HomeMy WebLinkAboutR-1988-043 e
RESOLUTION NO. 43-88
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE THE RAW WATER METER CONNECTION
AGREEMENT BETWEEN THE CITY OF DANIA AND
BROWARD COUNTY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission
City Manager and City Attorney
of the City of Dania, Florida, have reviewed the attached form of
Agreement and find it to be appropriate to the needs of the City
of Dania.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section I . That the City Commission of the City of Dania,
Florida, does hereby approve the Large User Raw Water Agreement
between the City and
Broward County covering a raw water meter
connection, a copy of which is attached hereto and made a part
hereof as Exhibit
—Section 2 That the
Mayor - Commissioner,
City Manager and
� City Clerk - Auditor are hereby authorized and directed to forth-
with execute said Agreement on behalf of the City of Dania, Florida,
Section 3. That
this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED and
ADOPTED this 13thday of September, 1988.
OR -
ATTEST:
CITY CLERK AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
By
4FN C ADLER,
City Attorney
Resolution No. 43_8y
i
TO BE RECORDED
roject N
Budget H
LARGE USER RAW WATER AGREEMENT
THIS AGREEMENT , Made and entered into in Broward
County , Florida , this day of 198 , by
and between BROWARD COUN Y a political subdivision o the—'3tate
of Florida , hereinafter called "COUNTY" and
hereinafter called .
W I T N E S S E T H
WHEREAS , BROWARD COUNTY is the owner and operator of a
water treatment and a sewage/wastewater treatment plant , together
with wellfields , water distribution and sewage or wastewater
collection facilities known as BROWARD COUNTY WATER AND SEWER
SYSTEM .
WHEREAS , CITY owns or controls certain property or
supplies water service to an area in Broward County, Florida , as
shown and described in EXHIBIT "A" attached hereto and made a
part hereof ; and all references hereinafter contained to CITY ' S
service area mean the property herein referred to ; and
WHEREAS , CITY is desirous of procuring raw water serv- _
ice from the COUNTY for the service area described in Exhibit
"A" ; and
WHEREAS , the parties hereto desire to enter into an
agreement setting forth the mutual understandings and undertak-
ings regarding the furnishing of said raw water services by
COUNTY to the service area hereinabove referred to ; and
WHEREAS , this agreement and all stipulations and
covenants are acknowledged to be subject to the approval of the
Florida Department of Health and Rehabilitative Service , the
Florida Department of Environmental Regulation, the Broward
County Health Department , and any other regulatory agencies
having jurisdiction of the subject matter of this agreement .
NOW , THEREFORE , in consideration of the mutual cove-
nants and undertakings of the parties hereto and other good and
valuable considerations ; the parties hereto covenant and agree
subject to the above provisions of the fifth preamble each with
the other as follows :
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(A) It shall be the obligation of the CITY , at its
expense to design , construct and install raw water service lines ,
and connection in accordance with plans , specifications and
engineering data as submitted by a Florida registered engineer to
be approved by the regulatory agencies and by the COUNTY ' S
consulting engineers or Director of Public Works , or its
authorized representative ; and said raw water meter connection
shall be installed and connected to COUNTY ' S existing raw water
service lines , all of which work shall be paid for by the CITY .
( B) The CITY shall , at its expense, retain the
services of the same registered professional engineer who pre-
pared plans and specifications for the water meter connection for
the purposes of providing necessary inspection and supervision of
the construction work to insure that construction is at all times
in compliance with accepted engineering practices and the ap-
proved plans and specifications . A copy of each field report
shall be submitted to COUNTY as each inspection is made. Should
there subsequently be cause or reason for the CITY to engage the
services of another registered engineer then CITY must notify the
COUNTY within five ( 5) days of such engagement .
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(C ) CITY shall arrange for and hold a preconstruction
meeting with the Director of Public Works or its authorized
representative together with CITY or CITY ' S engineer or
contractor. Notification of said meeting shall be made in writ-
ing and received by all parties seventy-two ( 72 ) hours in advance
and said meeting shall be held at least twenty-four (24 ) hours
prior to start of any/all phases of construction .
( D) The work to be performed by CITY, as above
provided for, may not be commenced until all plans and specifica-
tions covering the work to be performed are approved in writing
by COUNTY ' S Consulting Engineers or Director of Public Works or
its authorized representative .
( E ) CITY shall notify COUNTY before any construction
is begun and at the time when inspections shall be required .
Said notification shall be made in writing and shall be received
by the COUNTY at least twenty-four (24 ) hours in advance of the
time construction is begun or inspections shall be made .
(F ) During construction and at the time when periodic
inspections are required, COUNTY 'S Consulting Engineers or Direc-
tor of Public Works or its authorized representative , together
with CI TV S engineer, shall be present to observe and jointly
witness tests for determination of conformance to approved plans
and specifications .
(G) The work to be performed by CITY, pursuant to the
provisions set forth herein , shall be in accordance with all
requirements of the regulatory agencies having jurisdiction of
the subject matter of this agreement .
( H ) When the raw water meter connection has been
satisfactorily installed , inspected , tested , and approved in
writing by the CITY ' S engineer , together with COUNTY ' S Consulting
Engineer or Director of Public Works or its authorized
representative, the COUNTY shall thereafter maintain the raw
water meter connection system up to and within granted easements
provided the obligation of the COUNTY to maintain the raw water
meter connection shall not take effect until such time as CITY
has conveyed title to said systems to COUNTY and furnish the as-
built drawings described in Paragraph ( I ) below .
CITY shall , at its expense , and at no cost to
COUNTY, furnish the COUNTY one complete set of reproducible As-
Builts of the completed works or installations on transparent -
film base or on such other transparent material as approved by
COUNTY plus eight (8 ) sets of As-Built prints made from the
original As-Built drawing. Said As-Built drawing to be on
transparent material and the prints shall be certified and sealed
by a Florida registered Engineer and must show all pertinent
information thereon . As -Built drawing information as to ease-
ments , the correct location of all mains , services , grades ,
invert elevations , heights related to known datum, and all appur-
tenances belonging to the completed works or installation at
option of the COUNTY, shall also be certified and sealed by a
Florida registered Professional Land Surveyor. The As -Built
drawing and all information shown thereon shall be to the approv-
al of COUNTY .
(J ) Both parties agree that COUNTY shall provide raw
water transmission service to CITY at fees , rates and charges
constituting the full cost of such service , which shall include
OPERATING AND MAINTENANCE CHARGES. Such fees , rates and charges
shall be just and equitable , and COUNTY shall set the same fees ,
rates and charges for all FUTURE USERS that are within the same
class . Such fees , rates and charges shall be as per EXHIBIT ' B ' .
( K) Should COUNTY , or the Director of Public Works
and/or the Director of Utilities Division or their authorized
representative determine that the safe maximum operating capacity
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(as in accordance with AWWA standards ) of a meter is exceeded or
may be exceeded, the COUNTY shall retain the authority to require
the CITY to replace the meter or install such additional metering
COUNTY by Bill eof a Sale aAbs ol utec ats no y e y cost to the and nv same to the
COUNTY .
(L) CITY shall pay to COUNTY the sum of
as CITY S % share of the cost Of
construction for two (2) deep wells as part of the COUNTY ' S 3A
Water Treatment Plant Wellfield . Said improvements are shown
represented on sketch marked Exhibit "D" , attached hereto and
made a part of this agreement . Payment by the CITY shall occur
upon execution of this agreement .
In the event the deep wells do not produce the required
designed raw water gallons per day to meet paragraph IV (8 ) , the
CITY shall receive only its proportionate share of the actual
well production based on the deep well design ratio and the
COUNTY may elect to obtain 3A Water Treatment Plant Wellfield
approvals from the regulatories for additional deep well
construction in which case the CITY may choose to share in the
cost to meet their regional raw water gallons per day demands per
paragraph IV (8 ) .
(M ) If for any reason caused by CITY , or its agents ,
the proposed connection is abandoned , terminated or caused to be
canceled short of full completion , it is mutually agreed by the
parties that this agreement is voidable by COUNTY. In the event -
that COUNTY exercises its right to void this agreement , notice
shall be sent to CITY at the address set forth in Paragraph VI .
}� It is mutually agreed by the parties hereto that the monies paid
to the COUNTY shall serve as liquidated damages and no refund
shall accrue to the CITY . Failure to continue or proceed with
construction in a meaningful manner for a consecutive period of
180 days shall be deemed to be an abandonment or termination.
Meaningful , as used herein is defined as proceeding with
construction in a normal manner customary and common in the
trade .
( N ) CITY shall install at its expense and at no cost
to the COUNTY
which shall be constructed to specifications and standards ap-
proved by COUNTY and as shown on the drawings prepared by
dated recorded in the office of
Broward County Public Works Department , Utilities Division , as
Drawing No. which drawing is incorporated by refer-
ence herein and made a part of this agreement . A copy of which
drawing is marked "Approved " and delivered to CITY receipt of
which CITY hereby acknowledges .
Upon satisfactory completion of said raw water meter
connection CITY shall transfer title of same to COUNTY , at no
cost to COUNTY , by B ILL OF (SALE (ABSO LUTE i(n )accordance w(t j the
terms of Paragraph 11 ( 1 ) , 2 ) , 3 ) , 4 ) , 5 6 7 8 and
( 9 ) herein .
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Upon completion , approval and acceptance of the work
required to be done CITY shall , without cost to COUNTY :
( 1 ) Convey to COUNTY and its successors and assigns by
good and sufficient easement deed , in a form satisfactory to
COUNTY , a perpetual right , easement and privilege to operate ,
maintain , repair or replace all water mains , pipes , connections ,
pumps and meters within granted easements upon CITY ' S property
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in connection with supplying raw water service to the
inhabitants , occupants and CITYs in CITY ' S service area and
secure from each mortgagee and lienor a release of mortgagee ; and
Iienors interest in the easement and fixtures hereon for so
long as the easement is used for the operation , maintenance ,
repair or replacement of water mains , pipes , connections , pumps
and meters within the easements .
( 2 ) Transfer to COUNTY by BILL OF SALE ABSOLUTE all
CITY ' S right , title and interest in and to all of the raw water
supply lines , mains , pumps , connection , pipes , valves , meters and
equipment installed up to and within granted easements and right-
of-way within the lands described in EXHIBIT "C " attached hereto
and made a part hereof for the purpose of supplying raw water
service within the CITY ' S service area . Said BILL OF SALE
ABSOLUTE shall be written in such a form as approved and accepted
by COUNTY.
( 3) Furnish COUNTY with an AFFIDAVIT that all persons ,
firms or corporation who furnished labor or material used direct-
ly or indirectly in the prosecution of the work required to be
performed by this agreement have been paid . Said AFFIDAVIT shall
be written in such a form as approved and accepted by COUNTY .
( 4) Furnish COUNTY with RELEASE OF LIENS from all
contractors and suppliers of materials and/or labor who might
have acquired interest into the installations by the supplying of
materials and/or labor otherwise .
( 5) Furnish COUNTY with a FINAL RELEASE OF LIEN re-
leasing all liens which CITY might have on the
works/installations . Said FINAL RELEASE OF LIEN shall be written
in such a form as approved and accepted by COUNTY .
( 6 ) Furnish COUNTY with all manufacturers ' warranties
which CITY might have received or is due to receive on any part
of the installations .
( 7) Pay to the COUNTY any and all applicable charges
which shall be due and payable prior to connection to COUNTY ' S
raw water system.
( 8) Furnish COUNTY with a satisfactory warranty or
bond guaranteeing instaIIion pursuant to this agreement against
defect in material , equipment or construction for a period of not
less than one ( 1 ) year from date of acceptance of same by COUNTY . _
Said warranty shall be in such a form as approved and accepted by
COUNTY.
( 9 ) Furnish COUNTY with COST LETTER stating the cost
of the installations done under this agreement . Said COST LETTER
shall be in such a form as approved by COUNTY .
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COUNTY further covenants and agrees with CITY pursuant
to Paragraph I1 , ( 1 ) , ( 2 ) , ( 3 ) , ( 4 ) , ( 5 ) , ( 6 ) , ( 1 ) , ( 8) and ( 9 )
as follows :
( 1 ) COUNTY shall make its best efforts to furnish raw
water of the quality "as is " and does not guatantee the water ' s
quality .
(2 ) COUNTY shall make its best efforts to supply , at
all times , for the use of the CITY at the point of connection to
its raw water system , a quantity of water under adequate pressure
satisfactory for use by the CITY .
Provided the obligation of the COUNTY to furnish
service other than water for construction purposes shall not
arise until CITY has completed construction of the facilities
required to be constructed by CITY pursuant to this agreement and
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has conveyed title to said facilities to the COUNTY as provided
herein .
( 3) COUNTY shall establish a raw water sampling point
at a mutually agreeable location at or near the point of
connection so that both parties may obtain samples of the raw
water delivered by the COUNTY to the CITY . COUNTY agrees to
provide for such right-of-way privilege upon properties within
its control as may be necessary to allow CITY reasonable access
to the sampling point .
CITY shall have the right to obtain raw water
samples during normal business hours provided , however, no such
inspection shall be made unless CITY shall first give COUNTY
written notice of its intent to obtain samples , nor shall any
such samples be obtained prior to forty eight (48) hours ,
excluding Saturdays , Sundays , and holidays , subsequent to the
receipt of said notice by COUNTY . The cost of collecting and
testing such samples shall be borne by the CITY . The COUNTY
reserves the right to collect duplicate samples with the CITY .
(4) COUNTY shall make its best effort to have
reimbursed to the CITY paragraph II ( 9 ) cost of installation upon
CITY entering into the establishment of the raw water delivery
system known as COUNTY ' S raw water supply with the funding by
COUNTY through Countywide ad valorem tax .
( 5) CITY , its successor and assigns do hereby agree
between the parties , upon being provided documents for _
establishing the COUNTY ' S RAW WATER SUPPLY , shall enter into
agreement for raw water service under this program. Upon
execution of the agreement by both parties this agreement is
cancelled per paragraph IV ( 17 ) .
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IV o-
It is mutually covenanted and agreed by and between the
parties as follows :
( 1 ) COUNTY shall have the right to furnish raw water
services to consumers within the area covered by this agreement ;
and
} (2 ) CITY shall do all things and make all instal -
lations and perform all work in accordance with the terms of this
agreement ; and
(3 ) CITY , its successors and assigns are hereby
prohibited from installing or maintaining any additional water
wells unless approved by the COUNTY in writing except for
irrigation purposes ; and
( 4 ) COUNTY shall not be liable or responsible for
maintenance or operation of any pipes , pipelines , valves fixtures
or equipment on any of the properties of the consumers or users
in the CITY ' S meter connection other than the raw water within
granted easement to COUNTY pursuant to Paragraph II ( 1 ) ; and
( 5 ) The CITY shall keep all water pipes , service
lines , connections and necessary fixtures and equipment in the
service area in good order and condition . The sale of raw water
by County to the CITY shall occur at the C I T Y ' S side of the
meter ; and
( 6) No water from COUNTY ' S raw water system is to be
used or disbursed by CITY or its agents outside the indicated
service area to be served as shown in EXHIBIT "A" , attached
hereto and made a part hereof . The area of service may be ex-
tended only with the written approval of the COUNTY , such docu-
ment having the same formality and of equal dignity as the origi -
nal agreement ; and
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average flow of the thirty day period prior to the date the meter
became inoperative ; and
( 14) CITY agrees that COUNTY shall bill CITY for raw
water provided to CITY on a monthly basis in accordance with its
standard billing procedure , CITY shall pay such billings within
thirty days of the date of mailing the monthly bill . Should CITY
not pay within the thirty day period, CITY shall pay an
additional ( )% of the bill . Should a billing or a portion of
the billing be outstanding for a period of more than forty-five
days from the date of the original billing, then CITY shall be
considered in default and COUNTY, in addition to all other rights
and remedies , shall have the right and power, by suit , action ,
mandamus or other such proceedings at law or in equity , to
protect , enforce, and compel performance by the CITY and any of
the officers , agents or employees of said CITY to perform and
carry out . - its and their duties and obligations under this
agreement or applicable law; and
( 15) COUNTY agrees that the rates , fees and charges to
be billed to CITY shall be the rates in effect at the time of the
billing and shall be the same rates as are charged to other
customers of the same class . It is understood that the rates ,
fees and charges may from time to time be amended and adopted by
the Board of County Commissioners at a Public Hearing ; and
( 16) CITY shall submit a map indicating the area to be
served as a result of this agreement and shall be shown as
EXHIBIT "A" , attached hereto and made a part hereof. The area of _
service may be extended only with the written approval of COUNTY ,
such document having the same formality and of equal dignity as
ik the original agreement ; and
( 17) CITY and COUNTY agree that this agreement shall b
not be canceled on any condition except by a mutual cancellation
agreement between the parties hereto, which shall be a written
document executed with the same formality and of equal dignity
herewith ; and
( 18) Both parties agree that all legal requirements for
execution of this agreement have been performed and each party
hereto agrees to exchange with the other certified copies of the
- J} official records of its governing body which authorize the execu-
tion of this agreement ; and
( 19) Any temporary cessations or interruptions of the
furnishing of raw water service to the property described
herein at any time caused by an Act of God, fires , strikes ,
casualties , accidents , power failures , maintenance work ,
breakdowns , damage to equipment or mains , civil or military
authority, riots or other cause beyond the control of the COUNTY
shall not constitute a breach of the provisions contained herein
or impose liability upon the COUNTY by the CITY, its successors
and assigns ; and
(20) If any section , subsection , sentence, clause,
phrase or portion of this agreement is for any reason held inva-
lid or unconstitutional by any court of competent jurisdiction ,
such portion shall be deemed a separate distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof .
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(A ) The provisions of this agreement shall be binding
upon and inure to the benefits of successors in title to the real
property described in this agreement as being owned by CITY.
However, any other assignment or transfer of C I T Y ' S rights and
obligations under this agreement is hereby prohibited without the
prior written consent of COUNTY .
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( 1 ) COUNTY shall maintain and test the meter( s ) and
annually shall have a test conducted by a representative of the
manufacturer or other competent entity . A copy of the annual
report on meter ( s ) inspection shall be furnished to CITY . CITY
may from time to Lime request permission to have a meter test
conducted. CITY shall submit the request at least 48 hours not
including weekends or holidays , prior to the test . In the event
the meter ( s ) is not accurate within the manufacturer ' s
recommended range , then COUNTY shall pay the costs of the test .
If the meter ( s ) is found to be within the recommended range , CITY
shall pay the cost of the test ; and
(8) CITY agrees that it has reviewed its present and
future needs for raw water service and with the advice and coun-
sel of a professional engineer, has projected its raw water
service needs as shown below to the best of its knowledge and
ability .
Year Projected Raw Water Annual Average Flow In MGD
19
19
19
19
19
19
These projections shall serve as a reasonable estimate
of the future needs of CITY for the purpose of planning ,
expansion construction , modification or alteration of COUNTY
facilities . CITY further agrees that said raw water flows shall
not exceed gallons per day unless previous approval to
exceed that amount has been granted in writing by COUNTY .
Both parties agree to obey regulatories ' orders issued
to the COUNTY for water conservation , such as cut backs in
gallons per day demand , time of use , or any other such order as
may be issued to the COUNTY ; and
( 9 ) CITY agrees that , through the use of acceptable
Y•«F methods adequate provisions shall be included in the delivery
facilities to prevent excessive peak flow rates . The average
daily flow shall be controlled such that it is used over the 24-
hour-per-day rate in a continuous manner directly related to
demand ; and
( 10 ) In the event CITY causes a flow rate in excess of
the average daily rate as related to hour-per-day for any
recorded period, CITY shall pay to COUNTY a % additional
charge for the period ; and
( 11 ) CITY agrees that , should the flow rate continue
in excess of the average daily rate as related to hour-per-day
for a period of seven days the COUNTY shall install such device
as to assure the flow rate amount is not exceeded . The cost for
such device to be paid by the CITY ; and
( 12 ) CITY agrees that , should the metering equipment
be found to be inaccurate beyond the manufacturer ' s range of
accuracy , the meter shall be assumed to be inaccurate since the
last meter check or for a period of three months , whichever time
should be less , and that the following month ' s billing shall be
adjusted to show a credit or additional charge to CITY for that
period ; and
( 13) CITY agrees that , if at any time the metering
system shall be inoperative or in any way fails to provide infor-
mation with respect to the quantity of flow into CITY ' S water
system, CITY shall pay to COUNTY a daily amount equal to the
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ent
rded
records of (BrowardsCounty ,nFloriidabefor theoparticular the public
placing all owners or occupants of p purpose serviceof
area connected or to be connected topsaidr water es � systems SofCITYS
upon notice of each and every one of the provisions herein
contained.
VI
Whenever either party desires to give notice unto other, it must be given by written notice, sent by certified o the
registered mail , with return receipt requested addressed to the
party for whom it is intended, at the place specified as the
place for giving of notice shall remain in such until it shall
have been changed by written notice in compliance with the provi -
sions of this paragraph . For the present , the parties designate
the following at the respective places for the giving of notice
to wit :
FOR BROWARD COUNTY 2401 NORTH POWERLINE ROAD
POMPANO BEACH , FLORIDA 33069
FOR CITY
Notice so addressed and sent by certified or registered
mail , with return receipt requested shall be deemed given when it
shall have been so deposited in the United States Mail .
It is mutually agreed that the COUNTY shall be held
harmless from any and all liability for damages if COUNTY ' S
obligations under this Agreement cannot be fulfilled as a result
of any ruling or order by any other governmental or regulatory
agency having jurisdiction over the subject matter hereof ; and in
such event this Agreement shall be null and void and
unenforceable by either party .
force
This Agreement is to terminate and be of no further
and effect upon completion of all of the terms and
obligations hereunder to be performed by the parties hereto
providing all the installations are completed within months
from the date of this Agreement . Should the installations not be
completed within that time period, then COUNTY has the right to
grant or to refuse an extension of time at its option depending
upon the circumstances prevailing . Should COUNTY elect to
refuse an extension of time then this Agreement becomes voidable
and all monies paid by CITY under this Agreement shall be
retained by COUNTY as liquidated damages and no refund shall
accrue to CITY .
IN WITNESS WHERREOF , the parties hereto have made and
executed this Agreement on the respective dates under each
signature: BROWARD COUNTY through its BOARD OF COUNTY
COMMISSIONERS , signing by and through its Chairman , authorized to
execute same by Board action on the day of Ig and ,
through signing by and
duly authorized to execute same.
COUNTY
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BROWARD COUNTY through its
ATTEST BOARD OF COUNTY COMMISSIONERS
County Administrator and x-
Officio Clerk of the Board of By
County Commissioners of , Chairman
Broward County, Florida
day of 19
Approved as to form and legality
by Office of General Counsel for
Broward County, Florida
SUSAN F . DELEGAL ,General Counsel
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale , Florida 33301
Telephone : ( 305 ) 357-7600 "
By
Assistant General Counsel
WITNESS :
BY
day of 19
STATE OF FLORIDA )
COUNTY OF )
I HEREBY CERTIFY , That on this day before me personally
appeared
and
as President and Secretary respectively of
WITNESS my signature and official seal at
County State of
this day of 198
Notary Public
My Commission expires :
STATE OF )
COUNTY OF j
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I HEREBY CERTIFY, That on this day before me personally
appeared
to me known to be the persons described in and who executed the
foregoing agreement and acknowledged the execution thereof to be
their free act and deed for the uses and purposed therein
expressed.
WITNESS my signature and official seal at
County of this day of
198
My Commission expires : Notary Public
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Exhibit "A"
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Area to be served
Broward County Utilities Division designated Drawing No . J
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EXHIBIT "B"
RATE SCHEDULE -OF CHARGES FOR RAW WATER SERVICE FOR BROWARD COUNTY UTILITIES
DIVISION ACCORDING TO THE FOLLOWING:
RAW WATER CHARGES
The rate to be charged to the CITY is to be calculated annually based on
budgeted full cost of service for the year and projected raw water flows
for the year. CITY charges for fiscal year are cents per 1000
gallons for first year. After the close of the fisca year, an annual
adjustment shall be computed which shall be based upon the actual operating
and maintenance expenses recorded for the COUNTY facilities for that fiscal
year divided by the actual number of thousands of gallons of raw water
provided through the system for that fiscal year. Such adjustment shall be
made subsequent to final verification of operations and maintenance charges by
annual audit performed by a Certified Public Accountant. If the annual
adjustment shows that an underpayment was made by CITY, the amount due and
owing shall be paid by CITY in twelve (12) equal monthly payments and shown as
a separate item on the monthly bills during the next twelve months after the
adjustment has been made. If the annual adjustment shows that an overpayment
was made by CITY, the amount due and owing CITY shall be credited to CITY in
,,Jiy twelve (12) equal monthly installments and shown separately on the monthly
bills during the next twelve months after the adjustment has been determined.
OPERATING AND MAINTENANCE CHARGES
Operating and maintenance charges shall mean the COUNTY'S reasonable and
necessary current expenses of maintenance, repair, and operation of the
System, and shall include, without limiting the generality of the foregoing,
all ordinary and usual expenses of maintenance and repair, which may include
expenses not annually recurring, COUNTY administrative expenses, and any
reasonable charges for pension or retirement funds properly chargeable to the
service insurance premiums, engineering expenses relating to maintenance,
repair and operation, legal expenses, any taxes which may be lawfully imposed
on income or operations and reserves for such taxes, and any other expenses
required to be paid by the COUNTY, all in accordance with the accrual method
of accounting, but shall not include any reserves for extraordinary
maintenance or repair, or any allowance for depreciation on City constructed
contributed facilities, any amortization charges, or any deposits or transfers
to the credit of the Sinking Fund, Loan Repayment Fund, the Renewal and
Replacement Fund, a,id the General Reserve Fund.
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EXHIBIT "C"
y.
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