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
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MAYOR
RECORD OF COUNCIL VOTE
Mayer C ► man
%`oyo�r Lan-,,
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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-
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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
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.
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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
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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
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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
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TAMARAC UTILITIES, INC.
BY./-
PRESI
ATTEST:
E C ARY
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MAP OF PROPERTY WHICH CONSTITUTES THE
SUBJECT MATTER OF.THIS AGREEMENT
EXHIBIT "A"
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