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HomeMy WebLinkAboutCity of Tamarac Resolution R-94-178G Temp. Reso. #6806 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 94- / Z S A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE CITY OF FORT LAUDERDALE FOR POTABLE WATER PURCHASE FROM AN EXISTING INTERCONNECTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tamarac, Florida, believes that it is in the best interests of the citizens and residents of the City of Tamarac to provide many services and conveniences; and WHEREAS, the City Council is desirous of entering into an Interlocal Agreement with the City of Fort Lauderdale for potable water purchase from an existing interconnection to serve the customers of the City of Tamarac Utility East Section. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC FLORIDA: SECTION 1: That the appropriate city officials are hereby authorized to execute an Agreement with the City of Fort Lauderdale for potable water purchase, subject to such revisions as are approved by the City Attorney and City Manager, a copy of the Agreement is attached hereto as "Exhibit A" and made a part hereof. FTLINTR. RES SECTION 2: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 3: If any clause, section, other part or 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. SECTION 4: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this / day of 1994. 1 yt,offMAN ABRAMOWITZ MOR ATTEST: L7),,2 .. .,?4 ___-.) i,____ CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as -#corm.ct RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ � DIST. 1: V/M KATZ I DIST. 2: C/M MISHKIN Q ITCHE L •. KP.AFT DIST. 3: C/M SCHRE13ER CITY ATTORNEY DIST.4: C/W MACHEK ,c____ FTLINTR.RES S AGREEMENT THIS AGREEMENT, made and entered into this IS day of , 1994 , by and between: CITY OF FORT LAUDERDALE, a municipal corporation of the State of Florida, herein called the "Seller", and CITY OF TAMARAC, a municipal corporation of the State of Florida, herein called the "Consumer" . Pursuant to Resolution No. 94-137, adopted at its meeting of September 7, 1994, the City Commission of the City of Fort Lauderdale authorized the proper officials of Seller to enter into this Agreement. Pursuant to Resolution No. 94-178, adopted at its meeting of September 14, 1994, the City Council of the City of Tamarac authorized the proper officials of Consumer to enter into .this Agreement. Seller and Consumer entered into a 30-year agreement on March 1, 1964, for the provision of potable water from Seller to Consumer. The parties hereto desire to continue the relationship experienced for those 30 years. The Seller in its proprietary capacity owns and operates a municipal public water supply and is in a position to continue to provide service to the Consumer. The Consumer in its proprietary capacity owns and operates a water distribution system, and Consumer desires to continue to purchase water from Seller to service Consumer's customers upon terms mutually agreeable. In consideration of the mutual promises, covenants and agreements, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. The foregoing recitals are true and correct and form part of the consideration of this Agreement. 2 . Beginning October 1, 1994, and continuing for a period of thirty (30) years thereafter, the Seller agrees to sell to the Consumer and the Consumer agrees to buy from the Seller potable water for resale to the citizens and customers of the Consumer, under the terms and conditions set forth herein. The Utilities Directors of Consumer and Seller, or their designees, shall confer every five (5) years during the term of the Agreement to evaluate each party's performance. Such conference shall deal with matters such as water quality and quantity and technological advancements relevant to water utilities. 3 . The areas to be serviced by the Consumer are situated in Broward County, Florida, and are described in Exhibit "A" hereto attached and made part of this Agreement. Such areas cannot be modified without the written consent of the Seller first obtained and evidenced by an amendment to this Agreement. It is understood and agreed by the parties that the areas described in Exhibit "A" constitute the areas served by the Consumer at the time of execution of this Agreement. It is further understood and agreed between the parties that this Agreement shall be of no force and effect in any area in which the Seller or Consumer has outstanding contractual obligations which, in any way, conflict with the terms of this Agreement. In the event Consumer annexes an area during the term of this Agreement, upon reasonable notice, Seller will supply water to Consumer to serve such area, provided Consumer has obtained the water franchise rights for such annexed area. 4. During the term of this Agreement, the Consumer shall not purchase water from any person, firm or corporation other than the Seller for Consumer's customers within the boundaries set forth in Exhibit "A", so long as the Seller is able to supply the quantity and quality of water required by the Consumer, except by written consent of Seller evidenced by an amendment to this Agreement. Seller shall not sell water to any person, firm, or corporation other than Consumer within the boundaries set forth in Exhibit "A" , except as otherwise provided in this Agreement. Seller and Consumer shall each comply to the extent applicable with all laws and regulations pertaining to the delivery of potable water to the public. 5. During the term of this Agreement, the Seller will undertake to deliver water to the Consumer in such quantity and quality as are required by the Consumer for resale by the Consumer to its customers in the areas described in Exhibit "A" . Water sold to Consumer hereunder will be supplied from Seller's water producing facilities and will be the same quality as the water furnished by Seller to its consumers within the city limits of Seller. 6. Consumer shall not allow any customer to connect with the Consumer's distribution system whose requirements are reasonably estimated to exceed 100, 000 gallons of water per day without the prior approval of Seller, which approval shall not be unreasonably withheld. In the event any customer after being connected to the - 2 - •f Consumer's distribution system should use as much as 100, 000 gallons of water per day, Seller shall immediately be notified by the Consumer and Seller's approval obtained before such customer shall be furnished water in quantities exceeding 100, 000 gallons per day, which approval shall not be unreasonably withheld. 7. The Seller shall not be required during periods of water shortage resulting from an emergency condition declared by any governmental entity with jurisdiction or resulting from an inadequacy of mains or other facilities, to do more than deliver water to Consumer's master meters in such quantities as are available for allocation by the Seller among all its consumers. In the event it should become necessary for the Seller to adopt regulations for conservation of water in case of emergency, the Consumer agrees that it will adopt and enforce similar regulations for conservation of water during such time of emergency. 8. There shall be one (1) or more master meters located at points mutually agreeable, through which all water supplied to customers of Consumer shall be supplied, and all water furnished by Seller shall be metered through such meters. Such meters shall be supplied and installed by the Seller at the expense of the Consumer as provided in Chapter 28 of the Code of Ordinances of the City of Fort Lauderdale. After installation, the Seller shall, at its own expense, maintain the meters. Title to the meters shall remain in the Seller. All master meters shall be tested annually by and at the expense of the Seller. All master meters shall be adjusted to the registration accuracy as specified in the American Water Works Association Standard for Cold Water Meters. The date and time of the test shall be coordinated with Consumer to allow Consumer to witness the test whenever possible. In addition to the annual test, the Consumer may at any time request that Seller conduct an additional test or that Seller arrange for such test by an independent qualified testing company. The request shall be made in writing and the date and time of the test shall be coordinated with Consumer to allow Consumer to witness the test whenever possible. If such test shows that the master meter has been over-registering by more than two percent (2%) , there will be no charge for such test and the previous bill rendered based on the last reading of that master meter shall be adjusted accordingly. If such test shows that the master meter has not been over-registering by more than two percent (2%) , the cost of such test shall be charged to Consumer. If such test shows that the master meter has been under-registering by more than two percent (2%) , the previous bill rendered based on the last reading of that master meter shall be adjusted accordingly. 9. The Consumer shall be bound by the provisions of Chapter 28 of the Code of Ordinances of the City of Fort Lauderdale, now existing or as amended from time to time, insofar as same are applicable, as well as all applicable ordinances of the City of Fort Lauderdale now existing or hereafter adopted pertaining to water service and water regulations. - 3 - 10. The water rates to be charged by the Seller to the Consumer shall be the rate provided to be charged to municipalities, political subdivisions and privately-owned utilities under the provisions of Section 28-143 of the Code of Ordinances of the City of Fort Lauderdale. It is the intention of the parties that the Seller shall not discriminate against the Consumer, vis-a-vis, the consumers within the limits of the City of Fort Lauderdale. Any rate increases to Consumer during the life of this Agreement shall be based on increases in the cost of providing water to Consumer and others similarly situated. 11. The Seller shall render monthly or bimonthly statements for water furnished and the Consumer shall pay promptly all statements furnished. Should the Consumer fail or refuse to pay the amount of such statement within thirty (30) days after same has been submitted, the Seller shall have the right to enforce the provisions of Chapter 28 of the Code of Ordinances of the City of Fort Lauderdale providing for discontinuance of service until past due indebtedness is paid and any other legal remedies available to Seller. 12 . Consumer and Seller shall cooperate in obtaining from or providing to the appropriate regulatory agencies such permits or other data as may be required for the performance of this Agreement. Consumer shall furnish to Seller plans and specifications of the existing water distribution system of Consumer and from time to time furnish copies of plans and specifications of any additions to or extension of Consumer's water distribution system. 13 . To the extent provided by law, Consumer and Seller agree to indemnify and hold harmless each other from all costs, losses and expenses, including, but not limited to, damages to persons or property, judgments and attorneys' fees, arising out of and in connection with this Agreement. 14 . The Seller shall have the right to install feeder mains, and necessary booster pumps and storage facilities in the existing City limits of Consumer and in any future incorporated areas. The Seller shall have the right to repair and replace such aforementioned mains, pumps and storage facilities, with the understanding that the Seller shall replace, repair or otherwise return the paving and right-of-way to its original condition when these installations and repairs are made. All such work shall comply with all applicable regulations of Consumer. All operational and maintenance expenses of such installations shall be the responsibility of the Seller. 15. This Agreement supersedes the previous agreement between the parties of March 1, 1964 . This Agreement may not be amended, except by the mutual consent of the parties in writing executed with the same dignity as this Agreement. - 4 - 16. This Agreement shall not become effective until a Resolution has been adopted by the governing bodies of Seller and Consumer approving this Agreement and authorizing its execution. 17. This Agreement shall be governed by the laws of the State of Florida. The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place in Broward County, Florida, and that all litigation between them in the federal courts shall take place in the United States District Court for the Southern District of Florida. 18. Whenever either party desires to give notice unto any other party, it must be given by written notice sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for the giving of notice, to wit: SELLER City Manager City of Fort Lauderdale 100 North Andrews Avenue Fort Lauderdale, FL 33301 CONSUMER City Manager City of Tamarac 7525 Northwest 88 Avenue Tamarac, FL 33321 with a copy to: City Attorney City of Tamarac 7525 Northwest 88 Avenue Tamarac, FL 33321 19. Other than as a remedy for nonpayment as provided in Paragraph 11 herein, Seller shall not totally discontinue the sale of potable water to Consumer during the term of this Agreement and for a reasonable period thereafter, unless and until Consumer is able to secure an alternate source of supply. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. - 5 - SELLER WITNESSES: CITY OF FORT LAUDERDALE By ayor Y. y Manager (CORPORATE SEAL) ATTEST: City Approved as to form: Ci y At orney - 6 - CONSUMER WITNESSES: CITY OF TAMARAC , By 161,41LikL w' • ABRAMOWITZ, MAYOR Date: 4zJi't /// /W`L ie-KJklekd 1-kAii-ta) B Tre OBERT S. NOE, JR. , ' ITY MANAGER ATTEST: BY: 67,44eL.Zgl)Aa---- ---z_ Carol A. Evans City Clerk Approved as to form: 7--)4 Ai By: i Mitchell S. Kr: t City Attorney DF: lgeuserTamc 8/30/94 - 7 - J y , EXHIBIT "A" CITY OF TAMARAC BOUNDARY DESCRIPTION FOR WATER SERVICE AREA The Areas to be serviced by Consumer are situated in Broward County, Florida, and are described as follows: That part of the South one-half (S-1/2) of the Southwest one-quarter (SW-1/4) of Section 16, Township 49 South, Range 42 East, Broward County, Florida, lying north of Prospect Field Road, described as follows: Begin at the northwest corner of said South one-half (S-1/2) of the Southwest one-quarter (SW-1/4) ; thence east along the North line of said South one-half S-1/2) of the Southwest one-quarter (SW-1/4) , a distance of 435 feet to the Point of Beginning of this description; thence continue along the North line of said South one-half (S-1/2) of the Southwest one-quarter (SW-1/4) on a bearing of N-88°56 '28"-E, a distance of 715. 16 feet to a point; thence S-01°15'00"-E, a distance of 560.98 feet to a point; thence N-77°39 ' 11"-W, a distance of 735.79 feet to a point; thence N-01°11 '25"-W, a distance of 390.28 feet to the Point of Beginning; containing 7 .81 acres, more or less. AND That part of the South one-half (S-1/2) of the Southwest one-quarter (SW-1/4) of Section 16, Township 49 South, Range 42 East, Broward County, Florida, lying north of Prospect Field Road, described as follows: Begin at the northwest corner of said South one-half (S-1/2) of the Southwest one-quarter (SW-1/4) ; thence east along the North line of said South one-half (S-1/2) of the Southwest one-quarter (SW-1/4) , a distance of 1643 . 09 feet to the Point of Beginning of this description; thence continue along the North line of said South one-half (S-1/2) of the Southwest one-quarter (SW-1/4) on a bearing of N-88°56' 28"-E, a distance of 985.85 feet to a point, thence S-ol°19 '46"-E, a distance of 914 . 00 feet to a point; thence N-77°39 ' 11"-W, a distance of 1015.82 feet to a point; thence N-01°16 ' 30"-W, a distance of 678 .48 feet to the Point of Beginning; containing 18 .84 acres, more or less. Ex.A-TamaracLgeUser