75-MRESOLUTION NO. 75-M
RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING WATER SUPPLY CONTRACT WITH BRINY
BREEZES, INC.
WHEREAS, the City of Boynton Beach, Florida, and BRINY
BREEZES, INC., a Florida corporation, have heretofore entered
into that certain Water Supply Contract dated December 2, 1968,
under which said City agreed to furnish water to Briny Breezes,
Inc., upon the terms and conditions as set forth in said Contract,
which Contract has terminated; and
WHEREAS, the City of Boynton Beach, Florida, and BRINY
BREEZES, INC., entered into a subsequent Water Supply Contract
dated February 11, 1974, containing similar terms and conditions
as set forth in the previous Contract, and that said subsequent
Contract has now terminated; and
WHEREAS, the City Council of the City of Boynton Beach is
willing to enter into a new Water Supply Contract upon the terms
and conditions as set forth in the proposed Water Supply Contract,
copy of which is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1: That the Water Supply Contract, copy of which
is attached hereto, is hereby approved, and that the Mayor, or
in the absence of the Mayor, the Vice Mayor, and the City Clerk
are authorized to act for the City of Boynton Beach in entering
into and executing the said Water Supply Contract.
PASSED AND ADOPTED this ~--~ day of March, A.D., 1975.
ATTEST:
~.tY Clerk
CITY OF BOYNTON BEACH, FLORIDA
~ C~-uui~~mb.e r i
~ATER SUPPLY ~CONTRACT
THIS AGREEMENT, made this day of March ', A.D., 1975,
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 TNES SETH:
WHEREAS, the City is the owner and operator of a water system
in the County of Palm Beach, State of Florida, and is engaged in
the distribution of water to consumers in the. City of Bo!rnton
Beach, Palm Beach County, Florida, and the territory a~acent
thereto; and
WHEREAS, the Company is the owner and operator of a water
system in the Town of Briny Breezes, Palm Beach County,~ Floridaf
and is engaged in supplying water to consumers in the Town of
Briny Breezes; and
WHEREAS, the Company desires to obtain a source of wa%er
supply.' and the~City iis~'willing tOe'furnish, se'id water,- ~SUbj'eCt~ t6-1 -~
the terms, conditions and limitations hereinafter set forth; · /
NOW, THEREFORE, the parties agree as follows:
after 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 ne.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 the date hereof
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. 73-XXX passed and adopted by the City on December
4, 1973, and upon Such rakes as may hereafter~be adopted by the
City from time to time by ResolutiOn or Ordinance.
4. The City shall bill the Company on or before the 10th
day of each month for all water delivered hereunder for the preced-
ing calendar month. Pa ~ments 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 d~eliver
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 shall
be obligated to deliver water hereunder to the Company shall not
be changed during the remaining term 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' a~ the point Of delivery Specified
herein, but assumes no responsibility or obligation with respeCt
thereto.
7. The quality of the water to be delivered by the Ci~y'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 interconnection of the.
Company's and City's facilities located at Ruthmary Avenue and
Highway A-l-A, in the Town of Briny Breezes, 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 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
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shall not be less than six (6) inches in diameter.
(b) The Company at its expense shall procure, !furnish,
install, operate and maintain all facilities, rights
of way and easements, if any, required to receive,
apply and utilize the water delivered hereUnder, from
the aforesaid point of delivery..
10. (a) All water furnished by the 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 furnishe~ hereunderf 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 periodically inspect
and test the meter or meters, installed, as often as it
deems necessary. No meter shall be placed in s~vice
- - ~ °~ ~altowed~ remain.-in service~which has an'error in ....
registration in excess of 2 Percent (2%) under normal
operating conditions. For the purpose of this sub-
not more. than-2 .....
any meter~which registers ..............
slow or fast shall be deemed to be Correct.-
11. In the event the Company shall be Confronted by an
emergency whereby the Company shall need and desire detive~y of
water-hereunder at a higher rate of delivery than specified
herein, it may notify the City in writing to such effect. The
City, 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 a regular and uninterrupted supply of' water to the Company,
and to avoid any shortage or any interruption of delivery thereof.
The City shall not be liable for any failure~ interruption, or
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shortage of water, or any loss or damage resulting therefrom
occasioned in whole or in part by any cause.beyond the reasonable
control of the City.
13. All water Purchased and delivered hereunder shall be used
exclusively for the inhabitants .of the Town of Briny B~eezes.
Without the prior 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 inter.est herein nor any claim arising here-
under shall be transferred or assigned by the Company except to a
successor corporation with which %he Company shall have been
consolidated or merged or which acquires by conveyance, transfer
or condemnation all or substantially all of ~e 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. _
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IN WITNESS WHEREOF, the parties have caused these presents
to be executed the day and year first aforesaid.
Signed, Sealed and Delivered
mn the presence of:
CITY OF BOYNTON BEACH, FLORIDA
By
Mayor
As to City
ATTEST:
City Clerk
(SEAL)
BRINY BREEZES, INC.
By.
President
As to Company
ATTEST:
Secretary
(SEAL)
Approved as to .'form as t°.' ..... ~ : 7:_' ~..-..7 ~' ~ ~ ~ '- . , ~ ~[.~
City'-of Boynton Beach, Florida: - . ',
City Manager .... ... -~
City Attorney
rfr ~
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