86-R-30. O d
RESOLUTION NO. 86-R-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH
THE UTILITIES COMMISSION, CITY OF NEW SMYRNA
BEACH, TO PROVIDE POTABLE [PATER TO THE CITY
OF EDGEWATER, IN TIMES OF EMERGENCY; REPEALING
ALL RESOLUTIONS IN CONFLICT HEREWITH AND PRO-
VIDING FOR AN EFFECTIVE DATE.
WHEREAS, at a regular Council meeting held on the 2nd
day of June, 1986, the City Council unanimously agreed to
enter into an agreement with the Utilities Commission, City
of New Smyrna Beach, for potable water to be provided to the
City of Edgewater, Florida, in times of emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDGEWATER, FLORIDA:
SECTION 1. That the appropriate officials of the City
of Edgewater, Florida, are authorized to execute the Inter-
connect Agreement with the Utilities Commission, City of New
Smyrna Beach, for potable water to be provided to the City of
Edgewater, Florida, in times of emergency.
SECTION 2. That said agreement is attached to this
Resolution and by reference incorporated herein, as if fully
set forth herein with full force and effect.
SECTION 3. That all resolutions or parts of resolutions
in conflict herewith be and the same are hereby repealed.
SECTION 4. That this Resolution shall take effect
immediately upon its adoption by the City Council of the City of
Edgewater, Florida, at a regular meeting of said Council
held on the 16th day of June 1986, and approved
as provided by law.
This Resolution was introduced and sponsored by Councilman
Councilman Rotundoand was read and passed by a vote of the City
Council at a regular meeting held on the 16th day of
June , 1986, and authenticated as providded by law.
ROLL CALL VOTE AS FOLLOWS:
MAYOR
COUNCILry --ZONE ONE
4J
Excused
COUNCILMAN - ZONE TWO
7�
C�UNCILMAP ZO THREE
Cy LINUILMAN - ZONE YOUR
dayoff Juan/ems/--, 1986.
,
C
AGREEMENT
AGREEMENT made this 16th day of June of 1986 , by
and between the Utilities Commission, City of New Smyrna Beach,
Florida, hereinafter the "Commission", and the City of Edgewater,
Florida, hereinafter "Edgewater", whereby the Commission intends
to comply with the request of Edgewater to provide potable water
in times of emergency.
FOR AND in consideration of the mutual exchange of promises
hereinafter contained, the parties do agree as follows:
1. Purpose. The interconnect is for a one way
transmission of water from the Commission's system to the
Edgewater system during times of emergencies. Emergencies shall
include, but are not limited to, power failure, mechanical
failure, water main breakage, fire demand and construction
disruption, but do not include periods, if any, during which the
Commission is experiencing a water shortage.
2. Cost. The responsibility and entire cost of
construction operation and maintenance of the interconnection,
including but not limited to, design consultant's fees,
inspection, testing, disinfection and permitting shall be
accomplished and/or paid for by Edgewater. Such cost incurred
and paid directly by the Commission shall be reimbursed by
Edgewater.
3. Construction. Contruction must be in accordance with
the standards of the American Water Works Association, approved
by both parties and the installed configuration shall be
inspected and accepted by the Commission before the interconnect
will become operable.
4. Operating the Interconnect. The Edgewater
Superintendent of Utilities or his designated representative
shall, in his discretion, notify the operator of the Commission's
water treatment plant of any emergency and the Commission's
operator shall be responsible for having someone meet Edgewater's
representative at the interconnect site within the hour of
notification of need for the joint operation of the interconnect.
Discontinuance shall occur in the same fashion.
5. Cost of Water. The cost of water transfered shall be
at the Commission's prevailing rate, plus such monthly and/or
standby charges as is applicable for Fire Service.
6. Indemnification. This contract in no way creates a
duty or contractual obligation of the Commission to the customers
of Edgewater. Edgewater agrees to indemnify and hold the
Commission harmless against claims of Edgewater's customers.
7. Termination. Both parties reserve the right to
discontinue this agreement when, in the opinion of either party
expressed in writing, furnishing water under this agreement is
detrimental to the quality or quantity of the water supply of
either party as follows:
This agreement may be terminated by Edgewater upon
thirty (30) days written notice to the Commission.
This agreement may be terminated by the Commission upon
not less than two (2) years written notice to Edgewater.
IN WITNESS WHEREOF the parties have set their hands and
seals on the day and year first written above.
CITY OF EDGEWATER, FLORIDA UTILITIES CO SSION, CITY
OF NEW EACH, FLOR101z
By: -
(seal)' <�
Approved alto Form and Correctness;::
J o t"'B 1 CU ii sties Commission Counsel
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