HomeMy WebLinkAboutR-1997-173 RESOLUTION NO. 173-97
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RENEWING THAT
CERTAIN AGREEMENT BETWEEN THE CITY OF DANIA AND THE CITY
OF HOLLYWOOD FOR THE PURCHASE AND SALE OF POTABLE WATER;
DIRECTING DANIA' S UTILITY DIRECTOR TO PROVIDE NOTICE TO
THE CITY OF HOLLYWOOD OF THE RENEWAL; PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH
BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania and the City of Hollywood entered
into an agreement, dated May 23, 1968, for the purchase by the City
of Dania of all potable water it may need from the City of
Hollywood; and
WHEREAS, the aforesaid agreement states that Dania shall pay
to Hollywood as compensation for all water delivered to Dania, the
rates established in the agreement with provision for increases
that shall not exceed the percentage of increase in the rates
Hollywood charges its individual customers; and
WHEREAS, the aforesaid agreement became effective July 1, 1968
and continues through June 30, 1998; and
WHEREAS, the aforesaid agreement grants the City of Dania the
option of renewing said agreement for additional ten year periods
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with notice to the City of Hollywood no later than six months prior
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to the date said agreement expires; and
WHEREAS, the City Commission of the City of Dania has
II determined it is in the City of Dania' s best interest to renew the
aforesaid water purchase agreement with the City of Hollywood.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1 . That the agreement between the City of Dania and
the City of Hollywood for the purchase and sale of potable water,
a copy of which is attached hereto and marked Exhibit "A", be and
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the same is renewed for a ten year period beginning July 1, 1998
and continuing until June 30, 2008 .
Section 2 . The City of Dania' s utilities director is
instructed to furnish the City of Hollywood with notice by
certified mail forthwith that the City of Dania has renewed the
aforesaid agreement for a ten year period as aforesaid.
Section 3. That all resolutions or parts of resolutions in
,) conflict herewith be and the same are hereby repealed to the extent
of such conflict .
Section 4 . That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED AND ADOPTED THIS 9TH DAY OF DECEMBER, 1997 .
YOR-COMMISS NER
ATTEST : /
CLERK-AU TOR
APPR E AS 7ARM AND CORRECTNESS:
CITY TTORN Y
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AGREEMENT
THIS AGREEMENT made and entered into this —,Llzday
of �lA Gk 1968, by and between the CITY OF HOLLYWOOD, FLORIDA
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a Municipal corporation Qtereinafter referred to as "Hollywood", party of the
first part), and the CITY OF DANIA, FLORIDA, a municipal corporation
(hereinafter referred to as "Dania", party of the second part);
WITNESSETH:
WHEREAS, Hollywood owns, maintains and operates a
water production and distribution plant, and
WHEREAS, Dania requires the use of Hollywood's water
for consumption by its residents, and
WHEREAS, engineers representing both parties have determined
that it is feasible for Hollywood to furnish water to Dania,
NOW, THEREFORE, for and in consideration of the covenants
and undertakings of each party for and with the other, and the Agreement
herein contained, the parties do hereby agree as follows:
1. Hollywood shall sell and deliver to Dania all water that
Dania may need from time to time and at all times during the effective period
of this Agreement for services by Dania to the residents within its corporate
limits. :Hollywood shall have such water available for delivery to Dania as
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Dania may need at all times subject only to its inability from doing so due to
events over which it has no control, including but not limited to fire, storm,
flood, explosion, civil commotion or riot, acts of the public enemy, sabots g@.
strikes, walk outs, labor disputes, or acts of God,
2. All water delivered by Hollywood hereunder shall be of
good and potable quality satisfactory for domestic use and shall have received
the same treatment and be of the same quality as that furnished by Hollywood
to the individual customers from Hollywood's Water Department. Hollywood
shall maintain adequate water pressure, similar to the water pressure being
"v maintained throughout Hollywood's water system.
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3. The water furnished hereunder will be delivered by
Hollywood and will be accepted and received by Dania from Hollywood's
meter at 20th Avenue and Sheridan Street, which is hereby declared to be
i the point of delivery. Additional points of delivery may be established at
such times and places as shall be mutually agreed upon by the parties hereto.
Dania shall bear the entire cost and expense of extending at least an eight
inch water line to each point of delivery and connecting same to the connecting
piping which shall be provided for this purpose at each point of delivery.
Hollywood shall install at Dania's expense at each point of delivery such
water meters, valves or meter structures as may be necessary to comply
This inclusion
approved by with the terms hereof. The water meter will become the property of the City of
Commissio nJ.,Dania however. the maintenance of said water meter will be undertaken by the Citv
j 5/15/,68 1/ of Hollywood. 4, Dania sha!l install whatever water distribution system
extensions may be necessary and required on its side of the meter to connect
to its existing water distribution system at its own cost and expense.
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S. It shall be the sole duty and obligation of Hollywood
to read, maintain and test the water meter or meters to be installed. However,
Dania shall, from time to time, and at reasonable times, have the privilege
o f reading said meter or meters, inspecting same and causing same to be
tested by its employees or appointees, but under the supervision and con-
trol of Hollywood.
6. In order to remain current under the terms hereof, Dania
agrees to pay to Hollywood a minimum sum of $1.50 per month, as and when
Dania is billed by Hollywood for same. Dania shall pay to Hollywood and
Hollywood shall accept from Dania, as compensation for all water delivered
to Dania hereunder, during each month of the effective period hereof, such
amounts as shall be determined in accordance with the following rates:
The minimum charge, as set forth above, in the
amount of $1.50 shall cover all water used up to
3,000.gallons.
Any water used in excess of 3,000 gallons and not
more than 100,000 gallons shall be at the rate of
$0.40 per each 1,000 gallons.
All water used in excess of 100,000 gallons shall
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be at the rate of $0.2250 per 1,000 gallons.
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The rates may be increased by Hollywood and Dania agrees
z� to pay such increased rates, at such time or times as the rates charged
to the consumers of Hollywood's Water Department is increased by Hollywood
or by any rate making regulatory agency that has Jurisdiction at such time,
and such increase in Dania rates shall not exceed the percentage of increase
as is made in the rates of the of Hollywood's Water
Department.
7. Matters of billing, payment of bills, delinquent payments,
meter maintenance and the like shall be governed by the following provisions
of the City Code of the City of Hollywood, by which provisions Dania agrees
to abide and which are incorporated herein by reference:
53.18 (7) and (8); 63.34; 63.27; 63.28; 63.31;
63.35; 63.36; 36.37; 63.38; 63.39 and 63.41
8. This Agreement shall become effective on July 1, 1968
and shall continue until June 30, 1998.
This Agreement shall, at the option of Dania, be renewable
for ten-year periods, provided notice in writing is given by Dania to Holly-
wood by Certified Mail not later than six (6) months prior to the expiration
date of the original term or any extension thereof.
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9. Hollywood recognizes, covenants and agrees that in
anticipation of the use by Dania of Hollywood's facilities as outlined above,
j Dania is expending large sums of money in consequence of which Hollywood
cannot cancel this Agreement on any condition save and except non-payment
of the sums as above outlined.
10. This Agreement shall bind the parties hereto and their
successors and assigns.
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IN WITNESS WHEREOF, the parties hereto have caused
these presents to be duly executed by their authorized officers for and
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RESOLUTION NO. R /JP
A RESOLUTION AUTHORIZING THE PERTINENT OFFICIALS
OF THE CITY OF HOLLYWOOD TO EXECUTE THE AGREE-
MENT WITH THE CITY OF DMIA, FLORIDA, A MUNICIPAL
CORPORATION,'TO SELL WATER, IN ACCORDANCE WITH THE
TERMS AND SUBJECT TO THE CONDITIONS AS RECITED IN
THE AGREEMENT ATTACHED HERETO AND MADE A PART HERE-
OF AS THOUGH FULLY RECITED HEREIN.
WHEREAS, the City Commission, after due consideration, deems
it in the public interest to enter into the agreement with the City of
Dania, a Municipal Corporation, for the sale of water, in accordance
with the terms and conditions as recited in the Agreement attached
hereto and made a part hereof as though fully recited herein.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF HOLLYWOOD, FLORIDA:
Section 1: That the pertinent officials of the City of Hollywood
be and they are hereby authorized to execute on behalf of the City of Holly-
wood the Agreement attached hereto and made a part hereof as though fully
recited herein for the purpose of selling water.
Section 2: That this Resolution shall be in full force and
effect immediately upon its passage and adoption.
PASSED AM ADOPTED this�day of _,yam
i 1968.
I MAYOR
ATTEST:
I CLERK
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I. Jean M. Hall, duly appointed City Clerk of the Cily of Hollywood,
Florida, do hereby certify that the foregoing is a true and correct copy of
Resolution No. 68-65 passed and adopted by the City Commission of the City
j of Hollywood and was in full effect as of May 8, 1968.
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Dated this 15 day of May, 1968.
lea P3. Hall, City Clerk
City of Hollywood, Florida
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on behalf of the said parties the day and year first above written.
Signed, sealed and delivered
in the presence of: CITY OF HOLLYWOOD, a municipal
corporation
/ MAYOR
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ATTEST: acv r '2! �
As to City of Hollywood CITY CLERK
CITY ofmunicipal corporation
BY:
i
YO
/ ATTEST: C
CITY CLERK
As to City of D a Cl
APPRO D AS T
City Attorney, City of Hollywood
City Attorney, City of Dania
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