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Res 43-69 RESOLUTION NO. 43-69. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHOR- IZING THE EXECUTION OF SUPPLEMENTAL A- GREEMENT NUMBER 1. AFFECTING THE CONTRACT FOR THE DISPOSAL OF PRETREATED SANITARY SE~GE BE~EN THE CITY OF DELRAY BEACH AND THE TOWN OF HIGHLAND BEACH, DATED MAY 14, 1969. BE IT RESOLVED, by the City Council of the City of Delray Beach, Florida, a Florida municipal corporation, that the amendments set forth and contained in said Supplemental Agreement Number 1, referred to hereinabove, which provides for certain amendments as outlined below, be executed by the proper City officials. 1. CUSTOMER may elect to construct and/or operate the system through a Public Utility Company organized for that purpose. Such Public Utility Company shall be franchised by the CUSTOMER. 2. Regardless of such method utilized by CUSTO~.~R in construction and operation, CUSTOMER shall be solely responsible for all performances under the original "Agreement" (Contract) and all amendments thereto. 3. This amendment shall become effective upon the adoption of Resolutions passed by the "CITY" City of Delray Beach and the "CUSTOMER" Town of Highland Beach expressly authorizing the execution of this Supple- mental Agreement Number 1. PASSED AND ADOPTED in regular session on this the 13th day of October, 1969. ~MAYOR ATTEST: .. ' City Cle~k--~/ SUPPLEMENTAL AGREEMENT NUMBER 1. CONTRACT FOR THE DISPOSAL OF PRETREATED SANITARY SEWAGE CITY OF DELRAY BEACH & TOWN OF HIGHLAND BEACH WHEREAS, the City of Delray Beach, hereinafter referred to as the "CITY" and the Town of Highland Beach hereinafter ~eferred to as the "CUSTOMER" entered into a contract for disposal of pre- treated sanitary sewage on May 14, 1969, and WHEREAS, CUSTOMER may obtain better financial arrangements y granting a franchise to a Public Utility Company, for construc- ion and/or operation of CUSTOMER'S Sanitary Sewage System: NOW, THEREFORE, the parties hereto mutually agree to said Contract being amended as follows: 1. CUSTOMER may elect to construct and/or operate the sys- tem through a Public Utility Company organized for that purpose. Such Public Utility Company shall be franchised by the CUSTOMER. 2. Regardless of such method utilized by CUSTOMER in con- struction and operation, CUSTOMER shall be solely responsible for all performances under the original "Agreement" (Contract) and all amendments thereto. 3. This amendment shall become effective upon the adoption of~ Resolutions passed by the "CITY" City of Delray Beach and the "CUSTOMER" Town of Highland Beach expressly authorizing the execution of this Supplemental Agreement No. 1. Executed this day of , 1969. CITY OF DELRAY BEACH Palm Beach County, Florida Attest: Clerk, City of ~ · Del~a~ each (SEAL) TOWN OF HIGHLAND BEACH i. Palm Beach County, Florida Attest: Mayor THE "CUSTOMER" Clerk, Town of Highland Beach (SEAL) '