Loading...
HomeMy WebLinkAboutR-02402.11111111111111111 RESOLUTION SO. 2402. A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI AND THE MIAMI WATER COMPANY AS HEREINAFTER SET FORTH. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI: That the City Manager be, and he is hereby, authorised and direoted to execute an agreement between tirCity ?Li' and the Miami Water Company in the following form, t: STATE OF FLORIDA ) DADE COUNTY This agreement, made and entered into this day of A. D. 6, by and between the City of _ Miami, Florida, a municipal i.o uner the laws of Florida. party of the first part, here e erred to as The City, and Lliami Water Company, a eorporati organized and existing under the laws of the State of$ Jer8.7, hereinafter referred to as Tho Company, party of the sec° art: WITITESSETH: That for and in consideration of the mutual covenants hereinafter set forth, t):a parties hereto do hereby covenant and agree to and with each other, ae follows, to -wit; The City agrees to miintain and operate an adequate of water supply as the same may be required from and to deliver the water in bulk to the Miami er Company for distribution by the Company to its pre- sent and uture takers. 2. The City will deliver the water from its present wells to the present well or reservoir of the Company at the golf ground station at a suffioient elevation to fill the said well or reservoir to it flow line at elevation 13 Miami City dutum, and any and all water from any addi- tional sources of supply which may in the future be used by the City, at positive head, and at such point or points on Company's distribution system ae the Company and the City way from time to time mutually agree upon. Repealed by R-02666 3. The City agrees to furnish a continuous supply of water in the amount neoeeeary or requieite for or in oonneotion with the distribution of water for all purposes oontemplated herein of good and potable quality satisfactory for domestic use, and to proteot and hold harmless the Com- pany against all claims and liabilities resulting from any deficiency in the quality or quantity of the water so livered to the Company. ide 4. The City will furnish water free from sediment, from normal carbonates and from all materials that would corrode or fill up or crystalize on or injure fittingd, or meters of the Compa 5. In addition to all other at'= City agrees, during the life of this contraot, to Turn er of the aame quality as that furnished th ity f Miami and in such quan- tity as may be required by the of Miami Beaoh insofar as the City of Miamy be able t urnish water to the City of Miami Beach in e the amount of water required to first 1 serve the inhabitante of the City of Miami, and the Company is hereby authorized to supply said water to the City of Miami Beach anhe inhabitants thereof. It is understood that the titer into an agreement with the City of Mkomi, hereto annexed and marked Exhibit "A" for' year from the date thereof to supply water <Z111"o - '-°ty of Miami Beach at the rate or charge of $1,000. er m th for the first 10,000,000 gallons of water or any par thereof, .and for any additional monthly amount at the rate of ;a0.00 per 1,000,000 gallons, plus a surcharge in addition thereto of 75p of said rate or charge, which said contract is hereby approved by the City of L:iami. The said surcharge therein provided for is to be added to the Company's monthly bill to the City of Miami Beach and paid over by the Company without deduction to the City of Miami when and as collected, provided, however, that the said surcharge therein provided for may in the future be raised or lowered by the City Repealed by R-02666 of Miami upon reasonable prior written notice to the Company and the City of Miami Beaoh, so that the supply works of the City of Miami may be made self-sustaining, and provided, further, that in the event the City of Miami requires a surcharge in excess of the euroharge pro- vided for in the contract attached hereto and marked Ex- hibit "A", such increased surcharge shall be determined in the manner set forth in Section 5 of said agreement attaohed hereto and marked 4xhibit "A". 6. The Company agrees to take and use in its system the water delivered to it by the City as herein provided or so much of it as may be necessary and agrees to so rearrange its pumping machinery and connections as may be convenient and necessary to maintain the distribution service. 7. The Company agrees that the City may at any time, upon reasonable notice, enter upon the Company's premises for the purpose of operating any wells of the Company located thereon and the pumping machinery and connections now owned by the Company for use in connection therewith in order to supplement the said City's own water supply in the event of shortage or failure in said water supolF, and the Company usiNits best efforts at all times to maintain in said pumping machinery and connect'.ons. Company agrees to permit the City to install and adequate equipment on the Company's mains to e City to use from the water distributed by the Com- pany water for flushing streets and sewers ano for fighting fires, and the Company further agrees to permit the City to use from the water distributed tr, Company water for sash pur- poses, under the arrangement Eet forth in :iection '6' of that certain franchise granted to Florida at Coast Hotel Company and approved r:dtober 5, 1900, pc) long u said ui-:reement shall bE adhered to by said City. Said City may, however, at its option, upon one year's written notice to the Company, termi- Repealed by R-02666 nate such arrangement and will thereafter pay for all water so used at Company's regular applicable rates therefor. 9. In connection with the delivery of water here- under the Company will construot and pay for and own any part of the necessary transmission main and oonnections which may be built upon the Company's land. 10. In the event the City desires to estab i authorize a surcharge to be added to all bills water service to all the takers supplied by the Comp the City of Miami Beach, the surcharge to it for by section 5 thereof, the Company agrees to regular bills all such surcharges so authorized and estab- lished and pay over to said City all such surcharges so col- lected less a commission of 5,Z as herein provided. The Com- pany agrees to keep the records, to make the calculations, and to exercise due diligence to collect the money so billed as far as practicable, and to pay the surcharge as collected to the City quarterly for the support of the supply system, and the City does hereby authorize the Company to collect from it onsurners the amount of such surcharge in addition to o as now or may hereafter be established, and cordanee with the rules and regulations of the Company. 'e is hereby established and authorized until further na as n n provided, a surcharge, which the Company will <Z11111111111111r aid egv1ar water Dills to all tatters sui;ulied by the mr :it=lin ti.e City of Kiani, an amount equal to 50; of the sort collected by the Comzny at its present established races; li'ovided, however, that the ou.rcll ,rde may in the future be raised or lowered by oaid City 1r90 1 tree months written notice to tl;e Company so that tie City su':,ply works may be made ::ei1'-oustain.inc. 11. :he Cor.lt;ariy, as cor )ensation for t re dditio,ial work in cafe' 1ztin2, bill iii ., and collectinc the sJci:arL;e and for all of:.er espenses incidental thereto shall receive a commission of five percent (5',„ of the si.scharge collected for the City from Repealed by R-02666 event this void. 14. the succe the Co consumers within the City of Miami, which said five peroent (5%1 shall be deducted from the sums otherwise payable to the City. 12. The City agrees that any and all amounts to be fixed by.it for surcharges to be assessed and collected b the Company and paid by the Company to the City, shall be used exclusively for water works purposes and that the a charges will never be fixed to produce more revenue than actually needed to pay operating expenses, interest,�or- tization and a reasonable allowance for depreciation on tie actual plant constructed and used by said City for supply water to be distributed by the Company as herein provided. 13. The term of this contract sh extend to 1955, unless the franchise granted 1925 to the Miami Water Company shall sr;.er erminate, in which and become null and contract shall thereupon be nure to and be binding upon a the successors and assigns of WHEREOF, the parties hereto have caused these xecuted in duplicate their respective cor- be thereto affixed by their duly authorized ffi cials, to -wit: The said City of laa1.1i by ton, its City _.: anacer , ,:1d attested by H. E. Ross, Jerk, and said ._iami Water C0mpalv by its Tre ident, attested by its Z:ecretary, ou the day and date habove written. City Clerk. 7/ Fy ..ec_ e ar; 7 ( RepeaI 'dby1-02.666 City ?'anaCer. . WATER c''. President. "DOCUMENT INDEI Ii o± ileceLbe:'.`, D. 1{'L.,.