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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-352Temp. Reso. # 8814, December 7, 1999 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO.. - Q35-J, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE FIRST AMENDMENT TO THE LARGE USER WASTEWATER AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR ADDITIONAL WASTEWATER RESERVE CAPACITY; AMENDING THE UTILITIES CIAC FUND OF ESTIMATED REVENUES AND EXPENDITURES IN THE AMOUNT OF $377,999; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City executed a Large User Agreement with Broward County for Wastewater Treatment and Transmission on November 28, 1988, which was executed by Broward County on May 23, 1989; and WHEREAS, the Large User Agreement provided a reserve capacity of 7.04 million gallons per day (MGD) for wastewater treatment and 7.04 MGD for wastewater transmission; and WHEREAS, as a result of growth within the City, the wastewater flow from the City has steadily increased since the execution of the Large User Agreement; and WHEREAS, additional wastewater treatment and wastewater transmission reserve capacity is required by the City; and Temp. Reso. # 8814, December 7, 1999 2 WHEREAS, the First Amendment to the Large User Wastewater Agreement would increase the Reserve Capacity for Wastewater Treatment and Wastewater Transmission from 7.04 MGD to 8.04 MGD; and WHEREAS, the Large User 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 cost to the City to purchase additional Reserve Capacity from Broward County using the methodology outlined in the Large User Agreement has been determined to be $1,494,565 for wastewater treatment and $433,842 for wastewater transmission, for a total cost minus the existing transmission Reserve Capacity valued at $50,408.44 for a total of $1,877,999; and WHEREAS, the funds to purchase the additional reserve capacity should be the Contributions in Aid of Construction (CIAC) Funds, since the additional reserve capacity is required as a result of the development and growth of the City; and WHEREAS, available funds exist in the Utilities CIAC Fund for said purpose; and Li Temp. Reso. # 8814, December 7, 1999 3 WHEREAS, the Director of Utilities recommends the City execute the First Amendment to the Large User Agreement with Broward County for additional Wastewater Treatment and Wastewater Transmission Reserve Capacity; and 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 First Amendment to the Large User Agreement with Broward County for additional Wastewater Treatment and Wastewater Transmission Reserve Capacity. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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. Section 2: The appropriate City Officials are hereby authorized to execute the First Amendment to the Large User Wastewater Agreement between Broward County and the City of Tamarac for Additional Wastewater Reserve Capacity, attached as Exhibit "1 ". Section 3: The City Commission authorizes the appropriate City Official to amend the Utilities CIAC fund revenue account "Appropriated Retained Earnings" in the amount of $377,999 and appropriate said funds into account entitled "Other Current Charges/Wastewater Reserve Acquisition Charges." Section 4: The appropriate City Officials are hereby authorized to remit to Broward County the amount of $1,877,999 for the cost of the additional Wastewater Treatment and Wastewater Transmission Reserve Capacity, once the Amendment is executed by both parties. Temp. Reso. # 8814, December 7, 1999 4 Section 5: All resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6: 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 in application, it shall not affect the validity of the remaining portion or applications of this Resolution. Section 7: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this day of , 1999 ATTES CAROL GOL MC/AAE CITY CLrzRK I HE BY CERTIFY that I have appfov4dithis Resolution jas _ fTCHELL S.-KF CITY ATTORN Utilities:MW:aml 1 • - -- - ►1_ •; RECORD OF COMMISSION'S MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: MISHKIN DIST 3: COMM. SULTANOF DIST 4: O ROBERTS 1 Tt , F-j • FIRST AMENDMENT TO LARGE USER WASTEWATER AGREEMENT [-Ia1LYAT14=1►J BROWARD COUNTY, FLORIDA I:T:I9] CITY OF TAMARAC, FLORIDA FOR ADDITIONAL WASTEWATER RESERVE CAPACITY Exhibit 1 Temp. Reso. #8814 FIRST AMENDMENT TO LARGE USER WASTEWATER AGREEMENT BETWEEN BROWARD COUNTY, FLORIDA ml1 CITY OF TAMARAC, FLORIDA FOR ADDITIONAL WASTEWATER RESERVE CAPACITY This is the First Amendment to Large User Wastewater Agreement dated May 23, 1989 (the Agreement), between: BROWARD COUNTY, a political subdivision of the state of Florida, its successors and assigns (COUNTY), through its Board of Commissioners, and THE CITY OF TAMARAC, a municipal corporation of the state of Florida, its successors and assigns (CUSTOMER). WHEREAS, CUSTOMER is a Large User of COUNTY's North Regional Wastewater System; and WHEREAS, CUSTOMER has determined that it is in need of an additional one (1) million gallons per day (MGD) of wastewater treatment and wastewater transmission Reserve Capacity in COUNTY's North Regional Wastewater System; and WHEREAS, COUNTY has determined it has sufficient excess Reserve Capacity in the North Regional Wastewater System to provide one (1) MGD wastewater treatment and wastewater transmission Reserve Capacity to CUSTOMER; NOW, THEREFORE, IN CONSIDERATION of the mutual terms and conditions, promises and covenants hereinafter set forth, COUNTY and CUSTOMER agree as follows: Section 1. Sections 3.5 and 3.6 of Article 3 are hereby amended to read as follows: CJ 3.5 CUSTOMER'S FUTURE FLOW PROJECTIONS CUSTOMER agrees that it has reviewed its present needs in December 1999, and shall annually review its future needs for wastewater treatment service 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: Fiscal Year Annual Max. Month Max. Day Treatment Avg. Treatment Avg. Treatment 10/1-9/30 Daily Flow (MGD) Daily Flow (MGD1 Daily Flow (MGD) 1999 7.00 8.40 11.90 2000 7.25 8.70 12.32 2001 7.50 9.00 12.75 2002 7.70 9.24 13.09 2003 7.90 9.48 13.43 2010 8.20 9.84 13.94 Build -out year: 2010 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 (n/k/a the Office of Environmental Services) 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 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 8.04 MGD for wastewater treatment and disposal and 8.04 MGD for wastewater transmission. The above -stated quantities may be subject to amendment or to modification and changes 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 employees from flowing wastewater into COUNTY's transmission and treatment facilities which exceed the amount of Reserve Capacity hereinabove indicated. Section 2. Multiple copies of this Amendment may be executed, each of which bearing original signatures shall be deemed to be an original. Section 3. Except as modified herein, the terms and conditions of the Agreement shall remain in full force and effect and shall be applicable to the additional capacity provided for by this Amendment. Moreover, it is the intent of the parties that the Agreement and this Amendment shall be liberally construed and interpreted in a manner that is consistent with the expressed purposes and intent set forth in such writings. IN WITNESS WHEREOF, the parties have made and executed this First Amendment 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 of the day of , and the CITY OF TAMARAC, FLORIDA, signing by and through its Mayor, duly authorized to execute same. w COUNTY • ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By Chair County Administrator and Ex-Officio Clerk of the Board day of Approved as to form by Office of County Attorney for Broward County EDWARD DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By LARRY E. LYMAS-JOHNSON Deputy County Attorney -3- FIRST AMENDMENT TO LARGE USER WASTEWATER AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FOR ADDITIONAL WASTEWATER RESERVE CAPACITY ATT ST: Carol Gold, M E City Clerk LEL:dp tamarac.a01 #98-297.10 Revised 12/7199 tamaracJmw C7 CUSTOMER CITY OF TAMARAC, a municipal corporation organized and existing under the laws of the State of Florida By: Y Joe Schreiber Mayor Date: / /9 BY- :'�,. 4eftrey-'L Miller City Manager ndwoma approved s to 0 Y• B ! �' Mitchell S. i City Attorney -4-