82-KRESOLUTION NO. 82- K
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE
ON BEHALF OF THE SAID CITY THAT CERTAIN WATER
SUPPLY AGREEMENT WITH BRINY BREEZES, INC., A
COPY OF WHICH IS ATTACHED HERETO AND MADE A
PART HEREOF.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVE BY THE CITY
COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That the Mayor and City Clerk are here'by
authorized and directed to execute on 'behalf of the City of Boynto~
Beach, Florida, that certain Water Supply Agreement with Briny
Breezes, Inc., a copy of which is attached hereto and made a part
hereof.
Section 2. That the City Clerk is hereby directed to
forward an exeQU%ed copy of the subject Agreement to Briny Breezes
Inc.
Section 3.
upon its passage.
AAID ADOPTED THIS /f~kday of
PASSED
1982.
This Resolution shall take effect immediatel,
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
C~y Clerk
(Corp. Seal)
THIS AGREEMENT, made this~ ~__ day of
1982, by and between the CITY 'OF BOYNTON BEACH, a municipal corpora
tion, in the County of Palm Beach and State of Florida, (hereinafte
called the "City"), and BRINY BREEZES, INC., a Florida corporation,
(hereinafter called the "Company"),
W I T N E S S E T H:
WHEREAS, the City is the owner and operator of a water
system in the Coun.~y of Palm Beach, S~ate of Florida, and is en-
gaged in the distribution of water to consumers in the City of
Boynton Beache Palm Beach County, Florida, and the' territory
adjacent thereto~ and
W~EREAS, the Company is the owner and operator of a water
system in the Town of Briny Breezes~ Palm Beach County, Florida~
and is engaged in supplying water to consumers in the Town of
Briny BreezeS; and
WHEREAS~ the Company desires to Obtain a source of water
supply and the City is willing to furnish said water, subject to
the terms, conditions and limitations hereinafter set forth.
NOW, THEREFORE, the parties agree as follows:
io SUbject to the terms~ conditions and limitations
hereinafter set forth, the City agrees to sell and deliver to the
Company, and the Company agrees to purchase and receive from the
City, all water required or desired 'by the Company to meet the
water supply needs of the Town of Briny Breezes, provided, that in
no event shall the City be Obligated to deliver water to the
Company at a higher rate of delivery, or in a greater amount than
as herein provided for.
2. This contract shall take effect as of March 1, 1982,
and shall continue in full force and effect for a period of one
(1) year.
3. The Company shall pay to the City the water rates,
water meter connection charges, meter deposits, and all other
service charges pertaining to the municipal water system of the
~City on a per unit basis upon the rates set forth in the City's
Resolution No. 75-W, passed and adopted by the City on December 4,
1975, and upon such rates as may hereafter be adopted ~by the City
from time to time by Resolution or Ordinance I~ addit~
~cha ~ . ' .... to the
rges set forth heremnabove, the Company shall pay an annual fee
to the City for each fire hydrant Or stand pipe system connected to
the system and located within the service area covered by this
contract, the amounts specified in said Resolution No. 75-W as same
may hereafter be amended by Resolution or Ordinance of the City.
(1)
4. The City shall bill the Company on or before the 10th
of each month for all water delivered hereunder for the preceed.
calendar month. Payments shall 'be made by the Company to the
for each ~billing within ten (10) days from the date of said
g.
5. The City shall not be obligated at any time to delive
to the Company at a rate of delivery in excess of one (1)
foot per second; and the rate of delivery tha. t the City shall
obligated to deliver water hereunder to the Company shall not 'be
'ed during the remaining term of this contract except by %he
consent of the parties~
6. The City will endeavor to maintain a pressure of not
than 50 pounds per square inch at the point of
specified hergin, 'but assumes no responsibility or obligationdeti~ery with
espect thereto°
7~ The quality of water to be delivered by the City to
Company hereunder shall meet' the same standards as
ced by the City to its inhabitants, the water j
8~ The water to be fur~.ished hereunder shall be delivered
by the City to the Company at the point of intersection of the-
2ompany's and City's facilities located at Ruthmary Avenue
FloridaHighway. A-l-A, in the Town of Briny Breezes, Palm Beach Cou~ty~
9~ (a) The City at its expense shall furnish~ operate
~nd maintain all facilities~ rights-of-way and easements required
~o furnish service hereunder to, and measure such service as of~
the point of delivery specified' herein. The City's pipe lines at
such point of delivery shall not 'be less than six (6) inches in
kl.Z meter.
('b) The Company at its expense shall procure~ furnis~,
;nstall, operate, maintain all facilities, rights-of-way and ease-
ments, if any, required to receive, apply and utilize the water
~elivered hereunder, from the aforesaid point of delivery.
10~ (a) Ail water furnished 'by the City hereunder shall
~e measured by suita'ble metering equi.pmer~t of standard m~nuf~.cture
to be maintained¢ calibrated and read by the City at its expense.
('b) In the event more than a single meter is install-
-=d to measure the water furnished hereunder, the readings of tb~e
~everal meters shall be combined.
(c) The City¢ so far as practicable, shall read the
zeter or meters on or about the las~ day of each month.
, (d) The City, at its expense, shall periodically
inspect and test the meter or meters installed, as often as it
t~eems necessary. No meter shall be placed in service or allowed
ibc remain in service which has an error in registration in exces
i Df 2 per cent (2%) under normal operating conditi s
Ipurpose of this sub-Darasra~h ............. o.ns. For the
,~. .... ~ ~ ~.-, ~ m~z- wnlcn registers not more
%nan 2% slow or fast shall 'be deemed to 'be correct.
i 11. In the event the Company shall be confronted b a
~mergency whereby the Company shall nee~ ~-= ....... Y n
Wa' ' ¢ - ~ ~u ueszre ~e±zvery of
~ ~er hereunder at a higher rate of delivery than specified herein,
~t may notify the City in writing to such effect. The City, within
its sole discretion~ may thereupon deliver water hereunder to the
l~ompany at such higher rate of delivery and for such
!Idetermzned by the CitY. tzme as may be
12. The City ~shall use reasonable diligence and care to
provide regular and uninterrupted supply.of water to the Company,
and to avoid any shortage or any interruption of delivery thereof.
However, the City shall not be responsible in damages for any
failure to supply water, interruption of supply, or shortage of
water supply.
13. Ail water purchased and delivered hereunder shall be
used exclusively for the inha'bitants of the Town of Briny Breezes.
Without the prior consent of the City, the Company will not sell
or distribute such water to any other persons or corporations~
14. Without prior written consent of the City, neither
this contract nor any interest herein nor any claim arising here-
under shall, be transferred or assigned by the Company except to a
successor cqrporation with which the Company shall have 'been
consolidated or merged or which acquired by conveyance,- transfer
or condemnation all or substantially all of the Company's water
system_serving the Town of Briny Breezes~
15. This Agreement shall remain in full force and effect
until the expiration of the term set out above.
16~ In the event the Company should desire to install aR
extension to its existing water system, prior to proceeding with
such installation~ it shall notify the City of such intent and ~
shall submit to the City the plans and specifications re~ating to
such proposed extension for its review and approval. ~
IN WITNESS WHEREOF, the parties have caused these present
to be executed the day and year first aforesaid..
Signed, sealed and
delivered in the
presence of:
CITY OF BOYNTON BEACH, FLORIDA
Mayor 7~
ATTEST:
cit,/Clerk ~
s
(Corp j' ~Seal)
Signed, sealed and
delivered in the
presence of:
wltBess '-- -
Approved as to form and content:
ul~tt0rney ~
B.~R~.I~REEZES · INCORPORATED
~ / t,'"
x'.'//, ....... ~',
secretary
(Corp. Seal)
(3)