons per day unless previous approval to exceed that amount has been granted in writing by COUNTY . Both parties agree to obey regulatories ' orders issued to the COUNTY for water conservation , such as cut backs in gallons per day demand , time of use , or any other such order as may be issued to the COUNTY ; and ( 9 ) CITY agrees that , through the use of acceptable Y•«F methods adequate provisions shall be included in the delivery facilities to prevent excessive peak flow rates . The average daily flow shall be controlled such that it is used over the 24- hour-per-day rate in a continuous manner directly related to demand ; and ( 10 ) In the event CITY causes a flow rate in excess of the average daily rate as related to hour-per-day for any recorded period, CITY shall pay to COUNTY a % additional charge for the period ; and ( 11 ) CITY agrees that , should the flow rate continue in excess of the average daily rate as related to hour-per-day for a period of seven days the COUNTY shall install such device as to assure the flow rate amount is not exceeded . The cost for such device to be paid by the CITY ; and ( 12 ) CITY agrees that , should the metering equipment be found to be inaccurate beyond the manufacturer ' s range of accuracy , the meter shall be assumed to be inaccurate since the last meter check or for a period of three months , whichever time should be less , and that the following month ' s billing shall be adjusted to show a credit or additional charge to CITY for that period ; and ( 13) CITY agrees that , if at any time the metering system shall be inoperative or in any way fails to provide infor- mation with respect to the quantity of flow into CITY ' S water system, CITY shall pay to COUNTY a daily amount equal to the 6 ent rded records of (BrowardsCounty ,nFloriidabefor theoparticular the public placing all owners or occupants of p purpose serviceof area connected or to be connected topsaidr water es � systems SofCITYS upon notice of each and every one of the provisions herein contained. VI Whenever either party desires to give notice unto other, it must be given by written notice, sent by certified o the registered mail , with return receipt requested addressed to the party for whom it is intended, at the place specified as the place for giving of notice shall remain in such until it shall have been changed by written notice in compliance with the provi - sions of this paragraph . For the present , the parties designate the following at the respective places for the giving of notice to wit : FOR BROWARD COUNTY 2401 NORTH POWERLINE ROAD POMPANO BEACH , FLORIDA 33069 FOR CITY Notice so addressed and sent by certified or registered mail , with return receipt requested shall be deemed given when it shall have been so deposited in the United States Mail . It is mutually agreed that the COUNTY shall be held harmless from any and all liability for damages if COUNTY ' S obligations under this Agreement cannot be fulfilled as a result of any ruling or order by any other governmental or regulatory agency having jurisdiction over the subject matter hereof ; and in such event this Agreement shall be null and void and unenforceable by either party . force This Agreement is to terminate and be of no further and effect upon completion of all of the terms and obligations hereunder to be performed by the parties hereto providing all the installations are completed within months from the date of this Agreement . Should the installations not be completed within that time period, then COUNTY has the right to grant or to refuse an extension of time at its option depending upon the circumstances prevailing . Should COUNTY elect to refuse an extension of time then this Agreement becomes voidable and all monies paid by CITY under this Agreement shall be retained by COUNTY as liquidated damages and no refund shall accrue to CITY . IN WITNESS WHERREOF , the parties hereto have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS , signing by and through its Chairman , authorized to execute same by Board action on the day of Ig and , through signing by and duly authorized to execute same. COUNTY 8 BROWARD COUNTY through its ATTEST BOARD OF COUNTY COMMISSIONERS County Administrator and x- Officio Clerk of the Board of By County Commissioners of , Chairman Broward County, Florida day of 19 Approved as to form and legality by Office of General Counsel for Broward County, Florida SUSAN F . DELEGAL ,General Counsel Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale , Florida 33301 Telephone : ( 305 ) 357-7600 " By Assistant General Counsel WITNESS : BY day of 19 STATE OF FLORIDA ) COUNTY OF ) I HEREBY CERTIFY , That on this day before me personally appeared and as President and Secretary respectively of WITNESS my signature and official seal at County State of this day of 198 Notary Public My Commission expires : STATE OF ) COUNTY OF j 9 I HEREBY CERTIFY, That on this day before me personally appeared to me known to be the persons described in and who executed the foregoing agreement and acknowledged the execution thereof to be their free act and deed for the uses and purposed therein expressed. WITNESS my signature and official seal at County of this day of 198 My Commission expires : Notary Public w 10 1 r Exhibit "A" s i Area to be served Broward County Utilities Division designated Drawing No . J 11 EXHIBIT "B" RATE SCHEDULE -OF CHARGES FOR RAW WATER SERVICE FOR BROWARD COUNTY UTILITIES DIVISION ACCORDING TO THE FOLLOWING: RAW WATER CHARGES The rate to be charged to the CITY is to be calculated annually based on budgeted full cost of service for the year and projected raw water flows for the year. CITY charges for fiscal year are cents per 1000 gallons for first year. After the close of the fisca year, an annual adjustment shall be computed which shall be based upon the actual operating and maintenance expenses recorded for the COUNTY facilities for that fiscal year divided by the actual number of thousands of gallons of raw water provided through the system for that fiscal year. Such adjustment shall be made subsequent to final verification of operations and maintenance charges by annual audit performed by a Certified Public Accountant. If the annual adjustment shows that an underpayment was made by CITY, the amount due and owing shall be paid by CITY in twelve (12) equal monthly payments and shown as a separate item on the monthly bills during the next twelve months after the adjustment has been made. If the annual adjustment shows that an overpayment was made by CITY, the amount due and owing CITY shall be credited to CITY in ,,Jiy twelve (12) equal monthly installments and shown separately on the monthly bills during the next twelve months after the adjustment has been determined. OPERATING AND MAINTENANCE CHARGES Operating and maintenance charges shall mean the COUNTY'S reasonable and necessary current expenses of maintenance, repair, and operation of the System, and shall include, without limiting the generality of the foregoing, all ordinary and usual expenses of maintenance and repair, which may include expenses not annually recurring, COUNTY administrative expenses, and any reasonable charges for pension or retirement funds properly chargeable to the service insurance premiums, engineering expenses relating to maintenance, repair and operation, legal expenses, any taxes which may be lawfully imposed on income or operations and reserves for such taxes, and any other expenses required to be paid by the COUNTY, all in accordance with the accrual method of accounting, but shall not include any reserves for extraordinary maintenance or repair, or any allowance for depreciation on City constructed contributed facilities, any amortization charges, or any deposits or transfers to the credit of the Sinking Fund, Loan Repayment Fund, the Renewal and Replacement Fund, a,id the General Reserve Fund. 12 J i EXHIBIT "C" y. 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