HomeMy WebLinkAboutR-02797RE301UI0IT NO. 2797.
A RESOLUTION +INC- RESOLUTION NO.
667, ADOPTED MAY 10, 1926, IN PDi
ICE TO AGREEMENT BE , TMIAVI WATE
COMPANY ArD CITY OF ra.aa•
BE IT RESOLVED BY THE C012,US5ION OF THE CITY OF IZAVT:
Section 1. That Section 3 of Exhibit "A" contained in Redo-
lution No. 2667, adopted May 10, 1926, said exhibit being form of
agreement proposed between the City of Miami Beach, Florida, and
same
the Miami 47ater Company, be, and the/is hereby, amended -to read as
follows:
So longaz the City of Miami Beach does not construct
dan/or maintain an elevated tank or tan) connected with
its distribution jstem sufficient to provide local storage
and to balance the fluctuation or Eraft at riami :each, so
as to permit water to pass throuGh the meter or meters at
a comIaratively steady rate of flow, it is mutually agreed
that neither the part:* of the second part nor the City of
iaami shall be responsible for or require& to corredt any
fluctuations in rate of draft and pressure.
-..eticn 2. Tit LActica 6 of ::xhibit "A" contained in aesolu-
tion Tro. 2667. adopted 1ar 10, 19L6, said e:faibit beinc form of agree-
ment
troposed between the City of Liami Beach, 21orida and the rdc.mi
..ater Cc:IDany, be, and he same ic hereLy, nmended to read as follows:
'2e Cit: of :each arees that the Eiami "kiater
tom- an.j will !tot Le :JA:16. responsible for any deficiency
in -uantiy or of wa:er; -2rovidea, however, that
shotad the Civ of :"ia f :each 'lot receive adec.uate cuan-
t: of waLer suitaLleii e2...et.nder, this contract!
b-s the -;t: reach aftur
o.writte:1 !,f.c(:., if t:.(.; ::later sr_ch ade,uacy of
ef such water t ubnlitted to
ar'Jitratio, a: hu.L.ei!lafter provided in this paraLraph
of this contract a:Id. if it is suLL.itted to such arbitration
CITY COMMIS%
g:ETING OF
JUN •3-Z6
,AuitUri ru. .......
REMANKS:. .................
then after six. Llonths writtun ]lotice aftur the fiadinL of
"DOCUMENT IND
L-1. -3
such Board. of Arbitrators. At the option of said
party of the second part, the question of the adequacy
of the quantity or quality, or both, of water, may be
submitted to a Berard of Arbitration, consisting of
three members, one to be appointed by the City Counoil
of the City of Miami Beach, one by the said party of the
second part and. a third. to be appointed by the two so
appointed and. the findings of said. Board of Arbitration
as to the adequacy of the quantity or quality of suoh
water shall be final, conclusive and. binding upon Each
of the parties hereto, for the purpose of this agreement.
If either of the parties hereto fail or refuse to
appoint an arbitrator pursuant to any of the provisions
of this ajrcement vithin ten days after notice of appoint-
ment of such arbitrators by either one of said parties,
then any one of the circuit judges of the Eleventh Judicial
Circuit of Florida for Dade County, may appoint an arbitrator
for the party so refusing to appoint and. in the event the
arbitrators appointed by the parties hereto or the arbitrators
appointed by one of the parties hereto and sc.id. circuit jud.ge
cannot ac;ree upon a third arbitrator, then such third arbi-
trator may immediately, upon notice thereof, be appointed by
one of ouch circuit judges.
T.SED JDADUTED '611'1.2 2C.tli day of June, A. D. 1926.