HomeMy WebLinkAboutCity of Tamarac Resolution R-70-048CITY OF TAMARAC, FLORIDA
RESOLUTION #_
WHEREAS, by Resolution #2l-C34 __ the City of Tamarac
requested and authorized Tamarac Utilities, Inc., to continue
the expansion and installation of water meters within the
City, and
WHEREAS, the City of Tamarac and Tamarac Utilities, Inc.,
are now desirous of entering into a Modification Agreement,
modifying that water Agreement between the parties dated
August 22, 1969, in order to effectuate the intent of that
Resolution hereinabove referred to.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL of
the City of Tamarac, Florida,
That the Mayor and Acting -City Clerk are hereby authorized
to execute and enter into that Modification Agreement attached
hereto and made a part hereof between the City of Tamarac and
Tamarac Utilities, Inc.
Said Modification Agreement sets forth Tamarac Utilities,
Inc.°s responsibility and obligation to install water meters
within the subject area at no expense to the City of Tamarac
or to the affected consumers.
PASSED, ADOPTED AND APPROVED this /e day of
QL, 19 7 0
ATTEST:
C��TING CITY CLERK
MODIFICATION AGREEMENT
THIS AGREEMENT made this 441 day of A40tA-, 1970,
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 "Utilities."
WHEREAS, Utility and City have entered into an agree-
ment dated the 22nd day of August, 1969, providing for the
furnishing by Utility of wholesale water and sanitary sewerage
services to City; and
WHEREAS, City had determined, that the health, welfare,
and efficiency of service to its citizens require that water and
sanitary sewage facilities be furnished on an individual basis,
with water services being individually metered to the consumer;
and
WHEREAS, the parties hereto desire to modify the agree-
ment of the 22nd day of August, 1969, and further, in order to
promote and provide individually metered utility services on a
direct -to -consumer basis,
NOW THEREFORE, in consideration of these premises and
the public purposes declared, the parties hereby expressly agree
as follows:
1. FORMER AGREEMENT MODIFIED. The agreement of the 22nd
day of August, 1969, entered into by the parties hereto, is expressly
modified and amended in accordance with the terms of this agree-
ment. Provisions of said agreement, not expressly modified herein,
and lands covered by said agreement not affected by this modifica-
tion, shall remain in full force and effect and are hereby ratified
and confirmed by the parties hereto.
2. AFFECTED PROPERTY. Those lands described fully in
Exhibit A attached hereto and made a part hereof are declared
to be the only properties affected by the terms of this modification.
All other properties subject to the provisions of the agreement
of the 22nd day of August, 1969, are declared to be unaffected
by the terms of this modification.
3. SUPERSEDED PROVISIONS. The parties hereto expressly
agree and declare that Paragraphs 2, 6, 7, 8, 11 and 12 of the
agreement of the 22nd day of August, 1969, are cancelled, super-
seded by the provisions of this agreement, and are of no further
force and effect. Provided, however, that the provisions of the
aforesaid Paragraphs shall remain in effect in those areas where
meters have not been installed. That is, it is anticipated that
the meter installation program shall proceed in specified areas
and until the entire properties as described in Exhibit A have
been completed and furnished with meters, the provisions of the
aforesaid paragraphs of the August 22, 1969, agreement are and
shall continue to be applicable.
4. METERED SYSTEM. Utility shall, within seven (7) days
of the date of this agreement, commence the installation of water
meters on the service lines of each individual consumer in the
area described in Exhibit A. Such installation of meters shall
continue on a day-to-day and week -to -week basis in order to accomplish
the individual metering of each consumer presently receiving services
within a period not to exceed 120 days. All meter installations
and any alterations or modifications of service lines shall be
at the sole cost and expense of Utility. In order to provide the
public and each consumer with an easily accessable meter so that the
consumer may be fully informed, it is the intention of the parties
that meters and shut off cocks shall be located at the exterior
of the homes and other buildings to be serviced, and the Utility
further covenants that it shall not install meters and shut off
cocks underground at the property line for any individual home
without the consent of the City and homeowner.
5. TRANSFER OF CUSTOMER ACCOUNTS. Each Monday of every
successive week during the meter installation program, Utility
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shall advise City, in writing, of each consumer to which a
meter installation has been completed during the preceding
week. Upon receipt of said notification each customer to whom
a meter installation has been completed shall cease to be a
customer of City and shall thereafter, and for all times sub-
sequent, be the consumer and account of Utility. Each weekly
notification shall state the date on which the meter was installed
and service, through the meter, was thus commenced. Such date
of meter installation shall be considered the date of commencement
of metered service (date of commencement). As soon after the
date of commencement as practical, City shall render a bill to
each consumer setting forth the prorated monthly charges accrued
from the date of the last City billing to the date of commencement.
Utility shall record the meter reading from the date of commence-
ment and shall render to each consumer a part -month bill or full -
month bill, as the case may be, at the next regular billing period
of Utility. From the date of commencement forward the consumer
shall cease to be a City consumer or account of water and
sewerage services and shall become a consumer of water and sewerage
services of Utility pursuant to the terms of City Franchise
Ordinance No. 16-69 and Florida Public Service Commission
Certificates WS-109 and SS-100.
6. RATES AND TARIFFS. Rates and charges billed to
consumers, from the date of commencement forward, shall be
those rates for metered residential services presently in effect
and currently charged by Utility to other like consumers. A
copy of the current rate schedule for metered residential services
is attached hereto as Exhibit B to this agreement. All consumers
shall further be subject to the rules and regulations of Utility
currently in effect and to the tariff of Utility as may be
approved, amended or altered from time to time by the Florida
Public Service Commission.
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7. APPLICATION REQUIRED. Within ten (10) days after
notice to the prospective consumer from the Utility of the proposed
installation of a meter on the consumer's property, the Utility
shall require of each such prospective consumer an application
for water and sewer services on the form regularly employed for that
purpose by Utility. Such application shall contain a grant of
authority by consumer to Utility to install, repair, maintain,
replace and read the meters and meter installations placed upon the
property of consumer. Such application shall grant to Utility
the right to enter upon the property for lawful purposes in
connection with the installation, reading, repair and replacement
of said meters.
8. GUARANTEE DEPOSITS. Each consumer shall be required
to post a guarantee deposit of $20.00 for 5/8 x 3/4 meter prior
to the commencement of metered service. Utility shall issue to
consumer a deposit receipt acknowledgement and such deposits
shall earn interest for consumer at the rate of six (6%) percent
per annum and shall be periodically credited to consumer in
accordance with applicable rules and regulations of the Florida
Public Service Commission.
9. CITY NOTIFICATION TO CONSUMER. City agrees to notify
each of its present consumers of the basic provisionsof this agree-
ment. Included in such notification shall be the provisions for
application and guarantee deposit.
10. INFORMATION AVAILABLE. Utility shall maintain, at
all reasonable daytime working hours, co.pies of its rules,
regulations and tariff for the inspection of interested prospective
consumers. In addition, Utility shall have available for consumers
copies of its metered rate schedule to advise consumers of the rates
and charges and to better enable consumers to interpret Utility's
regular billings.
11. WHOLESALE IRRIGATION WATER SERVICE. The parties
recognize that City was in its own right a consumer of Utility of
water for the purpose of community irrigation. Utility hereby
agrees to provide wholesale interruptable water service for
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irrigation purposes to City in accordance with the terms,
conditions and rates set forth in Exhibit C attached hereto and
made a part hereof. Said Exhibit C shall be filed as a part of
Utility's tariff with the Florida Public Service Commission
together with a request for approval thereof within ten (10) days
following the signing of this agreement. Said interruptable
wholesale service is designed to be furnished at times to avoid
peak hours of water demand. Therefore, regulation of City usage
shall be reserved to Utility and shall be in accordance with the
times for usage set forth in said Exhibit C. Utility agrees to
furnish to City, and City agrees to take and pay for, the whole-
sale interruptable water service referred to herein and in
accordance with the terms, conditions and rates set forth in
Exhibit C.
12. NECESSARY ORDINANCES. City agrees, upon request of
Utility, to adopt such reasonable and lawful ordinances as may
be necessary to carry out the spirit and intent of this agreement.
Included among such necessary ordinances may be those which will
entitle Utility to institute and conclude the meter installation
program referred to in Paragraph 4 of this agreement.
13. FRANCHISE FEE APPLICABLE. By virtue of the terms
and conditions of this agreement and by virtue of the discontinuance
of wholesale water and sewer services from Utility to City, the
franchise tax prescribed by the provisions of City Ordinance
No. 15-69 are hereby declared to be applicable to all revenues
generated by consumers, within the City of Tamarac, and after the
date of commencement of service to each consumer, and said franchise
fee shall be payable to the City as described in the aforesaid
Ordinance.
14. SEVERABILITY. Should any section or provision of
this agreement, or any paragraph, sentence or word hereof, be
declared by a court of competent jurisdiction to be invalid,
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such decision shall not affect the validity of the remainders
hereof as a whole, or any part hereof, other than the part
declared to be invalid.
IN WITNESS WHEREOF the parties hereto have caused
these premises to be executed this day and year first above
written.
CITY OF TAMARAC
ATTEST:
City Clerk
TAMARAC UTILITIES, INC.
,f
By ..
President
ATTEST:
Secretar
EBD:mp
10/8/70
52
APPLICATION FOR WATER AND SEWER SERVICE
Name Date
Street Address
Mail Address
Lot No. Block No. Subdivision
No. of Baths
Security Deposit
Account No.
Date Service Wanted Time Phone No.
Connection Charge
Date
. 19
The applicant hereby requests and authorizes Tamarac Utilities, Inc.
to render water and/or sewer service to the premises described above until
receipt of formal notice from applicant requesting discontinuance of such
water and/or sewer service.
The applicant hereby agrees to pay for such services in accordance
with the present or future rates, rules and regulations established by
Tamarac Utilities, Inc., which by reference are made a part of this con-
tract.
The applicant hereby agrees that Tamarac Utilities, Inc. and its
agents and representatives shall at all times have free access to the
equipment wherever it may be located for its inspection, repair, main-
tenance, removal. Customer hereby waives and releases all claim against
Company for its representatives for trespass, damage or loss incurred in
such removal.
The applicant hereby releases Tamarac Utilities, Inc. from any lia-
bility for damages to applicant resulting from discontinuance or stoppage
of such water and/or sewer service due to acts of God, fires, strikes,
casulties, accidents, power failures, necessary maintenance work, break-
downs, damage to machinery or lines, Civil or Military authority, riots,
or any cause beyond the control of Tamarac Utilities, Inc.
Signed:
By
Applicant
Accepted:
TAMARAC UTILITIES, INC.
M.
Carl S. Burbridge, President
Issuing Officer
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MAP OF PROPERTY WITCH CONSTIT11TES
SUBJECT MATUR OF THIS AGRE- E1,11,"
EXHIBIT "A"
`�'��r•,i� 3UTILITIES, IIvC. � 1\�
14,'A ER Dl i� ISION Or-*.g�.lral Sheet o . 21.0
0
RESID13NTIAL SERVICE
RATE SCHEDULE RS
EXHIBIT "B"
Availability - Available throughout the area served by the
Coliipany. .
Applicability - For water service for all purposes in private
xesidences and individually metered apartment units.
L _zni�ations - Subject to all of the Rules and Regulations of
ihi.s+ar.�.f and. General Rules and Regulations of the Commission.
Rate - Per Meter
Quantity Rate Per Month
First 3,000 Gallons or Less $ 3.75
Next 5,000 Gallons, per 1,000 Gallons •75
Next 10,000 Gallons, per 1,000 Gallons. .55
Over 18,000 Gallons, per 1,000 Gallons .45
Minimum Charge $3.75 per Month
Terms of Payment - Bills are due and payable when rendered and
become delinquent if not paid within fifteen (15) days and may,
after five (5) days written notice, be discontinued..
Carl S. Burbri.dge, P:-esident
p.
TAMARAC UTILITIES, INC. Original Sheet No. 18.0
SEINER DIVISION
RESIDENTIAL SERVICE
. RATE SCHEDULE RS
EXHIBIT "B"
Availability - Available throughout the area served by the
Company. Applicability - For sewer service in private residence and
individually metered apartment units.
Limitations - Subject to all of the Rules and Regulations
TF this tariff and General Rules and Regulations.of the
Commission.
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Rate = Flat Rate Per Month
z, c n
Each Additional Bath, per Bath 1.00
Minimum Charge - $ 3.50 per niionth
Terms of Payment - Bills are due and payable when rendered and
ecome elinquent if not paid within fifteen (15) days, and
may, after five (5) days written notice, be discontinued..
Carl S. Burbridge President
Issuing Officer
4 EXHIBIT C
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TAMARAC UTILITIES, INC.
Water Division
Original Sheet No. 23.1
INTERRUPTIBLE SERVICE
Availability:
Available throughout the area served by
the Company to businesses, governmental
agencies, associations and their assigned.
Applicability:
For irrigation service designed to be
furnished at times to avoid peak hours
of water demand.
Limitation:.
Interruptible service is limited to the
availability of the peak water supply.
The interruption of service will be at the
discretion of the Company depending upon
their peak water demand. It is subject to
all of the Rules and Regulations of this
.Tariff and General Rules and Regulations of
the Commission.
Per Meter
Rate
Per Month
First 3,000 gallons or less See minimum charge
All over 3,000
gallons, per 1,000 gallons $ .45
Minimum Charge
5/8" and 3/4"
$3.50
1"
5.00
1 1 / 2''
15.00
2"
25.00
Terms of Payment Bills are due and payable when rendered and
become delinquent if not paid within fifteen (15) days, and may,
after five (5) days written notice, be discontinued.
Carl S. Burbridge, President
Issuing Officer