AGREEMENT (3)
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AGREEMENT
THIS AGREEMENT, made and entered into this 2--~c;{daY
of ~ a~ , 1954, by and between PINELLAS COUNTY,
FLORIDA, aoting by ani through it fI Board of County Oommissioners
(hereinafter sometimes referred to all the RCountyl), end CITY OF
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CLEARWATER, a municipal oorporation in said Pinellas Oounty, aot-
ing by and through its Oity Commission (hereinafter sometimes re-
ferred to afl the IOity"),
WIT N E SSE. '1' Ht
WHEREAS, the County has oonstruoted a new interim water
supply system and has aoquired a supply of water whioh it belleves
to be adequate to supply its present and future needs and to take
oare of oertain munioipalities in the County of Pinella9, inolud-
ing the City of Clearwater, whioh through proper aotion of their
respeotive governing bodies indicate a desire to be furnished a
steady and sure supply of water in suffioient quantities to serve
their respeotive needs.
NOW, THEREFORE, the parties hereto do hereby oovenant
and agree as follows:
1. The County hereby agrees to furnish water to the
City from its present water supply system at the rate of five cents
(5~) per thousand gallons, at sixty (60) pounds pressure at the
oonneotions.
2. All water delivered under this agreement shaH be
good and potable water and shall meet the baoterial and ohemioal
quali ty standards of the Florida State Board of Health and the
United States Publio Health Servioe, and to be of a minimum
quality of a hardness of leu than one hundred and eighty helo)
parts per million and with maximum ohloride not to exoeed one
hundred (100) parte per million. It shall be measured by a meter
or meters of standard make and suffioient size to be furnished,
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installed and maintained by and at the cost of the County and
located at the poinr or points of delivery of water to the City.
In case the City shall at any time question whether any meter or
meters are registering oorreotly the City shall have the right,
upon making written request to the County, to have sooh meter or
meters tested 1n the presenoe of a representative of the City and
if as a result of such test said meter or meters shall be found
incorreot or inacourate, said meter or meters shall be restored
to an aoourate condition or a new meter or new meters shall be
installed at the oost of the County. If such meter or meters be
found to be substantially aoourate, the oost of suoh test shall
be borne by the City, but otherwise shall be paid by the County,
and should any such test or tests show any suoh meter or meters
to be substantially inacourate, oomputations for water previously
de11vered s1noe the last preoeding monthly meter reading shall be
adjusted aocordingly. The County reserves the right to test suoh
meters at any time. The j:;erm n substantially aoourate" hereinabove
mentioned shall be oonstrued to mean within 21% plus or minus
from perfeot reg1stration.
3. The quantity of water de11vered to the C1ty sh8~l
be determined from meter readings made by or on behalf of the
County approximately onoe in each month, whereupon the County
agrees to render a bill to the City for the amount then due as
thus asoertained. The County hereby agrees to furnish to the
City approximately an average of one and one-half mill10n
(1,500,000) gallons of water per day at the rate of five oents
(5~) per one thousand (1000) gallons, at the minimum rate of
five hundred (500) gallons per minute or one-half of the oapa-
oity of the presently developed Blackburn field, whiohever is
greater.
4. Subjeot to the terms and oonditions hereinabove
set forth, the term of this Agreement shall be from the date of
its exeoution until the date of first delivery of water under any
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oontraot from the County to the City from the Tampa High
permanent well fields through the water system presently oomtem-
plated by the County or until the time for oompletion of suoh a
water system by the County has expired urXler any oontraot between
the County and the City for sl'l,le aOO purohs.se of water through
suoh system or until one (1) year from the date hereof, in the
event such a oontraot is not in existenoe, whioh period may be
extended under suoh termll and oonditionll as are agreeable to the
parties hereto.
5. The County does agree that the supply of water to
be delivered hereunder ldll be at all times oontinuous exoept
that temporary oessation of delivery of water at any time oaused
by the Aot of God, firell, strikes, oasualties, aooidents, neoess-
ary maintenanoe works, ,breakdownll of or injuries to machinery,
pumps or pipe lines, oivil or military authority, insurreotion,
riot, oourt order or any oause beyond the oontrol of the County,
shall not constitute a breach of this agreement on the part of
the County, and the County shall not be liable to the City or itll
inhabitants for any damage resulting from such unavoidable oessa-
tion of delivery.
IN WITNESS WHEREOF, llaid Pinellall County, Florida,
aoting by and through its Board of County Commissioners, has
oaused this agreement to be exeouted in its name and on its be-
half by the Chairman of said Board, its offioial seal to be
hereunto affixed, attellted by the Clerk of said Board, and llald
City, aoting by and through itll City Commission, has oaused thill
agreement to be exeouted in its name and on its behalf by its
City Manager and City A1.lditor and Clerk, oountersigned by ita
Mayor-Commissioner, and itll oorporate seal to be hereunto attaohed,
the day and year first above written.
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PINELLAS COUNTY, FLORIDA
ATTEST:
BY ~ 1-1.1. ~1.vI1l-' -
Clerk, Board of County
Commissioners.
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Atte.a:t:
Coonter'1gn." ~
BY4~r
Approved as to form and oorreotness, this ~ day
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of ~...- ~
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