HomeMy WebLinkAboutCity of Tamarac Resolution R-71-034S
CITY OF TAMARAC, FLORIDA
RESOLUTION #
WHEREAS, by resolution, 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 an additional modification agreement
modifying that water agreement between the parties dated August 22,
1969, and that modification agreement entered into between the
parties dated October 16, 1970, 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 City Manager are hereby authorized and
instructed to execute and enter into that modification agreement,
a copy of which is attached hereto and made a part hereof, by and
^ 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.
The City Manager is hereby authorized and instructed to carry
out the requirements of the modification agreement and to further
aid Tamarac Utilities, Inc.,in the completion of the subject program.
All affected consumers of said program are hereby requested
to cooperate with Tamarac Utilities, Inc., and the City of Tamarac
in the institution of said program and the installation of water
meters.
Should any consumer refuse or interfere with Tamarac Utilities,
"1-0�
Inc.'s
installation of
a meter on
their premises, then
and
in that
event
the City Manager
is hereby
instructed, after 14
days
written
notice by Tamarac Utilities, Inc., to the consumer and to the City
of Tamarac of Tamarac Utilities, Inc.'s readiness to install a
water meter, to provide for the termination of water service through
the facilities of the City of Tamarac to the offending consumer.
PASSED, ADOPTED AND APPROVED, this Z0 day rx, 1 ,
1971.
_ATTEST:
JVITY CLERX- MANAGER
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MODIFICATION AGREEMENT
This agreement made this day of , 1971
between the City of Tamarac, a municpal corporation in Broward
County, Florida, hereinafter referred to as "City", and
Tamarac Utilities, Inc., a Florida corporation, hereinafter
r referred to as "Utility".
WHEREAS, Utility and City have entered into an agreement
dated the 22nd day of August, 1969, providing for the
furnishing by Utility of wholesale water and sanitary
sewage to City; and WHEREAS, Utility and City have entered
into a Modification Agreement dated the 16th day of October,
1970, which agreement modified certain of the provisions
of the agreement of August 22, 1969; and
WHEREAS, the parties hereto desire to extend the provisions
of the Modification Agreement of October 16, 1970 to include
additional territory to that territory originally encompassed
by said agreement of October 16, 1970 and to modify certain
w provisions of said Modification Agreement of October 16,
1970, and WHEREAS, City has 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 service being individually
metered to the consumer, in additional territories of the
City of Tamarac not previously encompassed by the Modifi-
cation agreement of October 16, 1970,
NOW THEREFORE, in consideration of these premises and the
public purposes declared, the parties hereto expressly
agree as follows:
.1. FORMER AGREEMENTS - The parties hereby declare that
the agreements of August 22, 1969 and October 16, 1970
are hereby ratified and confirmed and declared to be in
full force and effect in accordance with the terms set
forth therein. This agreement shall be considered a
further modification of both such agreements and said
two prior agreements, together with this agreement shall
be read in conjunction, each with the other.
Provisions of the agreements of August 22, 1969 and
October 16, 1970, not expressly modified herein, shall
remain in full force and effect.
2. ADDITIONAL PROPERTIES COVERED - The property description
set forth as Exhibit "A" attached to the agreement of
October 16, 1970 is hereby amended and expanded to include
the property contained in Exhibit "A" attached to this
agreement and made a part hereof. By this agreement, such
additional property shall be subject to the terms and
conditions of the agreement of October 16, 1970 as if
such additional property has been originally included in
said agreement of October 16, 1970.
3. AMENDED PROVISIONS - The parties hereto agree that para-
graphs 4, 5 and 11 of the agreement dated October 16,
1970, are hereby amended as hereinafter provided for.
a) Paragraph 4 of the aforesaid agreement is hereby
amended by adding thereto paragraph 4A as follows:
4A. METERED SYSTEM. Utility shall, within (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 180 days. All meter instal-
lations 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 accessible meter so that the consumer may
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be fully informed, it is the intention of the parties
that meters and shut off cocks shall be located at
i
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 under-
ground at the property line for any individual'home
except at Utility option.
b) Paragraph 5 of the aforesaid agreement is hereby
amended by adding thereto paragraph 5A as follows:
5A. TRANSFER OF CUSTOMER ACCOUNTS. During the meter
installation program as pertains to the area provided
for in paragraph 4A above, Utility shall advise City,
in writing, of each Section to which meter installation
has been completed. Consumers to which meter instal-
lations have been completed, shall be rendered a final
bill for service through and including the City's normal
billing date. Utility shall read.each meter to cor-
respond with the date of the City's final bill and
Utility shall thereafter, in accordance with Utility's
own billing cycles, render a bill to each consumer
based upon metered service from the date of the City's
final bill, which shall be considered the date of
commencement of service by Utility. From the date of
the Utility's commencement of service, the consumer
shall cease to be a consumer of the City and shall
become a consumer of the water and sewer service of the
" Utility pursuant to the terms of City Franchise
Ordinance No. 16-69 and Florida Public Service Com-
mission Certificates No. WS-109 and SS-100.
- 3 -
c) Paragraph 11 of said agreement as aforesaid is
hereby rescinded in its entirety. Said rescission
is effective in its entirety as of April 1, 1971,
for all "community irrigation" water purchased through
the City except for those areas of the City for which
such water service was previously terminated either
by mutual agreement by the parties or by physical
practice of the parties. Notwithstanding any other]
provision of this agreement or any other previous
agreement or any other oral or written agreements
the City of Tamarac shall not, effective the lst day
of April, 1971, purchase any water for irrigation
purposes on individual residential lots and Tamarac
Utilities, Inc., agrees that it shall not hold the
City of Tamarac responsible for the payment of any
water for such purposes provided after said date.
4. Notwithstanding any other provision of this agreement or
any previous agreements between the parties after the installation
of water meters program as provided for and contemplated in this
agreement is completed the City of Tamarac shall no longer purchase
any water for purposes of resale or distribution to ultimate
consumers. However, this shall in no way affect the right of
the City of Tamarac to purchase water from Tamarac Utilities, Inc.,
for municipal purposes.
IN WITNESS WHEREOF, the parties hereto have caused these
premises to be executed this day and year first above written.
CITY OF TAMARAC
By
ATTEST: MAYOR
CITY CLERK
- 4
ATTEST:
SECRETARY
0
TAMARAC UTILITIES, INC.
By
PRESIDENT
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MAP OF PROPERTY WHICH CONSTITUTES THE
SUBJECT MATTER OF.THIS AGREEMENT
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