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R98-093RESOLUTION R98- ¢.~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF GULFSTREAM (TOWN) AND THE CITY OF BOYNTON BEACH (CITY) PROVIDING THAT THE CITY WOULD PROVIDE WATER TO THE TOWN ON AN AS-NEEDED BASIS SHOULD WATER SERVICE TO THE TOWN FAIL; PROVIDING THAT THIS AGREEMENT SHALL BE FILED WITH THE CLERK OF COURT FOR PALM BEACH COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and the Town have a 6-inch interconnection between respective water systems located in the A1A Right-of-Way and Little Club Road; and WHEREAS, Section 163.01, Florida Statutes authorizes municipalities to cooperate with one another in the providing of services; and WHEREAS, the City does not presently provide water service to the Town, but has the ability to do so if necessary; and WHEREAS, the Town desires to guard against the potential danger of failure of water service to the Town within the Town service area; and WHEREAS, the interconnection pipe can be utilized to service the Town with water if necessary; AND WHEREAS, city staff has recommended and the City Commission of the City of Boynton Beach has determined that it is in the best interests of the public to 'enter into this interlocal agreement with the Town of Gulfstream. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. This Commission does hereby authorize and direct the Mayor and City Clerk to execute an Interlocal Agreement between the Town of Gulfstream and the City of Boynton Beach providing that the City of Boynton Beach would provide water service to the Town of Gulfstream Service Area through existing utility connections on an as-needed basis should the existing system fail. A copy of said agreement is attached hereto as Exhibit "A." Section 2. Directing the City Clerk to file a copy of the agreement with the Clerk of Court in and for Palm Beach County, Florida pursuant to Section 163.01, Florida Statutes. Section3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this /~ day of May, 1998. CITY OF BOYNTON BEACH, FLORIDA Mayor yor Pro Tern Commissionor ATTEST: lllllllll/i, . :',,,,. ~~ate S~ ~ water INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND Aug-L:~tS98 &?.: 18pm 98--330<91 7 THE TOWN OF GULF STREAM OR~ Z ¢~E,00 P§ 79~ THIS INTERLOCAL AGREEMENT made and entered into this 15th day of May, 1998, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "BOYNTON BEACH", and the TOWN OF GULF STREAM, a Florida Municipal corporation, hereinafter referred to as "GULF STREAM" WITNESSETH WHEREAS, BOYNTON BEACH and GULF STREAM have a 6-inch interconnection between each water system located in the A-1-A Right of Way and Little Club Road; and, WHEREAS, GULF STREAM desires to guard against the potential danger of failure of ~ water service to GULF STREAM customers within the GULF STREAM service area; and, NOW, THEREFORE, in consideration of the mutual promises contained herein, BOYNTON BEACH and GULF STREAM hereby agree as follows: 1. This agreement constitutes an Interlocal agreement authorized by Section 163.01, F.S., being a joint exercise of power shared in common that any municipality could exercise separately, and shall be filed with the Clerk of Court in and for Palm Beach, County, Flodda upon execution. The purpose of this agreement is that in the event of a GULF STREAM system failure or a~s scheduled maintenance or capital improvement, the pressure valve at the interconnect will be opened to provide potable water to GULF STREAM customers under the terms and condition herein. A. B. customers. C. BOYNTON BEACH may limit the amount of water to be supplied. BOYNTON BEACH may require GULF STREAM to impose use restrictions on its The water used will be measured by a six (6) inch compound turbine meter, with a maximum flow capacity of 1000 - 2500 gallons per minute. Charges for the metered water use through the interconnection shall be at the prevailing lowest ~inside-city" rate. No capacity or other fixed charges shall be assessed. The meter shall be read concurrently by BOYNTON BEACH and GULF STREAM approximately the first of each month. GULF STREAM shall make payment to BOYNTON BEACH within thirty (30) days of the' invoice date on the monthly bill. D. In the event of the required use of the interconnect, a written or verbal communication from the Town Manger or his authorized representative, setting forth the reason and estimated time of use, shall be provided to BOYNTON BEACH, DirectOr of Utilities'_office. E. All notices and Payments between the parties hereto shall be mailed by certified mail, and return receipt requested to the following addresses: AS TO CITY OF BOYNTON BEACH: City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 ORB :1. O~E~;~ Pa 793 ter pe ex[: inte all iml (3( th~ sh~ ag AS TO TOWN OF GULF STREAM Town Manager Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 F. The term of this Agreeme ~inated as provided herein. This agree od, unless either party provides written iration of the term. 3. 4. rconnection are resolved. 5. Each party to this agreemer negligent actions by its employees, The services and provisions The price per thousand gall(: Any and all disagreements 3t shaft be for a' pedod of 5 years, unless sooner rnent shall automatically renew for an additional 5 year notice to the other at least thirty (30) days pdor to the ~under. Nothing contained herein shal lunity protections or the limitation of lial: 6. Either party- may terminate days notice to the other party, such te A. Each person signing this a.( he or she has the legal power~o execL is signing, and to bind and obligate si .~ement. of this AGREEMENT are reciprocal. ns will be the lowest commercial rate from each party. in water previously invoiced and/or used through this t shall remain liable for its own negligence and any and agents or officers in the performance of obligations be construed as a waiver of the applicable sovereign ility set forth in section 768.28, F.S. ~is agreement for any reason upon a minimum of thirty mination. reement on behalf of either party individually warrants te this agreement on behalf of the party for whom he or Ich party with respect to all provisions contained in the B. If any terms or provision oflthis Interlocal Agreement, or the application thereof to an~r person or circumstance, shall to any e~ent be held invalid or unenforceable, the remainder of this Intedocal Agreement, or the appliCation of such term or provision, to any person or cir(~umstance| other than those 'as to which it is held invalid or unenforceable, shall not be affected, 08 10600 pB 79z, DOROTHY H. ~IU<E~. O.E~ pB ~TY. FL and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. C. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce, or arising out of this Interlocai agreement shall .be held in Palm Beach County, Flodda. D. This Intedocal Agreement represents the entire understanding of the Parties, and supersedes all other negotiations, representation or agreements, either wdtten or oral, relating to this Interlocal Agreement. None of the provisions, terms and conditions contained herein may be added to, modified, superseded or otherwise altered, except by wdtten instrument executed by the Parties hereto. 7. This AGREEMENT may be amended only in writing, executed by both parties to the Ag[~eement. 8. This AGREEMENT shall take effect upont~._its execution by both parties. Dated at Boynton Beach, Flodda, this c~'7 day of /~'~rlj_.~- , 1998. ' D FC By CITY OF BOYNTON BEACH ~.~,~1920/ ~ ' o OF Mayor Att~.~st: A Town Clerk loved as m: ~rney, Cityfo'f Boynton Beach