R90-164RESOLUTION NO.~90-/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE A CERTAIN
AGREEMENT FOR SERVICE BETWEEN THE CITY
OF BOYNTON BEACH AND THE TOWN OF OCEAN
RIDGE; A COPY OF SAID AGREEMENT FOR
SERVICE BEING ATTACHED HERETO AS
EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,in 1951 the Town of Ocean Ridge and the City of
Boynton Beach, Florida entered into a franchise agreement
for the provision of potable water service and subsequently
amended the terms in December, 1973; and
WHEREAS, the term of that franchise has expired and
both parties Wish to continue the agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Commission
of the City of Boynton Beach, Florida, that:
Section 1. The Mayor and City Clerk are hereby
authorized and directed to execute a certain Agreement for
Services between the City of Boynton Beach and the Town of
Ocean Ridge which is attached hereto as Exhibit "A".
Section 2. This Resolution
immediately upon passage.
shall take
PASSED AND ADOPTED this 7~- day of November,
effect
1990.
CITY OF
FLORIDA
ATTEST:
Cit~lerk
(Cq~porate
commissioner
C6mmiss±one~
AGREEMENT FOR SERVICES
WHEREAS, in 1951 the Town of Ocean Ridge and the City of Boynton
Beach, Florida entered into a franchise agreement for the provision of
potable water service ~nd subsequently amended the terms in December
1973; and
WHEREAS, the term of that franchise has expired and both parties
wish to continue the agreement; and
WHEREAS, the City has determined that the avoidance of the
renewal and replacement costs of the potable water system infrastruc-
ture, plus the reimbursement provisions set forth in this franchise
agreement equals the 25% surcharge provided by law.
In conslderation of the mutual terms and conditions, covenants
and payments set forth below the Town of Ocean Ridge {hereinafter
called Town) and the City of Boynton Beach {hereinafter called City)
agree as follows:
1. The Town does hereby grant to said City for a period of
thirty years frem the date hereof an non-exclusive' right for the
construction and establishment of waterworks, water mains and other
facilities and an exclusive right for the supply and distribution of
potable water within the Town under the terms and conditions contained
herein. At the conclusion of the thirty {30) year term of the
Agreement, this agreement shall be continued on an automatic basis,
year to year unless terminated by either party. This agreement may be
modified, voided, annulled or terminated upon mutual written consent
of both parties.
2. That said City is hereby granted the right to construct,
establish and own waterworks, water mains and other facilitiss for the
supply and distributlon of water within the Town anu shall expressly
be authorized to construct, establish and own fire hydrants in any
streets of the Town.
3. That any water works, water mains, fire hydrants or other
facilities for the supply and distribution of water constructed and
established by the Citywithin the Town pursuant to the 1951 franchise
agreement shall be owned by and be the property of the City and the
same shall be maintained anU 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 distrlbutlon of water now located and
existing in the Town and owned by the Town shall continue to be owned
by and be the property of the Town, and all such existing waterworks,
water rnalns, 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 provlded
in Section 4 of Article IV of Chapter 15088, Laws of Florida, Acts of
1931. The Town by this franchise agreement contracts with the City to
provide maintenance and repair to the system In accordance with the
terms set forth in this agreement. The Town has the rlght to
construct to City specifications, and own water mains, fire hydrants,
and other facilities for supply and distribution of water.
5. The City, at the Town's expense as hereinafter provided,
shall hereafter maintain and repair at the request of the Town water-
works, water mains, fire hydrants and other facilities for the supply
and distribution of water now located, existing in and owned by the
Town.
8. 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.
7. The Town shall pay the City for the costs of all labor
expended and incurred by the City in providing such maintenance and
repairs plus thirty percent {30%) of the costs of labor.
8. 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 standard usage rental rates customary in
the area.
g. Payment by the Town to the City shall be made within ten
{10) days after written notice by the City to the Town of such costs.
10. That the charges to be made by the City of the inhabitants
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 supplies water
to the inhabitants of the City.
11. That the Town shall have the right to purchase all 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 franchise in the manner now provided by the Laws of
Florida for franchises granted by municipalities.
12. Should the Town desire the City to provide sanitary sewer
service in the future, the Town shall provide to the City, for review
and approval, a completed master plan for installing the necessary
facilities and connecting to the City's sewage transmission system,
and subject to the terms and conditions of a new franchise agreement.
13. The Town shall, within one year of the effective date of this
agreement, provide the City with an adopted plan for water conser-
vation within the Town llmits {based upon the conditions of the South
Florida Water Management District water use permit).
14. Notwithstandin(
the City shall not be
potable water in the
however the Town custom
customers.
15. All water util
Chapter 26 of the Code o
anything to the contrary contained herein,
llgated to supply the Town's requirements of
nt of a declared emergency situation, provided
rs shall be served in the same manner as City
[y customers shall be bound by provisions of
Ordinances of the City of Boynton Beach,
Florida now existing or as amended from time to time, insofar as same
are applicable and not varied by this Agreement, as well as all oroi-
nances of the City of Boynton Beach Florida now existing, or herein-
after adopted, pertaining to water service, water connections and
water regulations, not in conflict herewith.
16. In accordance with Ordinance No. 456 of the Town as enacted
and as amended from time to ~ime, the City as the seller of water
within the corporate limits of the Town, shall act as the tax collec-
tion agency for the Town for the Public Service Tax on water and shall
collect from purchases of water a tax on a monthly basis in the amount
of eight and one-half percent {8.5%) of the payment received by the
City from purchasers within the Town. The City shall retain one per-
cent {1[) of above referenced tax revenue collections as an admi-
nistrative fee, as compensation for the Collection.of this tax. The
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City shall submit the tax revenue collected (mlnus the administrative
fee) to the Town Clerk on or before the last d~y of the month
followlng the month of collection (le, All November taxes collected
will be pald to Ocean Ridge on or before December'31, 19g0).
This agreement approved by the City Commission of the City of
Soynton Beach on ~r~ day of~ 1990, and by the Town
Con~nisslon of the Town of Ocean Ridge on 5th day of November
1990.
IN WITNESS WHEREOF, the said Town has caused this Agreement 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 and attested under its corporate seal by its City Clerk.
/~r~ day of /~oFE_~f~.
ATTEST:"
lo~n Clerk
, 1990.
OC~FLORIDA
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