73-YYY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BOYNTON BE~CH ~ FLORIDA, APRROVING A~DENDUM TO
FRANCHISE AGENT WI~H ~TOWN OF OCE_AN RIDGE,
FLORIDA.
WHEREAS, the City of Boynton Beach, Florida, a~d the Town of
Ocean Ridge, Florida, have heretofore entered into a Fran~chise
Agreement dated February 23, 1951, under which the Town of Ocean
Ridge is required to provide certain maintenance and repairs of
its waterworks, water mains, fire hydrants and other facilities
for the supply and distribution ~f water; and
WHERE~$, the Town of. Ocean 'Ridge does not have adequate
facilities with which to provide such maintenance and repairs, and
has requested the City of Boynton Beach to provide such ma~nt~en-
ance and repairs in accordance with the provisions contained in
that certain proposed Addendum to Franchise Agreement, copy of
which is attached hereto.
NOW~ THE~ORE, BE IT ~E$OLVED BY THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH~ FLORIDA:
Section 1: That the Addendum to Franchise Agreement, 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 So act for the City of Boynton Beach in entering
into and executing the said Addendum to Franchise Agreement.
PASSED AND ADOPTED THIS ~ day of December,(A,D.',1973
ATTEST:
CITY OF BOYNTON BEACH,. FLORIDA
By
Mayor
Councilman
Councilman
C.
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„.;�8 an election was duly held in the.Town of Ocean , „ :•.
[•
's Ridge,' Florida, on;the 8th day of January, 1951, to determine .
whether or not,an ordinance should be approved:granting a franchise ' r
• to the City
of Boynton Beach.ia;the manner,hereinafter, provided;, and
'
1 r WHEREAS at said epeaial,eleation held on the 8th day o
•i' January,. 1954 the qualified electors residing ini•eaid Town, who .
' • are.freeholdere,, duly, approyed, eaid ordinance authorizing the,grant
• ing of said franchise; .and.;,.,,. ;:•. ,: �.•�,•� ::+.Y :.
' : .1%„y• ; .WHEREAS'the• execution of.;.thie. Aranohiee by..the appropriate
officials•of,;the Town .of.Ocean,.Ridge;,snd,the .City;oft Boynton Beach '
has been duly,authorized.by ;thlogmverning,bodieetIof;both said Town
t
' and said Oityj •now, theret,9 6A.),I the el,iis,, tc ;'i- .::r'. . r
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, _ THIS AGREEMENT betweed the'ToxiiofOoeanliiilge;.�Fiorida'-'' -.:.
(here inaf ter Called "Town's).'and the City.of BoyntOtn IHeaob, Florida
ii (hereinafter oalled�MOity• ”
: ),
i • ! • • . W'I T'N E 8 8 E T H as"follows:
igrant to said.City for a•period
• i 1. The Town dose hereby
of thirty year': iron•'the date' hereof a franchise for the Construe.- ,
,• i�
,
I tion and establishment of waterworks, water maine'andother.faoil•
•
•
1 Stine'and'for the supply'and distribution of water'within the;Town
under the terms and conditions ooritained herein.
- • '"c ``2. ''That-eaid•'Ci•ty'is• hereby granted the right 'to con•
1 • 'etruot,; .establish and own waterworks, water mains and other faoil'
itiee for•the supply•and distribution of water' within the ,Town and
•
': .. ' shall•.expressly be authorized to•-construct,:eetabli•eh and•own fire
. hydrants in any other'streets of the Town.
�!
�.f:,� '•3.': That any waterworke,.water mains, fire hydrants or .
. other faoilitiee for the supply anddistributioii'ot water constructed
-:
. . and established by the City withinthe Toxn:pureuant to this franc- .;-
'I . ohise• shall be owned by and(be the property of the City andthe • '
r:i) same ahall'be maintained and repaired at the expense of the City':.
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4. That all waterworks, water mains, fire hydrants or
• other facilities for the supply and distribution of water now lo-
j ..• sated and existing in the Town and owned by the Town shall continue
•
j . • • to be owned by and be the property of the Town, and all such exist-
ing waterworks, water mains, fire hydrants and other facilities
for the supply and distribution of water in the Town now owned.by •
' the Town shall continue to be maintained and repaired at the expense
•
of the Town as provided in Section 4 of Article IV of Chapter 15088,
j • • , ' Laws of Florida, Acts of 1931. .
:: 5. That the charges to be made by the City of the inhab- •:
' • ' . ' : itants of the Town'and to the Town for water services by the City ' .:
" .. shall be upon the same terms and conditions upon which the City' - •'
supplied water to the inhabitants of the City and to the City.
I: . 6. That the Town shall have the right to purchase all
f•
. . .of the.waterworks, water mains, fire hydrants or other facilities •
' . "for the supply and distribution of water in the Town owned by the
:City at the expiration of this franohiee in' the manner now pro- '•
fvided by the Laws of Florida for franchises granted by munioipali- ' -
ties. .' • '
.,3 • IN WITNESS WHEREOF the said Town has caused this agree- '
1: .ment. to be executed by its Mayor and attested under its corporate . '
. • :seal by its. Town Clerk, and the•City has caused this agreement to'
- - • .be executed by its Mayor-Commissioner and attested under its 'cor-
'- : porate•'seal'b "'
y its City.Clerk, all as of the 23eday.of F- �r,.��
' . .1951.. .
•
' • • • ' • : TOWN OF OCEAN RIDGE, FLORIDA •
?:vafpasit..."---4. • • . .. .....:.::
r Attest By.0r044.„......., Mayor
' ' ....Top n Clerk.
`. ,. . ', CITY OF BOYNTON BEACH, FLORIDA
' .Attiegti - ' • ' - '. - • Mayor-Commissioner
attyatl;
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ADDENDUM TO FRANCHI~SE AGREe\CENT
THIS ADDENDUM TO FBANCHI~ AGREEMENT made and entered into
this day of December, 1973, by and between the Town o.f .
Ocean Ridge, Florida (hereinafter called "Town") and the City of
Boynton Beach, Florida (hereinafter called "City").
w I T N E $ S E T H :
WHEr~F~S: said parties have heretofore entered into that cer-
tain Franchise Agreement dated February 23, 1951, under which the
Town is required under paragraph four thereof to maintain and re-
pair, at its own expense, ail waterworks, wag'er mains, fire hy-
drants and other facilities owned by the To'~n; and
WHEREAS~ the Town does nog have the necessary facilities with
which to Provide such maintenance and repairs and desires ghat the
City provide such maintenance and repairs; and
WHEFuEA$~ the City is willing to provide such ma'intenanc~e and
repai'rs provided that the City receive su.fficient reimbursemen't of
i~s .costs and expenses therefor.
NOW~ THERE. FORg~ in consideration of the mutual covenants con-
tained herein and other good and valuable consideration, receipt
of' which is hereby acknowledged by each party from the other, the
parties hereto covenant and agree as follows:
1. The City, at the Town's expense as hereinafter provided,
shall hereafter maintain and repair all waterworks, wager mains,
fire hydrants and other 'facilities for the supply and distribution
of water now located, existing in and owned by the Town.
9.. The Town shall pay the City for the costs of all materials.
used by the City in such maintenance and repairs plus ten percent
(10%) of the costs of such materials.
3. The Town shall pay the City for the costs of ali labor
expended and incurred by the City in providin~ such maingenance .and
repairs .plus thirty percent (307/o) of the costs of labor.
4. The Town shall pay the City for the costs of the use of
the City's equipment in providing such maintenance and repairs and
such costs shall be based upon the s~a~uard useage rental rates
customary in the area.
5. Payment by the Town to the City shall be made within ten
days after written notice by the City to the Town o£ such costs.
IN WITNESS W~EREOF, the said Town has caused this ~dd'endum
to be executed by its Mayor and attested under its corporate seal
by its Town Clerk, and the City has caused this Addendum to be
executed by its Mayor and attested under its corporate seal by its
City Clerk, all as of this __ day of December, A.D., 1973.
ATTEST:
Town Clerk
TOWN OF OCEAN RIDGE~ FLORIDA
By.
Mayor
CITY OF BOYNTON BEACH_~ FLORIDA
By
ATTEST: Mayo r
City Clerk
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