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HomeMy WebLinkAboutCity of Tamarac Resolution R-94-0991 C Temp. Reso. No.4-6,:�-Z CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-94 qg — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE BROWARD COUNTY BOARD OF COMMISSIONERS FOR EMERGENCY WATER INTERCONNECT; 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 Broward County Board of Commissioners for Emergency Water Interconnect. 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 Broward County Board of Commissioners for Emergency Water Interconnect, subject to such revisions as are approved by the City Attorney and City Manager, a copy of the Agreement is attached hereto as "Exhibit All and made a part hereof. SECTION 2: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conf 1 ict . n 1 Temp. Reso . No . G6 S� 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. �j-1%/ PASSED AND ADOPTED AND APPROVED this d day of 1994. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as f(brm. MITCHELL S. K. CITY ATTORNEY RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ 6164,'— DIST. 1: V / M KATZ DIST. 2: C / M MISHKIN _ DIST. 3: C / M SCHRE;SER DIST. 4. C / W MACHEK A��, � EXHIBIT A 11 INTERLOCAL AGREEMENT BETWEEN THE CITY OF TAMARAC AND BROWARD COUNTY BOARD OF COMMISSIONERS FOR EMERGENCY WATER INTERCONNECT 1.1 " / / - 79 THIS AGREEMENT is made and entered into between the City of Tamarac, Florida, a Florida municipal corporation (hereinafter 41 "City"), and Broward County, a political subdivision of the State of Florida, (hereinafter "COUNTY"). WITNESSETH: WHEREAS, CITY and COUNTY desire to provide for water needs for their respective water supply systems during emergency periods of reduced availability of their normal sources; and WHEREAS, CITY and COUNTY as neighboring local utilities with existing facilities capable of furnishing limited potable water supply to each other, agree to enter into an agreement outlining the terms upon which each will furnish water to the other in times of emergency reduced availability of normal supplies; and WHEREAS, the CITY and COUNTY desire to address their mutual concerns by entering into this Interlocal. Agreement, pursuant to Section 163.01, Fla. Stats.; and WHEREAS, it is deemed in the best interests of both City and County each to make this provision for augmenting emergency water supplies when such a need should arise. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, it is agreed: 1. Subject to the terms of this Agreement, CITY agrees to supply to COUNTY such potable water as is available within the CITY water system that is over and above the needs and demands of CITY and the customers of its water service area. 2. Subject to the terms of this Agreement, COUNTY agrees to supply to CITY such potable water as is available within the 40 �,- ��- T� County water system that is over and above the needs and demands of County and the customers of its water service area. 3. Water supplied under this Agreement shall be delivered to, and received from interconnecting facilities as described herein: I. INTERCONNECT LOCATION No. 1: Broward County Interconnect with Tamarac (Commercial Boulevard Interconnect) southwest corner of State Road 7 (U.S. 441) and Commercial Boulevard as diagrammed in Exhibit 1, page 1. II. Interconnect Location,No. 7: Broward County Interconnect with Tamarac (Broadview Interconnect) southwest corner of Bailey Road and Rock Island Road as diagrammed in Exhibit 1., page 2. III. Interconnect Location No. 3: Broward County Interconnect with Tamarac (State Road 7 ( U.S. 441) Interconnect) southwest corner of 54 Street and State Road 7 (U.S. 441) as diagrammed in Exhibit 1. page 3. Said interconnecting facilities, hereinafter referred to as "The INTERCONNECT," shall be substantially as shown in Exhibit 1 to this Agreement. The interconnect shall be individually owned, to the point of connection. The interconnect ownership of all facilities therin shall be individually between the two parties. Responsibilities and costs for operation, maintenance, repair and replacement as needed shall be the individual responsibility of each party to this Agreement. 4. Water provided by one party to the other under the provisions of this Agreement shall be only that water needed to provide temporary assistance in the event one party has an emergency need for water beyond that available in its own system, 0 while at the same time the water available to the other party is in excess of its then current needs. Water shall be provided subject to the following conditions: • a. In case of an emergency, a written or verbal communication from the City of Tamarac's City Manager or his designee, or County's Director of Water Supply, or his designee, 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. b. The receiving party agrees to exercise prompt and diligent effort to eliminate its need to obtain water from the transmitting party. C. Each party to this Agreement expressly acknowledges the right of either party to refuse to provide or to cease to provide the emergency water service, as set forth in this Agreement, if the party refusing determines that either the provision of such service or, the continuation of such service would consititute a danger to the health, safety and welfare of its citizens. In the event of 0 such refusal, the requesting party agrees to waive any claim of loss or damage against the refusing party. 5. This Agreement shall remain in full force and effect until terminated upon sixty (60) days written notice by either party to the other at its sole discretion. 5. It is understood and agreed by and between the two parties that if any condition or provision contained in this Agreement is held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other condition or provision herein contained, however, that the invalidity of any such condition or provision does not materially prejudice either party in its respective rights and obligations contained in the remaining valid conditions or provisions of the Agreement. 7. No waiver of any breach of this Agreement shall be held to be a waiver of any other subsequent breach. 8. This Agreement shall take effect upon its execution by both parties. 9. 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. 10. 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. 11. This Agreement or any interest therein, shall not be assigned, transferred or otherwise encumbered under any circumstances by either party. 12. The parties agree to indemnify and save each other, their agents, servants and employees harmless to the extent permitted by law from and against any claim, demand or cause of action of whatsoever 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. 13. 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. 14. 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 Sroward County, Florida. 11 r LJ 15. Wherever any approval is required hereunder, it shall not be unreasonably withheld. 16. The parties convenant and agree that time is of the essence in the performance of any and all obligations contained herein. 17. Whenever either party desires to give notice unto any other party, it must be given by written notice sent by registered United States mail, with 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: City Manager City of Tamarac 7525 Northwest 88 Avenue Tamarac, Florida 33321 with a copy to: The City Attorney 7525 Northwest 88 Avenue Tamarac, Florida 33321 Director of Water Supply Broward County Board of Commissioners 2555 West Copans Road Pompano Beach, Florida 33069 with a copy to: The Broward County Attorney IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC through its City Council, signing by and through its Mayor, authorized to execute same by Council action on the _� day of 1994, and the BROWARD COUNTY BOARD OF COMMISSIONERS through its , signing by and through its execute same by Board action on the , 1994. , duly authorized to CIT t6t= : By: %r-man Abramowitz, Mayor Date • date of ATTEST: "") By: By: Y - Carol A. Evans, Robert Noe, Jr. City Clerk City Manager Date • 99 as to form: Stcholl S.kKra t, ity Attorney / y ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida By: City Attorney WITNESSES: BROWARD COUNTY THROUGH ITS BOARD OF COMMISSIONERS By: Gerald F. Thompson, Chair day of ,1994 Approved as to form by Broward County Attorney's Office John J. Copelan, Jr., County Attorney Governmental Center, Suite 432 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (305)357-7600 By: By: Michael J. Kerr, Attorngy EXHIBIT A Page 1 of 3 R- �4- 9 THE CITE' OF TAMARAC, FLORIDA. B$OWARD COUNTY / TAMARAC WAT= SYSTEMS INTERCONNECT LOCATION I E. COMMERCIAL BLVD. I LA TORRE- 4100 COMMERCIAL 'BLVD. 1 INTERCONNECT VALVE$ o cc w Q BROWARD INTERCONNECT WITH TAMARAC (COMMERCIAL BOULEVARD INTERCONNECT) SOUTHWEST CORNER OF STATE ROAD 7 AND COMMERCIAL BOULEVARD 6/YCRLOvG �•GC t EXHIBIT A Page 2 Of 3 THE CITY OF TAMARAC, FLORIDA BROW ARD COUNTY / TAMARAC WA TMM SYSTEMS INTERCONNECT LOC.&TION 2 BAILEY ROAD I I I THE GATES §195 ROCK ISLAND ROAD INTERCONNECT Q BROWARD INTERCONNECT WITH TAMARAC (BROADVIEW INTERCONNECT) SOUTHWEST CORNER OF BAILEY ROAD AND ROCK ISLAND ROAD WTf1t2.IN6 '7 '. EXHIBIT A Page 3 of 3 THE CITY OF TAMARAC, FLORIDA' BROWARD COUNTY / TAMARAC WAT3M SYSTEMS MTERCONNMCT LOCATION 8 MOOSE LODGE I 2267 STATE Rann ; _ z z I . i ST ATE ROAD 7 (U.S. 441) DROWARD INTERCONNECT WITH TAMARAC (STATE ROAD 7 INTERCONNECT) SOUTHWEST CORNER ❑F 54th STREET AND STATE ROAD 7 (U.S. 441) iwtCR�.Ovp A Q C3 ce F- U Li 4 Q a a. — N y --