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HomeMy WebLinkAboutCity of Tamarac Resolution R-84-406Introduced by {�'/ Temp. Reso. #� 8 1 2 3 4 5 6 7 8, 91 10 11 12 13 14 15 16 17 18 19 PION 21 22 23 I 24 25 26 27 28 29 30 32 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO: y- 4(� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC APPROVING THE RELEASE AND ASSIGNMENT OF EXCESS WASTEWATER CAPACITY TO THE FOLLOWING LARGE USERS; CORAL SPRINGS, NORTH LAUDERDALE, DEERFIELD BEACH, BROADVIEW AND BROWARD COUNTY; AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID ASSIGNMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac has an excess of 4.3 m.g.d. waste- water capacity at the Broward County North Regional Plant pursuant to a Large User Agreement dated March 7, 1978; and WHEREAS, the North Springs Improvement District has requested an assignment of .94 m.g.d. of Tamarac's excess capacity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the City Council of the City of Tamarac agrees to release and assign a portion of its excess capacity in the Broward County Regional Plant to: Coral Springs North Lauderdale Deerfield Beach Broadview Broward County SECTION 2: That the appropriate officials of the City of Tamarac are authorized to execute the Agreements (copies of which are attached hereto) on behalf of the City. SECTION 3: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this . �n2 day of I HEREBY CERTIFY that I have approved the form and correct- ne of this RESPLUTION. CITY A RNEY RECORD OF COUNCIL VOTE MAYOR: KRAVITZ y� DISTRICT4: V/M STEINS _%_ DISTRICT3: C/M STELZER DISTRICT2: C/M MUNITZ DISTRICTI: C/M BERNSTEIN =� 00 5o - 40L RELEASE AND ASSIGNMENT OF WASTEWATER CAPACITY This release and assignment of wastewater capacity is entered into this /o��day of December, 1984 between the CITY OF TAMARAC, a Florida municipal -corporation, and the CITY OF CORAL SPRINGS, a Florida special municipal corporation, hereinafter referred to as Coral Springs. WHEREAS, the City of Tamarac as assignee of and suc- cessor in interest to Tamarac Utilities, Inc., holds a large user wastewater agreement between Broward County (County) and Tamarac Utilities, Inc., dated March 7, 1978, which by reference is incorporated herein; WHEREAS, the large user agreement contains references to a reservation of 6.8 m.g.d. (million gallons per.day) of wastewater capacity in the Broward County North Regional �. Treatment Plant and Disposal Facilities by the City of Tamarac, hereinafter referred to as "Tamarac", and the County has main- tained that Tamarac must pay capital charges on the entire 6.8 m.g.d. of capacity; WHEREAS, Tamarac considers the large user agreement invalid as to 4.3 m.g.d., that is, as to all capacity in excess of 2.5 m.g.d. in that the County never constructed the western interceptor, contemplated by the agreement and necessary for the transmission of more than 2.5 m.g.d. of effluent from Tamarac; WHEREAS, the use of the said 4.3 m.g.d. of capacity in controversy by other large users would greatly reduce or settle and render moot the controversy between Tamarac and the County and further Tamarac does not require more than 2.41 m.g.d. thereby permitting 4.39 m.g.d. to be used by other large users; WHEREAS, Tamarac wishes to release and assign to Coral Springs any rights which it may have to 1.2 m.g.d. of capacity, which rights Coral Springs wishes to acquire; WHEREAS, said assignment is subject to the formal appro- val of Broward County, which has already evidenced its approval of the concept of the use of said capacity by other large users; NOW THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, Tamarac and Coral Springs hereby agree as follows: 1. Tamarac hereby quitclaims, releases, transfers, assigns and sets over to Coral Springs its rights, if any, to 1.2 m.g.d. of wastewater treatment capacity in the Broward County North Regional Treatment Plant and Disposal Facilities under the large user wastewater agreement between County and Tamarac Utilities, Inc., dated March 7, 1978. 2. Coral Springs agrees that it shall within thirty days of the approval of this assignment by the County pay the County to the account of Tamarac such debt charges for said 1.2 m.g.d. of unused capacity as the County avers arq owed by Tamarac to the County for said 1.2 m.g.d. under said agreement in the amount of $260,474.28 as of December 31, 1984, and pay to Tamarac such debts charges as it has already paid to the County for said 1.2 m.g.d. or $14,998.10. Said charges shall include no charges for operation and maintenance. (Said computations are based upon the multiplication.of charges for 6.8 m.g.d. by .00147058 to yield the charge for .01 m.g.d.) The said payment to Broward County shall be increased by the County's billing for 1.2 m.g.d. accruing after January 1, 1985. 3. This agreement is subject to the approval of Broward County. 4. After the approval by the County, Coral Springs shall perform the obligations of a large user (Customer) under said agreement as to its 1.2 m.g.d. The parties contemplate, however, that Coral Springs and the County will enter into a separate large user wastewater agreement because various provisions in the Tamarac agreement, including but not limited to those pertaining to connections, lay -out, land transfer and flow projections, would not apply to Coral Springs. -2- Page 3 of Release and Assignment of Wastewater Capacity. IN WITNESS WHEREOF, the parties have caused this assign- ment to be executed by their appropriate officers this day of December, 1984. CITY OF TAMARAC Attest: BY: � � Clerk MayojV CITY OF CORAL SPRINGS Attest BY: Clerk Mayor -3- { 4 �,4DL r RELEASE AND ASSIGNMENT OF WASTEWATER CAPACITY This release and assignment of wastewater capacity is entered into this /o2-�aday of December, 1984 between the CITY OF TAMARAC, a Florida municipal corporation, and the CITY OF NORTH LAUDERDALE, a Florida municipal corporation, hereinafter referred to as North Lauderdale. WHEREAS, the City of Tamarac as assignee of and suc- cessor in interest to Tamarac Utilities, Inc., holds a large user wastewater agreement between Broward County (County) and Tamarac Utilities, Inc., dated March 7, 1978, which by reference is incorporated herein; WHEREAS, the large user agreement contains references to a reservation of 6.8 m.g.d. (million gallons per day) of wastewater capacity in the Broward County North Regional Treatment Plant and Disposal Facilities by the City of Tamarac, hereinafter referred to as "Tamarac", and the County has main- tained that Tamarac must pay capital charges on the entire 6.8 m.g.d. of capacity; WHEREAS, Tamarac considers the large user agreement invalid as to 4.3 m.g.d., that is, as to all capacity in excess of 2.5 m.g.d. in that the County never constructed the western interceptor, contemplated by the agreement and necessary for the transmission of more than 2.5 m.g.d. of effluent from Tamarac; WHEREAS, the use of the said 4.3 m.g.d. of capacity in controversy by other large users would greatly reduce or settle and render moot the controversy between Tamarac and the County and further Tamarac does not require more than 2.41 m.g.d. thereby permitting 4.39 m.g.d. to be used by other large users; WHEREAS, Tamarac wishes to release and assign to North Lauderdale any rights which it may have to .45 m.g.d. of capacity, which rights North Lauderdale wishes to acquire; WHEREAS, said assignment is subject to the formal appro- val of Broward County, which has already evidenced its approval of the concept of the use of said capacity by other large users; NOW THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, Tamarac and North Lauderdale hereby agree as follows: 1. Tamarac hereby quitclaims, releases, transfers, assigns and sets over to North Lauderdale its rights, if any, to .45 m.g.d. of wastewater treatment capacity in the Broward County North Regional Treatment Plant and Disposal Facilities under the large user wastewater agreement between County and Tamarac Utilities, Inc., dated March 7, 1978. 2. North Lauderdale agrees that it shall within thirty days of the approval of this assignment by the County pay the County to the account of Tamarac such debt charges for said .45 m.g.d. of unused capacity as the County avers are owed by Tamarac to the County for said .45 m.g.d. under said agreement in the amount of $97,677.86 as of December 31, 1984, and pay to Tamarac such debts charges as it has already paid to the County for said .45 m.g.d. or $5,624.37. Said charges shall include no charges • for operation and maintenance. (Said computations are based upon the multiplication of charges for 6.8 m.g.d. by .00147058 to yield the charge for .01 m.g.d.) The said payment to Broward County shall be increased by the County's billing for .45 m.g.d. accruing after January 1, 1985. 3. This agreement is subject to the approval of Broward County. 4. After the approval by the County, North Lauderdale shall perform the obligations of a large user (Customer) under said agreement as to its .45 m.g.d. The parties contemplate, however, that North Lauderdale and the County will enter into a separate large user wastewater agreement because various provisions in the Tamarac agreement, including but not limited to those pertaining to connections, lay -out, land transfer and flow projections, would not apply to North Lauderdale. -2- Page 3 of Release and Assignment of Wastewater Capacity. IN WITNESS WHEREOF, the parties have caused this assign- ment to be executed by their appropriate officers thisday of December, 1984. CITY OF TAMARAC Attest: CITY OF NORTH LAUDERDALE Attest: BY: Clerk Mayor -3- RELEASE AND ASSIGNMENT OF WASTEWATER CAPACITY This release and assignment of wastewater capacity is entered into this_Z,2�day of December, 1984 between the CITY OF TAMARAC, a Florida municipal corporation, and the CITY OF DEERFIELD BEACH, a Florida municipal corporation, hereinafter referred to as Deerfield Beach. WHEREAS, the City of Tamarac as assignee of and suc- cessor in interest to Tamarac Utilities, Inc., holds a large user wastewater agreement between Broward County (County) and Tamarac Utilities, Inc., dated March 7, 1978, which by reference is incorporated herein; WHEREAS, the large user agreement contains references to a reservation of 6.8 m.g.d. (million gallons per.day) of wastewater capacity in the Broward County North Regional Treatment Plant and Disposal Facilities by the City of Tamarac, hereinafter referred to as "Tamarac", and the County has main- tained that Tamarac must pay capital charges on the entire 6.8 m.g.d. of capacity; WHEREAS, Tamarac considers the large user agreement invalid as to 4.3 m.g.d., that is, as to all capacity in excess of 2.5 m.g.d. in that the County never constructed the western interceptor, contemplated by the agreement and necessary for the transmission of more than 2.5 m.g.d. of effluent from Tamarac; WHEREAS, the use of the said 4.3 m.g.d. of capacity in controversy by other large users would greatly reduce or settle and render moot the controversy between Tamarac and the County and further Tamarac does not require more than 2.41 m.g.d. thereby permitting 4.39 m.g.d. to be used by other large users; WHEREAS, Tamarac wishes to release and assign to Deerfield Beach any rights which it may have to .30 m.g.d. of capacity, which rights Deerfield Beach wishes to acquire; WHEREAS, said assignment is subject to the formal appro val of Broward County, which has already evidenced its approval of the concept of the use of said capacity by other large users; NOW THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, Tamarac and Deerfield Beach hereby agree as follows: 1. Tamarac hereby quitclaims, releases, transfers, assigns and sets over to Deerfield Beach its rights, if any, to .30 m.g.d. of wastewater treatment capacity in the Broward County North Regional Treatment Plant and Disposal Facilities under the large user wastewater agreement between County and Tamarac Utilities, Inc., dated March 7, 1978. 2. Deerfield Beach agrees that it shall within thirty days of the approval of this assignment by the County pay the County to the account of Tamarac such debt charges for said .30 m.g.d. of unused capacity as the County avers are owed by Tamarac to the County for said .30 m.g.d. under said agreement in the ,..� amount of $65,118.57 as of December 31, 1984, and pay to Tamarac such debts charges as it has already paid to the County for said .30 m.g.d. or $3,749.58. Said charges shall include no charges for operation and maintenance. (Said computations are based upon the multiplication of charges for 6.8 m.g.d. by .00147058 to yield the charge for .01 m.g.d.) The said payment to Broward County shall be increased by the County's billing for .30 m.g.d. accruing after January 1, 1985. 3. This agreement is subject to the approval of Broward County. 4. After the approval by the County, Deerfield Beach shall perform the obligations of a large user (Customer) under said agreement as to its .30 m.g.d. The parties contemplate, however, that Deerfield Beach and the County will enter into a separate large Y t user wastewater agreement because various provisions in the Tamarac agreement, including but not limited to those pertaining to connections, lay -out, land transfer and flow projections, would not apply to Deerfield Beach. -2- Page 3 of Release and Assignment of Wastewater Capacity. IN WITNESS WHEREOF, the parties have caused this assign- ment to be executed by their appropriate officers this�day of December, 1984. CITY OF TAMARAC Attest: BY: Clerk May r CITY OF DEERFIELD BEACH Attest: BY: Clerk Mayor -3- RELEASE AND ASSIGNMENT OF WASTEWATER CAPACITY This release and assignment of wastewater capacity is entered into this day of Apr✓it, 1984 between the CITY OF TAMARAC, a Florida municipal corporation, and BROADVIEW UTILITIES CORPORATION, a Florida corporation, hereinafter referred to as Broadview. WHEREAS, the City of Tamarac as assignee of and suc- cessor in interest to Tamarac Utilities, Inc., holds a large user wastewater agreement between Broward County (County) and Tamarac Utilities, Inc., dated March 7, 1978, which by reference is incorporated herein; WHEREAS, the large user agreement contains references to a reservation of 6.8 m.g.d. (million gallons per day) of wastewater capacity in the Broward County North Regional O Treatment Plant and Disposal Facilities by the City of Tamarac, hereinafter referred to as "TamaracO, and the County has main- tained that Tamarac must pay capital charges on the entire 6.8 m.g.d. of capacity; WHEREAS, Tamarac considers the large user agreement invalid as to 4.3 m.g.d., that is, as to all capacity in excess of 2.5 m.g.d. in that the County never constructed the western interceptor, contemplated by the agreement and necessary for the transmission of more than 2.5 m.g.d. of effluent from Tamarac WHEREAS, the use of the said 4.3 m.g.d. of capacity in controversy by other large users would greatly reduce or settle and render moot the controversy between Tamarac and the County and further Tamarac does not require more than 2.41 m.g.d. thereby permitting 4.39 m.g.d. to be used by other large users; WHEREAS, Tamarac wishes to release and assign to Broadview any rights which it may have to .10 m.g.d. of capacity, which rights Broadview wishes to acquire; WHEREAS, said assignment is subject to the formal appro- val of Broward County, which has already evidenced its approval of the concept of the use of said capacity by other large users; NOW THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set �., forth, Tamarac and Broadview hereby agree as follows: 1. Tamarac hereby quitclaims, releases, transfers, assigns and sets over to Broadview its rights, if any, to .10 m.g.d. of wastewater treatment capacity in the Broward County North Regional Treatment Plant and Disposal Facilities under the large user wastewater agreement between County and Tamarac Utilities, Inc., dated March 7, 1978. 2. Broadview agrees that it shall within thirty days of the approval of this assignment by the County pay the County to the account of Tamarac such debt charges for said .10 m.g.d. of unused capacity as the County avers are owed by Tamarac to the County for said .10 m.g.d. under said agreement in the amount of As` $21,706.19 as of December 31, 1984, and pay to Tamarac such debts charges as it has already paid to the County for said .10 m.g.d. or $1,249.86. Said charges shall include no charges for opera- tion and maintenance. (Said computations are based upon the multiplication of charges for 6.8 m.g.d. by .00147058 to yield the charge for .01 m.g.d.) The said payment to Broward County shall be increased by the County's billing for .10 m.g.d. accruing after January 1, 1985. County. 3. This agreement is subject to the approval of Broward 4. After the approval by the County, Broadview shall perform the obligations of a large user (Customer) under said agreement as to its .10 m.g.d. The parties contemplate, however, that Broadview and the County will enter into a separate large user wastewater agreement because various provisions in the Tamarac agreement, including but not limited to those pertaining to connections, lay -out, land transfer and flow projections, would not apply to Broadview. -2- Page 3 of Release and Assignment of Wastewater Capacity. IN WITNESS WHEREOF, the parties have caused this assign- ment to be executed by their appropriate officers thisZ� day of 1pr 1, 1984. CITY OF TAMARAC Attest: BY /,/�/1 r 7 BROADVIEW UTILITIES, CORPORATION Attest: Secretary BY: President -3- RELEASE AND ASSIGNMENT OF WASTEWATER CAPACITY This release and assignment of wastewater capacity is entered into this /,--"--7day of December, 1984 between the CITY OF TAMARAC, a Florida municipal corporation, and BROWARD COUNTY, a political subdivision of the State of Florida. WHEREAS, the City of Tamarac as assignee of and suc- cessor in interest to Tamarac Utilities, Inc., holds a large user wastewater agreement between Broward County (County) and Tamarac Utilities, Inc., dated March 7, 1978, which by reference is incorporated herein; WHEREAS, the large user agreement contains references to a reservation of 6.8 m.g.d. (million gallons per day) of wastewater capacity in the Broward County North Regional Treatment Plant and Disposal Facilities by the City of Tamarac, hereinafter referred to as "Tamarac", and the Broward County has main- tained that Tamarac must pay capital charges on the entire 6.8 m.g.d. of capacity; WHEREAS, Tamarac considers the large user agreement invalid as to 4.3 m.g.d., that is, as to all capacity in excess of 2.5 m.g.d. in that Broward County never constructed the western interceptor, contemplated by the agreement and necessary for the transmission of more than 2.5 m.g.d. of effluent from Tamarac; WHEREAS, the use of the said 4.3 m.g.d. of capacity in controversy by Broward County and other large users would greatly reduce or settle and render moot the controversy between Tamarac and the Broward County, and further Tamarac does not require more than 2.41 m.g.d. thereby permitting 4.39 m.g.d. to be used by other large users; WHEREAS, Tamarac wishes to release and assign to Broward County any rights which it may have to 1.40 m.g.d. of capacity, which rights Broward County wishes to acquire; NOW THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, Tamarac and Broward County hereby agree as follows: 1. Tamarac hereby quitclaims, releases, transfers, assigns and sets over to Broward County its rights, if any, to 1.40 m.g.d. of wastewater treatment capacity in the Broward County North Regional Treatment Plant and Disposal Facilities under the large user wastewater agreement between County and Tamarac Utilities, Inc., dated March 7, 1978. 2. Broward County agrees that it shall within thirty days of its acceptance of this assignment credit to the account of Tamarac such debt charges for said 1.40 m.g.d. of unused capa- city as the it avers are owed by Tamarac for said 1.4 m.g.d. under said agreement in the amount of $303,895.06 as of December 31, 1984. (Said computations are based upon the multiplication of charges for 6.8 m.g.d. by .00147058 to yield the charge for .01 m.g.d.) The said credit to Tamarac shall be Ok increased by the Broward County's billing for 1.4 m.g.d. accruing after January 1, 1985. IN WITNESS WHEREOF, the parties have caused this assign- ment to be executed by their appropriate officers this_Z,2;?--1'( day of December, 1984. Attest: Attest: CITY OF TAMARAC oe BY: Mayorjv BROWARD COUNTY BY: -2-