Loading...
74-B RESOLUTION NO. 7.4- RESOLUTION OF THE CITY OF BO'Y~'TON BEACH, FLORIDA, AUTPI)RIZING 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 w~ter to Briny Breezes~ Inc., upon the terms and conditions as set forth in said Contract which ~ontract has 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 7 r_~ day of January~ A.D. 1974. ATTEST: City Clerk CITY OF BOYNTON BEACH, FLORIDA Count i lman Councilman SUPPLY CONTRACT THIS AGREEMENT, made this ~ day of January, A.D., 1974, by and between the CITY OF BOYNTON B~.ACH, a municipal corporation, in the County of Palm Beach and State of Florida (hereinafter called the "City"),.and BREY BR~EZES~ 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 w~ter system an the County of Palm Beach, State of Florida~ and is engaged in the distribution of water to consumers in the City of Boynton · Beach, Palm Beach County, Florida, and the territory adjacent there to; and WHERF2%S~ the Company is the owner and operator of a ~ater system in the Town of Briny Breezes, Palm Beach County, Florida, and is engaged in supplying water to consumers in the Tow~ of Briny Breezes; and WiHEREAS, 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= TH~REPORE~ the parties agree as follows: 1. Subject to the terms, conditions and limitations herein- 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 ~Rter supply needs of the Tow~ 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. 5~is contract shall take effect as of the date hereof and shall continue in full force and effect for a period of ~ ~) 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, t973~ and upon such rates as may hereafter be adopted by' the City from tJ~me 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 pre.ced- ing calendar month. Payments shall be made by the Company to the City for e~ch billing within ten billing. 5. (10) days from tb_e date o~f said The City shall not be obligated at any time to deliver 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 p~rtieS. 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 the re to. 7. The quality of the water to be delivered by the City 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 -2- 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 ~y and easements required to furnish service hereunder tod 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.~ (b) The Company at its expense shall procure~ furnish, install, operate and maintain all facilities, rights of w~y and easements~ if any~ required to receive, apply and utilize the w~ter delivered hereunder, from the aforesaid point of delivery. 10. (a~) All water furnished by the City hereunder shall 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 maters shall be combined. (c) The City~ so far-as practicable, shall read t/~e m--~ter or meters on or about the last day of each m~nth. (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 service or allowed to 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- paragraph., any meter which registers not more than -3- slow or fast shall be deemed to be correct~ il. 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 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 ti~e 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 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. t3. All %~ter purchased and delivered-hereunder shall be used exclusively for the inhabitants of the Towia of Briny Breezes° Without the prior consent of the City~ the Company will not sell or distribute such water to any other ~srsons or corporations~ 14. Without the 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 corporation with which the Company shall have been consolidated or n~rged or which acquires 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. IN WITNESS WHEREOF~ the parties have caused these presents to be executed the day and year first aforesaid. Signed, Sealed and Delivered in the presence of: CITY OF BOYNTON RRACH~ FLORIDA As to City As to Company ATTEST: Mayor City Clerk (s L) BRiI~Y BREEZES ~ INC. ~resident" ATTEST: Secretary (SEAL) Approved as to for. m as to City of Boynton Beach~ Florida: City Manager City Attorney