HomeMy WebLinkAboutCity of Tamarac Resolution R-88-1291
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Temp. Reso. #5039
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R--88- /may
A RESOLUTION RESCINDING RESOLUTION R--88-105
WHICH AUTHORIZED EXECUTION OF A SECOND AMEND-
MENT TO LARGE USER WASTEWATER AGREEMENT
BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC
RELATING TO PURCHASE OF WASTEWATER RESERVE
CAPACITY; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE A NEW AND REVISED SECOND
AMENDMENT TO THE LARGE USER WASTEWATER AGREE-
MENT BETWEEN BROWARD COUNTY AND THE CITY OF
TAMARAC RELATING TO PURCHASE OF WASTEWATER
RESERVE CAPACITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council, by the adoption of Resolution
R-88-105, approved a Second Amendment to the Large User
Wastewater Agreement between Broward County and the City of
Tamarac relating to purchase of wastewater reserve capacity;
FM]
WHEREAS, Broward County has revised this Agreement to
provide that all Square ---One Debt Service costs shall be
calculated as of February 1, 1988 and has requested that the
City approve this new and revised Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That Resolution R-88-105, which approved a
Second Amendment to the Large User Wastewater Agreement
between Broward County and the City of Tamarac relating to
purchase of wastewater reserve capacity, is HEREBY RESCINDED.
SECTION�2: That the appropriate City officials are
hereby authorized to execute a newly revised 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 the newly revised Large User
Wastewater Agreement is attached hereto as Exhibit "A".
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Temp. Reso. #5039
SECTION 3: This Resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED this day of
1988.
N MAN ABRAMOWITZ r�
�+R�4MAYOR
ATTEST:
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved this Resolution as to form.
-�'L __ ___
RICHA_
RD4DOODY~`���"Y
CITY ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWITZ
DISTRICT 1: C/M ROHR
DISTRICT 2: _ VIM STELZER Gr
DISTRICT 3: G/M HOFFMAN `—
DISTRICT 4: C/M BENDER
2
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SECOND AMENDMENT TO
LARGE USER WASTEWATER AGREEMENT
Between
BROWARD COUNTY
and
CITY OF TAMARAC
RELATING TO
i1 P,ffs,- %,-?, 9 ff
URCHASE OF WASTEWATER RESERVE CAPACITY
SECOND AMENDMENT TO
LARGE,.USER WASTEWATER AGREEMENT
Between
ROWARD COUNTY
and
CITY OF TAMARAC
RELATING TO
PURCHASE OF WASTEWATER RESERVE CAPACITY
THIS IS THE SECOND AMENDMENT TO LARGE USER WASTE-
WATER AGREEMENT between: BROWARD COUNTY, a political sub-
division 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") .
W I T N E S S E T H:
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
treatment 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. CUSTOMER to pay to COUNTY all square -one debt service costs
associated with the sale of 0.9 MGD treatment reserve capacity and
2.9 MGD transmission reserve capacity in COUNTY'S North Regional
Wastewater System calculated as of February 1, 1988.
• 3. 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 OFGALLONS
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
CJ
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 CUSTOM-
ER 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-
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 COM-
MISSIONERS, 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 -Commissioner,
duly authorized to execute same.
ATTEST:
County Administrator and Ex--
Officio Clerk of the Board of
County Commissioners of
Broward County, Florida
0
0
COUNTY
-3-
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
L0
SYLVIA POITIER, Chair
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
:m
SHARON L. CRUZ
Assistant General Counsel
v
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
CAAoG E. efiiq3v7o
(CORPORATE SEAL)
0
SLC:bjw
Tamarac. A01
5/2/88
#86-203
•
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CITV
CITY OF TAMARAC
r
By A•w
+1Mvy r NoeM.4N ,4/3RAMvwi7r
i�
day of 19
ty Manager
Z day of 19-Eg.
APPROVED AS TO FORM:
Bywl
City Attorney
IQIGHA�F17 DoaDy
CITY OF TAMARAC
APPROVED AT MEETING OF �$