Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-92-033Temp. Reso. #6223 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-92- 33 3 A RESOLUTION OF THE CITY OF TAMARAC, FLORIDA, 4 AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE LETTER AGREEMENT BETWEEN THE CITY S OF TAMARAC AND THE CITY OF SUNRISE TO PROVIDE NATURAL GAS WITHIN TAMARAC; AND PROVIDING AN 4 EFFECTIVE DATE. 7 WHEREAS, the City of Tamarac is desirous of providing e natural gas to its commercial and future development; and 9 WHEREAS, the City of Sunrise owns and operates a natural 70 gas utility within .its municipal boundaries; and 11 WHEREAS, the City of Sunrise is willing to offer natural 12 gas service to the residents and businesses of Tamarac subject to 13 the same conditions and at the same rates charged to residents 14 and businesses in the City of Sunrise. 35 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 16 TAMARAC, FLORIDA: 17 SECTION 1: That the appropriate City officials are is authorized to execute the agreement attached hereto as 13hereby Exhibit 1. 201 SECTION 2: This Resolution shall become effective 23 immediately upon adoption. 27 PASSED, ADOPTED AND APPROVED this '&ay of � �� , 1992. 23 24 25 26 BOITZNORMA MAYOR ATTEST: 27 28 CAROLA. EVANS CITY CLERK 29 I HEREBY CERTIFY ha T ave 30 ap roved this Re o s Of CAIJIvG�L �%O� o v RECQtD 3 if MAYOR.----._ .�. 3 FITnELL S . R T DISTRICT 'i :. C-AA K,% Z CITY ATTO N?- C2i5TR9CI ,'.' _ 33 DISTRICT 3: rJ,AV° w 1-AS ?_;a�5$ 34 DISTRICT 4: V 35 Y A G R E E M E N T Between CITY OF SUNRISE And CITY OF TAMARAC For PROVIDING NATURAL GAS SERVICE TO THE CITY OF TAMARAC r� 0 A G R E E M E N T Between CITY OF SUNRISE And CITY OF TAMARAC For PROVIDING NATURAL GAS SERVICE TO THE CITY OF TAMARAC THIS IS AN AGREEMENT between: CITY OF SUNRISE, a municipal corporation, its successors and assigns, hereinafter referred to as "SUNRISE," ME The CITY OF TAMARAC, a municipal corporation, its successors and assigns, hereinafter referred to as "TAMARAC". WITNESSETH, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, SUNRISE and TAMARAC agree as follows: ARTICLE 1 PREAMBLE In order to establish the background, context and frame of reference for this Agreement and to generally express the objectives and intentions of the respective parties, the following statement, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 SUNRISE owns and operates a natural gas utility within its municipal boundaries. 1.2 SUNRISE is willing to offer natural gas service to the residents and businesses of TAMARAC subject to the same conditions and at the same rates charged to residents and businesses in SUNRISE. 1.3 For the definitions apply: purpose of this Agreement, 2 the following (a) "Customer". Any person, firm, partnership, company, corporation, municipality, cooperative, organization, governmental agency, or similar organization supplied with gas service by any such gas utility. (b) "Gas". Gas is any gas or mixture of gases suitable for domestic or industrial fuel and transmitted or distributed to the user through a piping system. (c) "Cubic Foot" of Gas. (i) In cases where gas is supplied and metered at the standard delivery pressure a cubic foot of gas shall be defined to be the volume of gas which, at the temperature and pressure existing in the meter, occupies one cubic foot. (ii) The standard cubic foot of gas for testing the gas itself for heating value shall be that volume of gas which, when saturated with water vapor and at a temperature of 60 F, and under a pressure equivalent to that of 30 inches of mercury (mercury at 32 F and under standard gravity) occupies one foot. (d) "British Thermal Unit". The term "British Thermal Unit" (BTU) shall mean the quantity of heat required to raise the temperature of one pound of water one degree Fahrenheit. (e) "Therm". The word "therm" is used to denote a unit of heating value equivalent to one hundred thousand (100,000) British thermal units. ARTICLE 2 SERVICE AREA 2.1 Subject to the terms of this Agreement, SUNRISE shall have the non-exclusive right and privilege to provide service to the area contained in Exhibit 1 of this Agreement. The service area is bounded on the west by the Sawgrass Conservation Levee Area, on the east by University Drive, on the south by Commercial Boulevard and on the north by Southgate Boulevard. ARTICLE 3 SUNRISE'S RESPONSIBILITIES TERM OF AGREEMENT 3.1 In accordance with established practice for the construction, operation and maintenance of gas utility systems, SUNRISE shall have the following responsibilities under this Agreement: 3 a. To construct, maintain, operate in, under, upon, over and across the present and future streets, easements, bridges and other public ways and places of the service area. b. To install gas mains, transmission lines, supply lines and service lines and to establish and install regulator stations and other facilities for the use in supplying utility gas to persons, firms and corporations in the service area. C. To do any and all other things necessary to provide gas service to the service area. 3.2 The responsibilities of SUNRISE shall be subject to zoning and fire regulations now or hereafter established by TAMARAC and to the restrictions and limitations hereafter specified in this Agreement. 3.3 This Agreement shall be for a term of twenty (20) years. ARTICLE 4 PERMITS WORK PERFORMANCE 4.1 Construction, location, relocation or installation of any facility by SUNRISE under this Agreement shall not be commenced until all necessary permits for same have been obtained from TAMARAC. • 4.2 SUNRISE shall repair and properly replace without undue delay any sidewalk, pavement or soil displaced by SUNRISE and restore the same to as good a condition as it existed prior to the changes made by SUNRISE. 4.3 Should SUNRISE fail to comply with 4.2 above, TAMARAC may, after giving ten (10) days written notice to SUNRISE, make such repairs or replace any excavation andSUNRISE shall reimburse TAMARAC for any actual, verifiable expenses incurred by TAMARAC. 4.3.1 Should TAMARAC discover any condition arising out of the activities covered by this agreement that it deems to constitute a hazardous condition, then TAMARAC shall provide SUNRISE with reasonable notice of the condition, which notice may be made by telephone to either the Gas Department director or the City Engineer, and if SUNRISE is unable to immediately correct the condition, or provide adequate assurance under the circumstances that action will be taken to correct the hazardous condition in a reasonable period of time, then TAMARAC may take such steps as it deems necessary to correct the condition and SUNRISE shall reimburse TAMARAC for any actual, verifiable expenses incurred by TAMARAC. A hazardous condition shall be any condition that poses an imminent threat to the health and safety of the public. 4 4.3.2 If invoked, this provision shall supersede all other notice provisions contained in this agreement. 4.4 The facilities of SUNRISE shall be so located and relocated from time to time as to interfere as little as possible with traffic over streets, bridges and public ways and places of TAMARAC and with reasonable allowance for egress and ingress to abutting property. 4.5 Before SUNRISE performs any work on any street, bridge or other public way or place within the service area, SUNRISE shall consult with TAMARAC on ways and means of holding interference with traffic to a minimum. 4.6 In the event that TAMARAC incurs costs for traffic control required in connection with work performed in a public right-of-way, SUNRISE shall reimburse TAMARAC for actual, verifiable expenses incurred by TAMARAC. ARTICLE 5 MAINTENANCE OF NATURAL GAS SYSTEM; INDEMNIFICATION 5.1 SUNRISE shall maintain its gas mains, transmission lines, supply lines, service lines and other works and facilities used and useful in providing gas service to the inhabitants of the service area in good and workable condition in compliance 40 with all Federal, State and local regulations. L7 5.2 SUNRISE shall furnish gas containing the number of British Thermal Units, tested at the burner, and otherwise conforming to standards of quality approved by the Florida Public Service Commission. 5.3 To the extent permitted by law, at all times hereafter, SUNRISE shall indemnify, defend and hold harmless TAMARAC, its officers, agents, employees from and against any claim, demand or cause of action, of any kind arising out of errors, omissions, or negligent acts of SUNRISE, its agents, consultants, or employees relating to the subject matter of this Agreement. 4 ARTICLE 6 RATES AND CHARGES 6.1 SUNRISE shall have the right to charge consumers for gas and services at rates and charges approved by the SUNRISE City Commission. Except as otherwise provided for in this article,rates and charges levied on customers within TAMARAC's municipal boundaries shall not exceed the rates and charges levied on SUNRISE's municipal boundaries. A copy of Section 15-118 of the SUNRISE City code and SUNRISE Resolution No. 89-401-H (1991) containing SUNRISE's current rates for natural gas are attached to this Agreement as Exhibit 2. Gas main, and service line extensions shall be made in accordance with SUNRISE's Main and Service Extension Policy as contained in the SUNRISE City Code as it may be amended from time to time. A copy of the policy is attached to this Agreement as Exhibit 3. Nothing in this agreement shall prevent or limit Sunrise's ability to set or amend its schedule of natural gas rates and charges. TAMARAC and any customers located within the service area shall have the right to participate in any public hearing held to consider revisions in natural gas rates. SUNRISE shall advise TAMARAC in writing of any scheduled public hearing an rates at least thirty (30) days prior to the hearing date. 6.2 In the eve . tax for the benefit of a monthly basis all entitled to retain 1% service charge. If a charged directly to the on a separate line from nt SUNRISE is required to collect a utility rAMARAC, SUNRISE shall remit to TAMARAC on such tax money collected. SUNRISE shall be of monthly tax proceeds as a monthly utility tax is levied, the tax shall be customer on the customer's monthly bill the monthly gas charges. 6.3 SUNRISE shall pay TAMARAC a fee equal to 3 percent of monthly natural gas sales within TAMARAC for the right and privilege to install, maintain, repair and operate its natural gas system over, upon, across and under TAMARAC's rights -of -way and easements. This fee shall not be paid from revenue received by.SUNRISE from natural gas sales in TAMARAC, but shall be derived from a pass -through levied directly against natural gas customers within TAMARAC as a separate and distinct charge from SUNRISE's other rates and charges. SUNRISE may reflect this charge as a separate line on the customer's monthly bill. SUNRISE shall remit to TAMARAC on a monthly basis all such fees collected. ARTICLE 7 ENFORCEMENT OF THIS AGREEMENT' 7.1 The parties agree to confer with each other from time to time with the end in view of adopting and enforcing ordinances . governing and controlling the proper installation of gas piping, 11 3" gas appliances, and other gas facilities, to protect the community and the inhabitants of the service area in the use of gas and gas equipment. Each party agrees to provide the other with copies of any proposed ordinance that impacts on the subject matter of this agreement within thirty (30) days of the date of first reading. 7.2 Should either party fail to comply in any substantial respect with the provisions of this Agreement, the party asserting non-compliance shall notify the other party in writing, describing such non-compliance and giving directions to cure the same within thirty (30) days. 7.3 If the party against whom non-compliance is asserted fails to cure the non-compliance within thirty (30) days, the party asserting non-compliance may terminate the agreement. ARTICLE 8 ASSIGNMENT: AMENDMENTS 8.1 This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances by either party. 8.2 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 of equal dignity with this agreement. ARTICLE 9 ALL PRIOR AGREEMENTS SUPERSEDED This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained in this agreement and the parties agree that there are no commitments, agreements or understanding concerning the subject matter, of this Agreement that are not contained in this document. Accordingly it is agreed that no deviation from the terms of this agreement shall be predicated upon any prior representations or agreements whether oral or written. ARTICLE 10 NOTICES Whenever either party desires to give notice to the other, it shall be given by written notice, sent by certified United States • mail, with return receipt requested, addressed to the party for r1 whom it is intended, at the place last specified, and the place for giving of notice in compliance with the provisions of this Paragraph. For the present, the parties designate the following as the respective places for giving of notice, to -wit: FOR SUNRISE: CITY MANAGER CITY OF SUNRISE 10770 W. Oakland Park Blvd. Sunrise, Florida 33351 r_npv mn . SUNRISE CITY ATTORNEY 10770 W. Oakland Park Blvd. Sunrise, Florida 33351 FOR TAMARAC• CITY MANAGER CITY OF TAMARAC 7525 N. W. 88th Avenue Tamarac, Florida 33321 COPY TO: Tamarac City Attorney 7525 N.W. 88th Avenue Tamarac, Florida 33321 ARTICLE 11 CONSENT TO JURISDICTION The parties hereby irrevocably submit to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of or relating to the Agreement, and unanimously agree that all claims in respect of such action or proceeding may be heard and determined in such court. Each party further agrees that venue of any action to enforce this Agreement shall be in Broward County, Florida. ARTICLE 12 MISCELLANEOUS 12.1 GOVERNING LAW The parties agree that this Agreement shall be construed in 40 accordance with and governed by the laws of the State of Florida. N. ARTICLE 12 MISCELLANEOUS 12.1 GOVF,RNING LAW The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 12.2 HEADINGS Headings hereon are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 12.3 PERSONS HOUND The benefits and obligations of the covenants herein shall inure to and bind the respective heirs, personal representatives, successors and assigns (where assignment is permitted) of the parties hereto. Whenever used, the singular, and the use of any gender shall include all genders. 12.4 SEVERAHILITY AND SURVIVAL OF COVENANTS If any provision of this Agreement or the application thereof to any person or situation shall, to any extent, be held • invalid or unenforceable, the remainder of this Agreement, and the application of such provision to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect and be enforced to the fullest extent permitted by law. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: SUNRISE, signing by and through its Mayor duly authorized to execute same by Commission action on the `'�" day of u , 1992, and TAMARAC, duly authorized to execute same by unci action on the day of , 1992. Agree107 9 "f�9() .3.3 If 11 0 AGREEMENT BETWEEN THE CITY OF SUNRISE AND THE CITY OF PROVIDING FOR NATURAL GAS SERVICE TO THE CITY OF TAMARAC. SUNRISE \ ,1 MAYOR DAN PEARL ir!/ �.. day of/ i �,11992 TAMARAC Approved as to form and legality by Office of City Attorney for Sunrise, Florida JON M. HENNING, City Attorney, City of Sunrise 10770 W. Oakland Park Blvd. Sunrise, Florida 33351 Telephone: (305� 741-2580 By: 10 c 40 AGREEMENT BETWEEN THE CITY OF SUNRISE AND THE CITY OF PROVIDING FOR NATURAL GAS SERVICE TO THE CITY OF TAMARAC. TAMARAC TAMARAC raum��- MAY NORMAN ABRAMOWITZ In -2 d- _day of 4 -1992 P. KELLY, CITY day of 992 ATTEST: - City Clerk MITC ELL S. KR9FT, CITZY ORNEY 11 N EXHIBIT I - SERVICE AREA L 36 CANAL • M. NwmRAV­ A AV AV 1 AV ) 107 T y Z 107 4I N 1 A 10a IN w ,+1 Cy 104 A i Av 3AV nw1a7Av N!bWNr 1. y; N ' ,, r m w9aTit ` 1Y yrrpr .+ on 1 vi WNrDWWvm0&Ww- pO O )_ r T V b.1 S A 97 9 q u�i w9SAV • ��'�; � C u r T AV R( �rA ti 9 I Q;nngd R ~ T * n i .: 1 I� P nT�:4 wV M N W r O MAWNr h 1 r L n ? r1 7• R NW94AV I 'Fp94 WA�� �n�ipp�TA y ff 1 /y� �FJ,�`11 A93 AV riPr, Cx~yZ =� 93 TO r li 2 W r f' T• s TCCOr/ ,r' 93AV M 12 92T w TR tlevww•WNr �� ) pc 91 Oynnq 'rt Z 111 731 ,y 92A t r .4nbNm .410 91 V�I I! O fp 1 s 6U. I a�rry�xis a W 1 (RjAI ry ti7 rl ����Yw+ww VTR �itl V 1 +ni r i r�;yi��s 41uN s, V v h AV ti �. ►y s a Z : � CORAI ¢F111NDSD/R NW 87 AV 7 r7WA 1A rO�' �F b �� �y ,46V 7 p i 87 AV' pO4M !L - V, i x a rzv z z , r n r• Ml �tlO7 d f ,tiYAN h q 7]~7 V D WDODMOWT 11 (Up'F W N. rr~ K f 0r N Yr � A I WA '1• T R a ;-Of vga! ~ g h `• O7`le V i r3 ~ CKp'A. A'g��e ,y _"/• f1 cl yrn m n a rn v` Y1vs l4VS � n a W c�G rM��!� �i ~ e A tir -1 y q Mr I = n A /: r�rr � V r3TRl 1 IIto �•► Nwet TR , e 77 w Nw s � w 7 •83AV QAV w r0 9.SMe6R«nC:. Sqg O.. 'wti NW 79 A V I> i V 4 9, FMn alr► T13 z= n V 79 AV, A I g� N. ,1: i$EE _ ; 00 9 TM _ UNrvERsiTr rD R $AV w _ AV -' 77 MMMOIIAN� Is AV w nAV A~z Y iF 74 TR �.• r NW 74 AV + 74 4 TR r NW 7S AV _ ge i 74 AV 74 AV AV r f1 r TR. 74 A 4T MW 74 TA 91 T._' ♦ r AV 2 AV n,M71 wv * AV s MW 73 Tit y Mw 73 TR 3 7 VA A 72 R 1 7 73AV 73A 73A� MW V i MW73AV l 11 L � 7 V MW O4M,N » 1 Rr r �r Mw 71 AV rN 71 y rR4 n r r