Resolution 80-16365 •
RESOLUTION NO. 80-16365
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE EXECU-
TION OF A CONTRACT BETWEEN THE CITY OF MIAMI
BEACH, THE CITY OF NORTH BAY VILLAGE, AND THE
MIAMI-DADE WATER AND SEWER AUTHORITY PROVIDING
FOR THE FURNISHING OF WATER SERVICE BY THE CITY
OF MIAMI BEACH TO THE MIAMI-DADE WATER AND SEWER
AUTHORITY AND RESALE TO THE CITY OF NORTH BAY
VILLAGE.
WHEREAS, for the reasons more particularly set forth in
Commission Memorandum No. 8424 , the City Commission of the City of
Miami Beach finds it in the best interest of the City to enter into
a contract between the City of Miami Beach, the City of North Bay
Village and Miami-Dade Water and Sewer Authority providing for fur-
nishing of water service by the City of Miami Beach to the Miami-
Dade Water and Sewer Authority for resale to the City of North Bay
Village; and
WHEREAS, said contract will also result in the settlement
of certain litigation between the City of North Bay Village and the
City of Miami Beach relating to the sale of water ; and
WHEREAS, the City Attorney recommends settlement of said
litigation on the terms contained in said contract, and the City
Manager concurs with said terms ; and
WHEREAS, the City Manager has recommended that the City
enter into said contract, and the City Attorney has approved same
as to form and legal sufficiency;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk be
and they are hereby authorized and directed to enter into a con-
tract substantially in the form presented to the City Commission
for and on behalf of, and in the name of the City of Miami Beach ,
Florida.
PASSED and ADOPTED this 20th day of August , 1980.
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Attest:
0,00/10,104:4,(2City Clerk
FORM APPROVED
LEGA DEPT.
By deb
Date 8-111fiy
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
OFFICE OF THE CITY ATTORNEY
624 tyc...A.m. ward
F L O R I D A
JOHN A. RITTER %� 9 TELEPHONE :673-7470
CITY ATTORNEY f26�
COMMISSION MEMORANDUM NO. ?49-‘214/
DATE: August 20, 1980
TO: Mayor Murray Meyerson and
Members of the City Commission
City Manager Harold T. Toal
)
FROM: John A. Ritter
City Attorney / -
SUBJECT: FINAL SETTLEMENT AGREEMENT WITH NORTH
BAY VILLAGE FOR THE SALE OF WATER
BACKGROUND
The City Administration and the City Attorney's Office have been in
negotiations with North Bay Village for approximately seventeen
months. As previously reported to the Commission, the original meet-
ing with representatives from this City occurred on April 23, 1979.
On December 5, 1979, a proposed settlement was presented to the City
Commission. The City Commission authorized the City Attorney and the
City Administration to proceed to negotiate a final settlement based
upon the conditions set out in the oral report presented by the City
Attorney.
The offer, which was the basis for beginning final negotiations , was
as follows:
- Lump sum amount to be paid to the City of Miami
Beach totalling $242, 000.00.
- The payment of a prospective rate for the supply
of water at 31. 5C per thousand gallons for a per-
iod of one year beginning at the date the settle-
ment agreement is entered into. After this period
of one year, and for the remainder of said agree-
ment, North Bay Village will pay a rate at the
greater of 123% of the cost of the water to the
City of Miami Beach, or 31. 50 per thousand gallons .
FINAL SETTLEMENT
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The contract attached to this memorandum represents the complete and
final settlement agreement between the parties. The Dade Water and
Sewer Board and Miami-Dade Water and Sewer Authority have approved
the attached Agreement between the City of Miami Beach, North Bay
Village and WASA. Said Agreement settles our water rate dispute and
establishes a future water rate. The essential elements of the final
settlement agreement are summarized below.
- LUMP SUM: A lump sum settlement of $242,000. 00
payable to the City of Miami Beach from the estab-
lished escrow accounts.
- RATE: The rate of water sale to WASA for resale 9
to the City of North Bay Village will be 123% of
AGENDA
ITEM I()
-� p
DATE � . C
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the total cost of water as billed by the Author-
ity to the City of Miami Beach on a monthly
basis.
- TERM: The term of this Agreement is through
June 24, 1987, the expiration date of the City 's
Agreement with the Water and Sewer Authority.
- TRANSFER OF DEED TO TRANSMISSION MAIN: Either at
the termination date of this Agreement or at the
end of the life of the outstanding bonds associ-
ated with the Miami Beach 's 79th Street Causeway
thirty (30) inch water transmission main, at the
option of Miami Beach, Miami Beach will deed to
WASA that portion of said main west of the east
boundary of North Bay Village.
- SERVICE: The City of Miami Beach agrees to pro-
vide the same water pressure at the point of
delivery which it endeavors to maintain through-
out the remainder of our system. In the event
of insufficient supply of water to the Miami
Beach system, based upon some extraordinary
circumstance limiting the delivery of water to
Miami Beach, the Agreement would require us to
resell a pro-rated share to the Authority for
distribution to North Bay Village.
- WAIVER: All parties to the Agreement stipulate
that the rate provided in the Agreement is fair
and equitable, and waive any further review of
the Water and Sewer Board.
ADDITIONAL REVENUES
In addition to the $242, 000. 00 for water service rendered prior to
October 1, 1979, the City of Miami Beach will be entitled to bill
North Bay Village at the rate of 123% of the rate paid by the City
of Miami Beach to WASA from October 1, 1979 to present. The City 's
records indicate that through the month of July, 1980, this would
amount to $141,458. 34 in addition to $10, 064. 50 owed to the City for
the September, 1979 water bill, or a total of $151, 522. 84. This
amount, in conjunction with the settlement amount, would provide the
City with additional revenues in the amount of $383, 458. 34.
RECOMMENDATION
It is recommended by the City Attorney 's Office that the City
Commission approve the Resolution and the attached Agreement between
the City of Miami Beach, the City of North Bay Village and the Miami-
Dade Water and Sewer Authority, and authorize the Mayor to execute
the Agreement for and on behalf of the City of Miami Beach.
Prepared by Bruce M. Singer, Chief Assistant
cc: Elaine Matthews
Frank Aymonin
Page 2 of 2
ORIGINAL 1411RESOLUTION NO. 80-16365
(Authorizing execution of contract
between the CMB/City of North Bay Village,
and the Miami-Dade Water and Sewer
Authority and resale to the City of North
Bay Village)
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