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Home My WebLink AboutCity of Tamarac Resolution R-99-060Temp. Reso # 8538 February 16, 1999 Revision 1, March 2, 1999 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99--L-! A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE A REMETERING AGREEMENT WITH RALPH AND PATRICIA GETELMAN (OWNER), FOR THE FOUNTAINS APARTMENTS TO CONTINUE TO ALLOW REMETERING OF WATER SERVICE FOR THE PURPOSE OF ALLOCATION OF THE DIRECT COST OF WATER AND SEWER SERVICE AMONG MULTIPLE USERS SUBJECT TO THE TERMS OF THE APPLICABLE DEVELOPER'S AGREEMENT AND IN ACCORDANCE WITH CITY CODE SECTION 22-30, "LIMITATIONS OF USE"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ralph and Patricia Getelman ("OWNER") have remetered water and sewer services to tenants of the Fountains Apartments ("PROPERTY") since the early 1990's under Public Service Commission guidelines; and WHEREAS, as result of the adoption of Ordinance 0-97-7, the Fountains Apartments is found now to be in non-compliance with the City Code; and WHEREAS, the City consents to the use of remetering on subject PROPERTY, E Temp. Reso # 8538 February 16, 1999 Revision 1, March 2, 1999 Page 2 subject to the additional limitations as set forth in Section 22-30, as amended, of the City Code and the Water and Sewer Developer's Agreement for the PROPERTY; and WHEREAS, the OWNER is responsible for the cost of the installation of all water submeters and associated plumbing; and WHEREAS, the use of submeters shall be limited to the purpose of allocating the direct cost of water and sewer service among multiple users; and WHEREAS, the OWNER will read the submeters on a periodic schedule and use the readings to determine the water use among the owners' lessees, tenants, and others who shall be lawfully entitled to receive same; and WHEREAS the OWNER is strictly prohibited from adding additional fees or surcharges to the direct costs of the water and sewer services to the PROPERTY; and WHEREAS, it is the recommendation of the Director of Utilities that the Remetering Agreement (attached hereto as Exhibit A) be accepted and executed with Ralph and Patricia Getelman for remetering of the Fountains Apartments; and i 1 Temp. Reso # 8538 February 16, 1999 Revision 1, March 2, 1999 Page 3 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute the Remetering Agreement with Ralph and Patricia Getelman, to permit remetering of the Fountains Apartments to continue for the allocation of the direct cost of water and sewer services among multiple users; NOW, THEREFORE, BE IT RESOLVED 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. SECTION 2: The appropriate City Officials are authorized to accept and execute a Remetering Agreement with Ralph and Patricia Getelman (attached hereto as Exhibit A). SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is 1 1 L J Temp. Reso # 8538 February 16, 1999 Revision 1, March 2, 1999 Page 4 held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of )7 1999. ATTE T: CAROL G014, CMC/AAE CITY CLERK I HEft'EBV CERTIFY that I have aDdroved this RESOLUTION as form. MITCHELL S-R CITY ATTORN JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER C DIST 1: COMM. McKAYE DIST 2: V/M 3MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS / . Exhibit A Temp. Reso, #8538 REMETERING AGREEMENT THIS AGREEMENT is made and entered into this 10 day of f FBNUASY 1999, by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 NW 88th Avenue, Tamarac, FL 33321 (hereinafter "CITY") and f'1�_Y �c C,=7 r r�"t LIW (hereinafter "OWNER"), to provide for remetering of water meters on the property known as Fountains Apartments, located at 6175 NW 57th St., Tamarac, FL 33319 (hereinafter "PROPERTY"). WHEREAS, the City Commission of the City of Tamarac passed Ordinance 0-97-7 which allows a property owner, upon the City's express approval, to install individual water meters for multiple users, referred to as remetering, to separately bill each water customer based on his/her actual consumption; and WHEREAS, OWNER is the owner of PROPERTY described as Fountains Apartments; and WHEREAS, OWNER desires to install individual water meters for each user (hereinafter "submeters") on the PROPERTY; NOW, THEREFORE, in consideration of the terms and conditions, provisions, covenants and promises hereinafter set forth, the Parties agree that: 1. The foregoing Whereas clauses are true and correct and incorporated herein by reference. 2. The City consents to the use of remetering on subject PROPERTY, subject to the limitations set forth in Chapter 22 of the Tamarac Code, as amended, any limitations set forth in the Water and Sewer Developer's Agreement for the PROPERTY, and any limitations set forth in any Federal, State and/or local law or Administrative Rule. 3. OWNER is responsible for the cost of the installation of all water submeters and associated plumbing. 4. The use of submeters shall be limited to the purpose of allocating the direct cost of water and sewer service among multiple users, as provided in Tamarac Code section 22-30, as amended. 5. OWNER will read the submeters on a periodic schedule and use the readings to determine the water use among the owners' lessees, tenants, and others who shall be lawfully entitled to receive same. 6. OWNER is strictly prohibited from adding additional fees or surcharges to the direct costs of the water and sewer services to the PROPERTY. The CITY reserves the right to audit the prorated bills distributed to the tenants to verify that the aggregate amount charged to the tenants is not greater than the direct amount charged to the OWNER by the CITY. OWNER agrees to supply billing information to the CITY as requested. 7. OWNER shall distribute information regarding the remetering to all tenants who receive distributed utility bills. Included in that information will be the name and phone number of the appropriate OWNER's representative to whom where billing inquiries can be directed. I[] 8. OWNER shall abide by the provisions set forth in Chapter 22 of the Tamarac Code, as amended, the Water and Sewer Developer's Agreement for the PROPERTY, and any Federal, State of Florida and/or local law or Administrative Rule. 9. This AGREEMENT can be revoked at any time by CITY for failure to comply with any provision of this AGREEMENT. IN WITNESS WHEREOF, the parties have made and executed this Remetering Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and A ('µ f'ATITcJA r a, 7rr= L t2 , OWNER, duly authorized to execute same. ATTEST: Carol Gold, f C/AAE City Clerk. Apprefved GIs to form and I_al sufficiency: ell S. Kraft/qty Attorney Grih.�L4 Attest 3- ,�(I S FEE60-SON Type/Print and Title (Corporate Seal) CI CITY OF TAMARAC 4WSchreiber, Mayor Date: obert S. Noe, Jr., City Manager OWNER Fountains Apartments re, rz, C�In1iT-a"i Type/Print Name and Title Date: