HomeMy WebLinkAboutCity of Tamarac Resolution R-97-1611
Temp. Reso. #7921
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-97- /w
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF TAMARAC AND NORTH
LAUDERDALE REGARDING THE DELIVERY OF WATER AND
SEWER SERVICE TO THE COURTYARDS OF BROWARD;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY: AND PROVIDING FOR AIN, EFFECTIVE DATE.
WHEREAS, the Florida Legislature passed and adopted House Bill 1389 which extends
and enlarges the corporate limits of North Lauderdale to include certain specified
unincorporated lands described within the Bill; and
WHEREAS, the Bill further provides for the effective date of the annexation described
therein to become legally effective on October 1, 1997, provided that an Interlocal Agreement
is executed between Tamarac and North Lauderdale for the provision of water and sewer
services to the annexation area described in the Bill; and
WHEREAS, representatives of Tamarac and North Lauderdale have negotiated a
means and method to accomplish the purpose and intent of the Bill by the execution of this
Interlocal Agreement, which, by its terms, shall provide for certain monetary payments from
North Lauderdale to Tamarac and certain additional covenants of Tamarac consistent with the
Bill; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the
best interests of the citizens and residents of the City of Tamarac to authorize the appropriate
City Officials to execute an Interlocal Agreement with North Lauderdale regarding the delivery
of water and sewer service to the Courtyards of Broward.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
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Temp. Reso. #7921
OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: That the appropriate City Officials are hereby authorized to execute the
attached Interlocal Agreement between Tamarac and North Lauderdale for the delivery of water
and sewer service to the Courtyards of Broward (attached hereto as "Exhibit 1 ")
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is held
by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it
shall not affect the validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED AND APPROVED this 30 day of tvxf, , 1997.
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AT EST:
N-"IA2Z:� ,
CAROL A. EVANS
City Clerk
I EREBY CERTIFY that I have
jap ro ed this ES L ]ON to rm.
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MI CHELL S. KRAFT
City Attorney
INTERLOCAL-COURTYARDS-dn
' RECORD OF COMMISSION
MAYOR
CHR I ER
DIST 1:
COMM. MCKAYE
DIST 2:
V/M MISHKIN
LIST 3:
COMM. SULTANOF
DIST Q;
MM UBERT
• INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT (the "Agreement") dated as of this Je day of
1997, is entered into by and among the City of North Lauderdale, a municipal
corporation created and existing under the laws of the State of Florida, acting by and through
its City Council ("North Lauderdale"), and the City of Tamarac, a municipal corporation created
and existing under the laws of the State of Florida, acting by and through its City Commission
("Tamarac") and with their participation evidenced by the signature of their authorized
representatives.
WITNESSETH:
WHEREAS, the Florida Legislature passed and adopted House Bill 1389 (Laws of
Florida 1997)(the "Bill") which, inter alia extends and enlarges the corporate limits of North
Lauderdale to include certain specified unincorporated lands described within the Bill; and
WHEREAS, the Bill further provides for the effective date of the annexation described
therein to become legally effective on October 1, 1997, provided that an Interlocal Agreement
is executed between Tamarac and North Lauderdale for the provision of water and sewer
services to the annexation area described in the Bill; and
WHEREAS, the Bill expressly requires that the Interlocal Agreement shall also be
satisfactory to the residents of the annexed area as evidenced by approval of the duly authorized
Board of Directors of The Courtyards of Broward Condominium Association, Inc. (the
"Courtyards"); and
WHEREAS, representatives of North Lauderdale and Tamarac have, in good faith met,
conferred, and diligently negotiated a means and method to accomplish the purpose and intent
of the Bill by the execution of this Interlocal Agreement, which, by its terms, shall provide for
certain monetary payments from North Lauderdale to Tamarac and certain additional covenants
of Tamarac consistent with the Bill; and
WHEREAS, the Board of Directors of The Courtyards have met, conferred, and shall,
by separate acknowledgement attached hereto, agree to the terms, conditions, and provisions of
this Interlocal Agreement in order to comply with, and to effectuate the purposes of the Bill to
best protect the health, safety, and welfare of the citizens and residents of North Lauderdale,
Tamarac, and The Courtyards; and
WHEREAS, North Lauderdale and Tamarac possess the legal authority pursuant to
Part II of Chapter 166 Florida Statutes, as amended, to enter into this Interlocal Agreement; and
WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Interlocal
Cooperation Act"), permits North Lauderdale and Tamarac, as public agencies under the
Interlocal Cooperation Act, to enter into interlocal agreements with each other to authorize one
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governmental party to exercise, on behalf of the other governmental units, jointly held powers,
privileges or authorities which each such governmental units share in common and which each
might exercise separately, permitting the governmental units to make the most efficient use of
their power by enabling them to cooperate on a basis of mutual advantage and thereby provide
services and facilities in a manner and pursuant to forms of governmental organization that
accords best with geographic, economic, population and other factors influencing the needs and
development of such governmental units; and
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and
agreements hereinafter set forth, the Parties hereto agree as follows:
1. RECITALS.
The recitals set forth above are true and correct and are incorporated herein by
reference. All Exhibits to this Agreement are hereby deemed a part hereof.
2. REPRESENTATIONS.
The parties hereto each covenant and agree that they possess the legal authority
pursuant to Chapter 166, Florida Statutes, as amended, in the exercise of their Home Rule
Powers, and the applicable sections of the charters of the Cities of North Lauderdale and
Tamarac to enter into this Interlocal Agreement and to fulfill its terms, conditions, and
provisions.
3. MUTUAL COVENANTS AND OBLIGATIONS OF THE PARTIES.
3.1 North Lauderdale shall tender the sum of ONE HUNDRED TWELVE
THOUSAND FIVE HUNDRED AND N0/100 ($112,500.00) DOLLARS to Tamarac upon
approval and execution of this Agreement by the duly authorized representatives of Tamarac in
full and complete payment and extinguishment of the existing twenty-five (25 %) percent
surcharge currently charged and billed to all water and sewer customers at The Courtyards by
Tamarac through the auspices of the existing water and sewer system serving the Courtyards of
Broward.
3.1.1 Within ninety (90) calendar days subsequent to the execution of the
"Acknowledgement" by The Courtyards, The Courtyards shall tender and pay to North
Lauderdale the sum of FIFTY THOUSAND AND N0/100 ($50,000.00) DOLLARS as and for
its proportionate payment and investment in the extinguishment of the twenty-five (25 %) percent
surcharge described in this Interlocal Agreement and paid by all water and sewer customers at
The Courtyards.
3.2 Upon the tender of the aforesaid ONE HUNDRED TWELVE THOUSAND FIVE
HUNDRED AND N0/100 ($112,500.00) DOLLARS, from North Lauderdale to Tamarac,
Tamarac shall forever extinguish and terminate now and in the future any and all water and/or
sewer surcharges presently at twenty-five (25 %) percent, from any customer billings to water
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and sewer customers of Tamarac at The Courtyards. Execution of this Interlocal Agreement by
Tamarac shall be evidence of such permanent extinguishment of such surcharge.
3.3 Notwithstanding the payment by North Lauderdale to Tamarac of the ONE
HUNDRED TWELVE THOUSAND FIVE HUNDRED AND NO/100 ($112,500.00)
DOLLARS, it is fully understood and agreed between the parties hereto that the water and sewer
utility system, including, but not limited to, its appurtenances and easements shall continue to
be the property of Tamarac with the corresponding obligation of perpetual care, maintenance,
and operation, at Tamarac's sole cost and expense.
3.4 The parties hereto covenant and agree that:
3.4.1 Tamarac shall eliminate and extinguish the collection of the surcharge,
from The Courtyards, described in Section 180.191, Florida Statutes;
3.4.2 Tamarac shall not pursue the alternate method of collecting a surcharge
pursuant to Section 180.191, Florida Statutes; and
3.4.3 Tamarac shall not pursue any other method to replace or to substitute the
25 % surcharge otherwise extinguished and terminated by the terms, conditions, and provisions
of this Interlocal Agreement.
40 Further, North Lauderdale shall possess no legal right or authority to control the means, method,
or amount of water and sewer charges to be assessed by Tamarac subsequent to the execution
of this Interlocal Agreement unless otherwise expressly provided for herein, and except for any
violation or breach of this Interlocal Agreement.
3.5 Upon execution of this Interlocal Agreement by the parties hereto, and an
acknowledgement executed by The Courtyards, this Interlocal Agreement shall serve as formal
notice to the Florida Legislature and to the Broward Delegation thereof that the annexation
contemplated by the Bill shall proceed with dispatch effective on October 1, 1997, and without
reservation or restriction in order to implement the provision of governmental functions and
services by North Lauderdale and the continuous and uninterrupted water and sewer service from
Tamarac to The Courtyards. Upon the payment contemplated in this Interlocal Agreement,
Tamarac shall not impose or collect the 25 % surcharge from The Courtyards.
4. GOVERNING LAW AND VENUE.
This Agreement shall be governed by the laws of the State of Florida. Should any
legal action be required pursuant to this Agreement, venue shall be in Broward County, Florida.
5. NOTICE.
Whenever any party desires to give notice unto any other party, it must be given
by written notice, sent by registered United States mail, with return receipt requested, addressed
to the party for whom it is intended and the remaining party, at the places last specified, and the
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places for giving of notice shall remain such until they shall have been changed by written notice
in compliance with the provisions of this section. For the present, the North Lauderdale and
Tamarac hereby designate the following as the respective places for giving of notice.
City of North Lauderdale: John Stunson, City Manager
City of North Lauderdale
709 Southwest 71st Avenue
North Lauderdale, FL 33068-2395
Copy To: Samuel S. Goren, Esquire, City Attorney
Josias, Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
City of Tamarac: Robert S. Noe, Jr., City Manager
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, FL 33321-2401
Copy To: Mitchell S. Kraft, Esquire
City Attorney
City Attorney's Office
7525 Northwest 88th Avenue
Tamarac, FL 33321-2401
6. BINDING AUTHORITY.
Each person signing this Agreement on behalf of either party individually warrants
that he or she has full legal power to execute this Agreement on behalf of the party for whom
he or she is signing, and to bind and obligate such party with respect to all provisions contained
in this Agreement.
7. HEADINGS.
Headings herein are for the convenience of reference only and shall not be
considered on any interpretation of this Agreement.
S. COUNTERPART SIGNATURES.
This Agreement may be executed in one or more counterparts, each of which shall
be deemed an original but all of which together will constitute one and the same instrument.
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9. LEGAL REPRESENTATION.
It is acknowledged that each party to this Agreement had the opportunity to be
represented by counsel in the preparation of this Agreement and accordingly the rule that a
contract shall be interpreted strictly against the party preparing same shall not apply herein due
to the joint contributions of both parties.
10. ATTORNEYS' FEES.
In connection with any litigation, including appellate proceedings, arising out of
this Interlocal Agreement, the prevailing party shall be entitled to recover reasonable attorneys'
fees and costs, including paralegal expenses, from the other party.
11. THIRD -PARTY BENEFICIARY STATUS.
The Courtyards shall, pursuant to the terms of this Interlocal Agreement and
House Bill 1389 (Laws of Florida 1997), possess third -party beneficiary status in accordance
with Florida General Law to enforce the terms of this Interlocal Agreement. The Courtyards
shall be bound by the provisions contained in paragraph 10 hereinabove set forth.
IN WIT SS WHEREOF, this Interlocal Agreement has been executed by the Parties
this_ day of�, 1997.
ORIDA
ng under
by and
APPRO7AS TO FORM AND LEGAL SUFFICIENCY:
SAMU'EL S. GORI, CITY ATTORNEY
CITY OF TAMARAC, a municipal corporation
(SEAL) created and existing under the laws of the State of
Florida, a, ing by and through its City Commission
ATTEST: BY: ,
JOE SCHREIBER Mayor
CAROL A. EVANS City Clerk
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41
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
I)
BY-'
MITCHELL S. KRAFT
CITY ATTORNEY
PRINT NAME
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PRINT NAME
ACKNOWLEDGED BY AND APPROVED BY:
THE COURTYARDS OF BROWARD
CONDOMINIUM ASSOCIATION, INC.
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