Loading...
HomeMy WebLinkAboutResolution_24-92/93_08/12/1993 RESOLUTION NO. 24 -92/93 A RESOLUTION OF THE VILLAGE' COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ACCEPTING AND APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND THE TOWN OF JUPITER AUTHORIZING THE IMPLEMENTATION OF A POTABLE WATER INTERCONNECTION SYSTEM. Y., WHEREAS, the provisions of Chapter 163.01, Florida Statutes, encourages and authorizes Interlocal Agreements to address matters of common interest amongst local governments; and WHEREAS,i thV�` age of Tequesta and the Town of Jupiter ,5 '; r7 Yiereby.� 'joint'ly participate in the planning and provision forthe,,interconnection of potable water supplies in the event of emergencies and other special circumstances; and WHEREAS the parties have determined that the installation, operation and maintenance of the interconnected municipal water systems would further the health, safety and general welfare of the customers *of the'respective utilities; and WHEREAS, tY6 parties now desire to enter into this Interlocal Agreement to authorize the implementation of a potable water interconnection system. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA: Section 1. The Interlocal Agreement is accepted and approved by the Village Council of the Village of Tequesta. A copy of the Interlocal Agreement is attached hereto and made a part hereof as Exhibit "A ". Section 2. The Village Mayor is hereby authorized to sign and execute said Interlocal Agreement for and on behalf of the Village of Tequesta, to which the Village Clerk shall attest and affix its seal. Section 3. This Resolution shall take effect immediately upon its adoption. THE FOREGOING RESOLUTION was offered by Councilmember Collings who moved its adoption. The motion was seconded by Councilmember Sch aue r and upon being `' '': put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Earl L. Collings Elizabeth A. Schauer Ron T. Mackail The Mayor thereupon declared the Resolution duly passed and adopted this 12th day of August , 1993. MAYOR OF TEQUESTA Ron T . Iaackai 1 ATTEST: Village Clerk JCR \13153- 01 \INTERCON.RES 2 EXHIBIT "A" TO RESOLUTION NO. 30 -93 (JUPITER) & RESOLUTION NO. 24 -92/93 (TEQUESTA) INTERLOCAL AGREEMENT BETWEEN THE TOWN OF JUPITER AND THE VILLAGE OF TEQUESTA AUTHORIZING THE IMPLEMENTATION OF A POTABLE WATER INTERCONNECTION SYSTEM. THIS INTERLOCAL AGREEMENT is made and entered into this 19t day of A 767S t , 1993, between the TOWN OF JUPITER, a municipal corporation of the State of Florida , whose address is 210 Military Trail, Jupiter, Florida 33458, hereinafter referred to as " JUPITER," and the VILLAGE OF TEQUESTA, whose address is 357 Tequesta Drive, Tequesta, Florida 33469, hereinafter referred to as "TEQUESTA." WITNESSETH: WHEREAS, JUPITER and TEQUESTA (hereinafter the "parties ") are municipal corporations organized and existing under the laws of the State of Florida that provides potable water to their respective • customers in Palm Beach and Martin Counties, Florida; WHEREAS, either of the parties may require, for their respective municipal water systems and consumers, a supplemental supply of potable water due to emergency or unforeseen conditions such as line breaks, mechanical failures, fire or other extraordinary or unforeseen conditions; WHEREAS, each party, through their respective water systems,desire to make available to the other party such additional potable water supply as may be necessary in the event of emergency conditions or other unforeseen conditions under other special circumstances by mutual agreement, said supply to be limited for the duration of such emergency or special circumstance; and WHEREAS, the parties desire to connect their water systems ( "interconnection ") to deliver a supply of potable water to the respective customers of the parties' municipal water systems under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual undertakings and agreements contained and assumed herein, the receipt and sufficiency of which are hereby acknowledge, the parties hereby covenant and agree as follows: 1. Nothing herein expressed or implied is intended to alter, amend or limit the terms and conditions of that certain Bulk Sale Water Agreement between the parties hereto dated 29th day of June, 1978. 2. The parties shall take such actions as are necessary to connect their potable water systems at an interconnection location described below for the purposes set forth herein. 3. An interconnection and metering facility shall be provided at an area suitable to both Jupiter and Tequesta within the vicinity of Country Club Drive in southern Martin County. This Agreement is contingent upon the parties being able to obtain an easement of sufficient size and proper location to properly accommodate the interconnect facility. 4. The design and construction of the metering facility must be mutually agreed to in writing by the parties. A meter(s) will be utilized to measure the amount of water delivered by each party to the other, and each party shall be responsible for operating, maintaining and repairing its respective metering facilities as designated by the parties prior to installation of same. 5. Upon completion of the engineering design of the metering facility, and the acceptance of same by the parties, the metering facility shall be constructed and placed into service. The design, construction and operation of the metering facility, and all aspects of the interconnection shall be subject to required S regulatory approvals, including, but not limited to, the requirements of the Palm Beach County Health Unit and the Florida Department of Environmental Regulation. 6. The parties agree that by the execution hereof, neither party is securing a specific reservation of capacity from the plants or facilities of the other, and this Agreement shall not create a vested right or any right in the facilities or the water rights of the other, and shall have no bearing on the contract quantities outlined in the separate Bulk Sale Water Agreement referred to herein above and its amendments. It is the intent of this Agreement that the provision of service by either party to the other shall be temporary and /or based on emergency conditions and only for the duration of such emergency and shall not impair the ability of either utility to deliver adequate service to its respective customers and others who are lawfully entitled thereto. 7. The rate to be charged per 1000 gallons of water delivered by either party to the other pursuant to this Agreement shall be determined by each party's own approved Bulk Service Rate. Each party may bill the other party monthly for water sold to the other and such bill shall be due and payable at the same time as other customer bills of the same service classification are due and payable to the billing municipal utility. 8. JUPITER shall be responsible for the work and activity required hereunder for the design. Jupiter and Tequesta shall be responsible jointly for construction and location of subject facilities, all of which is subject to the mutual approval and acceptance of both parties. The parties shall equally share all costs of the design and construction of the interconnection and metering. TEQUESTA shall credit JUPITER for expenses previously paid by JUPITER for the costs involved in the preliminary planning phases of the interconnect facility between the two utilities. These planning costs are said to be $ 1,597 with Tequesta's share being $798.50. 9. Each party shall own and maintain its own water meter, if appropriate, and related appurtenances and utility lines interconnecting the respective municipal water systems into the metering facility. Each party shall have free and unrestricted access to the metering facility to all water meters, check valves and any other appurtenances thereto to verify flows, meter calibrations, efficiency of the check valves, and any other performance data necessary to the operation of the interconnection facilities. All metering devices shall be tested once every other year and repaired if required, the cost of which shall be shared between the two utilities equally. Metering devices shall be the same model and make at all times. Any discrepancy in meter results shall be reconciled by the manufacturer's representative, or a mutually approved service company, whose determination of its correct flow of water from one party hereto to the other party shall be binding on both parties in the event of a dispute as to the correct metering device. Any incorrect metering device shall be repaired forthwith. 10. The parties shall exercise their best efforts to ensure that the use of the interconnect facilities created hereby conform to all existing rules, regulations, ordinances, laws and statutes established by governmental authorities having jurisdiction. The parties agree that the rights and privileges created shall not create a public nuisance or impair the ability of either party to perform its ordinary service obligations to its own customers. 11. The parties agree to notify the designated representative(s) of the other utility by telephone of the need to interconnect, stating the nature of the emergency or malfunction which makes the interconnection necessary before opening the interconnection and obtaining water thereby, and to confirm such event in writing mailed to the supplying municipal utility by the receiving utility on or before seven (7) days thereafter. Ownership of any of the facilities set forth herein creates no right to open the meter and obtain water without the provider's express written or verbal consent. 12. If either party determines, in its sole discretion, at any time that the demands placed on its facilities, cannot be reasonably satisfied with prior to or while supplying water through the interconnection facility to the other party, or if a governmental agency having jurisdiction determines that conditions are not permissible for supplying water, such determination shall be sufficient authority to terminate the interconnection of water service. In such event, the party exercising such right of refusal or termination agrees to notify the other verbally and in writing prior to the discontinuance of water service through the interconnection. 13. Except for the plans and specifications for the metering facility, this writing embodies the entire Agreement and understanding or agreements between the parties, whether verbal or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No modification of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. This Agreement shall be governed and construed according to the laws of the State of Florida. Venue shall be in Palm Beach County, Florida. 14. The rights and duties created by this Agreement are personal to each party and shall not be assigned by either party to another except upon the express written permission and consent to do so by the other party provided, however, that such permission and consent shall not be unreasonably withheld. 15. In the event the parties do not mutually agree upon the cost, terms and conditions of the interconnect, there shall be no responsibility on the part of either party to construct same. a t • - • 3 IN WITNESS WHEREOF, the parties hereto have executed this instrument this 19th day of August , 1993. ATTEST: TOWN OF JUPITER, FLORIDA By its Town Council By: By: �:� '-�' � SWllY B yla , Town Clerk Karen J. Gol a, Mayor (SEAL) Approved as to form and legal sufficiency. By: 6�;as �J.BaiTmd, Attorney ATTEST: VILLAGE OF TEQUESTA, a municipal corporation of the State of Florida By : By: �. Village Clerk , Mayor (SEAL) Approv as fo gal sufficiency. By: n C. Randolph, Esq., Village Attorney file \agrmnts \potwrcon.agr