HomeMy WebLinkAboutCity of Tamarac Resolution R-94-0991
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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conflict herewith are hereby repealed to the extent of such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 .
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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
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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
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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
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w
Q BROWARD INTERCONNECT WITH TAMARAC
(COMMERCIAL BOULEVARD INTERCONNECT)
SOUTHWEST CORNER OF STATE ROAD 7
AND COMMERCIAL BOULEVARD
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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 ; _
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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)
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