HomeMy WebLinkAboutCity of Tamarac Resolution R-84-406Introduced by {�'/ Temp. Reso. #� 8
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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-
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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-