75-W'RESOLUTION NO. '75- ~
RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
ESTABLISHING AMENDED WATER RATES AND WATER METER
CONNECTION CHARGES WITHIN AND OUTSIDE SAID CITY,
ESTABLISHING AMENDED METER DEPOSITS AND CONTINUING
SERVICE CHARGES FOR FIRE HYDRANTS AND OTHER CHARGES;
PROVIDING FOR REPEALING PROVISIONS AND AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Boynton Beach,
Florida, by:Resolution No. 67-I has-heretofore established water
rates, water meter connection charges, charges for meter
deposits and other charges relative thereto; and
WHEREAS, the City Council of said City deems it necessary
and essential for the efficient daily operation of the municipal
government to provide for increases in certain of said charges;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT THE SCHEDULE OF WATER RATES,
WATER METER CONNECTION CHARGES, METER DEPOSITS, RENTALS, FEES
AND OTHER CHARGES PERTAINING TO THE MUNICIPAL WATER SYSTEM OF THE
CITY OF BOYNTON BEACH, FLORIDA, IS HEREBY AMENDED AS FOLLOWS:
Section 1: That the water rates, water meter connection
charges, meter deposits, and all other se~ice charges pertaining
to the Municipal Water System of the City of Boynton Beach,
Florida, to be paid by.the owner, tenant, or occupant of each
dwelling unit, apartment, or any other type of improvement shall
be on a per unit basis with each of the following constituting
one unit:
(a) Each single family dwelling unit; each duplex
apartment; each multi-unit residential apartment; each
cooperative apartment; each condominium apartment; each
rental apartment; each trailer park unit; hotels and
motels shall be charged on the basis of two rooms being
equivalent to one dwelling unit; laundries shall be
charged on the basis of three washing machines or fraction
thereof being the equivalent to one dwelling unit.
(b) Each commercial, industrial and manufacturing
establishment, including each restaurant, hospital,
nursing home and institutional type building.
Section 2: That the water rates for each unit, as defined
in Section l(a) above, ~.ithin the City of Boynton Beach, Florida,
shall be as follows:
0 to 3,000 gallons of water - $2.80 per month
Over 3,000 gallons of water - 0.70 per 1,000 gallons
Section 3: Water rates for each unit, as defined in
Section l(a) above, outside the City of Boynton Beach, Florida,
not covered by special contract or franchise agreement shall be
as ~follows:
0 to 3,000 gallons of water - $3.45 per month
Over 3,000 gallons of water - 0.80 per 1,000 gallons
SectiOn 4: Water rates for each unit, as defined in
Section l(b) above, within the City of Boynton Beach, Florida,
not covered by special contract or franchise agreement shall be
as follows:
0 to 3,000 gallons of water - $5.15 per month
Over 3,000 gallons of water - 0.70 per 1,000 gallons
Section 5: Water rates for each unit, as defined in
Section l(b) above, outside the City of Boynton Beach, Florida,
not covered by special contract or franchise agre~ement shall be
as follows:
0 to 3,000 gallons of water - $6.40 per month
Over 3,000 gallons of water - 0.80 per 1,000 gallons
Section 6: Water meter connection charges for each unit
inside the City of Boynton Beach, Florida, shall be as follows:
3/4" Installation
1" Installation
1-1/2" Installation
2'! Installation
$150.00
175.00
250.00
375.00
3~' or more Installation Total cost of labor
and materials
Section 7: Water meter connection charges outside the
City of Boynton Beach, Florida, not covered by special contract
or franchise agreement shall be as follows:
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Section 8:
3/4" Installation
1" Installation
1-1/2" Installation
2" Installation
3" or more Installation
$160.00
185.00
265.00
385.00
Total cost of labor and
materials plus $10.00
Meter deposits shall be as follows:
3/4" Installation
1" Installation
1-1/2" Installation
2" Installation
3'~ Installation
4" Installation
6" Installation
$ 15.00
30.00
50.00
100.00
125.00
200.00
250.00
Section 9: That after the initial installation, the
service charge for connecting and disconnecting shall be $3.00
each, except that the service charge for connecting and disconnect-
ing after normal working hours or on holidays shall be $5.00 each.
Section 10: That the service charge for fire hydrants and
stand pipe systems shall be $75.00 per year per hydrant.
Section 11: All resolutions and parts of resolutions in
conflict herewith be and the same are hereby repealed.
Section 12: The repeal of resolutions or parts of reso-
lutions effected by the enactment of this Resolution shall not be
construed as abating any action now pending under or by virtue
of such resolutions or as discontinuance, abating, mOdifying or
altering any penalty accruing or to accrue or as affecting the
liability of any person, firm or corporation or as waiving any
right of the municipality under any action or provision existing ·
at the time of the passage of this Resolution.
Section 13: The rates herein stated shall be in effect
beginning the 1st day of June, A.D., 1975.
PASSED AND ADOPTED
A.D., 1975.
Attest:
this ~
day of
CITY OF BO~NTON BE~CH~ FLoRiD~
By
Mayor
f / ~q -~5~Ma~r
q-~'~ ~ C ou~ Member
Member
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WATER SUPPLY CONTRACT-
THIS AGREEMENT, made this /S -- day of February,
!A.D., 1978, by and between the CITY OF BOYNTON BEACH, a municipal
corporation, in the County of Palm Beach and State of Florida,
(hereinafter 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 operater of a water
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system in the County of Palm Beach, State of Florida, and is
h engaged in the distribution of water to consumers in the City of
°; Boynton Beach, Palm Beach County, Florida, and the territory
i , adjacent thereto; and
WHEREAS, the Company is the owner and operator of a
1 1 water system in the Town of Briny Breezes, Palm Beach County,
Florida, and is engaged in supplying water to consumers in the
li Town of Briny Breezes; and
WHEREAS, the Company desires to obtain a source of watel
1supply 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:
1 r 1. Subject to the terms, conditions and limitations
`hereinafter set forth, the City agrees to sell and deliver to the
t, and the Company agrees to purchase and receive from the
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?City all water required or desired by the Company to meet the
j water supply needs of the Town of Briny Breezes, provided, that in
y ino event shall the City be obligated to deliver water to the tt
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Company at a higher rate of delivery, or in a greater amount than
as herein provided for.
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;; 2. This contract shall take effect as of the date hereo4
{land shall continue in full force and effect for a period of one(1)
year.
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3. The Comapny 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
L City on a per unit basis upon the rates set forth in the City's
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+ k� Resolution No. 75 -W, passed and adopted by the City on December
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p 4 , 1975, and upon such rates as may hereafter be adopted by the
City from time to time by Resolution or Ordinance. In addition
, to the charges set forth hereinabove, the Company shall pay as
annual fee to the City the sum of $75.00 per fire hydrant connecte
to the system and located within the service area covered by this
contract.
4. The City shall bill the Company on or before the
10th day of each month for all water 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.
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5. The City shall not be obligated at any time to de-
liver water to the Company at a rate of delivery in excess of one
(1) cubic foot per second; and the rate of delivery that the City
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1 ;shall be obligated to deliver water hereunder to the Company shall
not be changed during the remaining term of this contract except
1 by the mutual consent of the parties.
6. The City will endeavor to maintain a pressure of no
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 water to be delivered by the City
I to the Company hereunder shall meet the same standards as the
water delivered by the City to its inhabitants.
8. The water to be furnished hereunder shall be
delivered by the City to the Company at the point of interconnecti n
of the Company's and City's facilities located at Ruthmary Avenue
and Highway A -I -A, in the Town of Briny Breezes, Palm Beach County
Florida.
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9. (a) The City at its expense shall furnish, operate
and maintain all facilities, rights of way and easements required
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tIto 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
'diameter.
11 (b) The Company at its expense shall procure, furnish,
;install, operate and maintain all facilities, rights of way and
11 easements, if any, required to receive, apply and utilize the
t water delivered hereunder, form the aforesaid point of delivery.
10. (a) All water furnished by the City hereunder shal
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
gll several meters shall be combined.
1' (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 periodically
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E inspect and test the meter or meters installed, as often as it
1 deems necessary. No meter shall be placed in service or allowed
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1 to remain in service which has an error in registration in excess
of 2 Percent (2 %) under normal operating conditions. For the
4 purpose of this sub - paragraph, any meter which registers not more
1 than 2% slow or fast shall be deemed to be correct.
I 11. In the 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 herei ,
it may notify the City in writing to such effect. The City, with
in its sole discretion, may thereupon deliver water hereunder to
the Company at such higher rate of delivery and for such time as
li may be determined by the City.
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12. The City shall use reasonable diligence and care
to provide a regular anti uninterrupted supply of water to the
Company, and to avoid any any shortage or any interruption of
delivery thereof. The City shall not be liable for any failure,
;interruption, or shortage of water, or any loss or damage resultinc
therefrom occasioned in whole or in part by any cause beyond the
'reasonable control of the City.
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13. All water purchased and delivered hereunder shall
t he used exclusively for the inhabitants of the Town of Briny
IBreezes. Without the P rior consent of the City, the Company will
not sell or distribute such water to any other persons or
corporations.
14. Without the prior written consent of the City,
neither this contract nor any interest herein nor any claim arisinc
hereunder shall be transferred or assigned by the Company except t.
O a successor corporation with which the Company shall have been
II consolidated or merged or which acquires by conveyance, transfer
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i condemnation all or substantially all of the Company's water
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system serving the Town of Briny Breezes.
,i 15. This agreement shall remain in full force and
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leffect until the expiration of the term set out above.
111 16. In the event the Company should desire to install
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!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 relating
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to such proposed extension for its review and approval.
IN WITNESS WHEREOF, the parties have caused these
presents to be executed the day and year first aforesaid.
Signed, sealed and delivered CITY OF BOYNTON BEACH, FLORIDA
in the presence of:
11,j EDS
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By: c�...��.
Ma o+
!; Mayot
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ATTEST: ,- 7
As to C
Y Ci ty Cler/
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BRINY BREEZES, INC.
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s President
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1 Rdttitittit-a_.) erre:2-742_1-- ATTEST: (X1P/ d 1411. 4h
As to Company Secretary
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(SEAL)
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1 Approved as to form:
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„ ' City M. - ' ..' 1
A11110. .
10P City Attorney
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