HomeMy WebLinkAboutCity of Tamarac Ordinance O-1969-003KI
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ORDINANCE NO. 3-69
BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
SECTION ONE: That the proper City
Officials of the City of Tamarac,
Florida, are hereby authorized and
directed to execute that certain
Service Agreement with Broward County,
Florida, a copy of which is attached
hereto and made a part hereof, as if
set forth in full herein.
SECTION TWO: That the subject matter
of this Ordinance being an emergency,
and the Council having voted unanimously,
passing the same on first, second and
third readings at the same meeting;
said Ordinance shall be passed on first,
second and third readings at the same
meeting.
PASSED FIRST READING December 17, 1968.
PASSED SECOND READING December 17, 1968.
PASSED THIRD READING December 17, 1968.
W-
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Mayor
Attest:
e
1
l
ORDINANCE NO. 3-69
BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
SECTION ONE: That the proper City
Officials of the City of Tamarac,
Florida, are hereby authorized and
directed to execute that certain
Service Agreement with Broward County,
Florida, a copy of which is attached
hereto and made a part hereof, as if
set forth in full herein.
SECTION TWO: That the subject matter
of this Ordinance being an emergency,
and the Council having voted unanimously,
passing the same on first, second and
third readings at the same meeting;
said Ordinance shall be passed on first,
second and third readings at the same
meeting.
PASSED FIRST READING December 17, 1968.
PASSED SECOND READING December 17, 1968.
PASSED THIRD READING December 17, 1968.
Mayor - -
Attest:
n
e
S E R V I C E A G R F, E M E N T
THIS AGREEMENT,
r + MADE A ENT'RED INTO at Fort Lauderdale, Broward County, Florida,
4 this J day of b-Pit` , 1968, by and between BRCWARD COUNTY, a
1 political subdivision of the State of Florida, hereinafter called "COUNTY"
�,wme and the CITY OF TAMARAC, a municipal corporation, hereinafter called "CITY".
WITNT',ST'7111
WHEREAS, COUNTY is the owner and operator of a modern water treat-
ment and pumping plant and sewage treatment plant, together with water dis-
tribution and sewage collection facilities known as "BROWARD COUNTY 1,:ATER
AND SEWER SYSTEM NO. 5"; and
WHEREAS, CITY owns or controls the property situate, lying and
being in Broward County, Florida, as described in EXHIBIT "A" attached
hereto and made a part hereof; and all references hereinafter contained
to "CITY PROPERTY" mean the property herein referred to; and
WHEREAS, CITY is desirous of procuring water supply and sewage
disposal service from COUNTY for the improvements to be constructed on
CITY PROPERTY; and
WHEREAS, the parties hereto desire to enter into an agreement
setting forth mutual understandings and undertakings regarding the fur-
nishing of said water and sewer service by COUNTY to the property hire-
"" inabove referred to,
NOW, THEREFORE, for and in consideration, of the mutual covenants
and undertakings of the parties hereto, and other good and valuable con-
siderations, the parties hereto covenant and agree, each with the other
as follows:
I
(A) The term "CITY" includes all parcels of land located within
those limits herein described on EXl1I31IT "A".
(B) The term "RESIDENTIAL" shall hereinafter refer to those
CITY properties upon which structures are being constructed or are to
be constructed, resulting in land unage as described in the following
articles defining Zoning Districts as found in the ZONING PEGULA1•IO:;S
OF BRO14ARD COUNTY, FLORIDA, as amended to January 19, 1968: Articles
XI, XVIII, XIX, XX, XX-A, XXI, XXII, XXIII and XX1V O',Xcludinl; Seet.i.on 6,
referring to schools), and XXX, and those buildings being constructed, or
to be constructed, for the purpose of community recreation as operated
and maintained by CITY in conjunction with contractual agreement with,
and for use by, the owners or occupants of said living units.
,w;•,� u y ,,; �. (C) The term "COMMERCIAL" shall hcrei.nafter refer to all.
CITY proprr,ticu that are, or shall be used for, or dreiil;nnced far,
Any use other thnn those defined hercinabove an "Rl:` 11)I:fJTfAI,". Thi::
shall apply to all such properties, whether adjacent to one: another
or in widely sopnratod loentionn within CTTY nn horrin de:icribc'd.
(D) Tho term "POINT OF DELIVERY" shall, 1lortA,wtfter re•ft,r
to CITY side of Master Water Meter or Meters.
(E) The term "POINT OF COLLECTION" shall hereinafter refer
to COUNTY side of Master Sewage Meter or Meters.
_ 1
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(A) It will be the obligation of CITY, at its expense, to
design, construct and install water distribution and/or sewage col-
lection lines serving all RESIDENTIAL property over and across CITY
property in accordance with plans, specifications and engineering data
to be approved by the Florida State Board of Health and Broward County
..:-.....Health Department, and said water distribution and/or sewage collection
lines will be installed and connected to COUNTY water distribution and/
or sewage collection lines through meters herein described, all of which
work shall be paid for by CITY.
(B) CITY will, at its expense, retain the services of a
registered professional engineer to prepare plans and specifications
for the water distribution and/or sewage collection system serving
said RESIDENTIAL property. Said engineer is to be retained to provide
necessary inspection and supervision of the construction of said system
or systems to insure that all construction thereof is at all tines in
compliance with accepted sanitary engineering practice and the plans
and specifications applying thereto. CITY shall notify COUNTY'S
Consulting Engineer and/or Utilities Director where said system or
systems are to be connected to CITY water distribution and/or sewage
Collection system to make possible their being present at time of
final tests for determination of conformance to plans and specifi-
cations.
(C) CITY shall have the exclusive right, power and responsi-
bility to construct, repair, maintain and operate all facilities nec-
essary to provide adequate water distribution and sewage collection
service, as herein described, to all CITY PROPERTY, EXCLUSIVC of all
present or future COMMERCIAL property or properties located therein,
on CITY side of Master Water and/or Sewage Meter or Meters.
(D) CITY shall have the obligation to accept all water for
such service from COUNTY at Point of Delivery as herein described and
provided, and CITY shall have the obligation to deliver for treatment
all sewage from said CITY PROPERTY to Point of Collection as herein
described and provided.
(E) The water distribution system constructed and mnintained
by CITY shall be designed to meet fire flow criteria and all plans and
Specifications for said system must meet the standards of and be
approved by the Florida State Board of Health.
(F) CITY shall provide sewage pumping capacity to deliver
sewage through COUNTY mains into COUNTY sewage primary influent struc-
ture at COU11"y nc1"90 t"Atment pinnl' of 11ROWAR11 COUNTY WA'I V.1; Ailh
SYSTEM NO. 5.
(C) CITY shall purchase and install Master Water, Meter or
Meters and Master Sewage Meter or Meters, as required to serve CITY
RESIDENTIAL PROPERTIES. Said meters are to be of a type, make, size
and model as approved by COUNTY'S Consulting Engineer and/or, Uti.l.itics
Director. After installation, inspection and approval by COUNTY'S
Consulting Engineer and/or Utilities Director, said meters shall be
deeded to COUNTY by CITY and subject to COUNTY maintenance, repair
and operation thereafter as provided herein.
(11) CITY ftirtllor agrees to Convey to C.OIINTY without. cork,
title to al.l water transmission mains, sewage collection mains, valves,
pumping stations, meters and related facilities that have been installed
by CITY and/or its assigns previous to the cxec11t.i.pu of this :\1;rc•,
in the obtaining of temporary service from BROWARD COUNTY WATKI•: AND
SETTER SYSTEM NO. 5, and that will remain on COUNTY side of the Master
Water and Master Sewage Motors pursuant to this Agreement.
-2 - ZCP�
(I) CITY shall notify COUNTY before any construction or
work involving connection to and/or resulting in chan;;r:n to 'i:.rste.
Wator Meters and/or Dlastor Sewage Motors a% herein pruvidr.td. S:rid
notification shall be in writing and shall be received by COUNTY at
least twenty-four (24) hours in advance of required inspection.
Any such work to be performed by CITY.for later transfer to COUNTY,
as herein required, may not be commenced until all plans, specifica-
tions and/or materials covering the work are approved in writing by
COUNTY'S Consulting Engineer and/or Utilities Director. Said work,
pursuant to the provisions set forth, shall. be in accordance with
all requirements of the Florida State Board of health and the Browar3
County Health Department.
(J) CITY shall convey to COUNTY without cost to COUNTY,
by good and sufficient easement deed, a perpetual right, easement
and privilege to operate and maintain all water transmission mains,
sewage collection mains, pipes, connections, pumps and meters in
connection with the supplying of water and sewer service to CITY by
COUNTY where such facilities are, or may be, located on property
owned by the CITY within CITY in the fulfilling of COUNTY'S obligation
to serve COMMERCIAL properties pursuant to this Agreement, together
with a perpetual right, easement and privilege unto COUNTY, its suc-
cessors and assigns, to go over and upon the land or lands where said
COUNTY mains, pumping stations and related facilities are located in
order for COUNTY, its successors and assigns, to maintain, repair or
replace same. CITY further agrees that these easement deeds shall
include a fifteen foot (15 ft.) utility easement running parallel
and contiguous to the west right-of-way line of State Road No. 7
(U."S. 441) for the entire frontage of CITY property as existing
at time of execution of this Agreement, and which is ownec'. Iy the
CITY now or hereafter.
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(K) COUNTY reserves the right to require CITY to install
- whatever devices, mechanisms or safeguards are required to prevent
backflow through the Point of Delivery into COUNTY water system; and
to require pretreatment of any waste other than normal, domestic sewage,
if any, to be disposed of by CITY through the Point of Collection.
The disposal of such wastes shall be permitted only upon prior noti-
_.....--fication by CITY to COUNTY as to character and quantity of same and
confirmation by COUNTY as to acceptability of pretreated wastes here-
inabove described. No flammable or volatile wastes shall be discharged
into COUNTY'S system.
(L) CITY shall replace, repair or otherv:ise correct,
within thirty (30) clays of notification to do so by COUNTY, any
structural collapse, failure or condition that might exist or develop
in the sanitary sewer system or systems on CITY side of the Master
Water or Sewage Meter or Meters that permit abnormal infiltration
into said sewer mains and if deemed by COUNTY as thereby detrimental
to safe and efficient operation of COUNTY Sewage Meters, Mains, pumps
and treatment: plant facilities.
(M) Failure of. CITY to comply with the provisions of this
-... �« r..�•T,;- ,.,.•-, Agreement will be considered just cause for COUNTY to refuse accept-
ance of sewage from CITY, and service will be terminated by COUNTY
until said conditions are corrected, and CITY'S sewage effluent is
acceptable to COUNTY.
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-I-
(N) M)( The obligation of COUNTY to furnish services herein
described shall not arise until CITY has completed construction of
the facilities required to be constructed by CITY pursuant to this
Agreement and has conveyed title to COUNTY of those facilities re-
quiring conveyance to COUNTY.
(p) j(>( CITY shall furnish COUNTY, prior to execution of this
Agreement, with an affidavit that all persons, firms, or corporations
who furnished CITY and/or its assigns, labor or materials used directly
or indirectly in the prosecution of: all work required in Lhe prnvi::inn
mow= of those facilities constructed by CITY and conveyed to COUNTY Pur.::uaut
to this Agreement have been paid.
(p) = CITY agrees to hold COUNTY harmless from any liability
or legal action which may be brought by anyone in which CITY and/or
COUNTY may be made defendants or become liable on account of the
execution of this Agreement.
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(Q) )SOX CITY shall pay COUNTY for water service at Points of
Delivery in accordance with those sections of the Rate Schedule of
monthly charges for water service for BROWARD COUNTY WATER AND SEWER
SYSTEM NO. 5, according to the Rate Resolution adopted by the Board
of County Commissioners on September 10, 1965 and amenrlcd on December
27, 19G6 and on July 25, 1967, and including nny s1zlir,ory„r•I11 nmcmhm•nts
thereto, as described in 1:X1ITUIT " B" attached hereto and 11-do :1 pat r.
hereof, which refer to "Master Metered Residential Conanunity Service".
It shall be the responsibility of CITY to provide COUNTY with adequate
written records necessary to determine the amount of such payment. Said
records are to include the initial number of living units and other struc-
tures on CITY RESIDENTIAL properties that receive, or will receive, COL^:TY
water service at the time of the execution of this Agreement. Such records
shall be supplied within the first ten (10) days of each month thereafter.
(R)WX CITY shall pay COUNTY for sewage collection service at
Point of Collection in accordance with those sections of the Rate
Schedule of monthly charges for sewer service established for BROWARD
COUNTY WATER AND SEWER SYSTEM NO. 5, according to the Rate Recalut-ion
adopted by the Board of County Convminoi.onern on September 10, 1965
and amended on December 27, 1966 and on July 25, 1967, and including
any subsequent amendments thereto, as described in EXHIBIT "C"
attached hereto and made a part hereof, which refer to '14aster Metered
Residential Service". It shall be the responsibility of CITY to
provide COUNTY with adequate written records to determine the amount
of such payment. Said records are to include the initial number of
living units and other structures, and the respective number of baths
therein, on CITY RESIDENTIAL properties that receive, or will receive,
COUNTY newel- service at tho time of the execution of this Agreement.
Such records shall be supplied within the first ten (10) d;IY�; of c.IL'II
month thereafter.
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(S) MX Prior to the execution of this Agreement, CITY shall
deposit with COUNTY the sum of THREE HUNDRED AND FIFTY DOLL:MS
($350.00) an a Security Deposit for up to the first one hundrnrl (100)
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residential units on CITY property and connected to CITY water and
sewer system, with the following schedule to apply as units ire com-
pleted in excess of said first one hundred (100):
Number of Units Connected Securi.tyDeLgsic
101, through 399 $ 1 ,750.00
400 through 699 3,850,00
700 through 999 5,950.00
1,000 through 1,299 8,050.00
All over 1,300 10,000.00
The balance of said Security Deposit, less any sums that may be due
COUNTY by CITY at that time, shall be refunded to CITY upon termin-
ation of. this Agreement.
Anything in this subparagraph to the cont.rar'y nntc,'ithstand
ing, it is agreed betwcon the parties that the Security Deposit rcquirec':
herchy may be snt.isfied by CITY assigning to COUNTY a portion of utility
deposits collected by it from users of the water and scwcr .:Ystcrll,
which funds are on deposit in a local banking institution, in an
amount equal to the amount of such Security Deposit as may be required
from time to time.
(T) Failure or refusal of CITY to pay all or any parts of
any water and/or sewer charge, as herein set forth, within sixty (60)
days after same has been submitted to the CITY by COUNTY, shall give
COUNTY the right to apply the Security Deposit hereinabove described
to the satisfaction of said amount, and/or to enforce the provisions
of applicable statutes and resolutions providing for discontinuance
of water and sewer service to CITY by COUNTY until such patit due
indebtedness is paid and said Security Deposit is restored thereby
to its full. amount required hercinabovo.
I11
(A) It -shall be the obligation of the COUNTY to furnish
water of the quality and purity for domestic use meeting the same
standards required by the Florida State Board of Health to CITY
PROPERTY through a Plaster Water Meter or Meters at "Point of Delivery"
at a pressure to meet reasonable domestic requirements.
(B) COUNTY shall supply at all times, except where pre -
Vented by acts of (;od or c irc:uptstnntef; I,ryond thn cont:rnl of (-,nU;TY
as, liereinheIow desc'.r•ihed, a quantity of wal'c•r al faint rl 01,1ivery
for the use of CITY of a standard hereinabove described Unuc!r adcquat4:
pressure for domestic use at the taps or water outlets oil and about
said CITY PROPERTY at ground level.
(C) COUNTY shall furnish sewage treatment and disposal
Service for CITY PROPERTY through a Master Sewage P-ieter or 'Icters
at "Point of Collection".
(D) COUNTY shall be liable and responsible for the main
tenance and operation of all water transmission mains, selaag(' collec-
tion mains, pipes, connections, meters, pumps and allrelated facilitie
in connection with supplying water and/or sewer service to the inhat)i-
tantr, occip ants and customers on COUNTY side of ?Ulster Eater. and/or
Sewer Motor or. Meters upon completion of the insicillatic,n of said
facilities and convcyancc of title to same., tog;<,Jher with the: pro-
vision of oasements ns roquircd for access in cniac, by (:I'I)' to COWTI`.'
as provided herein.
(E) COUNI'Y shall have the non-exclusive right and resnon-
sibi.l.ity to provide service, metering of and billing; for water dis-
tribution and sewage collection service to all present and future
CO`.TMERCIAi, properties, as located on or adjac<:nt. to t.lre chore do
cribed present or future CITY PROPERTY.
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It is mutually covenanted and agreed by and hctwnen the p:,rl'ies
:_ ......,_. x.:-.........�.. hereto, ns follows:
(1) The parties herein mutually covenanting and
agreeing hereto shall have the right to sell,
transfer or assign their interest in this Agree-
ment, but any such sale transfer or assignment
shall be subject in all respects to the terms of
this Agreement and to the obligations of the
parties hereto.
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(2) Any temporary cessation or interruption of
the furrli.shi.nf, of water and scorer servi.cc to CITY
caused by an Act of God, fires, strikes, casualties,
accidents, power failures, necessary maintenance
work, breakdowns, damage to mains, equipment and/or
other facilities, Civil or Military authority,
riots or other cause beyond the control of COU1,1TY
shall not constitute a breach of the provisions
contained herein, or impose liability upon COUNTY
by CITY, its successors or assigns.
11pI1-
(3) COUNTY shall have the/exclusive right to furnish
to all C1.TY PROPERTY all domestic outer and sower
uer.vlc.e ncl drf.i.nnd, dcacribed and nFrcr•ll ha.rcfn for
n 114u•1.od of. 30 (thir.ty) yenrs w{ru!rr+cy�r^c of 7r. uy
�C:oeRrvlXa k<nr,rof.^w+ertmc�tr�lren•�gLKrr+�lr+srr+nmtnrx, rhm r.«�r^rv+r ,
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V
(A) The provisions of this Agreement shall be bittdinu upon
and inure to the benefit of the successors and assigns of the pirtics
hereto.
(B) Failure of CITY to meet the requirements neccssa:
for execution of this Agreement within forty-fi.ve (45) day; nfl:rr
PUbmissioll tlt CITY Ily (:nINTY, nhn11 result in itr, wiill,lra�•,:,1.
•
(C) If any section, subsection, clause, phrase or portia':
of this Agreement is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be dec,-.ad
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
(D) This Agreoment is being recorded anion;; the public Pecnrds
Of Brownr.d County, Vlori,da, for the pnrti.cular pur.pnnr (,t plru:ini; :111
owners or occupants of properties in CITY connected to or to be connected
to the said water and sewerage system of COUNTY upon notice of each and
every one of the provisions herein contained, to the same extent and
with the same force and effect as if said owners and occupants had joined
with the parties to the Agreement in the execution thereof; and the ac-
quisition or occupancy of property in CITY connected to or to be connected
to the said water and sewage systems of COUNTY shall be deemed conclusive
evidence of the fact that the said owners or occupants consented to and
accepted the Agreement herein contained and have became bound thereby.
'vV
MM
, " i' ,. Jr. : , .
EXHIBIT "A"
ALL of Lots 13, 14 and 15, of Section 12, Toy-:nship 49 South, .
Range 41. East, according to the plat thereof of FORT LAUDERi)_II,E 'TRUCK
FARMS SUBDIVISION, as recorded in Plat Book 4, Page 31, of the F4,blic
Records of Broward County, Florida, less the Right -of -'','ay of the Sunshine
State Parkway, TOGETHIiR with Lots 1 through 1.5, i.nclusIve, of Section 13,
Township 49 Sollth, Range 41 East, of said ].'f.L':1' I.AUM',M)ALT: 'J'I;u(:I; 1'AlIMS
SUBDIVISION, Less the Right -of -Way of the Sunshine State Varkw�ly, and less
the Right -of -Way of S. R. No. 7 (US441), and less the following described
parcel.:
Conunencing at the Northwest corner of Section 13, To�.ncship 49
South, Range 41 East, Broward County, Florida; thence Southerly
along the West boundary of said Section 13, a di.stince of 1254-L;'
feet to a point; said Point being the Point of 13egi.nni.ng of
this description; thence East on an included angle of 90 dec.rees,
a distance of 375 feet to a point; thence South on an included
angle of 90 degrees, a distance of 165 feet to a point; thence
West on an included angle of 90 degrees, a distance of 375 feet
to a po:iirt; thence North along tl,c West hnund.•Ir`y of, said Scctin
13, on an included angle of 90 de,'s,recs, a disL.•n,c•r of 365 meet
to the Point of Beginning; the West 25 fe(.t thereof hcincr
reserved for Roadway Purposes; and less that portion of Lot 13
Of said SCOtiOn 1.3 lying West of the Snncl,ino Stnl-(- P.irkwny;
containing 6117.35 acres, more or less.
ALL of Section I4, Township 119 South, Range 41 East, accordino� to
the plat thereof, of FORT LAUDERDALE TRUCK 1'nliil5 S11BI)IV1S10`:, as recovdc'J
in Plat Book 4, Page 31, of the Public Records of Broward County, Floric'.a:
LESS the Southeast One -Quarter (SE-") of the Southeast One -Quarter (SE"-) of
the Southeast One -Quarter (SE-4) of said Section I4; containing 619.71 acres
more or less.
I (l 01 fi c%Hon Lin.^.
is
E MBIT "Btr
RATL 5CII1:011L11 01' i ONTIILl' CIIAIt('jI:S ).'OR WATI:1; 51:11Vl.('I: (:!,TA IT,l:'!II:1) V011
BROV,'Ail) COUNTY ltiANR A.',!I) SIaJCR S1'STI;M NO, ; ACCM1,011•;(: '1'(1 'I:W RilM
I:CSOLUVIO;: AD(WITI) 111' 1.11I: BOARD 01' COUNTY CIi' l.SSLU`.l:liti ON SCIYTI:i;ItCl,
10, 1.905 AND ANENIw1:11 0\ f11:Cla!i1CR 27, 1(JG(1 :VND ON WT.,' 25, 10G7.
] . General l:;.itc tir•l;�•clrc.lr•-
hli.nimur.( _ 4,i1t10 Gallons or Less $3.50 P-I- r1 ar,l,
Ncxt 2,000 Callon-: .50 L'et- 1 , ,M)
\oxt 20,Oi;(I Oallons .110 T'rr 1 ,011i, Gal _• n1IS
\t•Xt V10,0110 Cal.l.ons .35 Pvv 1 ,000 .,_,....:ins
A].L ovor 1.26,000 Cal.lnns .30 Per 1 ,0011 C_I i I otis
2.
Sl,rn_i 1_i (•rl
Grnera.l Rnt(• Schedul(^ Applicublo
. Pltiarl,a [ll (� l'ain`i. l ��,(Ir1,i�L_:Irry f t:v
General. I:at(' SCIu^dn1.c Applicable (xcel,l' that I Iv rrinir
clear;;(^ sh:tl.l. be $3.50 for the first uu.it I)lus �Z1 .110 l v+•
odtli:l'.i,nnnl. unit, hlinimun. usal�a is doLcumi,lw(I I,., Wiit.[rwn
char�r.
It. 11ott•1, Mota'I and Tunilrr IWirk Service:
Gnnrrral, Rat(, Sehotlrtlo Applicable vxc:vpt- thoL n:iriil;v;;i
shall. he $3.50 For i'irst wilt pin5 c; .50 ('(n• ("a(•it
M.i.nirntun usugo is dctermined by min i nto t
S. 1!ul!_I_iC;_`It:1Lnr11•_.and _tlr,;•:.Dit_ul s4-rvi(.�(_:
Ceneral Rate Seheuul(^ Applicoblo ex(:: pt that mirwi-rtuu
shall be $12.50 for 26,000 gallons, or .loss.
6. 1•'ivt• Itv(lz•ant Avul-lobVIALy_: $0.25 I•(-(• N nth
7. Private 1,5rc Prntccti.on SrrvCce:
fire hydr(tnts located oil private plop(-rty tiS_Utl
Awttomovi.r.. Spr.i,nlaer Systems:
first 50O sprinkler Loud-,, or 1(�ss S6.25
AIJ in (^xecs:: or 500 sprinklev lto ids Or)', I:nrh
B. Mastnr P4(:ter.etL Residential :nn nunity tinrvj.ov
Gt:rlcrul RaLu SdIC-dLI-1-C 111plicablo dcrLermi(ted Uy nn(ll.1111%, n"
number of dwelling units by m.ininmm charge, ovov,gry to be
paid For at applicable rate determined by di.vidiiig r.u,bor of
units into ncunber of -all ons over m_inimwn./ .
-9-
MUM 110
R/1'1E SCIICUIME 01' MONTHLY CHARGES FOR SlUER SERVICE I:STA11T.IS!II'.I) VOR
11ROWARII COIIN'I'Y WA'I'I:R AND SlACIt SYS'II:M NO. 5 ACCORDING TO 'flit: IWI•C
RESOLUTION AU01"I'I:I) I1Y 'I'111; BOARD 01' C0RNTY (:O,.VIi::iIO.:I:Rti M ti1:111'I:illa:i.
10, 1965 AND AMI:NOIA) ON DECI:MRI:R 27, 10GL AND ON .IIII,Y
1. Residential. Service:
One (l-) [lath $3.50
One and a hal f (VA or more Ratlts 11 .50
2. Municipal and Conunc rci.al._ Iluless 0thrrtr.isr Sprt if ied:
Monthly Chart
e equal. to 100'of watt, bill., but itt no
event 'Ie.;:s than $.35 por 1,000 gal Imit:; Minimum ehnr;;r
$3.50.
3, hlu].i tlr I ami 1yIln,ii ,vvVi.(•e:
flat Rote Choruo ediutl. to $3.50 for 1•irst UniL plus
$1.75 l'or cacti Additional Unit.
t{. 110tc1. Mntcl. and Trniler Park Service:
Flat Rate Charge equal to $3.50 for first lhii.t plus S1.00
for cacti Additional Unit. -
5. Publ.i.c School. and_IlospRal. _Service:
Mont•lily Char ;a r•quitl to 1.01P1, of W;rLC?• I1i11
G. Ma ,t•r�•r. hh,lrrc tl Rr : itlrrt�l':iul Cniwuint.i Ly �:r•ry irr
Resi.den t'iA.l I::rl'r. Scltc(luj r. appl i(;uhl e .
-10-
VI
Whenever either party desires to give notice unto the other,
it must be given by written notice, sent by registered United States
mail, with return receipt requested, addressed to the party for woa
it is intended, at the place last specified as the place for giving
.....of notice, shall remain such until it shall have been changed by
Written notice given in compliance with the provisions of this para-
graph. For the present, the parties designate the following as the
respective places for the giving of notice, to -wit:
FOR BROWARD COUNTY: Room 480
County Courtliouue
Fort Lauderdale, Florida 33101
FOR CITY OF TADIARAC: 780 N. W. 44th Street
Fort Lauderdale, Florida
. Notice so addressed and sent by registered mail, with return
receipt requested, shall be deemed given when it shall have been so
deposited in the United States registered mails.
-11-
I
����� +�:;d: yip-;.k�r,;.�ws�.wrwrh�,�•;,.. .
M
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year first hereinabo,e wri.ttcn
BOARD OF COUNTY COMISSIOVE?S
BROWARD COUNTY, FLORIDA
By:
Chairman
Attest: _
Clerk
Signed, sealed and deliv-
ered in the presence of:
(As to COUNTY)
CITY OF TAMRAC
BROWARD COUNTY, FLORIDA
By,
I-Layor
Attest: q
City leek
(As to CITY)
STA'117, OF FLORIDA )
COUNTY OF BROWARD )
I HEREBY CERTIFY That on this 17th_ day of _ necemhcr_,
1968, before mIA
e personally appeared IVTLLAI A. MO RS 1� �,
and W. C. KELLY T to me knot n to be
the person(s) described in and who executed the foregoing Agreement and
t hey (have) (has) acknowledged the execution thereof to betheir
free act and deed for the uses and purposes therein mentioned.
WITNESS my signature and official seal at Fort Lauderdale
1.11 the County of 1lroward and Statc of Florida, the clay iiid yc•nr afnrr aid.
My Conuaission Expires:
Notary Public
S E R V I C E A G R E E M E N T
THIS AGREEMENT,
M DE A ENTERED INTO at Fort Lauderdale, Broward County, Florida,
this J�day of / �f" , 1968, by and between BROWARD COl1,dTY, a
political subdivision of the State of Florida, hereinafter called "COUNTY"
and the CITY OF TAMARAC, a municipal corporation, hereinafter called "CITY".
WITN1:StiEll I
WHEREAS, COUNTY is the owner and operator of a modern water treat-
ment and pumping plant and sewage treatment plant, together with water dis-
tribution and sewage collection facilities known as "BROWARD COUNTY WATER
AND SEWER SYSTEM NO. 511; and
WHEREAS, CITY owns or controls the property situate, lying and
being in Broward County, Florida, as described in EXHIBIT "A" attached
hereto and made a part hereof; and all references hereinafter contained
to "CITY PROPERTY" mean the property herein referred to; and
WHERF.AS, CITY is desirous of procuring water supply and sewage
disposal service from COUNTY for the improvements to be constructed on
CITY PROPERTY; and
WHEREAS, the parties hereto desire to enter into an agreement
setting forth mutual understandings and undertakings regarding the fur-
nishing of said water and sewer service by COUNTY to the property liege-•
inabove referred to,
NOW, THEREFORE, for and in consideration of the mutual covenants
and undertakings of the parties hereto, and other good and valuable con-
siderations, the parties hereto covenant and agree, each with the other
as follows:
I
(A) The term "CITY" includes all parcels of land located within
those limits, here -In described on EXIlIBIT "A".
(B) The term "RESIDENTIAL" shall hereinafter refer to those
CITY properties upon which structures are being constructed or are to
be constructed, resulting in land usage as described in the follo.,7ing,
articles defining Zoning Districts as found in the ZONIINC RLGULATIO:;S
OF BROWARD COUNTY, FLORIDA, as amended to January 19, 1968: Articles
XI, XVIII, XIX, XX, XX-A, XXT, XXIT, XXIII and XXIV (Excluding Section 6,
referring to schools), and XXX, and those buildings being constructed, or
to be constructed, for the purpose of community recreation as operated
and maintained by CITY in conjunction with contractual agreement with,
and for use by, the owners or occupants of said living units.
(C) The term "COMMERCIAL" shall hereinafter refer to ill.
CT.TY proprrt',l oo tbat are, or shall. be, urscd for, or de,,;ignot eti for,
any tiso oth(�,v lltiose defined hereinabovc art "ltls`rI11s1;fJ';I'l/,1',". T111.c;
shall apply to all such properties, whether adjacent: to one another.
or, 1.11 widely sep;aratc d l.ocaticnis wi.lhin CITY nr; hcrrc l n cic -;r, I l c l .
(D) J'ha tcrta "VOTNT OF I. SLIVERY" slanl.l. lie ra�l.n:af tc r r: c rc,r
to CITY side of Master Water Meter or Meters.
(E). The term "POINT OF COLLECTION" shall hereinafter refer
to COUNTY side of Master Sewage Meter or Meters.
Ll
a
xI
(A) It. will. be the obligation of CITY, at its expense, to
design, construct and install water distribution and/or sewage col-
lection lines serving all RESIDENTIAL property over and across CITY
property in accordance with plans, specifications and engineering data
to be approved by the Florida State Board of Health and Broward County
Health Department, and said water distribution and/or sewage collection
lines will be installed and connected to COUNTY water distribution and/
or sewage collection lines through meters herein described, all of which
work shall be paid for by CITY.
(B) CITY will, at.its expense, retain the services of a
registered professional engineer to prepare plans and specifications
for the water distribution and/or sewage collection system serving
said RESIDENTIAL property. Said engineer is to be retained to provide
necessary inspection and supervision of the construction of said system
or systems to insure that all construction thereof is at all times in
compliance with accepted sanitary engineering practice and the plans
and specifications applying thereto. CITY shall notify COUNTY'S
Consulting Engineer and/or Utilities Director where said system or
systems are to be connected to CITY water distribution and/or sewage
collection system to make possible their being present at time of
final tests for determination of conformance to plans and specifi-
cations.
(C) CITY shall have the exclusive right, power and responsi-
bility to construct, repair, maintain and operate all facilities nec-
essary to provide adequate water distribution and sewage collection
service, as herein described, to all CITY PROPERTY, EXCLUSIVE of all
present or future COIvKERCIAL property or properties located therein,
on CITY side of Master Water and/or Sewage Meter or Meters.
(D) CITY shall have the obligation to accept all water for
such service from COUNTY at Point of Delivery as herein described and
provided, and CITY shall have the obligation to deliver for treatment
all sewage from said CITY PROPERTY to Point of Collection as herein
described and provided.
(E) The water distribution system constructed and mnintainccT
by CITY shall be designed to meet fire flow criteria and all plans and
specifications for said system must meet the standards of: and be
approved by the Florida State Board of Health.
(F) CITY shall provide sewage pumping capacity to deliver
sewage through COUNTY mains into COUNTY sewage primary influent struc-
ture at COUNTY r1eWnF,e VI:Vntmtmt plant of BROWATU) COUNTY WV1?I; ANO
SYSTEM NO. 5.
(G) CITY shall purchase and install Master Water. Meter or
Meters and Master Sewage Meter or Meters, as required to serve CITY
RESIDENTIAL PROPERTIES. Said meters are to be of a type, make, size
and model as approved by COUNTY'S Consulting Engineer and/or. Uti.l.itie-s
Director. After installation, inspection and approval. by COUrFY'S
Consulting Engineer and/or Utilities Director, said meters sh.il.l be
deeded to COUNTY by CITY and subject to COUNTY maintenance, repair
and operation thereafter as provided herein.
(TI) CITY further agroee to convoy to c0t,1N'I"j w-Lth()ut. co^l.,
title to all writer transmission, mains, sewage collection mains, valves,
pumping stations, meters and related facilities that have. hoen i.nstallecl
by CITY. and/or its assigns previous to the executA.oil of th.i.
in the obtaining of temporary service from BROWARD COUNTY WATER AND
SEGTER SYSTEM NO. 5, and that will remain on COUNTY side of the Master
Water and Master Sewage Meters pursuant to this Agreement.
-2-
(I) CITY shall notify COUNTY before any construction or
work involving connection to and/or resulting in
Water Motor.,; and/car Nla!;tcr Sewago Meters as hc;r(,� i n lrr rev i dI '(I. S,I i.d
notification shall be in writing and shall be received by COUNTY at
least twenty-four (24) hours in advance of required inspection.
Any such work to be performed by CITY for later transfer to COUNTY,
as herein required, may not be commenced until all plans, specifica-
tions and/or materials covering the work are approved in writing by
COUNTY'S Consulting Engineer and/or Utilities Director. Said work,
pursuant to the provisions set forth, shall. be in accordance with
all requirements of the Florida State Board of tical.th and the Broward
County Health Department.
(J) CITY shall convey to COUNTY without cost to COUNTY,
by good and sufficient easement deed, a perpetual right, easement
and privilege to operate and maintain all. water transmission mains,
sewage collection mains , pi.pes , connections , pumps �.ind meters iri
connection with the supplying of water and sewer service to CITY by
COUNTY where such facilities are, or may be, located on property
owned by the CITY within CITY in the fulfilling of COUNTY'S obligation
to serve COMMERCIAL properties pursuant to this Agreement, together
with a perpetual right, easement and privilege unto COUNTY, its suc-
cessors and assigns, to go over and upon the land or lands where said
COUNTY mains, pumping stations and related facilities are located in
order for COUNTY, its successors and assigns, to maintain, repair or
replace same. CITY further agrees that these easement deeds shall
include a fifteen foot (15 ft.) utility easement running parallel
and contiguous to the west right-of-way line of State Road No. 7
(U."S. 441) for the entire frontage of CITY property as existing
at time of execution of this Agreement, and which is o;ancci by t'ie
CITY now or hereafter.
(IC) COUNTY reserves the right to require CITY to install
whatever devices, mechanisms or safeguards are required to prevent
backflow through the Point of Delivery into COUNTY water system; and
to require pretreatment of any waste other than normal. domestic sewage,
if any, to be disposed of by CITY through the Point: of Collection.
The disposal. of such wastes shall be permitted only upon prior noti-
fication by CITY to COUNTY as to character and ctuant.ity of same and
confirmation by COUNTY as to acceptability of pretreated wastes here-
inabove described. No flammable or volatile wastes shall be discharged
into COUNTY'S system.
(L) CITY shall replace, repair or others-:ise correct,
within thirty (30) clays of notification to do so by COIJIN 'Y, any
structural collapse, failure or condition that might exist or develop
in the sanitary sewer system or systems on CITY side of the Master
Water or Sewage Meter or Meters that permit abnormalinfiltration
into said sewer mains and if deemed by COUNTY as thereby detrimental
to safe and efficient operation of COUNTY Sewage Meters, Mains, pumps
and treatment: plant facilities.
(M) failure of CITY to comply with the provic;icns of this
Agreement wi.l.l be considered just cause for COUNTY to refuse accept-
ance of sewage from CITY, and service will be terminated by COUNTY
until said conditions are, corrected, and CITY' S scwcirc, effluent, is
acceptable to COUNTY.
3-
1)
..0
(N) (ft The obligation of COUNTY to furnish services herein
described shall not arise until CITY has completed construction of
the facilities required to be constructed by CITY pursuant to this
Agreement and has conveyed title to COUNTY of those facilities re-
quiring conveyance to COUNTY.
(Q). CITY shall furnish COUNTY, prior to execution of this
Agreement, with an affidavit that all persons, firms, or corporations
who furnished CITY and/or its assigns, labor or n•.tteri.a.ls used di.rcctly
or indirectly in the prot-jecution of: all work required In the proV1 ,;ion
of those facilities constructed by CITY and conveyed to CUlp,n'Y pursuant
to this Agreement have been paid.
(p) M CITY agrees to hold COUNTY harmless from any liability
or legal action which may be brought by anyone in which CITY and/or
COUNTY may be made defendants or become liable on account of the
execution of this Agreement.
(Q) W CITY shall pay COUNTY for water service at Points of
Delivery in accordance with those sections of the Rate Schedule of
monthly charges for water service for BROWARD COUNTY WATER AND SEVER
SYSTEM NO. 5, according to the Rate Resolution adopted by the Board
of County Commi.ss:I.oners on September. 10, 1.965 and amended on December.
27, 1.966 turd on Jtily 25, 1967, and 1.nciudinl; tiny rll1br;v(jktr.•1i1 11111 ntlin1tr:
thereto, as dencr.ibed lit EX111B T Min attached hc,rc to ntld lll;tdr rr lutrt.
hereof, which refer to 11 Master Metered Residential Corturtunity Service".
It shall be the responsibility of CITY to provide COUNTY with adequate
written records necessary to determine the amount of such payment. Said
records are to include the initial number of living units and other struc-
tures on CITY RESIDENTIAL properties that receive, or will receive, COUNTY
water service at the time of the execution of this Agreement. Such records
shall be supplied within the first ten (10) days of each month thereafter.
(R)WX CITY shall pay COUNTY for sewage collection service at
Point of Collection in accordance with those sections of the Pate
Schedule of monthly charges for sewer service established for BP.OidARD
COUNTY WATER AND SE4111 SYSTEM NO. 5, according to thrg Rato P-C!no711t-ion
adopted by the Board of County Corinin sionerr% on Septcnnber 1.0, 1.965
and amended on December 27, 1966 and on July 25, 1967, and i..nclucli.ni;
any subsequent amendments thereto, as described in EXIITBIT "C"
attached hereto and made a part hereof, which refer to "I•Iaster Metered
Residential Service". It shall be the responsibility of CITY to
provide COUNTY with adequate written records to determine the amount
of such payment. Said records are to include the initial number of
living units and other structures, and the respective number of baths
therein, on CITY RESIDENTIAL properties that receive, or will receive,
CO1TNTY sewer ;iorvi_co at the time of the execution of this Agreement.
Such records shall be. sulsplicd within the fiX.St. tc:n (1.0) c.irty:, of c.tc.11
month thereafter.
�C3fFQLurt1�A�Pr,;i"�C:'F,9'f'+•+�1"k�Ffl(liY�.'i741•f C7'I'tY"71��"17C.'t/J7Y'�!C'+'^'�,+"D'�.�'�.'C'C'"t'"�"C1fY"�'ITtI'R'S.%Tfl^'T'IC'T."(r•� •,r„7^f" �^C.1" :1"G: f�'V"C
'C�1",t'-�t^t�^-�r. t;nre�^rrf*"mixer.�T't�3:�prt�'�vi�irfimwh�t*�ern++nrrt�r.
{.}�^}"'a"(��'��•a�t�lrl�pa�}�6faUl�i�'-Y.�,F�6�s�3�•�r►rr�r.xw:--�c�.�-,.y���.��lxi.i..'.��:. �:r.ra��
Tr'rx'ci.."�'p°�t7x"'.1qe'9.�""�,�•I�i.}�,,,r3.�ilf}PPiRT•YCitsRsl� nr#te�C'}.vF':):'+G'1!;}'.C.i�'1•}: j���i:3mr��:•��*.27�K�
'crd'4�t2t�=�-�t°r��l-��tt�g>�•tT:�=��-�t�1-at;�rsge'-�;h:�1.-1;�-bc-c:z�,l�•�..•..::�•..•��!�_� - L
$ i iE''E 0, F. , C} Z it i Tt:="
i'c3t9^�rrii'"11ea(r't'.?�i�ac.a.£tag.7ejwnu1-�v±�c�ucv�ila'.,P�R'>i�t I'.-t:,i-G�t�r;.V�:S�� C �4:'(�•
�� �rti-�ec1~•.�l�a�:,i.k�r►��,.CJ�-'��{Ott<��i�i�rx:�:�1i::f':.,:�.il; s;�'.ic'.n) Ii�,
(S) M X Prior to the execution of this Agreement, CITY shall
deposit with COUNTY the sum of THREE HUNDRED AND FIFTY DOLLARS
($350.00) as a Security Deposit for up to the f-jrst one hundrrcl (100)
-
•
residential. units on CITY property and connected to CITY water and
sewer system, with the following schedule to apply as units are cam-
pleted in excess of said first one hundred (100):
Number
of Units
Connected
Se curi_ty Deposit
1.0:1.
through
390
$ 1 , 750 .tit)
400
through
699
3,8SQ.00
700
through
999
5,950.00
1,000
through
1,299
8,050.00
All over
1,300
10,000.00
ue
The balance of saitha ctame, Ishallit) less be refunded tosums
CITYauponmay
termin-
COUNTY by CITY a
ation of this Agreement.
Ariytl"r.i_n�; i.n tlra r� strt�Iaa"r tr�;rztplr t:c� 1;lic.: c:r�rlt r tI Y t�lrrrl.
rr,rtv�i t:.hs
ing, it is agreed between the parties that the `;ccurity Deposit rcquirccl
hereby rttay ho S;lt. i,fiecl by CITY issi gning to COMITY a pr,rt i or1 Of uti li ty
deposits collected by it from us ors of tlta w�rtc.r. and
which funds are on deposit in a local banking institution, in an
amount equal -to the amount of such Security Deposit as may be required
from time to time.
(T) Failure or refusal of CITY to pay all or any parts of
s herein set forth, within sixty (60)
any water and/or sewer charge, a
ed to the CITY by COUNT', shall give
days after same has been submitt
COUNTY the right to apply the security Deposit hereinabove described
to the satisfaction of said amount, and/or to enforce the provisions
of applicable statutes and resolutions pr.ovidinf; fox' cli5c.ontinuancc
of water and sewer service to CITY by COUNTY until suc;lr PU,;t duc
indebtedness is paid. and said Security Deposit is restored thereby
to i,t,s fall. amount, required hereinabove .
III
(A) It -shall be the obligation of. the COUNTY to furnish
water of the quality and purity for domestic use meeting the same
standards required by the Florida State Hoard of Health to CITY
PROPERTY through a Master Water Meter or P.teters at "Point of Delivery"
at a pressure to meet reasonable domestic requirements.
(B) COUNTY shall supply at all times, except where pre-
vc)nt curl by r\c•t r� of (;r:rcl or c i rcl.1111st;1nce ; c:;r,nt: rrrl of COIINTY
as de::;c:ribcd, a clucrrrt.ity ref` w;rt.c. r r1't Poilrt ,>I 11r,.1 ivar"y
for t11e use oC C,1.'1'Y of a standard herein_tbovc dcscril.rcrl t.rnr]cr acic:gtr:lt
pxe,strrc ror domestic use at the taps or water outlets on and about
said CITY l'ROP} R'1:'Y at ground ].eve]..
(C) COUNTY shall furnish sewage treatment and disposal
service for CITY PROPERTY through a Master Scwagc Metc;r Or Plcters
at "Point of Collection".
(D) COUNTY shall be liable and responsible for the main-
tenance and operation of all water transmission mains, sewage collec-
tion mains, pipes, connections, meters, pumps and a11related facilitie
in conrecti.on r\ri.t:11 strpplyinL water and/or. sev;er service t.o the i.nhabi.-
trtrtt.;., ocr.tll�nnts a.nd <11 ;t.crmcrs, an CQL1NTY s i clr c,f ^"]:,st c 1�`:ltcr and/o;
sower- Met:c.r• or- Motors upon completion of the in4;t:�1".1;11ir„i ref .;a;i.cl
fac::Lli"ties c"►.nd conveyance of title to 4,srrt►c , t;crf;c t.hc r wit"h t.Fr(.; pro-
vision of ca.sctrtarits as, rep{u7"rod for acccs , ' l n 1,v CITY to C;C1t1 T)" T,
as provided herein.
(Ii) COUNTY shall have the non-exclusive ri glht and respon-
sibil"ity to provide service, metering of and billing .for water dis-
tri.buti.on and sewage collection servi.cc to all present a1ic1 future
CO'%TMERCIAl, properties, as located on or adjacent, to tlrc �11)c1'0 dc,s
cribed present or future CITY PROPERTY.
-5-
WA
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� '�P L!�'��'IC"+ ?[dC3L7• �6:°�0' '1. �t-2S� �7'i mGnb-.:� 1• a1--c0t;Qi»Sas�'cT
M.17 • . i;
ve.swta''ar]-.cres,: th�prxavi`s�ccm:ot:suc'��-tFicxe'-,.:.�xc^:�i��
��e�c^.i�;rrncl.a;r?ri,g�ttsu�rxf,RCaG1i3NYa.pursuant-,.tc*.Lk�i�
IV
It is muta.ailly covenanted and agreed by and l,ctwc c it Ow part. i es
hereto, its fol,l,owci:
(1) The parties herein mutually covenanting and
agreeing hereto shall have the right: to sell,
transfer or assign their interest in this Agree-
ment, but any such sale transfer or assignment
shall be subject in all respects to the terms of
this Agreement and to the obligations of the
parties hereto.
���'YF�''��•:�tst��sa'�-c;r. axt�si:g�:,�.:�zu�i:�.:.twh�i
�i•L'l'1��t�aaliiiL�rrl.�l4iY"rlEvil�C►�l:air',u@-�.�.�]k1,�:s�Rjl3.Ta}l�dlxtiti7.s.�r}ii}i{r�tlititC.�-�iv`�l idl ,
aaivaaa.yr..Fx��aprsi-L�/.ritet`trt liml+Ym(c'.D:yly'4cs4t& }raxaotw�iran�. +mJrl.
�� �tr.:�.cit:��,i�r.r,s.3ny.�+aa�x��l:1.�:rer�ca�t.•avrxta+r,•�ii�^rr�rr. r�trj
ctt.�l:ts �«•t�c; trx+.c3ee��.=laa,uvaG�{-.41:is'�16�y,+ae�za�e•ptM�fo�.�axraa �ca�uxs:�•c.•:r3r
tic3�.�;�.�•-a��•4Miaaa�ti�,:�aQuul�ed; �.}ad..-.xlzi:w�grac�uees.tit�.�rsrwx�.x�e�c:+�.,".+:�xt
9;i!�;3.'•,^•a� o��}�:4��yiu SdE� c21.�+u7�i(i�'KL:i 3:tA �:`?a'S=i'P�TS't='fr.�3['PP � is �L'¢•
�#�r,�.�:5��•i;�;�l;�.,a.r�s�..�.n.y�.�.,se�gc�da�ep,aa�l:�=:�:'= r�1=:� e.
�1�•ea•+p ��t�...,o �.,>r��t�•,.&�ar[trc:cl..,by, nth.3�a.,l���.�c:J,��a�:,�,r..�x
(2) Any t:empornry cessation or i.nt.r.rr.upCion of
the failriii.slli.ni; of water and sewer service to CITY
caused by an Act of God, fires, strikes, casualties,
accidents, power failures, necessary maintenance
work, breakdowns, damage to mains, equipment and/or
other facilities, Civil or Military authority,
riots or other cause beyond the control of COUNTY
shall not constitute a breach of the provisions
contained herein, or impose liability upon COUNTY
by CITY, its successors or assigns.
11 11
(3) COUNTY shall have the9exc].usive riF;ht to furnish
to all CJ-TY PROPERTY all domestic winter and sewer
cervJc.r, lift dafined, dencr.i•bed nnr1 lierc•111 for
n poriod of 30 (t.hirt:y) 'yens ,rrtw1��rr�t:Yr � , ,1�9,rr..ncri�
'IC�94,�if�'Yl�•.61�;i':[)"lr'�� �'�+'87tinLT'•"+'�.^1"1'a�"l:"C TT'^�'jr'E'!'F!'L"•'�:'L'1"C."[•'i'17i7,','f'tt;G7`�'t%4'Yl:? 7' (a'•'f i fir' ,
Or ... m ,+nvrx^ "P'" C4C."t' 'V"47'y'"•r+{'4x= .'•}rmL•6F� E(L'� .
V
(A) The provisions of this Agreement shall be binding upon
and inure to thee-enefit of the successors and assigns of the pirti.cs
hereto.
(B) Failure of CITY to meet the requirements necessary
for execution of this Agreement within forty-fi-ve (4 5) dny:'- af.tcr
AUbill- ssioll to C'1''I'1' by COUNTY, n}lnll r.usult: 9.n J l:i:
,.6_
(C) If any section, subsection, clause, phrase or porti(-
of this Agreement is for any reason held invalid or unconstitutio::al
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.
(D) Thin Agreement is being recorded nnion;,, the 11uhlic. Pecords
of Jirowni d Cotint:y, Florida, for tho pnrti.cular ptirporn(i of pl iic hi. ,, ,, J 1
owners or occupants of properties in CITY connected to or to be connected
to the said water and sewerage system of COUNTY upon notice of each and
every one of the provisions herein contained, to the same extent and
with the same force and effect as if said owners and occupants had joined
with the parties to the Agreement in the execution thereof; and the ac-
quisition or occupancy of property in CITY connected to or to be connected
to the said water and sewage systems of COUNTY shall be deemed conclusive
evidence of the fact that the said owners or occupants consented to and
accepted the Agreement herein contained and have become bound thereby.
_7-
�J
EXHIBIT "All
ALL of Lots 13, 111 and 15, of Section 12, Tov:nship 119 South,
Range 41. East, according to the plat thereof of FORT DWDERDALE TRUCK
FARMS SUBDIVISION, as recorded in Plat Book II, Page 31, of the Public
Records of Broward County, Elorida, less the Right -of --Way of the Sunshine
State Parkway, TOGUTM R with Lots 1 through 15, a.nel.us:ive, of Section 13,
Tocniship 119 Sotith, Range Ill East, of -said 1'O11T 1.I\U111:It11AJX, '1'1:IWK YARHS
SUBDIVISION, less the Right--of-Way of: the Sunshi.11e State Parkway, arld less
the Right -of --Way of S. R. No. 7 (US11111), and less the fol_J.owirlg described
Parcel:
Conunencing at the Northwest corner of Section 13, Township 119
South, Range 111 East, Broward County, Florida; thence Southerly
along the West boundary of said Section 13, a clistarice of 12511.47
feet to a point; said Point being the Point of Beginning of
this description; thence East on an included angle of 90 degrees,
a distance of 375 feet to a point; thence South on an included
angle of 90 degrees, a distance of 165 feet to a point; thence
West orl an included angle of 90 degrees, a distcmcc of 375 feet
to .1 po:i.lrt; tlic lice North al..c.11lg tllc 1]c sL botijid iry of solid SCCti.n'l
13, oil all i.licludc!d am11e of. ()0 dcq;lrees, r_1 d.isLzillec of 1.65 feet
to the Point of Beginning; the West 25 feat thereof being
reserved for Roadway Purposes; and loss that portion of Lot 13
Of Said Sectioll 13 lying West- of 'Elie! S11n 11:i,ic
containing; G117.35 acres, more or, Less.
ALL, of Sect:i_orl 111, Township 119 South, R��nv;c Ill_ Fast, accorcll.ng to
the plat thereof, of FORT LAUD1,RDALE TRUCK FiiRM1S SUBDIVISTO"' as recol drel
in Plat Book 11, Page 31_ of the Public Records of Broward County, Florida;
LESS the Southeast One -Quarter (SF'-) of the Southeast One --Quarter (SE!') of
the Southeast One --Quarter (5E=1) of said Sect ion 1.11 ; coma=Ln�.ng 619.71 acres
more or less.
IO I I I
IA-,
h
I
NOT /NCl. UDr 1:) - i r
1
1' ITA" Arco _(0111:1 i"C!I. �111 1?'!(1)..
M
,I
'\A
•
1' ITA" Arco _(0111:1 i"C!I. �111 1?'!(1)..
M
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•
EXHIBIT
"B"
k;
i+.
b
4;
RATE SClll;l)I11,1; 01' 110\TI(IX
CHARGES)
l.'OR 1'dATF.R
S)',EV1.(:1; I:`;TA1'i,T.'!IED 1'0;
IHZM11111.1) C011\1"Y)' UATI:R A\I)
SI:1+1[.;It SYS11;,1 1,0.
5ACC(1RDE,: (i TO '.VW It!l'A.T,
RI;SOl.li1.':1O\ 1)I)OVIT.1) I1), '.I:III:
110AIld) OY
CC)11\TY
O',,! HL:1 l'I i il'I;ii
10, 1.905 A?'.`l) ANI;?I1)I;1) O\
UI IIIIIHIR
27, 1966
AM) W JI11,`, 25, 1967
] . Gener(1.1 R:a't ( �t t;t�cl(1.1 ( -
Khlimom
-- 11 000 C,111oils or Iess
$:3.S0
I1,,11,
:1ttJr1:11
N(rx'1-
2,000 C a.lJoils
.51)
11(!r
1,1101) (rt1.> c.lts
ti(txt
2115011"0 C;allolls
1.10
Por
.l ,00 "'I GC111 D::S
Next
_11.00,OIl(I Cial.l,c)11s
.35
Pc1,
1.,0(10 f Cl'li.'1il i
A1.1
nvr•r 1.26,000 Gallons
.30
1't,r
l ,OOCI C:t11.c)1:s
P. ltcu..:i.tl.ull- _L 01,01 laic: ipnj1.._.�:)(t;Ls:
Gt41('ra,l Rai-(- Sc1W-dL11.(• l ppl i (ziblu
:-1 . Mlta.l .1.111_(� lYuu.i. I �'... LI(l.iTl_•:•;c�rv:i c:t� .
Gonerct1. Rato Scht-dule Applicable (•xc('I)t tll;:lt ( 11
eliarg,,o shall bc $3.50 for 'tho first unit I11(Is �;l -00 Yoi, uluh
illl(tl,t,l(111 11. L1-11i.t. 1SWI11U11. USUgO is d(`'tt'T'!lIi,11(11 1)'' 111.1I1<i{I
cl till^1�l'. .
4. Ilat(J , Motel amt Tra l.lcr Park' Srrv:i c u :
Gpncrral. Raty Sc11odul (• Allpl i c•ubl (• vic ut-I)t Wit t i" 11,; rn1r,1
shall, bo $3.50 for 1Jrst tn1J t p11rs �; .50 l:t)► t Jt"11 It1;. l i i l l?;11 t
M.fn i.nll.ull usago is cletor. nu.11ed by 1111,1l.i ruuln
r),1'ulll:i(::r•�;(tllr'Jn7�.;nJtl�llrt�;�)�i1'(a1 _tirrvic�(_•
Ctlneral Rate KNOW Applicable vxrcpt that
Shall bc, $1.2.50 for 20,000 gallons or .less.
G. 11%,drnitt /lvall.nJIVIAt:j): $0.25 Per Ihlttlltl(
7. Privatr. Fin! Prnt(uion Sorvion `.
F irc 11ydrall t5 LOCI LULL 011 1)r!-Vat(, I)r0j)(Tty
1)11t:rmull-jx! 1S'p •.i.nk1.t:v Syst:emi;
Yi.rst 500 sprinkler heads or loss 46.25
All at► c• costs ni' 500 spriuklr�v limml;s .00', I:,Ic'11
8. N1as-l:er t4oterect Iles i.clenti.aI-()mintmit'v ti(try:-co
G(:nemll Rate Sc,1l(,tl1l1( a ppl i.c Ib e (Ic:'t ermille(t by 111111. Li I11 y.i 11
numbor of dvivIling uni-LE; by minimum c1lar(go, ovonitTo to bL!
paid for at applicable rate dc!termille(1 by d5.VJ(1i11(,; nt'a1( er of
UllitS iIltn 111liT(bOr of gallons over J1 illin111111.
-9-
EXIFIBIT "C"
1t1)'.LT. SCIR I)IIN', UI' MONTHLY CHARGES 1'()R 51';e'l;lt S1;1:VT('i: I:STAB ,TSHI-,I) VOR.
IIRC)Wl1R1) COUNTY WATI:R AN11 SIaJl:lt Sl'�;'.I'1:i1 NO. 5 /1('l:Ult.DIM; TO 'I'111: PAI'1:
1tl;SU1,Ll'.I'1O�! !11)O1''1TD IIY THE, BOARD 01! C(�tIN'1."i C(1,1;'IIE;';J'Oi;l:l::;
1.0, 1,90S AND AMI--NI)I:1) ON l)1:CI;Nt)I:R 27, 1.066 AM) U'1 JI If,Y
1. Residential Sorvi.ce:
One (1.) Bath $3.5f1
One an(t a half (1.10) or more Maths tl . Sll
2.
Municipal and Commerci.a.l. Ilnl ess otl rt i.sc S)c,c,i. l_ic
ct :
(vlattthl.y Cliazgo c'cltlal. to 1,00" of wat-or t�:i.l.l., 1�ttt
in ito
c vCurt: 1 (',-.s 'thnn 1,000
i1, I r 1 �.rnt.i l v Unit L"er.�vico :
1'1at Rtrte Ch,rrkre rqitt,_l. to $3.50 for. first U,ti.t
"Additional
plus
$1.75 Tor eachUnit.
tf.
Ilotcl. Mr,tel. an(t Tr011Pr Park tieryi":
Flat Rate Charl;c c-gt.al to $3.SO for. first Unit
plus $1..00
for each Additional Unit. -
5.
alb1.ic Sellool, ttrtcl Ifnspital. Sc�x•yi.ce:
Morit'111 y Chary rc crcltr,tl to 1.CI(!, of >h'.r trr• B-N 1 ,
0.
Mrl.-il'ov K-Loved Itt_.; itlrtrt'Titt7w l.tnrnntut.i tyy `�('Vv k-v
Resi.detrtial. 1`;atc :iC!IlvdL13 (_'. M4111COIA 0 .
_a 0—
V7
Whenever either party desires to give notice unto tbr� otiler,
it must be given by written notice, sent by registered United States
mail, with return receipt requested, addressed to the party for w:Iom.
it is intended, at the place last specified as the place for giving
of notice, shall remain such until it shall have been changed by
written notice given in compliance with the provisions of this para-
graph. For the present, the parties designate the following as the
respective places for the giving of notice, to -wit:
FOR BROWARD COUNTY: Room 480
County collrf.1101.V:C
Fort 1AMIc37dr:I-C, I-Jorld.,i 3.1301
FOR CITY OF TAMARAC:
780 N. W. 44th Street
Fort Lauderdale, Florida
. Notice so addressed and sent by registered mail, with return
receipt requested, shall be deemed given when it shall have been so
deposited in the United States registered mails.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year first hereinabove wri.ttcn.
BOARD OF COUNTY CMMISSIONERS
BROWARD COUNTY, FLORIDA
By:
Chairman
Attest:
Signed, sealed and deliv-
ered in the presence of:
(As to COUNTY)
CITY OF TAMRAC
BROWARD COUNTY, FLORIDA
yor
Attest:
City 1e
(As to CITY)
STA'PE, OF FLOICI-DA )
COUNTY OF BROWARD )
I HEREBY CERTIFY That on this 17th day of I)ecemher_ _,
1968, before me personally appeared IVULIAM I\.�1�1()l�ti).;
and IV. C . KELLY to me knmm to be
the person(s) described in and who executed the foregoing Agreement and
t hey (have) (has) acknowledged the execution thereof to bethe i r
free act and deed for the uses and purposes therein mentioned.
WITNESS my signature and official so.tl. at: Tort i,:.iu_c1rl-d:110
in t.11c (lotltl.t•.y of. 131,"oward ,end Stnte of T'l.oridrl, L11e dcty r111c1 ye.'-11-
1f irtr ii,c,1.
Notary Public
My Collmlission Expires: