79-HP~SOLUTION NO. 79- ~
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BOyETONBEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE~MAYOR
ABID CITY CLERK TO EXECUTE ON BEHALF
OF THE SAID CITY THAT CERTAIN WATER
SUPPLY AGREEMENT WITH BRINY BREEZES,
iNC,, A COPY OF WHICH IS ATTACHED
HERETO ANDMADE A PART HEREOF.
NOW, THEREFORE, BE AND tT IS HEREBY RESOLVED BY THE CITY
COUNCIL OF T~E CIT~ OF BOYNTON BEACH, FLORIDA:
Section ~1. That
authorized and directed
Boynton Beach, Florida,
the Mayor and City Clerk are hereby
to execute on behalf of the City of
that certain Water Supply Agreement
with Briny Breezes, Inc., a copy of which is attached hereto
and made a part hereof, after said Agreement has been executed
by Briny breezes. Inc.
Section 2 That the City Manager is hereby directed
to forward t~e original and one copy of the aforesaid Agree-
ment to Briny Breezes, Inc., for execution.
Section 3. This Resolution shall take effect immediately
upon its passage.
PASSED and ADOPTED this ~ day of February, 1979.
MaNor
Mayor
Member
ATTEST:
Council Member
City Clerk
(Corp, Seal)
WATER SUPPLY CONTRACT
THIS AGREEMENT, made this day of ,
A.D., 1979, 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 ! TNE S 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
of Boynton Beach, Palm Beach County,
adjacent thereto; and
to consumers in the City
Florida~ and the territory
WHEREAS,
water syste~ in
Florida, and is
Town of Briny Breezes;
the Company is
the Town of Briny Breezes~
engaged in supplying water
and
the owner an~ operator of a
Palm Beach County,
to consumers in the
WHEREAS, 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~ THEREFORE, the parties agree as follows:
1. Subject to the terms~ conditions and limitations
hereinafter set forth, the City agrees to sell an~ ~eliver 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 no event shall the City be obtigate~ to deli~e~ 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 %rater system of
the City on a per unit basis upon the rates set forth in the
City's Resolution No. 75-W, passed and adopted by the City on
December 4, 1975, and upon such rates as may hereafter be
adopted by the City from time
In addition to the charges set
shall pay an annual fee to the
stand pipe system connected ~o
to time by Resolution or Ordinance.
forth hereinabove, the Company
City for each fire hydrant or
the system and located within
the service area covered by this contract~ the amounts specified
in said Resolution No. 75-W as same may hereafter be amended
by Resolution or Ordinance of the City.
4. The City shall bill the Company on or before the
10th day of each month for all water delivered hereunder
the preceding calendar month. Payments shall be made by the
Company to the City for each billing within ten (~) days from
the date of said billing.
5. 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 parties.
6. The City will endeavor ~o 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 thereto.
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7. The quality of water to
the Company hereunder shall meet
delivered by the City to its inhabitants.
be delivered by the City
the same standards as the water
8. The water to be furnished herennder shall be de-
livered by the City to the Company at the point of intersection
of the Company's and City's facilities located at R~tb_mary
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 o~ way and easements re-
quired to furnish service hereunder to, and measure such service
as of, the point of delivery specified herein. ~he City's pipe
lines at such point of delivery shall not be less than six
inches in diameter.
(6)
(b) The Company at its expense shall procure,
install, operate and maintain all facilities~ rights of
easements, if any~ required to receive, apply and
from the aforesaid point
furnish,
way and
utilize the water delivered hereunder,
of delivery.
10. (a) Ail water furnished by the Cit~ hereunder
sha~l 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 in-
stalled to measure the water furnished hereunder, 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 service or allowed
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to remain in service which has an error in registration in
excess of 2 percent (2%) under normal operating conditions.
the purpose of this sub-paragraph, any meter which registers
not more than 2% slow or fast shall be deemed to be correct.
For
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
herein, it may notify the City in writing to such effect. The
City, within its sole disoretion, ma~ thereupon deliver water
hereunder to the Company at such higher ate of delivery and
for such time as may be determined by the'~ity.
12. The City shall use reasonable diligence and care
to provide regular and uninterrupted supply of water to the
Company, and to avoid any shortage or any interruption of
delivery thereof° However, the City shall not be responsible
in damages for any failure to supply water, interruption of
supply, or shortage of water supply.
13. Ail water purchased and delivered hereunder shall
be used exclusively for the inhabitants of the Town of Briny
Breezes. Without the prior consent of the City, the Company
will not sell or distribute such water to any other persons or
corporatior~
14. Without prior written consent of the City, neither
this contract nor any interest herein nor any claim arising
hereunder shall be tra.nsferred or assigned by the Company except
to a successor corporation with which the Company shall have
been consolidated or merged or which ac~oired 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.
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16. In the event the Company should desire to install an
extension to its existing water system, prior to proceeding
with such installation, it sha~l notify the City o~ such intent
and shall submit to the City the plans and specifications re-
lating 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 in the
presence of:
CITY OF BOYNTON BEACH,
By:
Mayor
FLORIDA
ATTEST:
As to City
City Clerk
(Corp. Seal)
BRINY BREEZES~ INC.
By:
President
ATTEST:
As ~o Company
Secretary
(Seal)
Approved as to form:
City Manager
City Attorney
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