HomeMy WebLinkAboutResolution_27-91/92_08/13/1992 RESOLUTION NO. 27 -91/92
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING
THE AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND
THE LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT
FOR THE JOINT PROJECT PARTICIPATION IN CONSTRUCTION
OF THE TEQUESTA DRIVE BRIDGE WATER MAIN REPLACEMENT
AND THE TEQUESTA DRIVE BRIDGE SEWER MAIN REPLACEMENT
WITHIN THE TEQUESTA DRIVE RIGHT -OF -WAY VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA.
WHEREAS, the Village of Tequesta intends to engage in
water main replacement construction activity located upon the
Tequesta Drive Bridge within the Tequesta Drive right -of -way;
and
WHEREAS, the Loxahatchee River Environmental Control
District intends to engage in sewer main replacement
construction activity located upon the Tequesta Drive Bridge d
within the Tequesta Drive right -of -way which will serve
portions of its service area; and E
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WHEREAS, both the Village and the Loxahatchee River
Environmental Control District declare that it is in the
public interest that the water and sewer transmission systems,
as contemplated in the Agreement, be constructed
simultaneously and in coordination; and
WHEREAS, the Loxahatchee River Environmental Control
District has budgeted funds for cooperation in construction of
the sewer distribution and transmission lines; and
WHEREAS, the Loxahatchee River Environmental Control
District is desirous of funding the costs for construction of
the sewer distribution and transmission lines which benefit
its customers; and
WHEREAS, to the extent that the Loxahatchee River
Environmental Control District is charged with design for the
construction of the sewer distribution and transmission
systems of the Project, the Loxahatchee River Environmental
Control District agrees to be responsible for any and all
liability with regard to its performance of the requirements
of this Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Section 1. The Agreement between the Village of Tequesta
and the Loxahatchee River Environmental Control District for
the Joint Project Participation in Construction of the
Tequesta Drive Bridge Water Main Replacement and the Tequesta
Drive Bridge Sewer Main Replacement within the Tequesta Drive
Right -of -Way Village of Tequesta, Palm Beach County, Florida,
attached hereto as Exhibit "A" and incorporated by reference
as a part of this Resolution is hereby approved and the Mayor
of the Village is authorized to execute the same on behalf of
the Village of Tequesta.
THE FOREGOING RESOLUTION was offered by
Councilmember Burckart who moved its
adoption. The motion was seconded by
Councilmember Capretta and upon being
put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Earl L. Collings
Edward C. Howell
Ron T. Mackail
Joseph N. Capretta
William E. Burckart
The Mayor thereupon declared the Resolution duly passed and
adopted this 13th day of August 1992.
MAYOR OF TE Q UESTA
arl L. Collings
ATTEST:
J ann Manganie4lio
Village Clerk
•
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EXHIBIT "A"
AGREEMENT
BETWEEN THE VILLAGE OF TEQUESTA
AND
• THE LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT
FOR THE
JOINT PROJECT PARTICIPATION
IN CONSTRUCTION OF THE TEQUESTA DRIVE BRIDGE
WATER MAIN REPLACEMENT AND THE TEQUESTA DRIVE BRIDGE
SEWER MAIN REPLACEMENT WITHIN THE TEQUESTA DRIVE RIGHT -OF -WAY
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA
THIS AGREEMENT, made and entered into this /-3�p( day of
1992, by and between the Village of Tequesta, a
polatical subdivision of the State of Florida, hereinafter
called and referred to as the "VILLAGE" and the Loxahatchee
River Environmental Control District, a Special District of the
State of Florida, hereinafter called and referred to as the
"L.R.E.C.D."",
WITNESSETH:
WHEREAS. the Village and L.R.E.C.D. are authorized to enter into
this Agreement pursuant to Section 163.01, Florida Statutes, as
amended, which permits local governmental units to make the most
efficient use of their powers by enabling them to cooperate with
other governmental units on a basis of mutual advantage; and
WHEREAS, the VILLAGE has caused to be prepared water main
replacement construction plans and specifications for that water
main located upon the Tequesta Drive Bridge within the
Tequesta Drive right -of -way; and
WHEREAS, L.R.E.C.D. has caused to be prepared utility
construction plans and specifications for a sewer main located
upon the Tequesta Drive Bridge within the Tequesta Drive
right -of -way which will serve portions of its service area; and
WHEREAS, both the VILLAGE and L.R.E.C.D. declare that it is in
the public interest that the water and sewer transmission
systems as contemplated herein be constructed simultaneously and
in coordination; and
WHEREAS, L.R.E.C.D. has budgeted funds for cooperation in
• construction of the sewer distribution and transmission line
referenced herein; and
WHEREAS, L.R.E.C.D. is desirous of funding the costs for
construction of the sewer distribution and transmission lines
which benefit the customers of L.R.E.C.D.; and
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WHEREAS, L.R.E.C.D. is desirous of funding the costs for
construction of the sewer distribution and transmission lines
which benefit the customers of L.R.E.C.D.; and
WHEREAS, L.R.E.C.D. will perform all inspections, testing and
certifications required for the sewer distribution and
• transmission system to ensure compliance with their
specifications and permits.
NOW, THEREFORE, for and in consideration of the mutual covenants
contained herein, the Parties to this Agreement agree as follows:
1. The recitals set forth above are hereby adopted and
incorporated in this Agreement.
2. The VILLAGE agrees to:
A. Advertise for bids, submit bids to L.R.E.C.D. for review
and award a contract for the construction of the
Tequesta Drive Water Main Replacement Project and the
Sewer Distribution and Transmission Systems which are to
be owned by L.R.E.C.D.
B. Administer the above contract and administer the funds
in accordance with this Agreement.
C. Upon request of L.R.E.C.D., initiate a contract audit in
• accordance with standard accounting procedures, which
reflect total, final costs of the sewer distribution and
transmission systems, upon completion of this Project.
3. L.R.E.C.D. agrees to:
A) Use a professional engineer selected by L.R.E.C.D. to
prepare design plans for the construction of the sewer
distribution and transmission systems and obtain all
necessary permits for the L.R.E.C.D. portion of the
Project.
B) Pay the costs of engineering services to accomplish
design plans for the construction of sewer distribution
and transmission systems for the Project.
C) Provide or cause to be performed, all inspection
services for the construction of the sewer distribution
and transmission systems during construction of and
final certification for the aforementioned sewer systems.
• D) To the extent that L.R.E.C.D. is charged with design for
the construction of the sewer distribution and
transmission systems of the Project, L.R.E.C.D. agrees
to be responsible for any and all liability with regard
to its performance of the requirements of this Agreement.
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E) To contribute and to forward to the VILLAGE, the funding
for the actual costs of construction of the sewer
distribution and transmission systems. Contributions and
funding for the cost of such construction shall be paid
by L.R.E.C.D. as such costs accrue and within fifteen
(15) days after a bill for same has been sent by the
VILLAGE to L.R.E.C.D.
• 4. Both the VILLAGE and L.R.E.C.D. agree to pay to the other
such funds as are indicated in a final audit as set forth in
Paragraph 2 -C above, which will balance accounts between the
Parties.
5. This Agreement shall be executed in triplicate and the
VILLAGE shall retain two (2) copies and L.R.E.C.D. shall
retain one (1) copy. All copies shall be considered an
original.
6. Any and all notices required or permitted to be given
hereunder shall be received five (5) days after same or
deposited in U.S. Mail, sent Certified Mail- Return Receipt
Requested.
All Notices to be VILLAGE shall be sent to:
Thomas C. Hall
Water System Manager
Village of Tequesta
P.O. Box 3474
Tequesta, Florida 33469
All Notices to L.R.E.C.D. shall be sent to:
Richard C. Dent
Executive Director
Loxahatchee River Environmental Control District
2500 Jupiter Park Drive
Jupiter, Florida 33458 -8964
IN WITNESS WHEREOF, the Village of Tequesta, Florida, has
caused this Agreement to be signed by the Mayor of the VILLAGE
AND THE Seal of the Village of Tequesta to be affixed hereto
and attested by the Village Clerk, pursuant to authority granted
by the Village Council, and the Loxahatchee River
Environmental Control District has caused this Agreement to be
signed in its name by its Executive Director and its Seal to be
affixed hereto, attested by its Director of Development, both Pursuant
to the authority of the Loxahatchee River Environmental Control Dis-
trict Governing Board, the date and year first above written.
•
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VILLAGE OF TEQUESTA LOXAHATCHE RIVER ENVIRONMENTAL
�ONTROL' S T
M y oft. Ott
' DATE: / Z DATE:
ATTEST: ATTEST:
BY:
vILLg&
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGAL SUFFICIENCY: LEGAL SUFFICIENCY:
?e 46
•
Y LAGE AT ORNEY L.R.E.C.D. ATTORNEY
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`TILLAGE OF TEQUESTA LOXAHATCHE RIVER ENVIRONMENTAL
CONTROL' ST T
By
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DATE: / � Z DATE: 99
•
ATTEST: ATTEST:
BY: BY:
V 4 >- .I.ACrL C Llz' 1�
APPROVED AS TO FORM AND APPROVED AS TO FORM AND
LEGAL SUFFICIENCY: LEGAL SUFFICIENCY:
BY: BY:
V LAGE AT ORNEY L.R.E.C.D. ATTORNEY
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