81-IRESOLUTION NO. 81- ~
A RESOLUTION OF THE CITYCOUNCIL OF THE CITY
OF BOYNTON~-_BEACH, FLORIDA, AUTHORIZING, ~_~D
DIRECTING THE MAYORAND CITY CLERK TO EXECUTE
ON BEHALF OF THE SAID CITY THAT CERTAIN~IATER
SUPPLY AGREEMENT WITH BRINY~BREEZES, INC., A
COPY OF WHICH IS kTTACHED HERETO AND MADE A
PART HEREOF.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE.
CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute on behalf of the City of
Boynton Beach, Florida, that certain Water Supply Agreement
with Briny Breezes, Inc., a copy of which is attached hereto
and made a part hereof,
by Briny Breezes, Inc.
after said Agreement has been executed
to
to Briny Breezes,
Section 3.
immediately upon its passage.
PASSED and ADOPTED this
Section 2. That the City Manager is hereby directed
forward the original and one copy of the aforesaid Agreement
Inc., for execution.
This Resolution shall take effect
CITY OF
By:
Mayor
day of February 1981.
BOYNTQN B~CH, FLORIDA
ATTEST:
City Clerk
(Corp Seal)
WATER SUPPLY CONTRACT
THIS AGP~EBMENT, made this day of
-. , 198t,!
by and between the CITY OF BOYNTON BEACH,
- p ratlv~,
in the County of Palm Beach and
called the "-City"),
(hereinafter called
State of Florida, (hereinafter
and BRIAPI BREEZES, INC., a Florida corporation,
the "Company"),
[~ W I T I~.E S S E T I~:
ii WliEREAS~ the City is the owner and. operator of a Water
system in the County of Palm Beach, State of Florida, and is
e
ngage~ in the distribution of water to consumers
Boynton Beach, Palm Beach County, Florida, and
adjacent thereto; and
and is
Briny Breezes; and
~_w:'[EREAS, the Company des ires to obtain a source of water
supply and the City is willing to furnish said water, subject to
the te~ms, conditions and limitations hereinafter s~t forth.
in the City of
the territory
WHEREAS, th'e:Company is the owner and operator of ~ water
in the Town of Briny Breezes, Palm Beach County, Florida,
engaged in supplying water to consumers in the Town of
NOW, T~IEREFORE, the parties agree as follows:
1. Subject to the terms, conditions and limitations
hereinafter set forth, the City agrees to sell and deliver to the
Company, and the Company a~rees to purchase and receive from the
City~ all water required, or deszree' ~ 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 h gner rate of a~lzvery, or in a greater amount than
as herein provided for.
2. This contract shall take effect as of March 1, 1981,
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 c~nnection 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 ~ates as may hereafter be. adopted by the City
from time to time by Resolution or Ordinance.
-1-
In addition to the charges set forth hereinabove, 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
se'rvice are~ COVered by this contract, the amounts specified in
said Resolution Mo. 75-W as same may hereafter be amended by
Resolution or Ordinance of the City.
4. The City shall bill th~ Company on or before the 10th
day of each month for all wa~er delivered hereunder for the
preceding calendar month. Payments shall be made by the Company
to the City for each billing within ten (10) days from the date
of said billing.
5. The City shall not be obligated at any time to eliver
d
cubic foot per second; an? the rate of delivery that the C1
.shall be obligated to deliver Water here~A~ ..... - ty
wa~r to the Company at a rate of delivery in excess of on? (1)
not be changed durin~ the rem ' ' - ~_ uu ~ne uompany shall
, ~ aznlng ~erm of this contract except
by the mutual consent of the parties.
6. The City will endeavor to maintain a pressure of not
less than 50 pounds per square inch.at the point of delivery
specified herein, but assumes no responsibility or obligation
with respect thereto.
7. The quality of wa~er to be delivered by the City to
i the Company hereunder shall meet the same standards as the wa~er
i delivered by the City to its inhabitants.
-Il 8. The water to be furnished hereunder shall be
I! delivered by the City to the Company at the point of 'ntersec~zon
of the Company's and City's facilities located at Ruthmary Avenue
and Highway A-l-A, in the Town of Briny Breeze~ Palm Beach
County, Florida. ~ '
9. (a) The City at its expense shall furnish, operate and
maintain all facilities, rights-Of-way and easements required to
furn~ish service hereunder to, and measure suc~-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
diameter ~
(b) The Company at its expense shall procure, fufnish~
install~ operate, maintain all facilit£es, rights-of-way and
easements, if any, required to receive, apply ~nd utilize the
water delivered hereunder, from the aforesaid point of delivery.
10. (a) All w~ter furnished by th~ City hereunder shall be
measured by suitable metering equipment of standard manufacture
to be maintained~ calibrated and read by the City at its expense.
(b) In the event more than a single meter is installed
to measure the water furnished hereunder, the readings of the
several meters shall be combined°.
(c) The City, so far as practicable, shall read the
meter or meters on or about the last day of each month.
(d) The City, at its expense,, shall pe ' 'rlod~cally
inspect and test the meter or meters installed, as often as it
deems necessary. No meter shall be placed in service or allowed
to remain in se~ice %~ich has an error in registration in excess
of 2 percent (2%) under normal operating conditions. For the
purpose of this sub-paragraph, any meter whick registers not more
than 2% slow or fast shall be deemed to be correct.
11. In th~ event the Company shall be confronted by an
emergency whereby the Company shall need and desire delivery of
water hereunder at a higher rate of delivery than specified
herein, it may notify the City in writing to such effect. The
C.ity, within its sole discretion, may thereupon deliver water
hereunder to the Company at such higher rate of delivery and for
such time as may be determined by the city.
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 e~clusively for the inhabitants 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 writ%eh 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 corporation 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 our above.
16. In the event the Company should desire to install an
extension to its existing water system~ prior to proceeding with
such instatlation~ it shall notify the City of such intent and
shall submit to the City the plans and specifications relating to
such proposed extension for its review and~approval.
IN WITA~SS ?~iEREOF, the parties have caused these presents
to be executed the day and year first aforesaid.
Signed, sealed and CITY OF
delivered in the
presence of: By:
BOYk~TON BF~AC~I, FLORIDA
Mayor
ATTEST:
City Clerk (Seal)
BRINY BREEZES, INC.
By:
Pre s ident
Approved as to form and
content:
ATTEST:
Secretary (Seal)
city Attorney