HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-079Temp. Reso. #11631
May 11, 2009 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009-�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE
SECOND AMENDMENT TO THE LARGE USER
WASTEWATER AGREEMENT BETWEEN BROWARD
COUNTY AND THE CITY OF TAMARAC FOR ADDITIONAL
WASTEWATER RESERVE CAPACITY; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac executed a Large User Wastewater Agreement
with Broward County for Wastewater Treatment and Transmission on November 28, 1988,
which was executed by Broward County on May 23, 1989 (incorporated by reference and
on file in the office of the City Clerk); and
WHEREAS, the Large User Wastewater Agreement provided a reserve capacity of
7.04 million gallons per day (MGD) for wastewater treatment and 7.04 MGD forwastewater
transmission; and
WHEREAS, the City of Tamarac executed a First Amendment to the Large User
Wastewater Agreement with Broward County for Wastewater Treatment and Transmission
on January 18, 2000, which was executed by Broward County on March 7, 2000
(incorporated by reference and on file in the office of the City Clerk); and
WHEREAS, the First Amendment to the Large User Wastewater Agreement
provided a reserve capacity of 8.04 million gallons perday (MGD) for wastewater treatment
and 8.04 MGD for wastewater transmission; and
Temp. Reso. #11631
May 11, 2009 2
WHEREAS, as a result of growth within the City, the wastewater flow from the City
has increased since the execution of the First Amendment to the Large User Wastewater
Agreement; and
WHEREAS, additional wastewater treatment and transmission reserve capacity is
available due to a recent expansion of the North Regional Wastewater System and is
required by the City; and
WHEREAS, the Second Amendment to the Large User Wastewater Agreement
would increase the Reserve Capacity for Wastewater Treatment and Wastewater
Transmission from 8.04 MGD to 8.50 MGD; and
WHEREAS, the Large User Wastewater Agreement is specific as to the method of
determining the cost of purchasing additional wastewater treatment and transmission
capacity, and is based on the proportion of debt service on the reserve capacity of an entity
to the debt service of the reserve capacity of the entire wastewater treatment and
wastewater transmission facilities; and
WHEREAS, the credit to the City to obtain additional Reserve Capacity from
Broward County using the "square one" methodology outlined in the Large User
Wastewater Agreement has been determined to be ($736,584) for wastewater treatment
and ($297,593) for wastewater transmission for a total credit of $1,034,177; and
WHEREAS, the Director of Utilities recommends the City execute the Second
Amendment to the Large User Wastewater Agreement with Broward County for additional
Wastewater Treatment and Wastewater Transmission Reserve Capacity; and
Temp. Reso. #11631
May 11, 2009 3
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in
the best interest of the citizens and residents of the City of Tamarac to authorize the
appropriate City Officials to execute the Second Amendment to the Large User Wastewater
Agreement with Broward County for additional Wastewater Treatment and Wastewater
Transmission Reserve Capacity; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this resolution.
The exhibit attached hereto is incorporated herein and made a specific part of this
resolution.
SECTION 2: The appropriate City Officials are hereby authorized to execute
the Second Amendment to the Large User Wastewater Agreement between Broward
County and the City of Tamarac forAdditional Wastewater Reserve Capacity (Exhibit 1 ").
SECTION 3: The $1,034,177 credit will be deposited into the appropriate
Utilities wastewater operational accounts.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6:
passage and adoption.
2009.
Temp. Reso. #11631
May 11, 2009 4
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this day of Gig ,
ATTEST:
i
MARION SWENSON, CMC
CI-TY�CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
SAAUEL S. GOREN
G' CITY ATTORNEY
WWI'
A WOJI
__
•
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM BUSHNELL Ale�y
DIST 2: VM ATKINS-GRAD O--Z�
DIST 3: COMM. GLASSER
DIST 4: COMM. DRESSLER
l
1
EXHIBIT "1"
TR #11631
SECOND AMENDMENT
TO
LARGE USER WASTEWATER AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
For
WASTEWATER TRANSMISSION, TREATMENT, AND DISPOSAL
SECOND AMENDMENT
TO
LARGE USER WASTEWATER AGREEMENT
Between
BROWARD COUNTY
And
CITY OF TAMARAC
For
WASTEWATER TRANSMISSION, TREATMENT, AND DISPOSAL
This is a Second Amendment to the May 23, 1989 Agreement (the "Agreement"),
made and entered into by and between BROWARD COUNTY, a political subdivision of
the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY,"
through its Board of County Commissioners, and CITY OF TAMARAC, a municipal
corporation located in Broward County, Florida, and organized and existing under the
laws of the State of Florida, hereinafter referred to as "CUSTOMER," collectively
referred to as "the Parties."
WHEREAS, the Parties entered into the Agreement for CUSTOMER's access to
and use of COUNTY's wastewater transmission, treatment, and disposal services; and
WHEREAS, on March 7, 2000, the Parties entered into a First Amendment to the
Agreement, to revise the CUSTOMER's future flow projections and its Reserve
Capacity; and
WHEREAS, CUSTOMER is a Large User of COUNTY's North Regional
Wastewater System; and
WHEREAS, CUSTOMER has determined it is in need of an additional .46
million gallons per day ("MGD") of wastewater transmission, treatment, and disposal
Reserve Capacity in COUNTY's North Regional Wastewater System; and
WHEREAS, COUNTY has determined it has sufficient excess Reserve Capacity
in its North Regional Wastewater System to provide an additional .46 MGD
transmission, treatment, and disposal Reserve Capacity to CUSTOMER; NOW,
THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, and covenants
contained herein, and other good and valuable consideration, receipt of which is hereby
acknowledged, COUNTY and CUSTOMER agree as follows:
1. Each and every whereas clause set forth above is a true and correct recital and
representation and is incorporated herein as if set forth fully.
2. Article 3, PROVISIONS PERTAINING TO CONNECTION TO THE COUNTY
WASTEWATER TREATMENT SYSTEM, Sections 3.5 and 3.6 of the Agreement are
hereby deleted and replaced with the following:
3.5 CUSTOMER'S FUTURE FLOW PROJECTIONS
CUSTOMER acknowledges that it has reviewed its present needs for wastewater
transmission and treatment service. CUSTOMER agrees that it shall annually
review its future needs for wastewater transmission and treatment service and,
with the advice and counsel of a professional engineer, project its future needs to
the best of its knowledge and ability, in the format provided below. The
projections listed below are CUSTOMERSs future flow projections:
Fiscal Year
Annual
Maximum Month
Maximum Day
Oct. 1 - Sept.
Average Daily Flow
Average Daily Flow
Daily
Flow
30
(MGD)
(MGD)
(MGD)
Trans-
Treat-
Trans-
Treat-
Trans-
Treat -
mission
ment
mission
ment
mission
ment
2009
6.95
6.95
8.50
8.50
12.54
12.54
2010
7.20
7.20
8.70
8.70
12.82
12.82
2011
7.32
7.32
8.76
8.76
12.94
12.94
2012
7.44
7.44
8.82
8.82
13.07
13.07
2013
7.56
7.56
8.88
8.88
13.20
13.20
2015
7.80
7.80
9.00
9.00
13.45
13.45
2020
8.15
8.15
9.44
9.44
13.83
13.83
2025
8.50
8.50
9.84
9.84
14.24
14.24
These projections shall serve as a reasonable estimate of the future needs of
CUSTOMER for the purpose of planning expansion, 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. CUSTOMER agrees to furnish
this projection to UTILITIES DIVISION no later than the first day of June each
year. Said projections are necessary for planning purposes. COUNTY agrees
that it will use the projections as a tool in determining if and when extensions and
modifications to the facilities are required and economically feasible. In
determining when to expand or modify its facilities, COUNTY will consider
Amendment to Large User -2-
recommendations of the individual CUSTOMER and of the District Advisory
Board.
3.6 RESERVE CAPACITY
COUNTY's obligation to furnish service to CUSTOMER under this Agreement
shall be limited to a Reserve Capacity of 8.50 million gallons per day (MGD) for
transmission, treatment, and disposal. The above -stated quantities may be
subject to amendment or to modification and changes therein as provided for in
Article 6. 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.
3. This Second Amendment to the Agreement shall take affect upon execution by
all parties.
4. Except as modified herein, all other terms and conditions of the Agreement, as
amended, shall remain in full force and effect.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Amendment to Large User -3-
IN WITNESS WHEREOF, the parties have made and executed this Second
Amendment to the Agreement on the respective dates under each signature:
BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by
and through its Mayor or Vice -Mayor, authorized to execute same by Board action on
the to day of Kv , 2009, and the City of Tamarac, signing by and
through its Mayor, duly authorized to execute same
r..01 INTY
ATTEST:
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
_
r J
_(;�_
on Administrator and
Mayor
Ex-Officio Clerk of the
Board of County Commissioners
day§oft Y "'�'"" 20
of Broward County, Florida`'
a
'`.ppro\/���.yrd as to form by
'`OFictif the County Attorney
f9r8foward County, Florida
-?�JtFFREY J. NEWTON, County Attorney
W, Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecop'er: (954) 357-6968
By (�
Al X. DiCalvo (Date)'
Assistant County Attorney
Amendment to Large User
-4-
SECOND AMENDMENT TO LARGE USER WASTEWATER AGREEMENT BETWEEN
BROWARD COUNTY AND CITY OF TAMARAC FOR WASTEWATER
TRANSMISSION, TREATMENT, AND DISPOSAL
CUSTOMER
CITY OF TAMARAC
ATTEST:_ By e&W ZaAANZ
j Beth Flansbaum-Talc isco, Mayor
s �
Marion Swenw- ri, CMC
City Clerk day of 20
JeffreK. 4iller, City Manager
day of 20o.
APPROVED AS TO FORM:
By
oren, City Attorney
Amendment to Large User -5-