Loading...
HomeMy WebLinkAboutR-02667RESOLUTION NO. 2667. A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI AND THE MIAMI WATER COMPANYAS HEREINAFTER SET FORTH. BE IT RESOLVED BY THE COL OP THE CITY OF MIAMI: That the Oity Manager be, and he is hereby, authorize and directed to execute en agreement between the City of Miami and the Miami Water Company in the following form to -wit: STATE OF FLORIDA) ) SS DADE COUNTY THIS AGREEMENT, made and entered into this day of (-1 A.D. 1926, by and between the City of Miami, Flori- da, a municipal corporation organized under the laws of the State of Florida, party of the first part, hereinafter referred to as the City, and Liiami Water Company, a corporation organized and existing under the laws of the State of Florida, hereinafter re- ferred to as the Company, party of the second part: 'VITNESSETH: That for and in consideration of the mutual covenants hereinafter set forth, the parties hereto do hereby covenant and agree to and with each other, as follows, to -wit: 1. The City agrees to maintain and operate an adequate source or sources of water supply a the same may be required from time to time und to deliver the water in bulk to the Miami ater Company for distribution by the Company to its present and future 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 sufficient elevation to fill the Faid well or reservoir to its flow line at elevation 13 laami City datum end any and all water from any addttionel sources of supply which may in the future be used by the City, at positive head, and at 2,zob ooint or points on Company's distribution sys- tem es the Company and the City may from time to time mutually agree upon. 3. The City agrees to fornlish a continuous supply of water in the amount necessz„ry or requisite for or • tion witl, the distribution of water for all PLRiO uontempli.ted herta..in of good bill potable ,,uality satis- factory for domestic use, and to protect and hold harm- less the Company ainst all olaims and liabilities re- sultih: fro:, any deficiency in the quality or qualtity of the water so deliveredto the Company. 4, 2he City will furnish water free from sediment, from normal carbonatec and from all materials that would corrode or fill up or crystallize on or injure the pipes, fittings, or meters of the Company. 1 5. In addition to ell other agreements the City agrees, during the life of this contract, to furnish water of the same quality as that furnished the City of Miafli and in such quantity as may be required by the city of Miami Beach insofar as the City of Miami may be able to furnish water to the City of Miami, Beach in excess of the amount of water required to first serve the inhabitants of the City of Miami, and the Company is hereby authorized to supply said water to the City of Miami Beach and the inhabitants thereof. It is understood that the Company will enter into an agree- ment with the City of Miami Beach in the form hereto annexed, and marked Exhibit "A" to supply water to the City of Miami Beach to April 28th, 1955, or to the ter- mination of this agreement, if sooner terminated at the tate or charge of $1,000.00 per month for the first 10,000, 000 gallons of water or any part thereof, and for any additional monthly amount at the rate of $80.00 per 1,000,000 gallons, plus a surcharge in addition thereto of 755 of said rate or charge, which said con- tract is hereby approved by the City of giemi. The said suroharge therein provided for is to be added to the Company' smonthly bill to the City of Miami Beaoh 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 of Miami upon reaeonable prior written notice to the Company and the City of Miami Beach, so that the supply works of the City of Miami may be self-sustaining, and provided, further, that in the event the City of Miathi requires a surcharge in excess of the surcharge provided for in the contract attached hereto and marked Exhibit "A", such increased surcharge shall be determined in the manner set forth in Section 4 of said agreement attached hereto and marked Exhibit ,tA,1 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 re- arrange its pumping machinery and connections as may be convenient end 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 suifalement the said City's own water supply in the event of� shortage or failure in said water supply, and the Com- o:any agrees to use its best efforts at all times to main- tain in workin-: order said pumping machinery :end eonnec- tim r', o. .'he Company agrees to uerruit the City to install and r^sin- tair, rrecess::ry and adequate equipment on the Company's I'ltrit,s to enable the City to use from the ;rater distributed by the Company water fol• flushii. streets and sewers and for fivl=tiii:' fires, and the Company further agrees to per - Lit the City to use from the water distributed by Conuany water for such _,u2•_,ose s, under the arrangement set forth in '6eation F of th )t certain franuliise granted to Florida 7:astoast -'otel ^o(!;i,tland ep ;roved October 5, 1900, so 1 nig as said arranges:.ent, Lhall be adhered to by said City. .3aid Lby, ho eve:', at it Oiitioli, upon one year's ilolice, to the Company, terminate such arrangement and will t!lerebfter vey for ;all water so ,:Sees at Cor,ipuny' regular auplicalale rater therefor. 9. I:, connection ,:1 t -the delivery of water here - under the Company will oo ns truo t and pay for and own any part of the necessary transmission main and oonnao- tione which may be built upon the Company's land. 10. In the event the City desires to establish and ay.- thori ze a surcharge to be added to all bills for water and service to all the takers supplied by the Company except to the City of Miami Beaoh, the sax- oharge to it being provided for by Section 5, here- of, the Company agrees to add to its regular bills all such surcharges so authorized and established and pay over to said City all such surcharges so collected less a commission of 5% as herein provided. The Company agrees to keep the records, to make the calculations, and to exercise due diligence to col- lect the money so billed as far as practicable, and to pay the surcharge as collected, to the City quar- terly for the support of the supply system, and the City does hereby authorize the Company to collect from its consumers the amount of such surcharge in addition to its own charge as now or may hereafter bb established, and in accordance with the rules and regulations of the Company. There is hereby established and authorized until further notice as herein provided, a surcharge, which the Company will add to its regular water bills to all takers supplied by the Company within the City of Miami, an amount equal to 50`h of the sum oollected by the Company at its present established rates; provided, however, that the surcharge may in the future be raised or lowered by said City upon three months written notice to the Company so that the City supply works may be self-sustaining. 11. The Company, as compensation for the a dditional work in calculating, billing, :Aid collecting any surcharge that may be assessed under Section 10 above and for all other expenses incidental thereto shall receive a commission of five percent (550 of the surcharges collected for the City from consumers within the City of 1iami, which said five per cent (50) shall be de- ducted 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 by the Company to the City, shall be used exclusively for water works purposes and that the surcharges will never be f i-_ed to produce more revenue than is actually needed to pay operati na expenses, interest, amortization and a reaeonaele elloauoce for depreciation on the actual plant constructed and used by said Cite for supplying water to be dietriuuted by tine Company as herein pro- vided. .2.he City- of i.aumi uarees that tiie Company may furnish ':rater outside of the City of :,:ier,_r insofar as the City of ..:iami may be able to furnish water to consumers out- ride of tae City of iU eace s of the amount of water required tc first serve the inhabitant: of the City of ...i_eml end in addition to the surcharge of fifty percent (50) herein established in erection 10 hereof the City hereby authorizes eiid establishes until further notice as herein provided a surcharge which the Comaaiiy will add to its regular vzater bills to all tal.era supplied by the Company outside the City of iiien:i eouel to 25 o per- cent of the :punt collected by the Company et its present established rates, provided, however, that the surcharge may in the future be raised or lowered by said City upon three months written notice to the Company so that the City su :u1a works racy be self-sustaining.. The City agrees 4 that the Company, as compensetion for the additional work in calculating, billing, and collecting the surcharge and for all other expenses incidental there- to shall reoeive a commission of five per cent (5.2) of the surcharge collected for the City from consum- ers outside the City of Mimi, which said five per- cent shall be deducted from the sums otherwise pay- able to the City. This provision does not apply to water furnished to the City of Miami Beach, as samo is covered and set forth in ectton 5of this oontruct. 14. The books and records of the Compeny appertaininF: to water service rendered hereunder shell be open at all reasonable times to the inspection of the duly author- ized representatives of the City. 15. The term of this contract shall extend to April 28th, 1955, unless the franchise granted on April 26th, 1925, to the Uiami Water Company shall sooner terminute, in which event this contract shall thereupon be and. become null and void. 16. This contract shall inure to and be binding upon the suc- cessors of the City and successors and assisns of the Company. 17. This agreement shall take effect as of the 1st day of January, 1926. IN WITUESS "IHERMF, the Parties hereto have uaused these pres- ents to be executed in duplicate and their respective corporate seals to be thereto affixed by their duly authorized officers and officials, to -wit: The said City of :,Liemi by Frank H. Wharton, City i.lanager, end attested by H. E. Roos, City Clerk, and said Miami Water Company by Joe 1. ill, Vice -President and attested by lames -7. King, ;.sst, ecretary, on the clay und :sear above writ- ten. A2T361: City 1:,anes.er City Glerk • • 1 "DOCUMENT ftWE ITEM H. • 111•111,0 3?.;.7-; • •1.1ade and ant. (:r(..id liltO tL 0 azr of 1. L). beT.,w1 1H:e ;it et' .1,iaLi ii 01 .)or: ;;ed ii er t e the ital:o of Flori da, o f t;le anoIJaiJ ,:fat or A)Lii an:.7, a co rf orati or or_ ani u.K1L-3 d undey the 1 01: the 3tate o f 11or da 1:arty of t e (.! 3 oaid -1,art 1 : 12h at :or i.�. ih COLderat i on of the mutuul cove- ta and ;_tcreements hereaf tor :et or aercic and aEree u11ovi , t t e 1,arties hereto do 1. J roe:: I c (3 eliver to tLe he or.] ure te i o *.; CV1 40H iL 3 Lt.; ,_!or • ti I, ' 's,k. ;i t:, , e.T. : ; t (' • '; • L 1 C; - .: • • • : • ul -ve • • Min • L.