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
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►1_ •;
RECORD OF COMMISSION'S
MAYOR SCHREIBER
DIST 1:
COMM. PORTNER
DIST 2:
MISHKIN
DIST 3:
COMM. SULTANOF
DIST 4:
O ROBERTS 1
Tt ,
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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
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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
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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
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B ! �'
Mitchell S. i
City Attorney
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