Resolution 4625 RESOLUTION NO. 4625
APPROVING A PROPOSED LETTER AGREEMENT BY AND BETWEEN
THE CITY OF MIAMI BEACH AND MIAMI WATER COMPANY WHEREBY
THE SAID CITY GRANTS AND GIVES TO THF SAID COMPANY THE
RIGHT AND PRIVILEGE TO TAKE WHATEVER WATER THE SAID
COMPANY MAY REQUIRE IN SERVING WATER ON SAN MARCO AND
BISCAYNE ISLANDS, TO PRESENT AND FUTURE WATER CONSUMERS
FROM THE SAID CITY'S TWENTY-INCH WATER MAIN HERETOFORE
CONSTRUCTED BY THE CITY AND NOW OPERATED AND MAINTAINED
BY THE CITY ALONG THE VENETIAN CAUSEWAY AND ON AND
ACROSS SAID ISLANDS AND WHEREBY THE SAID CITY GRANTS
TO THE COMPANY THE FURTHER RIGHT AND PRIVILEGE TO USE
SAID CITY'S MAIN AND TO CONNECT COMPANY'S MAIN THERETO
AND WHEREBY ARE SET FORTH THE TERMS AND CONDITIONS UNDER
WHICH SAID RIGHTS AND PRIVILEGES ARE GRANTED BY THE CITY
AND ARE TO4,.:•'CISED BY THE COMPANY; AUTHORIZING AND
DIRECTING Tn'i�i,�k OR AND THE CITY CLERK OF AND ON BEHALF
OF THE CITY TO EXECUTE AND ENTER INTO THE SAID LETTER
AGREEMENT WITH MIAMI WATER COMPANY.
BE IT RESOLVED BY THE CITY COUNCIL OF MIAMI BEACH, FLORIDA:
1. That the proposed letter agreement by and between
the City of Miami Beach and Miami Water Company, which is here-
inafter set forth in form in Section 2 hereof, be and the same
is hereby approved as to form and substance.
Acting
2. That the/Mayor and the City Clerk and such other
officers of the City as may be required to do so by law, of
and on behalf of the City of Miami Beach, be and they are
hereby authorized and directed to enter into with the Miami
Water Company the said letter agreement approved in Section 1
hereof and hereinafter set forth in form as follows:
1939.
September 6th, 1939
City of Miami each
Miami Beach, Florida
Gentlemen:
At the present time, you are furnishing, ea a utter of
courtesy to and cooperation with present consumers, water service
on San .:'arca end Biscayne Islands, which are locatd within the
-- limits of the City of Miami, Florida.
Inasmuch Os the Islands are in the City of Miami and
outside the City of Miami Beach, the Miami eater Company requests
tee C A ty of Miami Beach to grant and give Miami rater Company the
right and privilege to take whatever eater it may re ,uire in
serving water on San sarco and Biscayne Islands to present and
future eater consumers on said 'slangs from the City's twenty
inch water mein operated and maintained by the City alone Venetian
Causeway and on and across said Islands, subject to the following
terms and conditions:
1. Tee Aiami eater Company will at its ex;aense
c3nstruct water ;rains on aan Marco aria Biscayne Islands
arid connect them to the City's 'twenty inch eater main
in order that Miami rater Company Toy receive water
from the City's main tnrouge a connection at a location
agreed to by and between the City and the Miemi eater
Company.
2. The Miami tater Company will install and
maintain at its' cost and expense the necessary meters
and metering equipment where the mains are connected
in order that the water received by Miami eater Comeany
from the Cityas main :may be metered.
3. The meters provided for in :vection shall be
read by both the City and the Vater Company once each
month, and at the same time as time meter maintained by
Miami tater Comeany at or nese the west end of the
Venetian Causeway, end which .measures the water de-
livered by Miami rester Company and received by the City
under the Agreement dated the P9th day of June, 1926,
and the Amendatory Agreement dated the slat day of May,
1936, between the City and Miami '';aater Company, is
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City of Alarm Beach -e- 1939.
read. The number of gallons of water teeeen and re-
cei.ved by Miami eater Company each month from the
City's said maim shall be subtracted from the number
of gaallo s of water delivered to tie twenty inch main
orned by t, a City. Our billings to tee City under
the said Agreements shall be therefore for the number
of gallons of water evidenced by the reeding of the
said meter installed at or near the west end of the
Venetian Causeway lees the number of gallons of water
evidenced by the reading of tee said *eters installed
on &aid islands.
4. ae till pay to the City for tree r ghta and
2rivileges herein granted Four Cents ( .04) per thou-
sand gallons for all eater registered by tee meters
teeing ester from tee City'sss twenty inch water main.
5. This letter agreement enc: te.e rights herein
granted to us by the City shall remain in force and
effect from the date hereof until the k 9th day of April,
A. D. 1955, unless tee said Agreement dated the e9th
dsy of June, 19e6„ shall for any reason .save sooner
terminated or be sooner abrogated, in which event this
letter agreement &nd the rights end privileges herein
granted shall cease and determine, provided, however,
that Miami Water Company or the City of Miami Seaeh
shall have the right and privilege at any time after
five years trod the date of this letter agreement to
cancel and terminate this letter agreement and the
arrenge:nent provided for herein upon the giving of
twelve months' eritten notice to the other party and
at the expiration of the twelve months, this letter
agreement and the arrangement provided herein shall
be cancelled and terminated.
6. Nothing contained in this letter agreement
shall be construed as in any way modifying or affeet-
tang the said Agreeeent dated the e th day of June,
1926, and the said A. endatory .Agreetient dated the East
day of May, 19I6, between Miami eater Company end the
City and the said Agreements shall remain in force
aid effect between Miami rater Com aany and the City.
7. This letter agreeeent sell inure to the bene-
fit of and be binding upon the successors snd assigns
of the City and Miami :'steer Company.
If you agree to the above, kindly so indicate by caus-
ingletter and the attached' copiess to be executed by your
City of Miami Beech -3- 1939.
duly authorized officers ander your corporate seal in the sTAces
provided below :or ViJat purpose and return a fully executed copy
to lamt tater Company for its files.
Very truly yours,
&aka' WAVE COMPANY
. By
?resident
ite agree to tne above,
ATTEST :
CITY OF aiAMIAC
______ Ise... ...ry
crti
By
Acting k..yor VOIO•110.
i.
AUBT:
-...........
City Clerk
11 Approved vs to forfa tasubstance
this day of 1930.
—
4:: ty %lianager
Ap;)roved as toNubstance
t' 6th day of September, 1939.
4
t ornoy f . k,ity of Miazii
lorida.
PASSED AND ADOPTED this 6th day of September, A. D. ,
1939. +"
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Acting yor
ATTEp
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