Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-69-050r • RESOLUTION NO. A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A UTILITY CON- TRACT WITH TAMARAC UTILITIES, INC., FOR THE PURCHASE OF WHOLESALE WATER, SANITARY SEWER AND MAINTENANCE SERVICES. WHEREAS, the City Council deems it wise and expedient to execute a contract with Tamarac Utilities Company for the purpose of purchasing wholesale water, sanitary sewer and maintenance services from said utility company; and, WHEREAS, the Council has examined the contract attached hereto and deems it advisable to authorize the appropriate City officials to execute same; now, there- fore, IBE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARA.0 , FLORIDA: SECTION 1: That the appropriate City officials be and they are hereby authorized to execute that certain contract between the City of Tamarac and Tamarac Utilities, Inc., a copy of which is attached hereto and made a part hereof the same as if set forth in full herein. ATTEST: City Clerk C, PASSED AND ADOPTED this 22nd day of August, 1969. dw 1% Mayor 6- A G R E E M E N T J 1 g THIS AGREEMENT made this —zdday of d , 1969, by and between THE CITY OF TAMARAC, a municipal corporation in BROWARD COUNTY, FLORIDA, hereinafter referred to as "CITY" and TAMARAC • UTILITIES, INC., a FLORIDA corporation, hereinafter referred to as "UTILITY "c WHEREAS, UTILITY has been granted a franchise by CITY through CITY ORDINANCE NO. 1669 for the furnishing of water and sewer ser- vices within certain defined areas of the CITY OF TAMARAC; and WHEREAS, CITY has the right, privilege, and responsibility to provide public water and sanitary sewer service to inhabitants of the CITY! and wHzREM , CITY is desirous of purchasing wholesale water, sanitary sewer and maintenance services in order to fulfill its • obligation to serve its inhabitants located on property described in E)aiISIT "A" of this Agreement, attached hereto and made a part hereof: and W11BRLAS, UTILITY is desirous of furnishing such wholesale water services and sanitary sewer services for compensation to the CITY; and WHEREAS, UTILITY is the owner of a water distribution syster• and a sanitary sewage collection system presently within the property described in EXHIBIT "A" of this Agreement, NOW THEREFORE, and in consideration of these premises, the parties hereby expressly agree as follows • 1. UTILITY is to do all things necessary to connect the pipes, mains and appurtenances presently located in the area described in EXHIBIT "A" of this Agreement to its plant and facilities includ- ing the installation of a master metering device to measure the wholesale flow of water. Such connections, alternations or modifications shall be at the sole expense of UTILITY. 2. UTILITY hereby grants to the CITY the exclusive right • and privilege to use the water distribution lines and sanitary sewage collection lines for the conveying of water and sanitary sewage, said lines, together with all valves and appurtenances belonging to the UTILITY and located in easements and rights of way adjacent to the property described in EXHIBIT "A" of this Agreement. 3. UTILITY hereby agrees to maintain such water distribution and sanitary sewage collection lines owned by UTILITY and located adjacent to the property described in EXHIBIT "A", including pre- ventive, maintenance, normal repair and replacement of any of the aforesaid equipment. CITY agrees that it will use reasonable care and diligence to protect the property of UTILITY and will assume responsibility for any negligent acts of CITY, its employees and consumers and/or users of such facilities. 4. UTILITY agrees that it shall at all times have available to the inhabitants located on property described in EXHIBIT "A" of h this Agreement, adequate water service and sewer service. However, it is understood that temporary cessation of water service and sewer service at any time caused by Act of God, fires, strikes, casualties, accidents, power failures, necessary maintenance work, • breakdowns, damage to machinery or lines, Civil or Military authority, or by riot or other cause beyond the control of the UTILITY shall not constitute a breach of the provisions hereof, or impose lia- bility upon the UTILITY to the CITY or to its inhabitants or -2- customers therein. CITY agrees that all water distribution, main extensions and sanitary sewage main extensions required to serve said inhabitants shall be installed by UTILITY and that said main extensions shall be connected to the water distribution system and sewage collection system presently owned by UTILITY. Unless re- quired by the lawful ordinances, rules and regulations of any other governmental authority, UTILITY shall not be unreasonably required by this Agreement to extend any of its water distribution and sanitary sewage collection mains. Nothing herein contained shall require UTILITY to extend said mains except pursuant to con- tracts with owners of the property described in EXHIBIT "A", which contracts may be subject to such reasonable rules and regulations of the UTILITY relating to connection charges, contributions in aid of construction, and other such items as the UTILITY may deer, necessary to efficient, economical and safe operation. • 5. CITY agrees and hereby declares that it shall in no way acquire any right, title or interest in the water distribution or sanitary sewage collection lines of UTILITY and the CITY'S right shall be limited to the provisions of this agreement. 6. CITY agrees to pay to UTILITY for wholesale water and sanitary sewage services an amount in accordance with the initial rate schedule as shown on EXHIBIT "B", attached hereto and made a part hereof. Such payments are to be made monthly and within 30 days following billing by UTILITY. 7. CITY agrees that the rates shown on the schedule attached hereto as EXHIBIT "B" are initial rates. In the event UTILITY is, • agency or in the future, authorized by the appropriate regulatory body to increase its rates to its commercial customers served by -3- it in the area covered by ordinance No. 15-69, UTILITY shall be en- titled to increase the rates to CITY to the same extent, percentage - wise, as such increase. In the event a decrease in such rates to such other commercial customers is ordered by said agency or body, • the rates to the CITY shall be reduced to the same extent, percent- agewise, as such decrease. Any such increase shall become effective upon notification to the CITY, in writing, from the UTILITY of its intention to effect such increase; provided, however, it shall not become effective prior to the time provided for in the order of the regulatory agency or body. Any such decrease shall take effect at the same time as the decrease for such other commercial customers takes effect. S. In order that UTILITY may properly prepare and send to CITY proper monthly billings for water services and sanitary sewer • services, CITY agrees to provide UTILITY with adequate written records necessary to determine the amount of such payment. Said records are to include the number of dwelling units and other structures, and the respective number of baths contained therein on all property described in EXHIBIT "A" of this Agreement that receive, or will receive water services and sewer services at the time of the execution of this Agreement. Such records shall refbct the status as of the last day of each month and shall be supplied to UTILITY within the first ten (10) days of each subsequent month thereafter. • 9. Each of the parties hereto acknowledges that the area covered hereby has been and is presently being serviced by a utility system owned by Broward County and that Broward County may -4- • 0 claim the exclusive right to provide or sell water and sewer ser- vices in said area. Neither party hereto shall claim any damages against the other, including court costs, expenses, attorneys' fees and similar expenses, as the result, directly or indirectly, of • the aforesaid possible claim of Broward County, whether such damages arise as the result of litigation or otherwise. 10. Each of the parties shall indemnify and save harmless the other from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this agree- ment, for any personal injury, loss of life or damage to property sustained as the result of the fault or negligence of either of them, their agents, servants or employees, and from and against all costs, counsel fees, expenses and liabilities incurred in and about any such claim, the investigation thereof, or the defense of • any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. 11. UTILITY covenants and agrees that it will, at all times, obtain and pay for policies of insurance generally known as public liability policies, insuring the UTILITY and CITY against all claims and demands made by any person or persons whomsoever for injuries received in connection with the operation and maintenance of the water distribution and sewer collection system and all appurtenances thereto to be operated and maintained by UTILITY hereunder to the extent of not less than $500,000.00 to cover claim for damage from . any single or specific cause, by any one person, and to the extent of not less than $1,000,000.00 to cover, in connection with any one particular accident or occurrence, the total aggregate of claims -5- that may arise or be claimed to have arisen against the UTILITY or the CITY, as aforesaid, and to the extent of not less than $50,000.00 to cover any claim for property damage. The CITY agrees that it • shall maintain a General Liability Insurance Policy covering its agents, servants and employees, in amounts equivalent to that re- quired by UTILITY hereunder. Wherever, under the provisions of this Agreement, policies of insurance are required to be issued or maintained by either party, the original of such policies, or certificates of the issuance thereof, shall be delivered to either party as evidence of compliance by said party with the terms and provisions of this Agreement. Each of such certificates shall contain a notice of cancellation not less than ten (10) days prior to the effective date of such cancellation. • 12. This Agreement shall continue in full force and effect for a period of 30 years from the date of execution hereof. UTILITY shall have the option of extending this Agreement for an additional term of 30 years from the termination hereof provided, however, that in the event that UTILITY elects to exercise its option for such additional term, it shall exercise said option in writing and give notice to the proper CITY officials not less than 60 days prior to the end of the basic term herein mentioned. That as part of the consideration for this Agreement and for the term herein mentioned, the CITY agrees that it shall not, during the basic term hereof or any extension thereof, enter into • an agreement for the purchase of similar services as mentioned herein with any other individual, partnership, firm, corporation or political subdivision of the state of Florida. -6- • 0 E IN WITNESS WHEREOF, cITY and UTILITY have executed or have caused this Agreement with the named EXHIBITS attached to be duly executed in several counterparts each of which counterpart shall be considered an original executed copy of this Agreement. -7- 0 Cl IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. THE CITY OF TAMARAC BROWARD COUNTY, FL0RIDA By s Mayor Attest:, City Clerk Signed, sealed and delivered in the presence of: % c . 4 �(As to CITY) TAMARAC UTILITIES, INC. BR By At' Ail (As to CORPORATION) STATE OF FL0RIDA ) COUNTY OF BROWARD) I HEREBY CERTIFY that on this �3 — day of .% -a-( i 1969, before me personally appeared - and Mayor and Clerk of the City of Tamarac, Broward County, Florida, known to me to be the persons described in and who executed the foregoing Agreement and they have acknowledged the execution thereof to be their free act and deed for the uses and purposes therein mentioned. WITNESS my signature and official seal at Fort Lauderdale, in the County of Broward and State of Florida, the day and year aforesaid. Notary Public My commission expirese 3yiT1IRf PUBLIC. STATE OF FI.^^'mA'T1� 1 y8� tiY COMMISSION EXPIRES ' yONDFD THRU FRED X DIEST"ORST STATE OF FLORIDA ) • COUNTY OF SROWARD) _ I HEREBY CERTIFY that on this G2 /'J/ day 1969, b_fo a me persona appeared and C j�9�t cc� •� �^� n ,'-; , President and Secr ary of TA.MAMC UTILITIES, INC., Broward County, Florida, known to me to be the persons described in and who executed the foregoing Agreement and they have acknowledged the execution thereof to be their free act and deed for the uses and purposes therein mentioned. WITNESS my signature and official seal at Fort Lauderdale, in the County of Broward and State of Florida, the day and year afore- said. Notary Public My commission expires: . NOTARY PUBLIC. STATE of FLDRIDA 0I-AR;E MY COMMISS!014 EXPIRES DEC. 8, 1969 '_'.0 TH..... ..0 YV. DIESTELhIOFiL • -9- E U EXHIBIT "A" (SHEET 1 of 2) LEGAL DESCRIPTION OR PROPERTY WHICH CONSTITUTES THE SUBJECT MATTER OF THIS AGREEMENT All of Tracts 13, 14 and 15 of Section 12, Township 49 South, Range 41 East, according to the plat thereof of FORT LAUDERDALE TRUCK FARMS SUBDIVISION, as recorded in Plat Book 4, Page 31, of the Public Records of Broward County, Florida; and Tracts 1 through 15, inclusive, of Section 13, Township 49 South, Range 41 East, of said FORT LAUDERDALE TRUCK FARMS SUBDIVISION; less the East 100 feet of said Section 13 for Right-of-way of S.$. No. 7; less that portion of Tract 13 of said Section 13 lying west of the East Right-of-way line of the Sunshine State Parkway; less the West 250 feet of the East 350 feet of Tract 9 of said Section.13; and less the following described parcel: Commencing at the N.W. corner of Section 13, Township 49 South, Range 41 East; thence S. 00-13'-00" E. along the West line of said Section 13, a distance of 1254.47 feet to the Point of Beginning; thence Easterly on an included angle of 90 degrees, a distance of 375.0 feet; thence Southerly on an .included angle of 90 degrees, a distance of 165.0 feet; thence Westerly on an included angle of 90 degrees, a distance of 375.0 feet to a point on the West line of said Section 13; thence Northerly along the said West line of said Section 13 on an included angle of 90 degrees, a • distance of 165.0 feet to the Point of Beginning. and All of Section 14, Township 49 South, Range 41 East, according to the plat thereof, of said FORT LAUDERDALE TRUCK FARMS SUBDIVISION; less the S. E. of the S. E. of the S. E. '� of said Section 14. .+.�, .; ."t 'C.'�-.. .. .: `'�... .. •�>.. �.-Yi '"a ..4. .` f. ..1.A'_:. Y ..:. �., F'4rlyaa .:� ... • • • • EXHIBIT•"A" ($HEET 2 OF 2) MAP OF PROPERTY WRICH CONSTITUTES THE SUBJECT MATTER OF THIS AGREEMENT _J I STATE ROAD NO. 7 co i\` LN �P �G ' dd I -- ROAD \ O N Ol I T aQ \ o , a� N r ° LL oQ u"z � 0 Q\ O •O O NOTE EXHIBIT 'A"PROPERTY <_>. fr •� SHOWN AS SHADED._ EXHIBIT "B" DEFINITIONS AND SCHEDULE OF INITIAL WHOLESALE RATES FOR WATER SERVICE AND SANITARY SEWAGE SERVICE DEFINITION CONSUMER UNIT • A Consumer Unit is defined as a dwelling unit or commercial unit connected by means of a service line to UTILITY'S water distribution system. All Commercial Units will be metered. MONTHLY MASTER METERED WATER RATES RESIDENTIAL AND COMMERCIAL Number of Consumer Units multiplied by 3,000 gallons per Consumer Unit @ $0.90 per 1,000 gallons. All over 3,000 gallons per Consumer Unit @ $0.45 per 1,000 gallons. MONTHLY SEWER RATE - RESIDENTIAL $3.50 per Consumer Unit for a one bath Consumer Unit. $0.50 per bath • for each additional bath. A bath is defined as any one room containing any one or more of the following: Bathtub, Shower, Water Closet. MONTHLY SEWER RATE - COMMERCIAL $0.45 per 1,000 gallons of water consumed as indicated by each individual Commercial Unit meter reading. MINIMUM CHARGE - $3.50 per month per Commercial Unit. . *NOTE: In case additional water services and meters are installed for irrigation and/or fire service only, there will be no charge for sewer service on these services. The above water rates will, however, apply for such Consumers and each such service will be considered as an additional unit. • EXHIBIT "B" SCHEDULE OF INITIAL WHOLESALE RATES FOR WATER SERVICE AND SANITARY SEWAGE SERVICE MONTHLY MASTER METERED WATER RATES Number of dwelling units multiplied by 3,000 gallons per dwelling unit @ $0.90 per 1,000 gallons. All over 3,000 gallons per dwelling unit @ $0.45 per 1,000 gallons. MONTHLY SEWER RATES $3.50 per dwelling unit for a one bath dwelling. .jV.JV YCLUaLn IUr CaL:LL ttddiL1Una1 oacil. A bath is defined as any one room containing any one or more of the following: Bathtub, Shower, Water Closet. ,,,� A, M 0-r". 6- 3eoo /q-. rs NG-per Ia/d0U t3 vE/P pu t� 0. 7 p,. 0. tij