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HomeMy WebLinkAboutCity of Tamarac Resolution R-79-101Introduced by: VI>71 '-?Vgg::5g- Temp. # /o,l�p/ 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: 2 SECTION 1: That the approval and written consent to 3 any sale, conveyance or assignment in any way of said Tamarac 4 Utilities, Inc.and its facilities, which are the subject of said 5 Franchise and subject to said Ordinance No. 16-69, shall not be 6 given by the City of Tamarac unless and until any such sale, 7 conveyance, assignment or other disposition to any purchaser or 8 assignee meets at least the following conditions severally and 9 collectively: 10 1. That such sale or conveyance or assignment 11 or other disposition be in the public interest of the inhabitants 12 of the City of Tamarac. 13 2. That the terms and conditions of said 14 Ordinance No. 16-69 and said Franchise be and remain fully applicable 15 to any purchaser and be and remain in full force and effect. 36 3. That the rates for water and sewer service 17 provided by the facilities of Tamarac Utilities, Inc. shall not be 18 increased for the inhabitants of the City of Tamarac on account of 19 the price or terms made upon any such sale, conveyance, assignment, 20 or other disposition, which would exceed those rates available to 21 Tamarac Utilities, Inc. under Ordinance No. 16-69 and Chapter 367, 22 Florida Statutes, as if the sale, conveyance, assignment, or other 23 disposition had not occurred. 24 4. That the purchaser comply with all 25 terms and conditions of Droward County 201 Regional Waste 26 Water Disposal Plan, whatever those requirements may be. 27 28 29 5. That the waste water disposal system of 30 the Utility shall not now, or in the future, utilize deep well . 31 injection for effluent disposal. 32 6. That the Public Service Commission of the 33 State of Florida find that the sale, conveyance, assignment or other 34 disposition be in the public interest under Florida Statute Section 367.071(l), 2. 1 1 2 3 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 7 disposition of said Utility; and 8 2. That the above enumerated conditions 9 are not exclusive but only among such other and further reasons 10 that might subsequently be deemed proper and in the public interest 11 and for the public health, safety and welfare, upon study of any 12 specific application made for approval and written consent on the 13 14 15 16 17 18 19 20 21 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: 22 23 24 CITY CLERK 25 26 I HEREBY CERTIFY that I have approved the form 27 and correctness of this RESOLUTION 28 29 30 CITY ATT RNEY 31 32 33 34 RECORD OF COUNCIL VOTE MAYOR: a-e-t-P DISTRICT 1: DISTRICT 2: DISTRICT 3: DISTRICT 4: 3.