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,
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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.
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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.
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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,
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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.
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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
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ATTEST:
Milli Dyer-Assentato, City Clerk
APPROVED AS TO FORM:
Samuel S. Goren, City Attorney
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CITY OF NORTH LAUDERDALE
Mayor Jack Brady
Edward F. Goebel, City Manager
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