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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-