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Home My WebLink AboutCity of Tamarac Resolution R-95-020CITY OF TAMARAC Temp. Reso. 6971 RESOLUTION NO. R-95-� 0 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE CITY OF NORTH LAUDERDALE; PROVIDING FOR EMERGENCY WATER CONNECTION AT NORTHWEST 66TH AVENUE AND MCNAB ROAD, TAMARAC, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 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 provide many services and conveniences; and WHEREAS, Tom W. Bennett, as Trustee, and/or his assigns is the prospective developer of that certain project located in the City of Tamarac, Florida, and known as Brookside Cove; and WHEREAS, the City of Tamarac has required; as a part of its site plan approval process, that the developer of Brookside Cove provide for an emergency water interconnect with the City of North Lauderdale, to assure the citizens and residents of Brookside Cove that appropriate water connections are available in the event of an emergency; and WHEREAS, the City of Tamarac is desirous of cooperating with its sister City, North Lauderdale, Florida, in connection with approving the Interlocal Agreement for 1 Temp. Reso 6971 the purposes of connecting with the City of North Lauderdale's water system; and WHEREAS, it is the recommendation of the Utilities Director that the "Interlocal Agreement Providing for Emergency Water Connections between the City of Tamarac and the City of North Lauderdale" be approved and executed. 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: That the appropriate City Officials are hereby authorized to execute an agreement with the City of North Lauderdale for emergency water connections, subject to such revisions as are approved by the City Attorney and the City Manager. A copy of the agreement is attached hereto as Exhibit "1" and shown in map form in Exhibit "2". SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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 of application of this Resolution is 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. 2 1 1 P-j SECTION 5 passage and adoption. 1995. Temp. Reso. 6971 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this S day of FWD ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to for h / ITCHELL CITY AT1 ► I: WA iWWL� NOPMAN ABRAMOWITZ 1l_ •: RECORD OF MAYOR ABRAMOWIU DIST. 1: V / M KATZ DIST. 7: COMM. MISHKI DIST. 3: COMM. SCHRE DIST. 4: COMM. MACH>w VOTE EXHIBIT "1" INTERLOCAL AGREEMENT PROVIDING FOR EMERGENCY WATER CONNECTIONS BETWEEN CITY OF TAMARAC Mid CITY OF NORTH LAUDERDALE THIS AGREEMENT entered into this r T _ day of 1�F_CEMB€-p, If 199q by and between the City of North Lauderdale, a Florida municipal corporation, with its principal address at business at 701 S.W. 71st Avenue, North Lauderdale, hereinafter referred to as "North Lauderdale", and the City of Tamarac, A Florida municipal corporation, having its principal address at 7525 N.W. 88th Avenue, • Tamarac, Florida, hereinafter referred to as "Tamarac". W I T N E S S E T H: WHEREAS, the Cities of Tamarac and North Lauderdale are adjacent municipal corporations; and WHEREAS, the cities desire to address their mutual concerns by entering into this interlocal agreement, pursuant to Section 163.01 Florida Statutes; NOW THEREFORE, in consideration of the mutual promises contained herein, the cities agree as follows: 1. The current Owner or its future assigns ("Owner") of that certain property described on Schedule 1 will connect the Tamarac water system to the water system of North Lauderdale in accordance )C` 7-5�-A o with the specifications provided by the Owner/Tamarac which are incorporated herein by reference and made a specific part hereof. 2. The physical connection shall be made by Owner at the center line of SW 83rd Avenue at McNab Road in the City of North Lauderdale, to accommodate and to accomplish this activity. 3. The connection shall be controlled by two ( 2 ) valves, one of which will be operable by each City, and maintained by each City. 4. In the event of a water system failure, causing an emergency in either City, the valve of the party not experiencing the emergency shall be opened so as to permit the flow of water to the party experiencing the emergency. 5. In case of an emergency, a written or verbal communication from the City Manager or the Utility Director of either City setting forth the emergency and estimated time of use, shall be made and shall be the only request necessary to open the valve. Turning off the valve shall be handled by the same procedure. There shall be no charge for the water provided under the Agreement. 6. Upon completion of the installation, Owner shall dedicate title to the water lines to each of Tamarac and North Lauderdale to the extent said lines are within the respective City's boundaries. 7. Each party to this Agreement expressly acknowledges the right of either party to refuse to provide the emergency water service, as set forth in this Agreement, if the party refusing 0 2 determines that the provision of such service would constitute a danger to the health, safety and welfare of its citizens. In the event of such refusal, the requesting party agrees to waive any claim of loss or damage against the refusing party. 8. This Agreement may be terminated by either party upon thirty (30) days notice by delivery of an executed resolution of such termination adopted by the party seeking termination. 9. This Agreement shall take effect upon its execution by both parties, and its filing with the Clerk of the Circuit Court in and for Broward County, Florida. 10. It is understood and agreed that this document incorporates and includes all prior negotiations, correspondences, conversations, agreements or undertakings applicable to the matters contained herein and the parties agree that there are no . commitments, agreements, or undertakings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. 11. 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 with equal dignity herewith. 12. This Agreement or any interest therein, shall not assigned, transferred or otherwise encumbered under any circumstances by either party. 0 3 13. The Cities agree to indemnify and save each other, their agents, servants and employees harmless from and against any claim, demand or cause of action of whatsoe ver kind or nature arising out of error, omission, or negligent act of either party, its agents, servants and employees arising out of the performance of services under this Agreement to the extent provided by law. 14• This Agreement is executed and is to be performed in the State of Florida, and shall be governed by and construed in accordance with the laws of the State of florida. This document shall be executed in at least four (4) counterparts, each of which shall be deemed to be a duplicate original. 15- In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover all costs incurred, including a reasonable attorneys fee at both trial and appellate levels. This and all other provisions of the Contract shall survive the execution of this transaction. Venue of any litigation shall be set in the Circuit Court of Sroward County, Florida. 16. Wherever any approval is required hereunder, it shall not be unreasonably withheld. 17. The parties covenant and agree that time is of the essence in the performance of any and all obligations contained herein. 4 ITY OF • % a�rrM► A g0UJ/' ,Z , a or v A \� pzt. T - n 't--e % v 0 Rob ATTEST: CA S. No 67, jr;t. , City anager c4AOL A, C-d - , City Clerk APPROVED AS TO FORM Mitchell Kraft, y Attorney 0 ATTEST: ,C7.ity' Clerk Y//pi�if-, Samudl S. Gbren,/,`ity Attorney APPROVED AS TO FORM: SLR 4bV6: Samuel S. Goren, City Attorney • CITY C-' - ,Mayor 4 ,City Manager SCHEDULE 'T Lots 1 through 13, Block W of McNAB COMMERCIAL SUBDIVISION NO. 1, recorded in Plat Book 71, Page 13 of the Public Records of Broward County, Florida. 0 L w 0 n I IDWBIT "2" te - IF THE CITY OF TAMARAC, FLORIDA CITY OF NORTH LAUD311RDAr-11 WATER "BTmW INTERCONNECT LOCATION CITY OF NORTH LAUDERDALE INTERCONNECT (NORTH LAUDERDALE INTERC❑NNECT) THE CENTERLINE OF MCNAB ROAD AND N.W, 66TH TERRACE (TAMARAC) 19 INTER3.DVG