HomeMy WebLinkAboutCity of Tamarac Resolution R-79-101Introduced by: VI>71 '-?Vgg::5g-
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1 CITY OF TAMARAC, FLORIDA
2 RESOLUTION NO./0
3 A RESOLUTION PERTAINING TO TAMARAC UTILITIES, INC.
4
5 WHEREAS, in the public interest of the City of Tamarac
6 acting by and through its City Council duly and regularly granted
7 Tamarac Utilities, Inc. a Franchise to render water and sanitary
8 sewer service to the inhabitants of the City of Tamarac subject to
9 the terms and conditions provided by Ordinance No. 16-69 of the
10 City of Tamarac; and
11 WHEREAS, Tamarac Utilities, Inc. duly and regularly
12 accepted the said Franchise subject to the terms and conditions of
13 said ordinance No. 16-69 of the City of Tamarac; and
14 WHEREAS, it has come to the attention of the City of
15 Tamarac that Tamarac Utilities, Inc. may be considering the sale,
16 transfer or ownership and control, or other disposition, of its
17 sewer and water utility which is the subject of said Franchise
18 granted by the City of Tamarac; and
19 WHEREAS, Section 24 of said Ordinance No. 16-69 of the
20 City of Tamarac provides:
21 "That the Utility shall have no right to sell, convey
22 or assign in any way any of the water or sewerage
23 facilities without the written consent of the City,
24 said approval and consent not to be unreasonably
25 withheld";
26 and
27 WHEREAS, the City of Tamarac, acting by and through its
28 City Council, deems it responsible and in the best interest of the
29 public,and of all parties concerned,to express and make known its
30 position as to any such sale, transfer or ownership and control, or
31 other disposition of said Utility pursuant to the said Franchise and
32 said Ordinance No. 16-69.
33 NOW, THEREFORE, IN THE INTEREST OF PUBLIC HEALTH, SAFETY,
34 AND WELFARE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
I
TAMARAC,FLORIDA:
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SECTION 1: That the approval and written consent to
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any sale, conveyance or assignment in any way of said Tamarac
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Utilities, Inc.and its facilities, which are the subject of said
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Franchise and subject to said Ordinance No. 16-69, shall not be
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given by the City of Tamarac unless and until any such sale,
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conveyance, assignment or other disposition to any purchaser or
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assignee meets at least the following conditions severally and
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collectively:
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1. That such sale or conveyance or assignment
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or other disposition be in the public interest of the inhabitants
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of the City of Tamarac.
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2. That the terms and conditions of said
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Ordinance No. 16-69 and said Franchise be and remain fully applicable
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to any purchaser and be and remain in full force and effect.
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3. That the rates for water and sewer service
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provided by the facilities of Tamarac Utilities, Inc. shall not be
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increased for the inhabitants of the City of Tamarac on account of
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the price or terms made upon any such sale, conveyance, assignment,
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or other disposition, which would exceed those rates available to
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Tamarac Utilities, Inc. under Ordinance No. 16-69 and Chapter 367,
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Florida Statutes, as if the sale, conveyance, assignment, or other
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disposition had not occurred.
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4. That the purchaser comply with all
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terms and conditions of Droward County 201 Regional Waste
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Water Disposal Plan, whatever those requirements may be.
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5. That the waste water disposal system of
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the Utility shall not now, or in the future, utilize deep well
. 31
injection for effluent disposal.
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6. That the Public Service Commission of the
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State of Florida find that the sale, conveyance, assignment or other
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disposition be in the public interest under Florida Statute Section
367.071(l),
2.
1
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2
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SECTION 2: 1. That
failure
to meet the above
4
conditions,
or any one of them, shall
be deemed by the City of
5
Tamarac to
be reasonable grounds
upon
which to withhold its
b
approval of
any such sale, conveyance,
assignment, or other
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disposition
of said Utility; and
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2. That
the
above enumerated conditions
9
are not exclusive
but only among
such
other and further reasons
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that might subsequently be
deemed proper and in the
public
interest
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and for the public health,
safety and welfare, upon
study
of any
12
specific application made
for approval and written
consent
on the
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14
15
16
17
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20
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part of the City of Tamarac, pursuant to Section 24 of said
Ordinance No. 16-69 upon any actual contemplated sale, conveyance,
assignment, or other disposition of said Utility.
SECTION 3: This Resolution shall become effective
immediately upon its passage.
PASSED, APPROVED AND ADOPTED thi
ATTEST:
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23
24 CITY CLERK
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26 I HEREBY CERTIFY that I
have approved the form
27 and correctness of this
RESOLUTION
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29
30 CITY ATT RNEY
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RECORD OF COUNCIL VOTE
MAYOR: a-e-t-P
DISTRICT 1:
DISTRICT 2:
DISTRICT 3:
DISTRICT 4:
3.