HomeMy WebLinkAboutCity of Tamarac Ordinance O-2012-025Temporary Ordinance # 2265
October 10, 2012
Page 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2012 c>2,5-'
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
FRANCHISE AGREEMENT BETWEEN THE CITY OF
TAMARAC AND THE CITY OF SUNRISE FOR THE NON-
EXCLUSIVE RIGHT TO PROVIDE NATURAL GAS
SERVICES TO THE CITY OF TAMARAC; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS the City of Tamarac entered into a twenty (20) year agreement on
March 11, 1992 via Resolution R-92-33; and
WHEREAS the City of Tamarac Charter, Section 7.19 Franchises provides the
authorization to grant a franchise to the City of Sunrise by ordinance; and
WHEREAS the City Commission of the City of Tamarac desires to continue to
provide natural gas to its commercial and residential developments; and
WHEREAS the city of Sunrise owns and operates a natural gas utility within its
municipal boundaries; and
WHEREAS the City of Sunrise is willing to offer natural gas service to the
residents and businesses of Tamarac subject to the same conditions and rates charged
to the residents and businesses in the City of Sunrise.
WHEREAS City staff has reviewed the agreement and agree with the
recommended changes from the original 1992 agreement; and
WHEREAS City staff recommends increasing the Franchise Fee from 3% to
Temporary Ordinance # 2265
October 10, 2012
Page 2
6%; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interest of the residents and business of the City of Tamarac to enter into this
agreement with the City of Sunrise for the non-exclusive franchise to provide service to
the City of Tamarac.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof and all exhibits attached hereto are incorporated
herein and made a specific part of this resolution.
SECTION 2: That the appropriate City Officials are authorized to execute an
agreement, hereto attached as Exhibit 1, between the City of Tamarac and the City of
Sunrise for the non-exclusive franchise to provide natural gas services to the City of
Tamarac for a term of fifteen (15) years with successive automatic five (5) year
renewals unless notified otherwise within six (6) months of the end of the term to not
renew.
SECTION 3: That all ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: That if any clause, section or other part or application of this
ordinance is held by any court of competent jurisdiction to unconstitutional or invalid, in
part or application, it shall not affect the validity of the remaining portions or applications
of this ordinance
SECTION 5: That this ordinance shall become effective immediately upon its
Temporary Ordinance # 2265
October 10, 2012
Page 3
passage and adoption.
PASSED AND ADOPTED ON FIRST READING THIS 25th day of September, 2012.
PASSED AND ADOPTED ON SECOND READING THIS 10th day of October, 2012
ATTEST:
xayzA
ETER R I C ARDSO q,
CRM,CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form:
J404 , 4't
4��s �-
S MUEL S. OREN
CITY ATTORNEY
BY:
MAYOR BETH TALABISCO
RECORD OF COMMISSION VOTE: 1 ST Reading
MAYOR TALABISCO
DIST 1: COMM. BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: V/M. GLASSERly
DIST 4: COMM. DRESSLER
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR TALABISCO
DIST 1: COMM. BUSHNELL f�
DIST 2: COMM. GOMEZ
DIST 3: V/M. GLASSER
DIST 4: COMM. DRESSLER
AGREEMENT
Between
CITY OF SUNRISE
And
CITY OF TAMARAC
For
PROVIDING NATURAL GAS SERVICE TO THE
CITY OF TAMARAC
AGREEMENT
Between
CITY OF SUNRISE
And
CITY OF TAMARAC
For
PROVIDING NATURAL GAS SERVICE TO THE
CITY OF TAMARAC
THIS IS AN AGREEMENT between: CITY OF SUNRISE, a municipal corporation, its
successors and assigns, hereinafter referred to as "SUNRISE,"
AND
The CITY OF TAMARAC, a municipal corporation, its successors and assigns
hereinafter referred to as "TAMARAC."
WITNESSETH, in consideration of the mutual terms and conditions, promises,
covenants and payments hereinafter set forth, SUNRISE and TAMARAC agree as follows:
ARTICLE I
PREAMBLE
In order to establish the background, context and frame of reference for this Agreement
and to generally express the objectives and intentions of the respective parties, the following
statement, representations and explanations shall be accepted as predicates for the
undertakings and commitments included within the provisions which follow and may be relied
upon by the parties as essential elements of the mutual considerations upon which this
Agreement is based.
1.1 SUNRISE owns and operates a natural gas utility within its municipal boundaries.
1.2 SUNRISE is willing to offer natural gas service to the residents and businesses of
TAMARAC subject to the same conditions and at the same rates charged to residents and
businesses in SUNRISE.
1.3 For the purpose of this Agreement, the following definitions apply:
(a) "Customer." Any person, firm, partnership, company, corporation, municipality,
cooperative, organization, governmental agency, or similar organization supplied
with gas service by any such gas utility.
2
(b) "Gas". Gas is any gas or mixture of gases suitable for domestic or industrial fuel
and transmitted or distributed to the user through a piping system.
(c) "Cubic Foot" of Gas.
(i) In cases where gas is supplied and metered at the standard delivery
pressure a cubic foot of gas shall be defined to be the volume of gas which, at
the temperature and pressure existing in the meter, occupies one cubic foot.
(ii) The standard cubic foot of gas for testing the gas itself for heating value
shall be that volume of gas which, when saturated with water vapor and at a
temperature of 60 F, and under a pressure equivalent to that of 30 inches of
mercury (mercury at 32 F and under standard gravity) occupies one foot.
(d) "British Thermal Unit." The term "British Thermal Unit" (BTU) shall mean the
quantity of heat required to raise the temperature of one pound of water one
degree Fahrenheit.
(e) "Therm." The word "therm" is used to denote a unit of heating value equivalent to
one hundred thousand (100,000) British Thermal Units.
ARTICLE 2
SERVICE AREA
2.1 Subject to the terms of this Agreement, SUNRISE shall have the non-exclusive
right and privilege to provide service to the City of Tamarac.
ARTICLE 3
SUNRISE'S RESPONSIBILITIES, TERM OF AGREEMENT
3.1 In accordance with established practice for the construction, operation and
maintenance of gas utility systems, SUNRISE shall have the following responsibilities under this
Agreement:
a. To construct, maintain, operate in, under, upon, over and across the present and
future streets, easements, bridges and other public ways and places of the
service area.
b. To install gas mains, transmission lines, supply lines and service lines and to
establish and install regulator stations and other facilities for the use in supplying
utility gas to persons, firms and corporations in the service area.
To do any and all other things necessary to provide gas service to the service
area.
3
3.2 The responsibilities of SUNRISE shall be subject to zoning and fire regulations now
or hereafter established by TAMARAC and to the restrictions and limitations hereafter specified
in this Agreement.
3.3 This Agreement shall be for a term of fifteen (15) years ("INITIAL TERM"). At the end
of the INITIAL TERM, the Agreement shall be renewed automatically for successive five-year
terms unless either party notifies the other party within six (6) months of the end of the term that
it does not intend to renew the Agreement.
ARTICLE 4
PERMITS, WORK PERFORMANCE
4.1 Construction, location, relocation or installation of any facility by SUNRISE under
this Agreement shall not be commenced until all necessary permits for same have been
obtained from TAMARAC.
4.2 SUNRISE shall repair and properly replace without undue delay any sidewalk,
pavement or soil displaced by SUNRISE and restore the same to as good a condition as it
existed prior to the changes made by SUNRISE.
4.3 Should SUNRISE fail to comply with 4.2 above, TAMARAC may, after giving ten
(10) days written notice to SUNRISE, make such repairs or replace any excavation and
SUNRISE shall reimburse TAMARAC for any actual, verifiable expenses incurred by
TAMARAC.
4.3.1 Should TAMARAC discover any condition arising out of the activities covered by
this agreement that it deems to constitute a hazardous condition, then TAMARAC shall provide
SUNRISE with reasonable notice of the condition, which notice may be made by telephone to
either the Gas Department director or the City Engineer, and if SUNRISE is unable to
immediately correct the condition, or provide adequate assurance under the circumstances that
action will be taken to correct the hazardous condition in a reasonable period of time, then
TAMARAC may take such steps as it deems necessary to correct the condition and SUNRISE
shall reimburse TAMARAC for any actual, verifiable expenses incurred by TAMARAC. A
hazardous condition shall be any condition that poses an imminent threat to the health and
safety of the public.
4.3.2 If invoked, this provision shall supersede all other notice provisions contained in
this Agreement.
4.4 The facilities of SUNRISE shall be so located and relocated from time to time as
to interfere as little as possible with traffic over streets, bridges and public ways and places of
TAMARAC and with reasonable allowance for egress and ingress to abutting property.
4
4.5 Before SUNRISE performs any work on any street, bridge or other public way or
place within the service area, SUNRISE shall consult with TAMARAC on ways and means of
holding interference with traffic to a minimum.
4.6 In the event that TAMARAC incurs costs for traffic control required in connection
with work performed in a public right-of-way, SUNRISE shall reimburse TAMARAC for actual,
verifiable expenses incurred by TAMARAC.
ARTICLE 5
MAINTENANCE OF NATURAL GAS SYSTEM; INDEMNIFICATION
5.1 SUNRISE shall maintain its gas mains, transmission lines, supply lines, service
lines and other works and facilities used and useful in providing gas service to the inhabitants of
the service area in good and workable condition in compliance with all Federal, State and local
regulations.
5.2 SUNRISE shall furnish gas containing the number of British Thermal Units,
tested at the burner, and otherwise conforming to standards of quality approved by the Florida
Public Service Commission
5.3 To the extent permitted by law, at all times hereafter, SUNRISE shall indemnify,
defend and hold harmless TAMARAC, its officers, agents, employees from and against any
claim, demand or cause of action, of any kind arising out of errors, omissions, or negligent acts
of SUNRISE, its agents, consultants or employees relating to the subject matter of this
Agreement.
ARTICLE 6
RATES AND CHARGES
6.1 SUNRISE shall have the right to charge consumers for gas and services at rates
and charges approved by the SUNRISE City Commission. Except as otherwise provided for in
this article, rates and charges levied on customers within TAMARAC's municipal boundaries
shall not exceed the rates and charges levied on SUNRISE's municipal boundaries. A copy of
Section 15-118 of the SUNRISE City code is attached to this Agreement as Exhibit A. Gas
main, and service line extensions shall be made in accordance with SUNRISE's Main and
Service Extension Policy as contained in the SUNRISE City Code as it may be amended from
time to time. A copy of the policy is attached to this Agreement as Exhibit B. Nothing in this
Agreement shall prevent or limit Sunrise's ability to set or amend its schedule of natural gas
rates and charges. TAMARAC and any customers located within the service area shall have
the right to participate in any public hearing held to consider revisions in natural gas rates.
SUNRISE shall advise TAMARAC in writing of any scheduled public hearing on rates at least
thirty (30) days prior to the hearing date.
6.2 In the event SUNRISE is required to collect a utility tax for the benefit of
TAMARAC, SUNRISE shall remit to TAMARAC on a monthly basis all such tax money
collected. SUNRISE shall be entitled to retain 1 % of monthly tax proceeds as a monthly service
charge. If a utility tax is levied, the tax shall be charged directly to the customer on the
customer's monthly bill on a separate line from the monthly gas charges.
5
6.3 SUNRISE shall pay TAMARAC a fee equal to 6 percent of monthly natural gas
sales within TAMARAC for the right and privilege to install, maintain, repair and operate its
natural gas system over, upon, across and under TAMARAC's rights -of -way and easements.
This fee shall not be paid from revenue received by SUNRISE from natural gas sales in
TAMARAC, but shall be derived from a pass -through levied directly against natural gas
customers within TAMARAC as a separate and distinct charge from SUNRISE's other rates and
charges. SUNRISE may reflect this charge as a separate line on the customer's monthly bill.
SUNRISE shall remit to TAMARAC on a monthly basis all such fees collected.
6.4 TAMARAC shall waive Engineering Permit Fees.
ARTICLE 7
ENFORCEMENT OF THIS AGREEMENT
7.1 The parties agree to confer with each other from time to time with the end in view
of adopting and enforcing ordinances governing and controlling the proper installation of gas
piping, gas appliances, and other gas facilities, to protect the community and the inhabitants of
the service area in the use of gas and gas equipment. Each party agrees to provide the other
with copies of any proposed ordinance that impacts on the subject matter of this agreement
within thirty (30) days of the date of first reading.
7.2 Should either party fail to comply in any substantial respect with the provisions of
this Agreement, the party asserting non-compliance shall notify the other party in writing,
describing such non-compliance and giving directions to cure the same within thirty (30) days.
7.3 If the party against whom non-compliance is asserted fails to cure the non-
compliance within thirty (30) days, the party asserting non-compliance may terminate the
Agreement.
ARTICLE 8
ASSIGNMENT; AMENDMENTS
8.1 This Agreement, or any interest herein, shall not be assigned, transferred or
otherwise encumbered, under any circumstances by either party.
8.2 It is further agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document executed
with the same formality and of equal dignity with this agreement.
ARTICLE 9
ALL PRIOR AGREEMENTS SUPERSEDED
This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements or understandings applicable to the matters contained in this agreement and the
parties agree that there are no commitments, agreements or understanding concerning the
subject matter of this Agreement that are not contained in this document. Accordingly it is
agreed that no deviation from the terms of this agreement shall be predicated upon any prior
representations or agreements whether oral or written.
6
ARTICLE 10
NOTICES
Whenever either party desires to give notice to the other, it shall be given by written notice, sent
by certified United States mail, with return receipt requested, addressed to the party for
whom it is intended, at the place last specified, and the place for giving of notice in compliance
with the provisions of this paragraph. For the present, the parties designate the following as the
respective places for giving of notice, to -wit:
FOR SUNRISE
CITY MANAGER
CITY OF SUNRISE
10770 W, Oakland Park Blvd.
Sunrise, Florida 33351
COPY TO:
SUNRISE CITY ATTORNEY
10770 W. Oakland Park Blvd.
Sunrise, Florida 33351
FOR TAMARAC:
CITY MANAGER
CITY OF TAMARAC
7525 N. W. 88" Avenue
Tamarac, Florida 33321
COPY TO:
TAMARAC. CITY ATTORNEY
7525 N. W. 88`h Avenue
Tamarac, Florida 33321
ARTICLE 11
CONSENT TO JURIDICTION
The parties hereby irrevocably submit to the jurisdiction of any Florida state or federal
court in any action or proceeding arising out of or relating to the Agreement, and unanimously
agree that all claims in respect of such action or proceeding may be heard and determined in
such court. Each party further agrees that venue of any action to enforce this Agreement shall
be in Broward County, Florida.
7
ARTICLE 12
MISCELLANEOUS
12.1 GOVERNING LAW
The parties agree that this Agreement shall be construed in accordance with and
governed by the laws of the State of Florida.
12.2 HEADINGS
Headings hereon are for convenience of reference only and shall not be considered on
any interpretation of this Agreement.
12.3 PERSONS BOUND
The benefits and obligations of the covenants herein shall inure to and bind the
respective heirs, personal representatives, successors and assigns (where assignment is
permitted) of the parties hereto. Whenever used, the singular, and the use of any gender shall
include all genders.
12.4 SEVERABILITY AND SURVIVAL OF COVENANTS
If any provision of this Agreement or the application thereof to any person or situation
shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the
application of such provision to persons or situations other than those as to which it shall have
been held invalid or unenforceable shall not be affected thereby, and shall continue in full force
and effect and be enforced to the fullest extent permitted by law.
[SIGNATURES FOLLOW ON NEXT PAGE]
0
AGREEMENT BETWEEN THE CITY OF SUNRISE AND THE CITY OF TAMARAC
PROVIDING FOR NATURAL GAS SERVICE TO THE CITY OF TAMARAC.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
respective dates under each signature: SUNRISE, signing by and through its Mayor duly
authorized to execute same by Commission action on the day of , 2012
and TAMARAC, duly authorized to execute same by Commission on the day of
. 2012.
AUTHENTICATION:
Felicia M. Bravo, City Clerk
CITY OF SUNRISE
Michael J. Ryan, Mayor
day of 2012
Approved as to form and legal
Sufficiency by the Office of the City
Attorney for Sunrise, Florida
City of Sunrise
10770 West Oakland Park Boulevard
Sunrise, Florida 33351
Telephone: (954) 746-3300
Bv:
Kimberly A. Kisslan
City Attorney
AGREEMENT BETWEEN THE CITY OF SUNRISE AND THE CITY OF TAMARAC
PROVIDING FOR NATURAL GAS SERVICE TO THE CITY OF TAMARAC.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
respective dates under each signature: SUNRISE, signing by and through its Mayor duly
authorized to execute same by Commission action on the day of 2012
and T MARAC, duly authorized to execute same by Commission on the day of
, 2012.
AUTHENTICATION:
Peter M.J. Ric dson, CRM, RC
City Clerk `\\` � I I i i i i I/ /,I
10
CITY OF TAMARAC
Beth Talabisco, Mayor
J-7day of �� , 2012
Approved as to form and legal
Sufficiency by the Office of the City
Attorney for Tamarac, Florida
City of Tamarac
7525 N.W. 88`" Avenue
Tamarac, Florida 33321
Telephone: (954) 597-3510
�.1
Sam Gor6n
City Attorney
Temporary Ordinance # 2265
October 10, 2012
Page 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2012 c>2,5-'
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
FRANCHISE AGREEMENT BETWEEN THE CITY OF
TAMARAC AND THE CITY OF SUNRISE FOR THE NON-
EXCLUSIVE RIGHT TO PROVIDE NATURAL GAS
SERVICES TO THE CITY OF TAMARAC; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS the City of Tamarac entered into a twenty (20) year agreement on
March 11, 1992 via Resolution R-92-33; and
WHEREAS the City of Tamarac Charter, Section 7.19 Franchises provides the
authorization to grant a franchise to the City of Sunrise by ordinance; and
WHEREAS the City Commission of the City of Tamarac desires to continue to
provide natural gas to its commercial and residential developments; and
WHEREAS the city of Sunrise owns and operates a natural gas utility within its
municipal boundaries; and
WHEREAS the City of Sunrise is willing to offer natural gas service to the
residents and businesses of Tamarac subject to the same conditions and rates charged
to the residents and businesses in the City of Sunrise.
WHEREAS City staff has reviewed the agreement and agree with the
recommended changes from the original 1992 agreement; and
WHEREAS City staff recommends increasing the Franchise Fee from 3% to
Temporary Ordinance # 2265
October 10, 2012
Page 2
6%; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interest of the residents and business of the City of Tamarac to enter into this
agreement with the City of Sunrise for the non-exclusive franchise to provide service to
the City of Tamarac.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof and all exhibits attached hereto are incorporated
herein and made a specific part of this resolution.
SECTION 2: That the appropriate City Officials are authorized to execute an
agreement, hereto attached as Exhibit 1, between the City of Tamarac and the City of
Sunrise for the non-exclusive franchise to provide natural gas services to the City of
Tamarac for a term of fifteen (15) years with successive automatic five (5) year
renewals unless notified otherwise within six (6) months of the end of the term to not
renew.
SECTION 3: That all ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: That if any clause, section or other part or application of this
ordinance is held by any court of competent jurisdiction to unconstitutional or invalid, in
part or application, it shall not affect the validity of the remaining portions or applications
of this ordinance
SECTION 5: That this ordinance shall become effective immediately upon its
Temporary Ordinance # 2265
October 10, 2012
Page 3
passage and adoption.
PASSED AND ADOPTED ON FIRST READING THIS 25th day of September, 2012.
PASSED AND ADOPTED ON SECOND READING THIS 10th day of October, 2012
ATTEST:
xayzA
ETER R I C ARDSO q,
CRM,CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form:
J404 , 4't
4��s �-
S MUEL S. OREN
CITY ATTORNEY
BY:
MAYOR BETH TALABISCO
RECORD OF COMMISSION VOTE: 1 ST Reading
MAYOR TALABISCO
DIST 1: COMM. BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: V/M. GLASSERly
DIST 4: COMM. DRESSLER
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR TALABISCO
DIST 1: COMM. BUSHNELL f�
DIST 2: COMM. GOMEZ
DIST 3: V/M. GLASSER
DIST 4: COMM. DRESSLER
CLERK'
CITY OF SUNRISE'
12 NOV 26 PM 3� 01
AGREEMENT
Between
CITY OF SUNRISE
And
CITY OF TAMARAC
For
PROVIDING NATURAL GAS SERVICE TO THE
CITY OF TAMARAC
1
AGREEMENT
Between
CITY OF SUNRISE
TI
CITY OF TAMARAC
For
PROVIDING NATURAL GAS SERVICE TO THE
CITY OF TAMARAC
THIS IS AN AGREEMENT between: CITY OF SUNRISE, a municipal corporation, its
successors and assigns, hereinafter referred to as "SUNRISE,"
X
The CITY OF TAMARAC, a municipal corporation, its successors and assigns
hereinafter referred to as "TAMARAC."
WITNESSETH, in consideration of the mutual terms and conditions, promises,
covenants and payments hereinafter set forth, SUNRISE and TAMARAC agree as follows:
ARTICLE I
PREAMBLE
In order to establish the background, context and frame of reference for this Agreement
and to generally express the objectives and intentions of the respective parties, the following
statement, representations and explanations shall be accepted as predicates for the
undertakings and commitments included within the provisions which follow and may be relied
upon by the parties as essential elements of the mutual considerations upon which this
Agreement is based.
1.1 SUNRISE owns and operates a natural gas utility within its municipal boundaries.
1.2 SUNRISE is willing to offer natural gas service to the residents and businesses of
TAMARAC subject to the same conditions and at the same rates charged to residents and
businesses in SUNRISE.
1.3 For the purpose of this Agreement, the following definitions apply:
(a) "Customer." Any person, firm, partnership, company, corporation, municipality,
cooperative, organization, governmental agency, or similar organization supplied
with gas service by any such gas utility.
0J,
IN
(b) "Gas". Gas is any gas or mixture of gases suitable for domestic or industrial fuel
and transmitted or distributed to the user through a piping system.
(c) "Cubic Foot" of Gas.
(i) In cases where gas -is supplied and metered at the standard delivery
pressure a cubic foot of gas shall be defined to be the volume of gas which, at
the temperature and pressure existing in the meter, occupies one cubic foot.
0i) The standard cubic foot of gas for testing the gas itself for heating value
shall be that volume of gas which, when saturated with water vapor and at a
temperature of 60 F, and under a pressure equivalent to that of 30 inches of
mercury (mercury at 32 F and under standard gravity) occupies one foot.
(d) "British Thermal Unit. The term "British Thermal Unit" (BTU) shall mean the
quantity of heat required to raise the temperature of one pound of water one
degree Fahrenheit.
(e) "Therm." The word "therm" is used to denote a unit of heating value equivalent to
one hundred thousand (100,000) British Thermal Units.
ARTICLE 2
SERVICE AREA
2.1 Subject to the terms of this Agreement, SUNRISE shall have the non-exclusive
right and privilege to provide service to the City of Tamarac.
ARTICLE 3
SUNRISE'S RESPONSIBILITIES, TERM OF AGREEMENT
3.1 In accordance with established practice for the construction, operation and
maintenance of gas utility systems, SUNRISE shall have the following responsibilities under this
Agreement:
a. To construct, maintain, operate in, under, upon, over and across the present and
future streets, easements, bridges and other public ways and places of the
service area.
b. To install gas mains, transmission lines, supply lines and service lines and to
establish and install regulator stations and other facilities for the use in supplying
utility gas to persons, firms and corporations in the service area.
C. To do any and all other things necessary to provide gas service to the service
area.
91
3.2 The responsibilities of SUNRISE shall be subject to zoning and fire regulations now
or hereafter established by TAMARAC and to the restrictions and limitations hereafter specified
in this Agreement.
3.3 This Agreement shall be for a term of fifteen (15) years ("INITIAL TERM"). At the end
of the INITIAL TERM, the Agreement shall be renewed automatically for successive five-year
terms unless either party notifies the other party within six (6) months of the end of the term that
it does not intend to renew the Agreement.
ARTICLE 4
PERMITS, WORK PERFORMANCE
4.1 Construction, location, relocation or installation of any facility by SUNRISE under
this Agreement shall not be commenced until all necessary permits for same have been
obtained from TAMARAC.
4.2 SUNRISE shall repair and properly replace without undue delay any sidewalk,
pavement or soil displaced by SUNRISE and restore the same to as good a condition as it
existed prior to the changes made by SUNRISE.
4.3 Should SUNRISE fail to comply with 4.2 above, TAMARAC may, after giving ten
(10) days written notice to SUNRISE, make such repairs or replace any excavation and
SUNRISE shall reimburse TAMARAC for any actual, verifiable expenses incurred by
TAMARAC.
4.3.1 Should TAMARAC discover any condition arising out of the activities covered by
this agreement that it deems to constitute a hazardous condition, then TAMARAC shall provide
SUNRISE with reasonable notice of the condition, which notice may be made by telephone to
either the Gas Department director or the City Engineer, and if SUNRISE is unable to
immediately correct the condition, or provide adequate assurance under the circumstances that
action will be taken to correct the hazardous condition in a reasonable period of time, then
TAMARAC may take such steps as it deems necessary to correct the condition and SUNRISE
shall reimburse TAMARAC for any actual, verifiable expenses incurred by TAMARAC. A
hazardous condition shall be any condition that poses an imminent threat to the health and
safety of the public.
4.3.2 If invoked, this provision shall supersede all other notice provisions contained in
this Agreement.
4.4 The facilities of SUNRISE shall be so located and relocated from time to time as
to interfere as little as possible with traffic over streets, bridges and public ways and places of
TAMARAC and with reasonable allowance for egress and ingress to abutting property.
0
r � �
4.5 Before SUNRISE performs any work on any street, bridge or other public way or
place within the service area, SUNRISE shall consult with TAMARAC on ways and means of
holding interference with traffic to a minimum.
4.6 In the event that TAMARAC incurs costs for traffic control required in connection
with work performed in a public right-of-way, SUNRISE shall reimburse TAMARAC for actual,
verifiable expenses incurred by TAMARAC.
ARTICLE 5
MAINTENANCE OF NATURAL GAS SYSTEM; INDEMNIFICATION
5.1 SUNRISE shall maintain its gas mains, transmission lines, supply lines, service
lines and other works and facilities used and useful in providing gas service to the inhabitants of
the service area in good and workable condition in compliance with all Federal, State and local
regulations.
5.2 SUNRISE shall furnish gas containing the number of British Thermal Units,
tested at the burner, and otherwise conforming to standards of quality approved by the Florida
Public Service Commission
5.3 To the extent permitted by law, at all times hereafter, SUNRISE shall indemnify,
defend and hold harmless TAMARAC, its officers, agents, employees from and against any
claim, demand or cause of action, of any kind arising out of errors, omissions, or negligent acts
of SUNRISE, its agents, consultants or employees relating to the subject matter of this
Agreement.
ARTICLE 6
RATES AND CHARGES
6.1 SUNRISE shall have the right to charge consumers for gas and services at rates
and charges approved by the SUNRISE City Commission. Except as otherwise provided for in
this article, rates and charges levied on customers within TAMARAC's municipal boundaries
shall not exceed the rates and charges levied on SUNRISE Is municipal boundaries. A copy of
Section 15-118 of the SUNRISE City code is attached to this Agreement as Exhibit A. Gas
main, and service line extensions shall be made in accordance with SUNRISE's Main and
Service Extension Policy as contained in the SUNRISE City Code as it may be amended from
time to time. A copy of the policy is attached to this Agreement as Exhibit B. Nothing in this
Agreement shall prevent or limit Sunrise's ability to set or amend its schedule of natural gas
rates and charges. TAMARAC and any customers located within the service area shall have
the right to participate in any public hearing held to consider revisions in natural gas rates.
SUNRISE shall advise TAMARAC in writing of any scheduled public hearing on rates at least
thirty (30) days prior to the hearing date.
6.2 In the event SUNRISE is required to collect a utility tax for the benefit of
TAMARAC, SUNRISE shall remit to TAMARAC on a monthly basis all such tax money
collected. SUNRISE shall be entitled to retain 1 % of monthly tax proceeds as a monthly service
charge. If a utility tax is levied, the tax shall be charged directly to the customer on the
customer's monthly bill on a separate line from the monthly gas charges.
5
6.3 SUNRISE shall pay TAMARAC a fee equal to 6 percent of monthly natural gas
sales within TAMARAC for the right and privilege to install, maintain, repair and operate its
natural gas system over, upon, across and under TAMARAC's rights -of -way and easements.
This fee shall not be paid from revenue received by SUNRISE from natural gas sales in
TAMARAC, but shall be derived from a pass -through levied directly against natural gas
customers within TAMARAC as a separate and distinct charge from SUNRISE's other rates and
charges. SUNRISE may reflect this charge as a separate line on the customer's monthly bill.
SUNRISE shall remit to TAMARAC on a monthly basis all such fees collected.
6.4 TAMARAC shall waive Engineering Permit Fees.
ARTICLE 7
ENFORCEMENT OF THIS AGREEMENT
7.1 The parties agree to confer with each other from time to time with the end in view
of adopting and enforcing ordinances governing and controlling the proper installation of gas
piping, gas appliances, and other gas facilities, to protect the community and the inhabitants of
the service area in the use of gas and gas equipment. Each party agrees to provide the other
with copies of any proposed ordinance that impacts on the subject matter of this agreement
within thirty (30) days of the date of first reading.
7.2 Should either party fail to comply in any substantial respect with the provisions of
this Agreement, the party asserting non-compliance shall notify the other party in writing,
describing such non-compliance and giving directions to cure the same within thirty (30) days.
7.3 If the party against whom non-compliance
compliance within thirty (30) days, the party asserting
Agreement.
ARTICLE 8
is asserted fails to cure the non -
non -compliance may terminate the
ASSIGNMENT; AMENDMENTS
8.1 This Agreement, or any interest herein, shall not be assigned, transferred or
otherwise encumbered, under any circumstances by either party.
8.2 It is further agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document executed
with the same formality and of equal dignity with this agreement.
ARTICLE 9
ALL PRIOR AGREEMENTS SUPERSEDED
This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements or understandings applicable to the matters contained in this agreement and the
parties agree that there are no commitments, agreements or
subject matter of this Agreement that are not contained in thi
agreed that no deviation from the terms of this agreement shall
representations or agreements whether oral or written.
0
understanding concerning the
s document. Accordingly it is
be predicated upon any prior
f
T
ARTICLE 10
NOTICES
Whenever either party desires to give notice to the other, it- shall be given by written notice, sent
by certified United States mail, with return receipt requested, addressed to the party for
whom it is intended, at the place last specified, and the place for giving of notice in compliance
with the provisions of this paragraph. For the present, the parties designate the following as the
respective places for giving of notice, to -wit:
FOR SUNRISE:
CITY MANAGER
CITY OF SUNRISE
10770 W, Oakland Park Blvd.
Sunrise, Florida 33351
COPY TO:
SUNRISE CITY ATTORNEY
10770 W. Oakland Park Blvd.
Sunrise, Florida 33351
FOR TAMARAC:
CITY MANAGER
CITY OF TAMARAC
7525 N. W. 88th Avenue
Tamarac, Florida 33321
COPY TO:
TAMARAC. CITY ATTORNEY
7525 N. W. 88th Avenue
Tamarac, Florida 33321
ARTICLE 11
CONSENT TO JURIDICTION
The parties hereby irrevocably submit to the jurisdiction of any Florida state or federal
court in any action or proceeding arising out of or relating to the Agreement, and unanimously
agree that all claims in respect of such action or proceeding may be heard and determined in
such court. Each party further agrees that venue of any action to enforce this Agreement shall
be in Broward County, Florida.
rh
t
ARTICLE 12
MISCELLANEOUS
12.1 GOVERNING LAIN
The parties agree that this Agreement shall be construed in accordance with and
governed by the laws of the State of Florida.
12.2 HEADINGS
Headings hereon are for convenience of reference only and shall not be considered on
any interpretation of this Agreement.
12.3 PERSONS BOUND
The benefits and obligations of the covenants herein shall inure to and bind the
respective heirs, personal representatives, successors and assigns (where assignment is
permitted) of the parties hereto. Whenever used, the singular, and the use of any gender shall
include all genders.
12.4 SEVERABILITY AND SURVIVAL OF COVENANTS
If any provision of this Agreement or the application thereof to any person or situation
shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the
application of such provision to persons or situations other than those as to which it shall have
been held invalid or unenforceable shall not be affected thereby, and shall continue in full force
and effect and be enforced to the fullest extent permitted by law.
[SIGNATURES FOLLOW ON NEXT PAGE]
E'�
AGREEMENT BETWEEN THE
CITY OF
SUNRISE AND
THE CITY OF TAMARAC
PROVIDING
FOR
NATURAL
GAS
SERVICE
TO
THE
CITY
OF
TAMARAC.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
respective dates under each signature: SUNRISE, signing by and through its Mayor duly
authorized to execute same by Commission action on the �!�`.. day of a ve/, 2012
and TAMARAC, duly authorized to execute same by Commission on the ! 74� day of
2012.
0
Felicia M. Bravo,
ity Clerk
E
CITY OF SUNRISE
Michael J. Ry
208day of dUP :9'L012
Approved as to form and legal
Sufficiency by the Office of the City
Attorney for Sunrise, Florida
City of Sunrise
10770 West Oakland Park Boulevard
Sunrise, Florida 33351
Telephone: (954) 746-3300
r
Kimberly A. Kiss
City Attorney '
N
AGREEMENT BETWEEN THE
CITY OF
SUNRISE AND
THE CITY OF TAMARAC
PROVIDING
FOR
NATURAL
GAS
SERVICE
TO THE
CITY
OF
TAMARAC.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
respective dates under each signature: SUNRISE, signing by and through its Mavor duly
p �y �)dd r �,� v 1authorized to execute same by Commission action on the /� day ofr'20 2
and T MARAC, duly authorized to execute same by Commission on the day of
Affl(dj_k.-J, 2012.
0
NTICATION:
Peter M.J. Ric
li
ff
CITY OF TAMARAC
Bem -l'alabisco, mayor
day of , 2012
Approved as to form and legal
Sufficiency by the Office of the City
Attorney for Tamarac, Florida
City of Tamarac
7525 N.W. 88`� Avenue
Tamarac, Florida 33321
Telephone: (954) 597-3510
0
S;
City Attorney