HomeMy WebLinkAboutCity of Tamarac Resolution R-84-266Introduced by:
Temp. ##3158
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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-