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HomeMy WebLinkAboutCity of Tamarac Resolution R-88-105Temp. Reso. #5004 2 31 4' 5 I 8 •9 10 11 12 13 14 15 16 17 a 20 21 22 23 24 25 26 27 28 29 1 30 33 34 35 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-88- /0.6- A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A SECOND AMENDMENT TO THE LARGE USER WASTEWATER AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC RELATING TO PURCHASE OF WASTEWATER RESERVE CAPACITY; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are HEREBY AUTHORIZED to execute a Second Amendment to the Large User Wastewater Agreement between Broward County and the City of Tamarac relating to purchase of wastewater reserve capacity, a copy of said agreement being attached hereto as "Exhibit 1". SECTION 2: That the appropriate City officials are hereby authorized to execute said agreement on behalf of the City. SECTION 3: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this/4;7- day of 1988. ATTEST: NORMAN ABRAMOWITZ - MAYOR CAROL 9. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RICHARD DOOD CITY ATTORNE RECOROOF COUNC11L VOTE MAYOR !BRA OW1TZ .;QISTRICT 1: ROHR DISTRICT 2: ,V/m STELZER DISTRICT 3: C/M HOFFMAN DISTRICT 4: C/M BENDER 1� C `0 SECOND AMENDMENT TO LARGE USER WASTEWATER AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC RELATING TO PURCHASE OF WASTEWATER RESERVE CAPACITY CJ r l ??- Fg,_,o�r CI CI 0 SECOND AMENDMENT TO LARGE USER WASTEWATER AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC RELATING TO PURCHASE OF WASTEWATER RESERVE CAPACITY THIS IS THE SECOND AMENDMENT TO LARGE USER WASTEWATER AGREEMENT between: BROWARD COUNTY, a political subdivision of the State of Florida, its successors and assigns ("COUNTY"), through its Board of County Commissioners, AND The CITY OF TAMARAC, a municipal corporation in the State of Florida, its successors and assigns ("CUSTOMER") . WITNESSETH: WHEREAS, the COUNTY has determined there exists sufficient reserve capacity in its North Regional Wastewater System to sell 0.9 MGD treatment and 2.9 MGD transmission reserve capacity; and WHEREAS, CUSTOMER is a designated large user of the COUNTY'S North Regional Wastewater System; and WHEREAS, CUSTOMER has determined it is in need of 0.9 MGD treat- ment and 2.9 MGD transmission reserve capacity in the COUNTY'S North Regional Wastewater System; NOW, THEREFORE, IN CONSIDERATION of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, COUNTY and CUSTOMER agree as follows: 1. COUNTY to sell 0.9 MGD treatment and 2.9 MGD transmission reserve capacity in its North Regional Wastewater System to CUSTOMER. 2. Article 3.4 of the Large User Wastewater Agreement between Broward County and City of Tamarac, as successor of Tamarac Utilities, Inc., dated January 19, 1978, is hereby amended to read as follows: 3.4 CUSTOMER'S FUTURE FLOW PROJECTIONS CUSTOMER agrees that it has reviewed its present needs for wastewater transmission and wastewater treatment services and, with the advice and counsel of a professional engineer, has projected its future needs as shown below to the best of its knowledge and ability. PROJECTED ANNUAL AVERAGE FLOW IN MILLIONS OF GALLONS MAXIMUM MAXIMUM YEAR PER DAY MONTH DAY Transmission Treatment Avg. Daily Flow Daily Flow 1988 5,20 5.20 6.80 9.90 1989 5.40 5.40 7.00 10.20 1990 5.60 5.60 7.30 10.60 1991 5.90 5.90 7.70 11.20 1992 6.10 6.10 7.90 11.50 1993 6.20 6.20 8.10 11.70 1994 6.30 6.30 8.20 11.90 1995 6.40 6.40 8.30 12.00 2000 6.90 6.90 9.00 13.00 2005 7.30 7.30 9.50 13.80 . These projections shall serve as a reasonable estimate of the future needs of CUSTOMER for the purpose of planning expan- sion, construction, modification or alteration of said COUNTY facilities and shall be so used by COUNTY in determining plant capacity requirements attributable to CUSTOMER in COUNTY transmission, treatment and disposal facilities. COUNTY'S obli- gation to furnish service to CUSTOMER under this Agreement shall be limited to the above -stated quantities, or to modifi- cation or changes therein as provided for in Article 6 of this Agreement. COUNTY shall have all right and power by suit or other such proceedings at law or in equity to enforce the limitation of its obligations hereunder and to prohibit CUSTOMER or its officers, agents or employees from flowing wastewater into COUNTY'S transmission and treatment facilities which exceeds the amount of reserve capacity hereinabove indicated. -2- • 0 IN WITNESS WHEREOF, the parties hereto have made and executed this Second Amendment to Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair, authorized to execute same by Board action on the day of , 19 , and the CITY OF TAMARAC, signing by and through its Mayor- ommi'ss oner, duly authorized to execute same. ATTEST: COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex- Officio Clerk of the Board of By County Commissioners of SYLVIA POTTIER, Chair Broward County, Florida day of , 19 Approved as to form and legality by Office of General Counsel for Broward County, Florida SUSAN F. DELEGAL, General Counsel Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (305) 357-7600 By SHARON L. CRUZ Assistant General Counsel -3- F�1, gs, — SECOND AMENDMENT TO LARGE USER WASTEWATER AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC RELATING TO PURCHASE OF WASTEWATER RESERVE CAPACITY • WITNESSES: ATTEST: City Clerk eRR04 E, 9496v7-0 (CORPORATE SEAL) C� S LC : ed 3/28/88 #86-203 • CITY CITY OF TAMARAC By Mayor 1V og10,4n1 ,4 r�•9Mow day of 1gig. /� day of 19 Vg APPROVED AS TO FORM: By l C7 City Attorney I c Iry co l>y MYOF TAMARAC APPROVED AT MEETING OF /-7-/9 Z2