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Resolution 79-15944 e RESOLUTION NO. 79-15944 A RESOLUTION CONCERNING THE WATER CONTRACT BETWEEN THE CITY OF MIAMI BEACH AND THE TOWN OF SURFSIDE. WHEREAS, the City of Miami Beach did in 1967 enter into a Contract with the Town of Surfside wherein the City of Miami Beach agreed to sell and Surfside agreed to buy potable water at a price of $ .25 per 1, 000 gallons, said Contract having a termina- tion provision, upon six-months' notice; and WHEREAS, the City Commission of the City, of Miami Beach did in 1972 adopt its Ordinance No. 1936 raising the rate of water to municipal consumers from $ .25 per 1, 000 gallons to $ .33 per 1, 000 gallons; and $ WHEREAS, a copy of said Ordinance No. 1936 was sent to the Town of Surfside; and WHEREAS, the City Commission of the City of Miami Beach understands the adoption of said Ordinance No. 1936 and the mailing of a copy thereof to the Town of Surfside to have effected a termina- tion of the aforementioned contract; and WHEREAS, the Town of Surfside has taken the position that said agreement has not been effectively terminated, but can only be terminated by resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: The City Commission of the City of Miami Beach, Florida, finds and determines that the Contract by and between the City of Miami Beach and the Town of Surfside dated the 17th day of May, 1967, concerning the purchase and sale of potable water was effectively terminated by the passage of Ordinance No. 1936 of the City of Miami Beach and the furnishing of a copy thereof to the Town of Surfside. SECTION 2: That it was in the best interests of the City of Miami Beach, its taxpayers and citizens to terminate said Contract at the time of the passage of said Ordinance No. 1936, and the City Commission herebyratifies and approves said termination. SECTION 3 : That if for any reason or defect in procedure, said Contract has not been terminated, the same be and it is hereby tereminated by the adoption of this resolution. SECTION 4: That the City Manager and the City Attorney be and they are hereby directed to seek and obtain the highest rate permissible by law for all water sold to the Town of Surfside in the past, since the adoption of Ordinance No. 1936, and for all water sold to the Town of Surfside in the future. OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 SECTION 5: That the City Clerk be and she is hereby authorized and directed to cause a copy of this resolution to be delivered to the Mayor and City Manager of the Town of Surfside. PASSED and ADOPTED this 6th day of June, 1979. • (.. ` r ayor Attest: ....,"Mat,„„ (29( .ezzzier...w.f."4„,7„} City Cler • AHM/rcp OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 r CONTRACT BETWEEN CITY OF MIAMI BEACH AND TOWN OF SURFSIDE FOR THE RENDITION OF WATER SERVICE BY SAID CITY TO SAID TOWN. THIS CONTRACT,; made and entered into this 17fhday of May, 1967, by and between the CITY OF MIAMI BEACH, a Municipal Corporation organized and existing under the laws of the State of Florida (here- inafter sometimes called "Miami Beach") , party of the first part, and the TOWN OF SURFSIDE, a Municipal Corporation organized and existing under the laws of the State of Florida (hereinafter sometimes called "Surfside") , party of the second part; WITNESSETH : That, in consideration of the covenants and agreements herein set forth to be observed and performed, the parties hereto hereby covenant and agree as follows: SECTION I . General Purpose. Insofar as it may be lawful to do so, "Miami Beach" commencing October 1, 1967 shall/sell and deliver to "Surfside" such water as may be necessary to fulfill the water requirements of "Surfside"throughout the entire ter- ritory served by it at all times during the effective period of this contract, such territory to be limited to the present boundaries of the Town of Surfside and Indian Creek Village; provided, however, that in the event that, despite all reasonable diligence exercised by "Miami Beach", there should, at any time, be an insufficient supply of water due to causes beyond its control, available to fulfill the total require- ments of all customers of "Miami Beach", "Miami Beach" shall be deemed to have fully performed its duties and to have discharged its duties hereunder if, in such circumstances, it shall furnish and deliver to "Surfside" its pro rata share of such supply as is available. SECTION II . Quality of Water. All water delivered by Miami Beach hereunder shall be of good and potable quality satisfactory for domestic use and shall have received the same treatment and be of the same quality as that furnished by "Miami Beach" to consumers in the City of Miami Beach. SECTION III . Point of Delivery. The water furnished hereunder will be delivered by "Miami Beach" and will be received by "Surfside" at a point on the east - 1 - side of Harding Avenue, approximately eleven (11) feet north of 87th Street, where there is now and where there will be maintained a master meter. SECTION IV. Water Pressure. The water furnished by "Miami Beach" hereunder shall be delivered to "Surfside" at the point of delivery at the pressure which "Miami Beach" endeavors to maintain at such point of delivery for the purpose of rendering adequate water service in the City of Miami Beach. It shall be the obligation and duty of "Surfside" to carry the water at its own expense from the point of delivery to the places of ultimate use. The Town of Surfside shall not operate or permit to be operated, on any of the water lines served through said master meter, any additional pump or pumping device, without the written permission of said City of Miami Beach. SECTION V Rate to be paid monthly by Surfside. The Town of Surfside shall pay to the City of Miami Beach twenty-five cents (250 for each thousand gallons used through the master meter at the point of delivery. The bills will be issued on the 10th day of each month, and will be payable on or before the 20th day of the month in which the bill was issued. The bills are subject to a 5% late charge if paid after the 20th of the month in which the bills are issued. SECTION VI Rates to be charged to the Town of Surfside. It is further agreed by the Town of Surfside that the rate charged by the Town of Surfside to its consumers shall at no time be less than the rate charged by the City of Miami Beach to its non-governmental consumers. That the City of Miami Beach shall notify the Town of Surfside of any change in water rates to non-governmental consumers at least sixty (60) days prior to any rate change. Page 2 It is further agreed that this contract may be terminated by either party by giving six (6) months notice thereof to the other in writing. IN WITNESS WHEREOF, The parties hereto have caused this instrument and an exact duplicate hereof to be executed in their names and their corporate seals affixed hereto and to said duplicate by their respective officers thereunto duly authorized, all as of the day and year herein- before first above written. CITY OF t1IA11 $EACH} r. By f eee 'yeti VJ Mayor ATTEST: City Clerk & Finance Director TGI!N OF SU F,I DE By :: ;'fr t L //..• eC Mayor ATTEST: • Town/ Clerk _ 3 ORIGINAL RESOLUTION NO. 79-15944 (Concerning the water contract between the City of Miami Beach/Town of Surfside) tl 3