HomeMy WebLinkAboutResolution_48-03/04_06/10/2004
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RESOLUTION NO. 03/04
A RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING THE
EXECUTION OF A THREE PARTY UTILITY
TRANSFER AGREEMENT AMONG THE VILLAGE
OF TEQUESTA, THE TOWN OF JUPITER ISLAND,
AND JUPITER MARTIN WATER ASSOCIATES,
INC., IS IN THE PUBLIC INTEREST; AND
SETTING FORTH A STATEMENT SHOWING
SAME; APPROVING A BULK WATER SERVICE
AGREEMENT WITH THE TOWN OF JUPITER
ISLAND; AUTHORIZING THE APPROPRIATE
VILLAGE OFFICIALS TO EXECUTE THE
NECESSARY DOCUMENTS IN CONNECTION
WITH THESE TRANSACTIONS; AND PROVH)ING
AN EFFECTIVE DATE.
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WHEREAS, the Village Council has reviewed and considered at a minimum, the
available materials and information to meet the requirements of Section 180.301, Florida
Statutes; in conjunction with its determination whether the proposed acquisition by the
Village of Tequesta of the water assets of Jupiter Martin Water Associates, Inc. is in the
public interest;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA AS FOLLOWS:
Section 1: The three party agreement among the Village of Tequesta, the Town of Jupiter
Island, and Jupiter Martin Water Associates, Inc., in the form of which agreement is
attached to this Resolution and incorporated (the JMWA Agreement), is hereby
approved.
Section 2: The Village Council, in compliance with F.S. Section 180.301, has held an
advertised public hearing on June 10, 2004 and states:
The Village Council finds that acquisition of assets pursuant to the JMWA
Agreement is in the public interest.
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A public briefing document with backup to this statement has been prepared, attached
and incorporated as part of this Resolution.
Section 3: The Bulk Water Service Agreement between the Village of Tequesta and the
Town of Jupiter Island, which is attached and incorporated in this Resolution is hereby
approved.
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Section 4: The Mayor and Village Clerk are hereby authorized and directed to execute
and deliver all documents necessary to effectuate the terms of the JMWA Agreement and
the Bulk Water Service Agreement, in substantially the form set forth in this Resolution,
with such amendments as to form as approved by the Village Manager.
Section 5: This Resolution shall take effect immediately upon passage.
THE FOREGOING RESOLUTION WAS OFFERED by Council Member
~':•-~ ; ~ ±,." ~•~ > :.. _ - ,who moved its adoption. The motion was seconded by Council
Member ~("c~, x,-u~.~,,~ J ,and upon being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
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The Mayor thereupon declared the Resolution duly passed and adopted this 10th day of
June, 2004.
MAYOR OF TEQUESTA
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Pat Watkins
ATTEST:
Mary M, es, Village%Clerk
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JolvF,s
FOSTER
JOHNSTON
& ST`UBBS, P.A.
Attorneys and Counselors
Scott L. McMullen
Direct Dial: 561-650-0491
Direct Fax: 561-650-0435
E-Mail: smcmullen@jones-foster.com
August 9, 2004
Village of Tequesta
Attn: Mike Couzzo
250 Tequesta Drive
Tequesta, Florida
Flagler Center Tower, Suite l 100
505 South Flagler Drive
West Palm Beach, Florida 33401
Telephone (561) 659-3000
Re: Village of Tequesta P/F Jupiter-Martin Water Associates, Inc.
Dear Mike:
Mailing Address
Post Office Box 3475
West Palm Beach, Florida 33402-3475
With regard to the above referenced transaction, enclosed please find one closing
binder containing closing documents.
Should you have any questions with respect to the enclosed, please feel free to contact
me.
Very truly yours,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
By
Scott L. McMullen ~~7"
Esquire
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Enclosures
N:1S LM\13153-3\Itr\Couzzo.001.08.09.04.doc
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