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repealed to the extent of such conflict.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
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•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.
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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.
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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.
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SELLER
WITNESSES: CITY OF FORT LAUDERDALE
By
ayor
Y.
y Manager
(CORPORATE SEAL) ATTEST:
City
Approved as to form:
Ci y At orney
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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
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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