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HomeMy WebLinkAboutCity of Tamarac Resolution R-91-076Temp. Reso. # 6024 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-91- - %,fin - - A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN INTER --LOCAL AGREEMENT WITH THE CITY OF NORTH LAUDER- DALE PERTAINING TO PROVIDING EMERGENCY WATER IN THE EVENT OF A WATER SYSTEM FAILURE, CAUSING AN EMERGENCY IN EITHER CITY, AND -PROVIDING AN EFFECTIVE DATE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are hereby authorized to execute an Inter -local Agreement with the City of North Lauderdale pertaining to providing emergency water in the event of a water system failure, causing an emergency in either City, a copy of said agreement being attached hereto as "Exhibit 1". SECTION 2: This resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of ,1991. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as NORMAN ABRAMOWITZ MAYOR RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ DISTRICT I C/Ali KATZ w Lf DISTRICT 2: _g,/% SCHUMANN DISTRICT 3: C/+IV GLASSER 1 DISTRICT 4: , -V/M_ BEN E INTERLOCAL AGREEMENT �' PROVIDING FOR EMERGENCY WATER CONNECTIONS BETWEEN CITY OF TAMARAC AND CITY OF NORTH LAUDERDALE THIS AGREEMENT entered into this day of 1991 by and between the City of North Lauderdale, it e- �/- 94 1, a Florida municipal corporation, with its principal address at business at 701 S.W. 71st Avenue, North Lauderdale, hereinafter referred to as "North Lauderdale", and the City of Tamarac, a Florida municipal corporation, having its principal address at 7525 N.W. Bath Avenue, Tamarac, Florida, hereinafter referred to as "Tamarac". W I T N E S S E T H: WHEREAS, the Cities of Tamarac and North Lauderdale are adjacent municipal corporations; and WHEREAS, the cities desire to address their mutual concerns by entering into this interlocal agreement, pursuant to Section 163.01 Florida Statutes; NOW THEREFORE, in consideration of the mutual promises contained herein, the cities agree as follows: 1. Tamarac will connect its water system to the water system of North Lauderdale in accordance with the specifications provided by Tamarac which are incorporated herein by reference and made a specific part hereof. up- � I -- ?(=,c, 2. Tamarac and North Lauderdale, at their own cost and expense, shall install a physical connection to the center line of 64th Avenue, North of Commercial Boulevard, to accomodate and to accomplish this activity. 3. The connection shall be controlled by two (2) valves, one of which will be operable by each City, and maintained by each City. 4. In the event of a water system failure, causing an emergency in either City, the valve of the party not experiencing the emergency shall be opened so as to permit the flow of water to the party experiencing the emergency. 5. In case of an emergency, a written or verbal 0 communication from the City Manager or the Utility Director of either City setting forth the emergency and estimated time of use, shall be made and shall be the only request necessary to open the valve. Turning off the valve shall be handled by the same procedure. There shall be no charge for the water provided under the Agreement. 6. Each party to this Agreement expressly acknowledges the right of either party to refuse to provide the emergency water service, as set forth in this Agreement, if the party refusing determines that the provision of such service would constitute a danger to the health, safety and welfare of its citizens. In the event of such refusal, the requesting party agrees to waive any claim of loss or damage against the refusing party. Page 2 of 5 A le` Q /_ %tf 7. This Agreement may be terminated by either party upon thirty (30) days notice by delivery of an executed resolution of such termination adopted by the party seeking termination. 8. This Agreement shall take effect upon its execution by both parties, and its filing with the Clerk of the Circuit Court in and for Hroward County, Florida. 9. It is understood and agreed that this document incorporates and includes all prior negotiations, correspondences, conversations, agreements or undertakings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or undertakings concerning the subject matter of this Agreement that are not . contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. 10. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and with equal dignity herewith. 11. This Agreement or any interest therein, shall not be assigned, transferred or otherwise encumbered under any circumstances by either party. 12. The Cities agree to indemnify and save each other, their agents, servants and employees harmless from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission, or negligent act of either party, Page 3 of 5 J its agents, servants and employees arising out of the performance of services under this Agreement to the extent provided by law. 13. This Agreement is executed and is to be performed in the State of Florida, and shall be governed by and construed in accordance with the laws of the State of Florida. This document shall be executed in at least four (4) counterparts, each of which shall be deemed to be a duplicate original. 14. In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover all costs incurred, including a reasonable attorneys fee at both trial and appellate levels. This and all other provisions of the Contract shall survive the execution of this transaction. venue • of any litigation shall be set in the Circuit Court of Broward County, Florida. 15. Wherever any approval is required hereunder, it shall not be unreasonably withheld. 15. The parties covenant and agree that time is of the essence in the performance of any and all obligations contained herein. 10) ATTEST: �ry J n Kelly, Ciat Manager Carol A. Evans, Cit Clerk APP TO CITY OF TAMARAC APPROVED AT MEETING OF Alan F. Ruf, City Attorney Page 4 of 5 0 ATTEST: Milli Dyer-Assentato, City Clerk APPROVED AS TO FORM: Samuel S. Goren, City Attorney SSG: lap letters/nl watragmt ct �l ,e- 9/- CITY OF NORTH LAUDERDALE Mayor Jack Brady Edward F. Goebel, City Manager Page 5 of 5