HomeMy WebLinkAboutCity of Tamarac Resolution R-92-033Temp. Reso. #6223
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CITY OF
TAMARAC, FLORIDA
RESOLUTION NO. R-92- 33
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A RESOLUTION OF THE CITY OF TAMARAC, FLORIDA,
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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
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EFFECTIVE DATE.
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WHEREAS, the City of
Tamarac is desirous of providing
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natural gas to its commercial
and future development; and
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WHEREAS, the City of
Sunrise owns and operates a natural
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gas utility within .its municipal
boundaries; and
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WHEREAS, the City of
Sunrise is willing to offer natural
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gas service to the residents
and businesses of Tamarac subject to
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the same conditions and at
the same rates charged to residents
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and businesses in the City of
Sunrise.
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NOW, THEREFORE, BE IT RESOLVED
BY THE COUNCIL OF THE CITY OF
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TAMARAC, FLORIDA:
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SECTION 1: That the
appropriate City officials are
is
authorized to execute
the agreement attached hereto as
13hereby
Exhibit 1.
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SECTION 2: This
Resolution shall become effective
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immediately upon adoption.
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PASSED, ADOPTED AND APPROVED
this '&ay of � �� , 1992.
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BOITZNORMA
MAYOR
ATTEST:
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CAROLA. EVANS
CITY CLERK
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I HEREBY CERTIFY ha T ave
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ap roved this Re o s
Of CAIJIvG�L �%O�
o v
RECQtD
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if
MAYOR.----._ .�.
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FITnELL S . R T
DISTRICT 'i :. C-AA K,% Z
CITY ATTO N?-
C2i5TR9CI ,'.' _
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DISTRICT 3: rJ,AV° w 1-AS ?_;a�5$
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DISTRICT 4: V
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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
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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,
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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:
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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.
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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
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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.
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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,
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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
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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
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"f�9() .3.3 If
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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:
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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
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