HomeMy WebLinkAboutCocoa Water Franchise Interlocal 1994-2024 1
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WATER FRANCHISE
INTERLOCAL AGREEMENT .r
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THIS INTERLOCAL AGREEMENT is made this 10th day of
May , 19 94 , by and between the City of Cape Canaveral,
Florida, a Florida municipal corporation, hereinafter referred to
as "Cape Canaveral," and the City of Cocoa, Florida, a Florida
municipal corporation, hereinafter referred to as "Cocoa."
RECITALS
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WHEREAS, Cocoa presently operates a water works supply and
transmission system within central Brevard County, Florida, for the
purpose of furnishing water to its customers: and,
WHEREAS, Cocoa is authorized by Florida law to operate a water
system outside of Cocoa's corporate limits; and,
WHEREAS, Cocoa '
previously extended into Cape Canaveral water
facilities to furnish water to consumers in Cape Canaveral, which
action was authorized by virtue of Ordinance Number 38 -64 adopted
by Cape Canaveral on September 21, 1964, and Resolution adopted by
Cocoa on October 20, 1964; and,
WHEREAS, the Franchise Agreement ( "Agreement ") expires on
October 21, 1994, and the parties hereto desire to establish an
agreement under which water will be supplied by Cocoa to Cape
Canaveral consumers;
NOW THEREFORE, in consideration of the mutual promises herein
contained, it is agreed as follows:
1. INCORPORATION OF RECITALS. The foregoing recitals are
true and accurate and are incorporated herein by reference.
2. REPRESENTATIONS OF COCOA. Cocoa makes the following
representations to Cape Canaveral:
a. Cocoa is duly organized and in good standing under i
the laws of the State of Florida, and is duly qualified and
authorized to carry on the governmental functions and operations
set forth in this Agreement.
b. cocoa has the power, authority, and legal right to
enter into and perform the obligations set forth in this Agreement,
and the execution, delivery and performance hereof by Cocoa (i) has
been duly authorized by the City Council of the City of Cocoa; (ii)
does not constitute a default under, or result in the creation of
any lien, charge, encumbrance or security interest upon the assets
of Cocoa, except as otherwise provided herein.
--EXHIBIT "B" TO ORDINANCE NO. 11 -94 —
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3. REPRESENTATIONS OF CAPE CANAVERAL. Cape Canaveral makes
the following representations to Cocoa:
a. Cape Canaveral is duly organized arid good standing
under the laws of the State of Florida, and is duly qualified and
authorized to carry on the governmental functions and operations
set forth in this Agreement.
b. Cape Canaveral has the power, authority, and legal
right to enter into and perform the obligations set forth in this
Agreement, and the execution, delivery and performance hereof by
Cape Canaveral (i) has been duly authorized by the City Council of
the City of Cape Canaveral; (ii) does not constitute a default
under, or result in the creation of any lien, charge, encumbrance
or security interest upon the assets of Cape Canaveral, except as
otherwise provided herein.
4. STATUTORY AUTHORITY. This Agreement shall be considered
an Interlocal Agreement pursuant to Chapter 163.01, Florida
( Statutes. A true and correct copy of this Agreement shall be filed
with the Clerk of the Circuit Court in Brevard County.
5. GRANT OF AUTHORITY. Cape Canaveral grants Cocoa the
right, privilege and exclusive franchise to operate a water
distribution system within Cape Canaveral, and to furnish water
through said system to Cape Canaveral, the inhabitants thereof, and
all other persons, consumers and corporations located within the
corporate limits of Cape Canaveral, subject to the terms
6. GRANT OF EASEMENTS. In order for Cocoa to operate,
maintain, repair, replace, enlarge or extend the water distribution
system, Cape Canaveral grants to Cocoa a right of way and easement
for all water pipes, water mains, water tanks, valves, fire
hydrants, fittings, meters, backflow prevention devices, and all
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owned by Cocoa and located on or under all streets, avenues,
alleys, lanes, parks, bridges, and other public places in Cape
Canaveral or that may be hereafter annexed by Cape Canaveral, and
a right of way and easement for such additional water distribution
facilities as may hereafter be installed by Cocoa, on or under all
streets, avenues, alleys, lanes, parks, bridges, and other public
places in Cape Canaveral or tha may be hereafter annexed by Cape
Canaveral. The purposes for which Cocoa may use these easements
are for the maintenance, repair, installation, improvement, and
operation of the water distribution facilities for the benefit of
customers located within and outside the municipal limits of Cape
Canaveral. This grant of easement shall continue for so long as
this Agreement remains in full force and effect, except it shall
continue after termination of this Agreement to the extent
necessary to supply customers of Cocoa located outside of the
municipal limits of Cape Canaveral.
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7. DURATION AND EFFECTIVE DATE OF AGREEMENT. The effective
date shall be the date the last party hereto signs this Agreement.
The term of this Agreement shall be thirty (30) years from the
effective date.
8. RIGHT TO PURCHASE WATER DISTRIBUTION SYSTEM. Pursuant
to Part IV of Chapter 166, Florida Statutes, Cape Canaveral shall
have the right to purchase from Cocoa the water distribution
facilities located in Cape Canaveral except for the water
transmission mains and appurtenances which convey water to
customers outside of Cape Canaveral. If Cape Canaveral elects to
purchase and operate the water distribution system within the
limits of Cape Canaveral, then the grant of exclusive franchise in
Section 5 shall terminate upon acquisition of title to the water
distribution system by Cape Canaveral.
9. RESTRICTIONS ON MAINTENANCE. EXTENSIONS AND IMPROVEMENTS
OF WATER DISTRIBUTION SYSTEM. Cocoa, in exercising the privileges
herein granted, shall install any extensions or improvement of the
water distribution facilities under the streets, avenues, alleys,
parks and other public places in Cape Canaveral in such a manner as
may not unreasonably interfere with the use of streets for the
purpose of travel by pedestrians and vehicles, and in such a manner
as may not unreasonably interfere with the establishment of any
storm sewers or drainage systems or any sanitary sewer system.
Cocoa shall relocate, change or reconstruct such water distribution
system facilities in order to permit the widening, paving,
relocating, or reconstruction of the streets, avenues, alleys,
lanes and other public places due to the demands of Federal, State
or local agencies to provide for the safety of the inhabitants of
Cape Canaveral. Cocoa shall promptly restore the surfaces of all
streets, avenues, alleys, lanes or other public places in which
said water distribution system shall be laid after the
installation, repair, maintenance, extension or improvement of said
system. Prior to the construction of any main extensions to the
water distribution system located within right of ways, alleys,
streets or roads owned by Cape Canaveral, Cocoa shall submit to
Cape Canaveral a plan for the construction of the same together
with the location of such extensions of the water distribution
system and construction shall not proceed until plans have been
approved by Cape Canaveral. Cape Canaveral shall not unreasonably
withhold its approval of plans so long as the same shall not
interfere with any drainage sewers, sanitary sewers or other public
works established in said City, and shall not be detrimental to the
health or safety of the inhabitants of Cape Canaveral or the
general public. In the event that Cocoa in the exercise of the
rights, privileges and franchise herein granted shall create any
excavation, obstruction or other situation hazardous or detrimental
to the health or safety of the inhabitants of Cape Canaveral or the
general public, Cape Canaveral shall request in writing that Cocoa
promptly make repairs or clear the obstruction, and in case any
such situation caused by Cocoa shall remain longer than thirty (30)
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days after written notice to correct it, or in case of neglect by
Cocoa to protect any dangerous places by warning signs and proper
guards, Cape Canaveral may correct the situation or provide
protection at the expense of Cocoa. All maintenance, repair,
extensions or improvements to the water distribution system will be
in accordance with applicable Cocoa and Cape Canaveral ordinances,
resolutions, and codes as may be in effect from time to time.
Conflicts between ordinances, resolutions and codes of Cocoa and
Cape Canaveral will be resolved in favor of Cape Canaveral unless
an undue financial hardship for Cocoa would result therefrom. Any
permit fees, impact fees, and other similar charges for all such
extensions and improvements to the water distribution facilities
shall be paid to Cocoa by the applicant for service or approval.
In regard to the maintenance of any and all fire hydrants serviced
by the Cocoa water distribution system in Cape Canaveral, cocoa
will expedite repair service to any hydrant taken out of service.
The Cape Canaveral Fire Department shall be notified immediately of
f any hydrant taken out of service. Until said hydrant is placed
back in service after repair and during the time the hydrant is out
of service, it shall be appropriately marked or prominently
indicated on the hydrant that it is out of service. In further
consideration of annual hydrant maintenance, when any hydrant in
Cape Canaveral is painted, all caps shall be removed prior to
painting and replaced after painting.
10. OBLIGATION OF CAPE CANAVERAL TO ASSIST IN CONDEMNATION.,
If Cocoa deems it advisable to obtain private property within Cape
Canaveral for the purpose of installing or maintaining the water
distribution facilities, and a court of competent jurisdiction or
the Cocoa City Attorney determines that Cocoa does not have the
legal right to condemn such property, then Cape Canaveral will
institute such condemnation proceedings as necessary in order to
acquire such land. Cocoa shall reimburse Cape Canaveral for all
expenses involved in such condemnation proceedings, including court
costs, appraisers' fees and attorneys' fees reasonably incurred by
Cape Canaveral, as well as the compensation award to be paid to the
private land owner. Upon payment of all such sums to Cape
Canaveral, Cape Canaveral will then take such measures as it deems
necessary and appropriate to safeguard and assure that the
condemned property will be devoted to the public purpose for which
it was condemned.
11. OBLIGATIONS TO ASSIST IN OBTAINING PERMITS. Cape
Canaveral will promptly cooperate and assist Cocoa in obtaining any
and all permits necessary or convenient to the acquisition,
alteration, replacement, expansion, or operation of the water
distribution facilities provided that Cocoa pays all costs and
expenses involved in obtaining any such permit or permits, and
provided further that said water distribution facilities are
located within the municipal boundaries of Cape Canaveral, or such
cooperation and assistance will benefit citizens of Cape Canaveral.
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For the purpose of this Agreement, the term "permits" shall mean
all licenses, permits, or other approvals from any government or
governmental agency, whether federal, state, regional or local,
necessary or convenient to the acquisition, construction, transfer,
operation or expansion of the water distribution facilities,
including but not limited to any general- water use permits,
temporary water use permits, individual water use permits or
transfer of a water use permit issued by the St. Johns River water
Management District, the Department of Environmental Regulation,
the United States Army Corps of Engineers, and all successor
agencies. Cape Canaveral will cooperate and assist Cocoa with
implementation of water conservation plans by considering municipal
ordinances relating to adopting codes for using ultra - low flow
water fixtures, for using moisture sensing devices for irrigation
systems and for support of xeriscape landscaping alternatives.
12. WATER CHARGES.
a. The rate to be charged for potable water supplied to
Cape Canaveral and all consumers within Cape Canaveral shall be the
same rate charged to consumers located within Cocoa's municipal
boundaries plus a surcharge equal to 25% of the rate. Cocoa
reserves the right to change these rates from time to time,
provided, however, the rates shall not exceed those authorized by
law.
b. Cocoa reserves the right to charge water connection
fees, impact fees, and such other charges as are authorized by law,
and by ordinances, resolutions and rules adopted by the Cocoa City
Council, as a condition precedent to allowing customers within Cape
Canaveral to connect to the water distribution facilities. Cocoa
shall provide written notification to the Cape Canaveral City
Manager at least thirty days prior to implementing a rate increase
after January 1996. Cocoa's water rate resolution #93 -40 is
attached as Appendix A.
13. SERVICE STANDARDS. Cocoa shall operate and maintain its
water supply and distribution system and render efficient service
in accordance with the regulations of the Florida Department of
Environmental Protection, the St. Johns River Water Management
District, and particularly in accordance with the following
provisions;
a. Pressure. , Cocoa shall deliver water in such
quantities as will maintain at the fire hydrants the minimum
requirements of the Code of Standards of the Insurance Service
Office and National Fire Protection Association. However, Cocoa
does not guarantee that the supply of water to be distributed
within Cape Canaveral shall be at all times constant or maintained
at the pressure specified above, and it is understood the temporary
cessation of delivery of water, or drop in water pressure at any
time caused by any Act of God, fires, strikes, casualties,
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accidents, necessary maintenance work, breakdowns, damage to
machinery or lines, civil or military authority or by riot or other
cause beyond the control of Cocoa shall not constitute a breach of
the provisions hereof, or impose liability upon_ Cocoa to Cape
Canaveral, or to its inhabitants, or water consumers therein.
"Planned" water outages for more than twenty -five (25) homes shall
result in a courtesy notification to the Cape Canaveral City
Manager's office.
b. potability. Water delivered hereunder shall be good
and potable in accordance with the standards of the Florida
Department of Environmental Protection or successor agency, and be
substantially equal to that furnished by Cocoa to other customers
of its water system.
c. Main Extensions. Cocoa shall promptly make such main
extensions and fire hydrant installations as may be required and
paid for by one or more customers.
i d. Meters. All water delivered to consumers hereunder
(except water delivered to fire hydrants) shall be measured by
meters of standard make and of sufficient size, such .meters to be
furnished, installed and maintained by and at the cost of Cocoa.
( Cape Canaveral shall have the right, upon making written request to
Cocoa, to have any meter or meters tested in the presence of a
representative of Cape Canaveral and if said meter or meters shall
be found to be incorrect or inaccurate, the same shall be restored
to an accurate condition or a new ineter or meters - -shall be
installed at the cost of Cocoa. If such meters be found to be
within three percent (3 %) of the accurate or true reading, the cost
of such test shall be borne by Cape Canaveral but otherwise shall
be paid by Cocoa, and should any test or tests show any such meter
or meters to be substantially inaccurate, computations for water
previously delivered since the last preceding monthly meter reading
shall be adjusted accordingly.
14. UTILITY TAX. In the event that the City of Cape '
Canaveral levies, in accordance with Florida Statutes, a public
service tax (utility tax) on water consumption within the corporate
limits of the City of Cape Canaveral and upon written notification
to the City of Cocoa by the Cape Canaveral City Manager of the
enactment of said utility tax, the City of Cocoa shall bill and
remit said tax on a monthly basis at no cost to the City of Cape
Canaveral.
15. INDEMNIFICATION.
a. Cocoa agrees that it will indemnify and hold
harmless Cape Canaveral to the extent permitted by law, from any
and all liability, claims, damages, expenses, proceedings and
causes of action of any kind and /or nature arising out of or
connected with Cocoa's management, control, use, operation,
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maintenance or repair of the water distribution facilities provided
for hereunder subject to Florida Statute 768.28. Cocoa agrees that
it will, at its own expense, defend any and all actions, writs or
proceedings which are brought against cape Canaveral and which
arise out of circumstances set out previously in this paragraph,
and that it will satisfy, pay and discharge any and all judgments
that may be entered against Cape Canaveral in any such actions or
proceedings.
b. Cape Canaveral agrees that it will indemnify and
hold harmless Cocoa to the extent permitted by law, from any and
all liability, claims, damages, expenses, proceedings and causes of
action of any kind and /or nature arising out of or connected with
Cape Canaveral's management, control, use, operation, maintenance
facilities repair of the water distribution acilities provided for
hereunder subject to Florida Statute 768.28. Cape Canaveral agrees
that it will, at its own expense, defend any and all actions, writs
or proceedings which are brought against Cocoa and which arise out
of circumstances set out previously in this paragraph, and that it
will satisfy, pay and discharge any and all judgments that may be
entered against Cocoa in any such actions or proceedings.
16. REGULATION OF WATER SYSTEM. Cocoa is authorized and
empowered to make any and all reasonable rules and regulations
governing the use of the water distribution system, including, but I
not limited to: (a) the time and manner of payment for water
furnished including, but not limited to, connection and cut -off
charges, and cash deposits to insure payment of charges; (b)
restricting the hours and days on which consumers in Cape Canaveral
may use the water distribution system for conservation purposes;
(c) take such actions as are necessary in order for the water
distribution system to comply with all applicable local, county,
regional and federal regulations as may be in effect from time to
time; (d) curtail, suspend or terminate the right of a consumer to
use the water distribution system for failure to pay charges when
due, or otherwise herwise failin to comply
� with suc regulations.
such
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event service is curtailed to a particular user, said user will
have to pay such reconnect fees as established by Cocoa from time
to time as a condition to the restoration of service.
17. TAXATION OF IMPROVEMENTS. All rights, privileges and
easements granted to Cocoa herein, as well as the water
distribution facilities presently owned by Cocoa or hereafter
acquired, shall be considered as public property of Cocoa, used for
public purposes, and shall, to the extent permitted by law, be
• exempt from all taxation, either ad valorem, personal, excise,
license, specific, or otherwise, by Cape Canaveral.
18. FIRE HYDRANTS Cape Canaveral shall designate the
location of fire hydrants on existing mains or future mains. The
Cape Canaveral consumer requesting the fire hydrant, or Cape
Canaveral, as the case may be, will pay to install said fire
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hydrants and unmetered fire mains. Cape Canaveral and consumers in
Cape Canaveral will pay the same annual rental fee and installation
fee for said fire hydrants and unmetered fire mains, as do
customers of Cocoa located within Cocoa's municipal boundaries.
Cocoa shall flow test hydrants no less often than annually and
provide test results to Cape Canaveral. Cape Canaveral reserves
the option of having fire hydrant charges billed directly to water
consumers in Cape Canaveral in lieu of direct payment to Cocoa.
Cape Canaveral shall provide to Cocoa a resolution or ordinance
detailing the apportionment of fire hydrant charges to the various
size water meters serving customers within Cape Canaveral prior to
direct billing.
19. IMPROVEMENTS BY CAPE CANAVERAL. It is understood that
Cape Canaveral may, from time to time, construct, improve and
repair the streets, curbs, gutters, sidewalks, bike paths, storm
sewers, sanitary sewers and other similar improvements located
within Cape Canaveral. In the event it is necessary to relocate a
portion of the water distribution facilities because of these
improvements, then Cape Canaveral will pay all costs necessary to
relocate the water distribution facilities. In the event the water
distribution facilities are damaged by a Cape Canaveral employee or
independent contractor employed by Cape Canaveral, Cape Canaveral
will pay all costs necessary to repair the damage to the water
distribution facilities, provided, however, that if the damage is
caused by an independent contractor, Cape Canaveral shall stand
subrogated to all rights and remedies of Cocoa for the collection
from the party legally responsible for the damage of all "sums Cape
Canaveral is required to pay to Cocoa hereunder.
20. NOTICES. All notices required pursuant to this Agreement
shall be in writing, and shall be delivered to the parties by
United States mail, postage prepaid, as follows:
Cocoa Representative:
City of Cocoa
City Manager
603 Brevard Avenue
Cocoa, Florida 32923
Cape Canaveral Representative:
City of Cape Canaveral
Mayor
105 Polk Avenue
Cape Canaveral, Florida 32920
21. SEVERABILITY. If any section, subsection, sentence,
clause, phrase or portion of this Agreement is for any reason held
invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent
provision of such holding, and such holding shall not affect the
validity of the remaining portions hereof.
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22. ATTORNEY'S FEES. In the event of any litigation
! hereunder, to enforce or construe the terms of this Agreement, the
prevailing party shall be entitled to an award of its reasonable
attorney's fees and court costs incurred in such action.
23. ENTIRETY. This Agreement represents the entire
understanding of the parties hereto. Any amendments shall be in
writing and signed by both parties.
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24. SUCCESSORS AND ASSIGNS. This Agreement shall be binding
upon and inure to the benefit of the parties hereto and their
respective successors and assigns.
25. APPLICABLE LAW. The laws of the State of Florida
shall govern the validity, interpretation, construction and
performance of this Agreement. Venue for any suit involving this
Agreement shall be in Brevard County, Florida.
26. WAIVER. Unless otherwise specifically provided by the
terms of this Agreement, no delay or failure to exercise a right
resulting from any breach of this Agreement shall impair such right
or shall be construed to be a waiver thereof, but such right may be
exercised from time to time and as often as may be deemed
expedient. Any waiver shall be in writing and signed by the party
granting the waiver. If any representation, warranty or covenant
contained in this Agreement is breached by any party and thereafter
waived by the other party, such waiver shall be limited to the
particular breach so waived and shall not be deemed to waiver,
either expressly or impliedly, any other breach of this Agreement.
IN WITNESS WHEREOF, the parties have set their hands and
seals.
Attest: CITY OF COCOA
BY : c l/ D CV/ .,
TY s CLERK CITY M�
DATED: 5/l//34
Attest:
: U7L
CITY CLERK MA.' OR
DATED: April 19, 1994
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RESOLUTION NO 94 -10
1 A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR
AND CITY CLERK TO ENTER INTO A WATER FRANCHISE
INTERLOCAL AGREEMENT WITH THE CITY OF COCOA;
1 AND PROVIDING FOR AN EFFECTIVE DATE.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City
of Cape Canaveral, Brevard County, Florida, as follows:
SECTION 1. The Mayor and City Clerk are hereby authorized
to execute the Water Franchise Interlocal Agreement with the City
of Cocoa to furnish water to consumers in Cape Canaveral for thirty
(30) years beginning on the effective date of the agreement; a copy
of said agreement is attached hereto and made a part hereof by
reference.
SECTION 2. This Resolution shall take effect immediately upon
its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 19th day of April , 1994.
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J C Salamone, MAYOR
ATTEST:
Faith G. Miller, CITY CLERK NAME YES NO
BERGER X
Approved as to Form: NICHOLAS X
PORTER X
RANDELS X
Join R. Kancilia, CITY ATTORNEY
SALAMONE X
cc: 4/20/94 - City of Cocoa.
_ EXHIBIT "A" TO ORDINANCE NO 11 -94 _
ORDINANCE NO. 11 -94
AN ORDINANCE BY THE CITY OF COCOA, FLORIDA,
ACCEPTING THE RIGHT, PRIVILEGE AND FRANCHISE TO
OPERATE A WATER DISTRIBUTION SYSTEM IN THE CITY
OF CAPE CANAVERAL; DEFINING THE TERMS, RIGHTS,
CONDITIONS AND LIMITATIONS OF THE SAID
FRANCHISE; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Cocoa presently operates a water works supply and transmission system
within Central Brevard County, Florida, for the purpose of furnishing water to its customers; and
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WHEREAS, Cocoa is authorized by Florida law to operate a water system outside of
Cocoa's corporate limits; and
WHEREAS, Cocoa and Cape Canaveral previously entered into a Water Franchise
Agreement ( "First Agreement "), by virtue of Ordinance Number 38 -64 adopted by Cape
Canaveral on September 21, 1964, and Resolution adopted by Cocoa on October 20, 1964; and
WHEREAS, the First Agreement granted Cocoa the right, privilege and franchise to
operate a water plant and water distribution system in Cape Canaveral, and to furnish water to
Cape Canaveral and its inhabitants; and
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WHEREAS, in furtherance of this desire, Cape Canaveral has granted to Cocoa, by
O rdinance, the rights, privilege, and franchise to perform the aforesaid, and Cocoa and Cape
Canaveral have also established a New Franchise Interlocal Agreement setting forth the terms and
conditions for implementing the aforesaid;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COCOA, FLORIDA, as follows:
Section 1: Accepting the Grant and Franchise
1 The City Council of the City of Cocoa, Florida, does hereby accept the grant and
franchise of the City of Cape Canaveral to operate a water supply and distribution system in the
City of Cape Canaveral, as set forth in Cape Canaveral Resolution #94 -10, attached hereto as
Exhibit "A ".
Section 2: Incorporation of Agreement by Reference
The City Council of the City of Cocoa, Florida, does hereby approve the terms and
conditions set forth in the Water Franchise Interlocal Agreement attached hereto as Exhibit "B"
and by this reference incorporated herein, and the City Manager shall execute and deliver said
s agreement on behalf of the City of Cocoa.
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Section 3: Repeal of Conflicting Ordinances
I All Ordinances and Resolutions or parts thereof in conflict with this Ordinance are hereby
repealed to the extent of any conflict.
Section 4: Separability Clause
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i If any section, paragraph, subdivision, clause, sentence, or provision of this Ordinance
shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not
affect, impair, invalidate, or nullify the remainder of this Ordinance, but the effect thereof shall
I i be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
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Section 5: Franchise Agreement Not Incorporated in Code
Any section, paragraph, subdivision, clause, sentence, or provision of the aforesaid Water
Franchise Interlocal Agreement, attached hereto as Exhibit "B ", shall not be incorporated as
written text into the City of Cocoa Code.
Section 6: Effective Date -
This Ordinance shall become effective upon its adoption by the City Council of the City
i of Cocoa.
ADOPTED at a regular meeting of the City Council of the City of Cocoa, held on the
10th day of May , 1994. j
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MAYOR
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ATTEST: /'t &• - 'ac - e °S , 1'L ,
CITY CLERK
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FIRST READING: April 26, 1994
1 SECOND READING: May 10, 1994
EFFECTIVE DATE: May 10, 1994
$ , • •ter. ![. 1r�- j�.d!y` 1
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STATE OF FLORIDA
COUNTY OF BREVARD
This is to certify that the foregoing is a
true and correct copy of records filed in
this office. Witness my hand and official
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seal this 1[k-_ day of .k2_, 19 I/
BETH D A I CITY CLERK
i CITY OF COCOA, COCOA, FLORIDA
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