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HomeMy WebLinkAboutCity of Tamarac Resolution R-84-266Introduced by: Temp. ##3158 1 q it C 1 2 3 4 51 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 i 33 34 CITY OF TAMARAC, FLORIDA RESOLUTION NO: - ,a�wl A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC APPROVING THE RELEASE AND ASSIGNMENT OF A .94 m.g.d. OF WASTEWATER EXCESS CAPACITY TO THE NORTH SPRINGS IMPROVEMENT DISTRICT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac has been approved by various regulatory agencies for disposal of its wastewater by spray irrigation, and 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, FLORDIA: SECTION 1: That the City Council of the City of Tamarac agrees to release and assign .94 m.g.d. of Tamarac's excess capacity in the Broward County North Regional Plant to the North Springs Improvement District. + SECTION 2: The appropriate officials of the City of Tamarac are authorized to execute the agreement on behalf of the City. SECTION 3: This Resolution shall became effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of 1984. ASSISTANT CITY CLERK I HEREBY CERTIFY that I have rect- RECORD OF COUNCIL VOTE MAYOR: KRAVITZ p DISTRICT 4: V/M STEIN, DISTRICT S: ON STELZER DISTRICT 2: C M MUNITZ DISTRICT 1: C/M DUNNE 001 t1 ?0,0. 5�-A � It RELEASE AND ASSIGNMENT OF WASTEWATER CAPACITY This release and assignment of wastewater capacity is entered into this /cZ day of April, 1984 between the CITY OF TAMARAC, a Florida municipal corporation, and NORTH SPRINGS IMPROVEMENT DISTRICT, a Florida special improvement district under Chapter 71-580 Laws of Florida, hereinafter referred to as North 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 incor- porated 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, contemplatd 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 Springs any rights which it may have to said .94 m.g.d. of capa- -city, which rights North 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 North Springs hereby agree as follows: 1. Tamarac hereby quitclaims, releases, transfers, assigns and sets over to North Springs its rights, if any, to .94 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 Springs agrees that it shall within thirty days of the approval of this assignment by the County pay to the County to the account of Tamarac such debt charges for said .94 m.g.d. of unused capacity as the County avers are owed by Tamarac to the County for said .94 m.g.d. under said agreement in the amount of $163,661.26 as of May 1, 1984, and pay to Tamarac such debts charges as it has already paid to the County for said .94 m.g.d., or $11,748.75. 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 .94 m.g.d. accruing after June 1, 1984. County. 3. This agreement is subject to the approval of Broward 4. After the approval by the County, North Springs shall perform the obligations of a large user (Cun,tomer) under said agreement as to its .94 m.g.d. The parties contemplate, however, that North Springs and the County will enter into a separate large user wastewater agreement because various provi- .;ions 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 Springs. IN WITNESS WHEREOF, the parties have caused this assign- ment to be executed of April, 1984. by their appropriate officers this AZ day Attest: Clerk Attest: 1 CITY OF TAMARAC i NORTH SPRINGS IMPROVEMENT DISTRICT By: -3-