Resolution 12905 RESOLUTION NO. 12905
WHEREAS, the City of Miami Beach operates a
sewage collection and disposal system which has sufficient
capacity under suitable conditions to furnish sewage
collection and disposal service to nearby territory, and
WHEREAS, the Town of Bal Harbour Village adjoins
the boundaries of the City of Miami Beach and requires sewage
Collection and disposal service, and
WHEREAS, the City Council of the City of Miami
Beach deems it to be to the best interest of said City
to enter into an arrangement whereby the Town of Bal
Harbour Village may, for a reasonable consideration, avail itself
of the use of the sewage collection and disposal system of
the City of Miami Beach, and
WHEREAS, an agreement on the subject between the
City of Miami Beach and the Tdwn of Bal Harbour Village
has been prepared, copy of which is attached hereto and made
a part hereof.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Miami Beach, Florida, that the Mayor and the
City Clerk-Finance Director be and they are hereby authorized,
and directed to execute said agreement, in duplicate, in the
name of and on behalf of said City.
PASSED AND ADOPTED this 17th day of December , 1969.
( y____
10°1( (/Gij
ayor..
Attest:
City Clerk - Finance Director •
OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139
AGREEMENT•
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THIS AGREEMENT, entered into this 17th day of
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December, 1969, between the CITY OF MIAMI BEACH, a municipal
corporation, hereinafter called the "First Party" , and
the TOWN OF BAL HARBOUR VILLAGE, a municipal corporation,
hereinafter called the "Second Party. "
WITNESSET H:
WHEREAS, the First Party operates for the use •
and benefit of its inhabitants a sewage collection and
disposal system which has sufficient capacity under' suitable
conditions to furnish sewage collection and disposal service
to nearby territory, and
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Whereas, the area of the Second Pasty adjoins
the First Party' s boundaries, which area requires a sewage
collection and disposal service, and
WHEREAS, the parties hereto had heretofore entered
into an agreement like and similar to these presents, dated
the 21st day of October, 1964 and approved by the City
Council of the City of Miami Beach on said date, and
WHEREAS, the Parties hereto by mutual understanding
agreed that said agreement would continue and be extended
until the present agreement had been duly negotiated and
excuted.
NOW, • THEREFORE, in consideration of the; sum of
One ($1.00) Dollar, paid to the First 'Party by the Second
Party, it is agreed as follows ;
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OFFICE OF CITY ATTORNEY-.1130 WASHINGTON AVENUE--MIAMI BEACH, FLORIDA' 33139
1. The First Party will allow sewer lines
running from the Second Party ' s lands to be connected with
the sewer lines of the First Party located within its
boundaries, or extensions thereof.
2 . The Second Party agrees to pay to the
First Party an amount equal to five cents '(5i) per
thousand gallons of sewage passing through the First Party' s.
sewage system from the Second Party' s lands, which sum shall
be payable monthly.
3 . The quantity of sewage handled by the First
Party ' s system for the Second Party hereunder shall be
measured by meters to be installed at the Second Party ' s
expense in the pumping stations erected by the Second Party
on its lands . The Second Party agrees that the First Party
shall have the right and opportunity to inspect the meters,
pumping stations and connections upon the property of the
Second Party at reasonable times.
4. The design employed, the materials used, and
the workmanship in the construction of the sewage collection
system upon the Second Party' s lands, shall be equal in all
respects to the most modern installations within the First
Party 's boundaries, especially, but not exclusively, in
regard to infiltration and pipe foundations.
5., The Second Party shall deliver its sewage
direct to the First Party ' s force main at a maximum rate of
One Thousand Five Hundred (1, 500) gallons per 'minute, and
the First Party will be under no obligation at any time to
perfrom any re-pumping of sewage delivered to the First
Party ' s force main by the Second Party.
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OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139
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6. Any and all costs, charges and expenses
incident to and occasioned by the construction necessary to
t\
furnish the service hereby contemplated, together with any
and all maintenance expense of the new installations required ( '
to furnish the service herein contemplated shall be borne
by the Second Party.
7. The Second Party agrees that in the event
any undue infiltration develops in its sewage collection
. system, it shall make such repairs as maybe required by
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the First Party in order to remedy such condition.
8. The Second Party agrees to indemnify the
First Party against any and all loss or damage occasioned
to the First Party by any default or failure on the part
of the Second Party, and to pay all costs, charges, and
expenses, should the First Party in its discretion deem it
necessary to protect, defend or enforce any rights accruing
to it under this Contract.
9. Any default or failure of any kind or description
on the part of the Second Party under this Contract which
shall continue after ninety (90) days written notice given
to it by the First Party shall constitute due cause for the
First Party to terminate this Contract at the expiration of
said period of ninety (90) days without further notice,
without any liability whatsoever unto the Second Party for
the termination of this Contract and discontinuance of the
service rendered or to be rendered hereunder.- •
10. That in the event the service to be rendered
hereunder by the First Party to the Second Party shall be
interrupted by reason of anything beyond the control of- the
liability or responsibility on the part of the First Party
to the Second Party ,for any loss, damage or inconvenience
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suffered by the Second Party as the result thereof.
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OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139
11. Provided the Second Party shall fully comply
with all the terms hereof throughout such period, this
Contract shall continue for a period of one (1) year
commencing November 1, 1969 and thereafter shall cease,
terminate and be at end, unless renewed by mutual agreement
of the Parties, and the Parties hereto agree, at or before
the expiration of said one (1) year period, to re-negotiate
for an additional period on such terms as shall then be
agreed upon.
12 . This Agreement shall be binding upon the
successors and assigns of the respective parties. /
IN WITNESS WHEREOF the parties have hereunto set
their hands and seals by their officers duly authorized,
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the day and year first above written.
CITY OF MIAMI BEACH
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By (Signed) Jay Dermer
Mayor
Attest:
(Signed) Ruth B. Rouleau
City Clerk-Finance Director
TOWN OF BAL HARBOR VILLAGE
By
Mayor
q l
Attest:
•
Town Clerk
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OFFICE OF
CITY ATTORNEY...*1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139
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RESOLUTION NO. 12905
WHEREAS, the City of Miami Beach operates a
sewage collection and disposal system which has sufficient
capacity under suitable conditions to furnish sewage
collection and disposal service to nearby territory, and
/\ WHEREAS, the Town of Bal Harbour Village adjoins
the boundaries of the City of Miami Beach and requires sewage
collection and disposal service, and
WHEREAS, the City Council of the City of Miami
Beach deems it to be to the best interest of said City
to enter into an arrangement whereby the Town of Bal
Harbour Village may, for a reasonable consideration, avail itself
of the use of the sewage collection and disposal system of
the City of Miami Beach, and
WHEREAS, an agreement on the subject between the
City of Miami Beach and the Town of Bal. Harbour Village
has been prepared, copy of which is attached hereto and made
a part hereof.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Miami Beach, Florida, that the Mayor and the
City Clerk-Finance Director be and they are hereby authorized
and directed to execute said agreement, in duplicate, in the
name of and on behalf of said City.
PASSED AND ADOPTED this 17th day of December , 1969.
(Signed) Jay Dermer
Mayor
Attest:
(Signed) Ruth B. Rouleau
City Clerk - Finance Director
(SEAL)
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OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE MIAMI BEACH, FLORIDA 33139
ORIGINAL
RESOLUTION NO. 12905
(Authorizing agreement with Village
Bal Harbour - sewage collection,
for 1 year)