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HomeMy WebLinkAboutCity of Tamarac Resolution R-71-067CITY OF TAMARAC, FLORIDA RESOLUTION NO. iA 6-7 A RESOLUTION AUTHORIZING MODIFICATION OF AGREEMENT WITH TAMARAC UTILITIES, INC. IN ORDER TO EXPEDIT THE INSTALLATION OF WATER METERS IN THE CITY OF TAMARAC. WHEREAS, by resolution, the City of Tamarac requested and authorized Tamarac Utilities, Inc., to continue the ex- pansion 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 162 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 re- quested 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' Inc.'s installation of a meter on their premises2 then and in that event the City Manager is hereby instructed2 after 14 days written notice by Tamarac Utilities, Inc., to the consumer and to the City of Tamarac of Tamarac Utilities2 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 ll;�) "5� day of C)c- loV6F-R 1 1971. ATTEST: t CITY CLERK I HEREBY CERTIFY that I have approved the form and correctness of this Resolution I TY -2- MAYOR RECORD OF COUNCIL VOTE Mayer C ► man %`oyo�r Lan-,, { r MODIFICATION AGREEMENT This agreement made this � day of (0 o@ja-R 2 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 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 165 1970 to include additional territory to that territory originally encompassed by said agreement of October 16, 1970 and to modify certain 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 bothsuch agreements and said two prior agreements, together with this agreement shall be read in conjunction, f�ckch 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 er ices within a period not to exceed.180 days. All meter instal- rl 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 K ufta6eR. decor ` CL 2 _ .� x l• say = d °012 r � o�. I 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 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 Utility shall advise City, for in paragraph 4A above, n to which meter installation in writing, of each Sectio Consumers to which meter instal has been completed. - d, shall be rendered a final lations have been complete nd including the City's normal bill for service through a 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 umer'of the City and shall shall cease to be a cons service of the become a consumer of the water and sewer 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 11 c) Paragraph 11 of said agreement of October 161 1970, as aforesaid is hereby rescinded in its 1 entirety. Said recession is 'effective in its t 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 agreemtnt by the parties or by F, due actual prior written notice of termination.'` 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.2 agrees that it shall not hold the City of Tamarac responsible for the payment of any water for such purposes provided after r said date. 4. Notwithstanding any other provision of this agreement or any previous agreements between the parties after the installation of water metersprogram 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 written above. CITY OF TAMARA By MAYOR ATTEST: CI Y CLERK -4- .rw TAMARAC UTILITIES, INC. BY./- PRESI ATTEST: E C ARY - 5 - r-I MAP OF PROPERTY WHICH CONSTITUTES THE SUBJECT MATTER OF.THIS AGREEMENT EXHIBIT "A" -7 li SF -'SOWN AS SKADEl7 THUS'.