HomeMy WebLinkAboutCity of Tamarac Resolution R-81-234Introduced by: Temp. # 2072
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO.
A RESOLUTION APPROVING EXECUTION OF A LARGE USER WASTEWATER
AGREEMENT WITH THE CITY OF FORT LAUDERDALE FOR TAMARAC UTILITY
FACILITIES EAST OF STATE ROAD 7.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the Large User Wastewater Agreement with the City of
Fort Lauderdale for Tamarac Utility Facilities East of State Road 7
is hereby approved for execution by the appropriate City Officials.
PASSED, ADOPTED AND APPROVED this' day of 1 1981.
Attest;
Carol Evans, Ass't City Clerk
I hereby Certify that I
have approved the form
and correctness of this
REsolution.
Arthur Birken, City Attorney
MAYOR:
DISTRICT
DISTRICT
DISTRICT
DISTRICT
Mayor Wal ter W. al ck--
RECORD OF COUNCIL VOTE
r
LARGE USER
WASTEWATER
A G R E E M E N T
Between
CITY OF FORT LAUDERDALE
and
CITY OF TAMARAC
-2
06
of
LARGE USER
WASTEWATER
A G R E E M E N T
Between
CITY OF FORT LAUDERDALE
and
CITY OF TAMARAC
THIS AGREEMENT, made and entered into this the
, 19_, by and between:
CITY OF FORT LAUDERDALE, a Municipality of
the State of Florida, hereinafter referred
to as "CITY," which term shall include its
successors and assigns,
and
CITY OF TAMARAC, a Municipality of the State
of Florida, hereinafter referred to as
"CUSTOMER," which term shall include its
successors and assigns.
WITNESSETH:
day
That for and in consideration of the mutual terms and condi-
tions, promises, covenants and payments hereinafter set forth, CITY
and CUSTOMER hereby agree as follows:
A QT T r T.F. 1
PRF.AMRT.F.
In order to establish the background, context and frame of
reference for this Agreement and to generally express the objectives
and intentions of the respective parties herein, the following state-
ments, representations and explanations shall be accepted as predi-
cates for the undertakings and commitments included within the provi-
sions which follow and may be relied upon by the parties as essential
elements of the mutual considerations upon which this Agreement is
based.
1.1 PL 92-500 establishes the enforcement mechanism for achieving
water quality standards which are applicable to all municipal
and industrial wastewater discharges. This law also sets forth
the conditions under which Federal assistance may be obtained
for the construction of wastewater transmission and treatment
facilities.
1.2 The Broward County Wastewater Facilities Plan, developed in
March 1978 in accordance with PL 92-500, recommends that the
County be divided into three wastewater regions:
- North Region
- Central Region
- South Region
Under this plan, the City of Fort Lauderdale will be the lead
agency in the Central Wastewater Region. The plan proposes
also that the Region include the Cities of Fort Lauderdale,
Oakland Park, Wilton Manors, a portion of Tamarac, the Port
01.30E - 2 -
Everglades Authority and the Palmdale service area for the
purpose of wastewater collection and treatment. This service
area is not limited and may be expanded to include Hacienda
Village and/or other contiguous areas.
1.3 The City of Fort Lauderdale, as the lead agency, will become
both a regional and a local collection and treatment utility.
The designated municipalities within the Central Region will
continue to own and operate their wastewater collection sys-
tems, consisting of gravity sewers, lift stations and force
mains. Regional facilities to be owned and operated by the
City of Fort Lauderdale will intercept from point of connec-
tion, pump, transport and treat wastewater within the Central
Region.
1.4 CITY will own and operate a regional wastewater transmission,
treatment and disposal facilities serving CUSTOMER.
1.5 CITY has or will attempt to obtain sufficient wastewater treat-
ment capacity, when requested, to furnish wastewater transmis-
sion, treatment and disposal requirements of CUSTOMER. Addi-
tional capacity will be dictated by early notice and economical
considerations following good planning practices.
1.6 CITY will make every effort to have sufficient wastewater
treatment capacity to furnish the projected wastewater trans-
mission, treatment and disposal needs of CUSTOMER during the
entire term of this Agreement, based upon the projected waste-
water treatment flow schedule as provided by CUSTOMER.
1.7 CUSTOMER agrees to purchase wastewater transmission, treatment
and disposal services from CITY in accordance with the terms
set forth in this Agreement.
ARTICLE 2
DEFINITIONS
Unless the context specifically indicates otherwise, the
following words and phrases used in this Agreement shall have the
following meanings:
2.1 Words and terms related to water and wastewater shall have the
definitions listed in Section 37-1, "Definitions," of Chapter
37 of the Code of Ordinances of the City of Fort Lauderdale,
except as indicated in this Agreement.
2.2 "CITY TREATMENT FACILITIES"
This term shall mean those facilities owned or operated, or
both, by CITY for the purpose of wastewater treatment and dis-
posal within the Central Wastewater Region as shown on Appendix
"B" attached hereto, including such future additions and exten-
sions to these facilities as may be made from time to time.
2.3 "CITY TRANSMISSION FACILITIES"
This term shall mean those facilities owned or operated by CITY
within the Central Wastewater Region as shown on Appendix "B"
attached hereto, including present and future master pumping
stations and force mains, that are now or will be used for the
purpose of transmitting wastewater to CITY Treatment Facilities.
0130E - 3 -
2.4 "CUSTOMER'S SYSTEM"
This term shall mean the CUSTOMER'S wastewater system including
gravity sewers, manholes, laterals, lift stations, pumping
stations, force mains and appurtenances thereto upstream of the
POINT OF CONNECTION to the CITY system.
2.5 "POINT OF CONNECTION"
This term shall mean the point where the CUSTOMER'S system
connects to the CITY system for the purpose of delivering
wastewater into the CITY system from the CUSTOMER'S system;
said POINT OF CONNECTION is set forth in Article 3.1 hereof.
2.6 "CUSTOMER," "CONSUMER" OR "LARGE USER"
Any municipality, special district, or other entity including
the City which operates wastewater collection and transmission
facilities which connect into the CITY wastewater transmission,
treatment and disposal facilities. This term applies to this
Agreement only. A description of the CUSTOMER'S service area
is contained in Appendix "p", attached hereto.
2.7 "DOMESTIC WASTEWATER"
This term shall mean wastewater derived principally as a result
of personal hygiene and sanitary use from dwellings, business
buildings, institutions and the like.
2.8 "INDUSTRIAL WASTES"
This term shall mean any liquid, solid or gaseous substance or
form of energy, or combination thereof, resulting from any
process of industrial, commercial, governmental and institu-
tional concerns, manufacturing, business, trade, or research,
including the development, recovery, or processing of natural
resources, or from sources identified in the Standard Indus-
trial Classification Manual of the U.S. Office in Management
and Budget as amended.
2.9 "REGIONAL ADVISORY BOARD"
This term shall mean the Board that is established and composed
of representatives of large users receiving wastewater trans-
mission, treatment and disposal services from CITY, and whose
function it is to serve in an advisory capacity to the CITY
Commission regarding rates, modification to the facilities, and
to perform other duties and functions as provided in the ordi-
nance establishing said Board.
The Board shall be composed of at least one (1) representa-
tive from each large user as defined herein, with a projected
average wastewater flow of one (1) to five (5) MGD, with one
(1) representative for each five (5) MDG increment in excess of
five (5) MGD.
The CITY'S Utilities Director shall be chairman of the
Board. Other large users with less than one (1) MGD may attend meet-
ings, but do not have voting rights.
.10 "MASTER PUMP STATION"
A pump station used in repumping wastewater within the regional
system not to include pump stations upstream of wastewater flow
metering devices located between the regional system and the
customer's system or pumping stations used by the CITY for
pumping CITY wastewater generated exclusively within the CITY.
0130E - 4 -
2.4 "CUSTOMER'S SYSTEM"
This term shall mean the CUSTOMER'S wastewater system including
gravity sewers, manholes, laterals, lift stations, pumping
stations, force mains and appurtenances thereto upstream of the
POINT OF CONNECTION to the CITY system.
2.5 "POINT OF CONNECTION"
This term shall mean the point where the CUSTOMER'S system
connects to the CITY system for the purpose of delivering
wastewater into the CITY system from the CUSTOMER'S system;
said POINT OF CONNECTION is set forth in Article 3.1 hereof.
2.6 "CUSTOMER" "CONSUMER" OR "LARGE USER"
Any municipality, special district, or other entity including
the City which operates wastewater collection and transmission
facilities which connect into the CITY wastewater transmission,
treatment and disposal facilities. This term applies to this
Agreement only. A description of the CUSTOMER'S service area
is contained in Appendix "D", attached hereto.
2.7 "DOMESTIC WASTEWATER"
This term shall mean wastewater derived principally as a result
of personal hygiene and sanitary use from dwellings, business
buildings, institutions and the like.
2.8 "INDUSTRIAL WASTES"
This term shall mean any liquid, solid or gaseous substance or
form of energy, or combination thereof, resulting from any
process of industrial, commercial, governmental and institu-
tional concerns, manufacturing, business, trade, or research,
including the development, recovery, or processing of natural
resources, or from sources identified in the Standard Indus --
trial Classification Manual of the U.S. Office in Management
and Budget as amended.
2.9 "REGIONAL ADVISORY BOARD"
This term shall mean the Board that is established and composed
of representatives of large users receiving wastewater trans-
mission, treatment and disposal services from CITY, and whose
function it is to serve in an advisory capacity to the CITY
Commission regarding rates, modification to the facilities, and
to perform other duties and functions as provided in the ordi-
nance establishing said Board.
The Board shall be composed of at least one (1) representa-
tive from each large user as defined herein, with a projected
average wastewater flow of one (1) to five (5) MGD, with one
(1) representative for each five (5) MDG increment in excess of
five (5) MGD.
The CITY'S Utilities Director shall be chairman of the
Board. Other large users with less than one (1) MGD may attend meet-
ings, but do not have voting rights.
.10 "MASTER PUMP STATION"
A pump station used in repumping wastewater within the regional
system not to include pump stations upstream of wastewater flow
metering devices located between the regional system and the
customer's system or pumping stations used by the CITY for
pumping CITY wastewater generated exclusively within the CITY.
0130E - 4 -
ARTT rT.F. I
PROVISIONS PERTAINING TO CONNECTION
TO THE CITY WASTEWATER TREATMENT SYSTEM
3.1 POINT OF CONNECTION
The POINT OF CONNECTION shall be as depicted in Appendix C.
.2 TRANSFER OF LAND AT POINT OF CONNECTION
CITY may locate the POINT OF CONNECTION and meter location and
necessary transmission facilities on property now being used by
CUSTOMER for wastewater transmission or treatment facil-
ities. CUSTOMER will convey at no cost to CITY either the fee
simple title or appropriate easement to the property needed by
CITY for the POINT OF CONNECTION, meter location, pump sta-
Itions, transmission facilities, and such interest in property
as is necessary to provide ingress or egress to CITY to said
POINT OF CONNECTION, meter location, pump stations and trans-
mission facilities. Such property shall be of sufficient
magnitude to allow for future projected expansion and shall be
free and clear of any encumbrances and sufficient to allow
access of maintenance vehicles.
3.3 MAINTENANCE OF CUSTOMER'S FACILITIES
CUSTOMER agrees to construct where necessary, and to operate
and properly maintain at its own cost and expense, all sani-
tary gravity sewers, lift stations, pumping stations, force
mains and other required appurtenances related and directly
attributable to the wastewater collection system upstream of
the POINT OF CONNECTION that are necessary to properly and
continuously collect and convey sanitary wastewater to the
POINT OF CONNECTION to the CITY system at such elevation,
pressure and flow rates as described in Article 3.5 herein.
3.4 CUSTOMER'S FUTURE FLOW PROJECTIONS
CUSTOMER agrees that it has reviewed its present needs for
wastewater transmission and wattrwater treatment service 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
FISCAL IN MILLIONS OF GALLONS PER DAY PROJECTED MAXIMUM FLOW
YEAR Transmission Treatment Monthly Dail
1980
1981 0.165 0.165 0.180 0.20
1982 Is of of it
1983 It of If of
1984 " " is It
1985 n n if if
1990 IS n
1995 n "
2000
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 CITY
facilities and shall be so used by CITY in determining plant
capacity requirements attributable to CUSTOMER in CITY trans-
mission, treatment and disposal facilities. CITY'S obligation
to furnish service to CUSTOMER under this Agreement
0130E - 5 --
shall be limited to the above -stated quantities, or to modifi-
cation or changes therein as provided for in Article 6 of this
Agreement. City 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 CUS-
TOMER or its officers, agents or employees from flowing waste-
water into CITY'S transmission and treatment facilities which
exceeds the capacity or pressure rating indicated and customer
shall have the right to enforce by suit or other proceedings,
at law, or in equity, the obligation of the CITY to accept,
treat, and dispose of customer's wastewater flow as set forth
in Article 3.4 of this agreement.
3.5 PRESSURES AT POINT OF CONNECTION
CUSTOMER agrees that, under all operating conditions as out-
lined by CITY, except as provided in Article 7.5 of this
Agreement, the elevation of a gravity system or pressure in a
force main at the POINT OF CONNECTION shall be sufficient to
deliver all wastewater without backing up the CUSTOMER'S
gravity lines or reversing flow in CUSTOMER'S force main sys-
tem, based on present as well as projected future flows for
that portion of the regional transmission system.
The CITY reserves the right to install microprocessing moni-
toring capabilities at any pumping station with a direct con-
nection to the regional facilities. CUSTOMER agrees that no
change in pumping characteristics shall be made without prior
approval from the UTILITIES DIRECTOR. CITY installations
shall not interfere with CUSTOMER'S facilities.
3.6 EQUALIZATION OF FLOW
CUSTOMER agrees that, through the use of acceptable methods,
adequate provisions will be included in the delivery facil-
ities to prevent excessive peak flow rates. The average daily
flow shall be controlled such that it is transported to CITY'S
transmission and treatment facilities by 24-hour-per-day con-
tinuous pumping directly relating to incoming flow. The rates
of pumping for any four-hour period shall not exceed two hun-
dred fifty percent (250%) of the average daily flow.
The term "average daily flow" as used herein is defined as the
total flow during the four (4) consecutive months of greatest
flow during the preceding twelve (12) months, divided by the
actual number of days in the four (4) consecutive months. In
the event CUSTOMER has not provided continuous flow during the
entire period of the preceding twelve (12) months, the term
"average daily flow" shall mean that flow projected for treat-
ment for the appropriate year, as indicated in Article 3.4.
In the event the flow to the CITY Treatment Facility is not
controlled as stipulated hereinabove, then CITY may impose a
compensatory charge of a percentage of the monthly billing to
CUSTOMER, unless a supplemental written agreement entered into
by both parties provides otherwise. Such supplemental written
agreement may involve adjustment of rates as a result of
reallocation of design, construction, financing, operation and
maintenance costs. The compensatory charge if there is no
supplemental agreement shall be computed as follows:
In the event CUSTOMER causes a flow of 250.01% to 255%,
inclusive, of the average daily flow for any four (4) hour
period, CUSTOMER shall be charged an additional one percent
(1%) of the monthly,service charge, and an additional one
percent (1%) of the monthly service charge shall be charged
for each increment of five percent (5%) or any portion thereof
exceeding 255%.
CUSTOMER also agrees to notify CITY'S Utilities Department
immediately upon discovering the major failure of a pumping
station, breakage of a force main or gravity sewer which could
cause heavy infiltration and introduction of sand into the
system and to begin immediate repair of same.
0130E - 6 -
3.7 CITY TO INSTALL METERS
CITY agrees to furnish and install a wastewater metering
device at the region's expense, housing, accessories and
appurtenances of a type and design selected by CITY, to be
located at the site or sites as determined by CITY after
consultation with CUSTOMER. City shall retain ownership of
the metering device, together with the housing, accessories
and appurtenances thereto. In the event the capacity of the
metering device becomes inadequate for the amount of flow
delivered, CITY, at its expense, shall replace the meter or
install such additional metering device or devices as may be
necessary.
3.8 CITY TO MAINTAIN METER
CITY agrees to have an annual inspection and report prepared
.at its expense regarding the condition and accuracy of the
metering device performed by a representative of the manufac-
turer or other competent independent entity. A copy of the
annual report on meter inspection shall be furnished to CUS-
TOMER within thirty (30) days of its acceptance. CUSTOMER
shall have the right to make its own meter inspection, or to
have an independent company check the metering equipment at
any time provided, however, no such inspection shall be made
unless CUSTOMER shall first give CITY written notice of its
intent to have the inspection made, nor shall any such inspec-
tion be made prior to twenty-four (24) hours, excluding
Saturdays, Sundays and holidays, subsequent to the receipt of
said notice by CITY. All cost and expense of CUSTOMER'S
interim inspection shall be borne by CUSTOMER unless the meter
is found to be inaccurate beyond the manufacturer's guaranteed
range of accuracy, in which case the cost and expense of such
interim inspection shall be borne by CITY. Normal maintenance
of the metering device shall be performed by CITY as an ex-
pense of wastewater treatment and effluent disposal.
3.9 PAYMENT IN CASE OF METER INACCURACY
Both parties agree that, should the metering equipment be
found to be inaccurate beyond the manufacturer's range of
accuracy, the meter will be assumed to be inaccurate since the
last meter check or for a period of three months, whichever
time should be less, and that the following month's billing
will be adjusted to show a credit or additional charge to CUS-
TOMER for that period. The computation shall be based on the
average flow for the previous twelve=month service prior to
the last meter check.
3.10 PAYMENT IN CASE OF METER FAILURE
Both parties agree that, if at any time the metering system
shall be inoperative or in any way fails to provide informa-
tion with respect to the quantity of flow into CITY'S waste-
water transmission, treatment and disposal facilities, CUS-
TOMER will pay to CITY a monthly amount equal to the average
flow based upon the previous twelve-month service prior to the
date the meter became inoperative. If failure occurs during
the first twelve months of the Agreement CUSTOMER'S records
for previous twelve months will be utilized.
3.11 CHARGES TO CITY
Regional costs to the CITY shall be calculated for all flow
delivered to the regional wastewater treatment plant less the
total measured flow delivered at each point of connection from
customers' systems.
0130E -- 7 -
ARTT f T.F d
PROVISIONS RELATING TO
DISCHARGE AND SAMPLING
4.1 TYPES -OF —WASTES AND SUBSTANCES WHICH ARE PROHIBITED TO BE
DISCHARGED
The rules and regulations contained in City of Fort Lauderdale
Code of Ordinances, Chapter 37, Article III establish the
types of wastes and substances which are prohibited to be dis-
charged into CITY's sewerage system. Except as hereinafter
provided, CUSTOMER agrees to comply with these aforementioned
rules and regulations.
4.2 CUSTOMER agrees to include in the design of its wastewater
delivery system a safe, mutually agreeable sampling station so
that CITY can obtain grab and composite samples of the waste-
water as a means of monitoring the characteristics of the
wastewater received from CUSTOMER, and to provide for such
right-of-way or easements as may be necessary to assure CITY
of access to the sampling station.
The CITY shall have the right at any time to collect
samples of sewage and industrial wastes at various locations
to be determined by the CITY within CUSTOMER'S facilities for
the purpose of making laboratory analysis of these wastes.
Twenty-four (24) hour notice will be given of industrial
sampling to be conducted by CITY when possible. The costs of
collecting and of testing such samples shall be considered a
CITY facility operating expense.
4.3 CUSTOMER shall supply CITY, not later than September 30th of
each year, with a list of the producers of industrial wastes,
if any, as of August 31st of each year and supply CITY with an
update of any additional producers of industrial wastes as
they occur. CUSTOMER shall require that any producer of
industrial wastes, as defined in PL 92-500 or any revisions
thereto or those designated by the CITY, submit annually to
CITY a complete laboratory analysis of both the raw and pre-
treated wastes, at no cost to CITY. CUSTOMER shall require
that each producer of industrial wastes give CITY five (5)
days written notice, exclusive of Saturdays, Sundays and hol-
idays, of its intent to take the required samples, in order
that CITY may be represented at such sampling. Such analysis
shall be made on twenty-four (24) hour composite samples and
shall include at least the following: temperature, pH, sus-
pended solids, dissolved solids, five-day BOD, fats and oils
(ether extraction), ASTM flash point, and any other parameters
deemed appropriate by the Director. Upon request, CUSTOMER
shall submit annually to CITY at no cost to CITY similar
laboratory analyses of composite samples of the combined
wastes leaving CUSTOMER'S facilities.
4.4 CUSTOMER agrees to adopt, enact and enforce such rules, reg-
ulations and ordinances as may be required to insure that
users of CUSTOMER'S system do not discharge or cause to be
discharged waters or wastes which would not meet conditions
for individuals as defined by the CITY's Code of Ordinances or
would cause CUSTOMER's wastewater to be unacceptable under the
provisions of this Article, and to furnish to CITY certified
copies thereof within ninety (90) days from date hereof. CITY
agrees to assist CUSTOMER in the preparation of said rules,
regulations and ordinances.
4.5 CUSTOMER shall be responsible for implementation in its system
of any Federal, State or local regulations pertaining to
discharge of wastewater imposed upon CITY either now or in the
future. This includes but is not limited to "Industrial Cost
Recovery Provisions" as required by PL 92--500, "Toxic and
Pretreatment Effluent Standards" as required by PL 92-500, and
0130E - 8 -
"Infiltration/Inflow Sewer System Evaluation Survey and Re=
habilitation" as required by PL 92-500. CUSTOMER shall pro-
vide the "Infiltration/Inflow Analysis" required by PL 92--500,
and CITY shall perform grant coordination as it applies to
Central Region.
4.6 CUSTOMER agrees that this agreement in its entirety is subject
to all applicable provisions of Chapter 37 pertaining to
discharge of wastewater (now and as amended) , Code of
Ordinances of CITY, which shall be deemed supplemental to the
terms of the agreement.
ARTICLE 5
PROVISIONS PERTAINING TO CHARGES
5.1 BASIS OF CHARGES
Both parties agree that CITY shall provide wastewater trans-
mission, treatment, and disposal service to CUSTOMER at fees,
rates and charges constituting the full cost of such service,
which shall include Operating and Maintenance Expense, Debt
Requirements, and Capital Replacement Fund (as required by PL
92-500). CITY shall set the same fees, rates and charges for
all Large Users (including itself) as defined in Article 2.6
that are within the same Region. Such fees, rates and charges
shall be adopted or amended by the CITY, and it shall consider
recommendations of the individual CUSTOMERS and recommenda-
tions of the Regional Advisory Board. The CITY shall hold
public hearings on amendments to the rates and charges in the
manner provided by law and after at least thirty (30) days
written notice has been provided to the CUSTOMER of such
public hearing.
The CUSTOMER shall pay a monthly charge to CITY for wastewater
transmission treatment and disposal services provided by the
CITY. Such charges shall include the following:
5.1.1 Operating and Maintenance charges applicable to the
regional treatment plant, regional pumping stations,
regional force mains, and disposal works and facili-
ties and appurtenances thereto. The portion of the
monthly charge attributable to such operating and
maintenance charge shall be based on the actual flow
used by the CUSTOMER during the billing period.
Such monthly charge shall be computed as a charge per
1000 gallons passing through the meter or meters serv-
ing CUSTOMER. The rate for such per 1000 gallon
charge shall be computed by dividing the budgeted
annual total regional operating and maintenance
expenses, in thousands of dollars, as defined below
for CITY's ensuing fiscal year, ending September 30,
by the number of thousands of gallons of wastewater
which is estimated to be treated and disposed of
through CITY'S Regional System for that year.
The operating and maintenance expense portion of such
cost shall include, but not be limited to, labor,
material, equipment, fuel, utilities, chemicals,
transportation, travel and administrative expenses,
billing expenses, supplies, rent, insurance, employee
benefits, liability and workmen's compensation, out=
side services, and any other costs of operation and
maintenance of the CITY's regional transmission,
treatment and disposal facilities.
Administrative costs for the services of various CITY
departments shall be charged to the regional facil-
ities in accordance with the CITY'S administrative
indirect cost allocation plan developed under the
0130E - 9 -
guidelines of "Federal Management Circular 74-4" as
reviewed and approved by the Environmental Protection
Agency. Charges to the regional facilities for the
services of the Engineering, Utilities, Public Works
and City Attorney departments shall be made by direct
cost allocation as such services are rendered.
5.1.2 Charges for principal, interest and amounts necessary
to meet the requirements of bond obligations and cov-
enants on the City's regional treatment plant, trans=
mission and disposal facilities and appurtenances
thereto, including any bonds or other obligations
thereon, heretofore or hereafter issued by the CITY
for the benefit of the CITY's regional transmission,
treatment and disposal facilities, shall be computed
as a charge per 1000 gallons passing through the meter
or meters serving CUSTOMER. The rate for such per
1000 gallon charge shall be computed by dividing the
total Central Wastewater Region debt service, in
thousands of dollars, by the number of thousands of
gallons of wastewater which is estimated to be treated
and disposed of through CITY'S Regional System for
that year.
5.1.3 A charge representing the CUSTOMER'S equitable share
of replacement costs during the Regional System's
20-year planning period, as required by P.L. 92-500
and the federal regulations applicable thereto, shall
be computed as a charge per 1000 gallons passing
through the meter or meters serving CUSTOMER. The
rate for such per 1000 gallon charge shall be calcu-
lated annually using the following formula and divid-
ing the result by the number of thousands of gallons
of wastewater which is estimated to be treated and
disposed of through the regional system for that year.
Expected Replacement Costs - Replacement
for Remainder of 20-year Account
Period Balance
Number of Years Remaining
in 20-year Period
The term "replacement costs" shall be defined as in
P.L. 92-500 as "Expenditures for obtaining and
installing equipment, accessories, or appurtenances
during the useful life of the treatment works neces-
sary to maintain the capacity and performance for
which such works are designed and constructed." Such
replacement expenditures shall be funded from the
Replacement Account during the Regional System's
20-year planning period as identified in Appendix A to
40 CFR 35. Any balance remaining in the Replacement
Account at the end of the 20-year planning period will
be transferred to the Region's Replacement and
Improvement Reserve -Account as defined by the CITY'S
bond covenants.
Any subsequent revision of P.L. 92-500 or the federal
regulations for replacement charges shall automat-'
ically supersede this subsection.
5.1.4 An annual adjustment will be computed after the close
of the fiscal year and the issuance of the CITY'S
Annual Financial Report which will be based upon the
actual rate for the year. The actual rate will be
computed by dividing the actual operating and main=
tenance costs, bond debt service covenant requirements
and replacement costs of the regional system by the
actual number of thousands of gallons of wastewater
treated and disposed of through the system for that
fiscal year.
0130E - 10 -
CUSTOMER'S actual charge for the fiscal year will be
computed by multiplying the actual rate times the num-
ber of thousands of gallons of wastewater delivered by
CUSTOMER and increasing the amount by any additional
charges as described in sections 3.6, 5.2 and 5.4.
Should CUSTOMER'S actual charge exceed the amounts
previously paid, a special bill will be presented to
CUSTOMER showing the additional charge due. Should
CUSTOMER'S actual charge be less than the amounts
previously paid, the difference will be refunded to
CUSTOMER.
5.1.5 The illustrations in Appendix A are hereby specifi-
cally made a part of this Agreement. They are de.; -
signed to demonstrate and clarify the items discussed
in this section and should be reviewed concurrently.
5.2 -CHARGE FOR EXCESSIVE FLOWS
In the event that the average monthly flow of any CUSTOMER
exceeds its transmission or treatment capacity as set forth in
Article 3.4, hereof, for a period of four (4) successive
months, then the monthly charge to the CUSTOMER shall be in=
creased by the percentage that the CUSTOMER exceeds its com-
mitment for each month that its flow exceeds the amount of its
flow projection. Nothing in the section shall be construed to
waive or rescind any rights that CITY shall have pursuant to
Article 3.4 relating to the limitation of CITY'S obligation to
provide transmission and treatment capacity to CUSTOMER only
up to the amount CUSTOMER has projected.
5.3 REVIEWS
CITY agrees that reviews of the cost of providing wastewater
treatment, transmission and disposal services shall be made
annually, based on the CITY'S fiscal year. The fees, rates
and charges which will be effective during the next succeeding
fiscal year to the CUSTOMER and other customers of the same
class, will be developed by the CITY following such annual.
review. In developing such fees, rates and other charges for
the next succeeding fiscal year, the costs, as defined herein,
during the current fiscal year, the audited costs for the pre-
ceding fiscal year, and the anticipated changes in costs, in
the next succeeding fiscal year, will be the preliminary basis
for establishing the fees, rates and other charges for the
next succeeding fiscal year.
5.4 PAYMENT AND PENALTIES FOR NON-PAYMENT
Both parties agree that CITY shall bill CUSTOMER for waste-
water transmission, treatment, and disposal services on a
monthly basis in accordance with CITY's standard billing pro-
cedures. CUSTOMER shall pay such billings within thirty (30)
days of the date of mailing the monthly bill. Should CUSTOMER
not pay within the thirty (30) day period, CUSTOMER shall pay
an additional one and one-half percent (1 1/2%) of the bill.
Should a billing or a portion of a billing be outstanding for
a period of more than sixty (60) days from the date of the
original billing, then the CUSTOMER shall be considered in
default and the CITY, in addition to all other rights and
remedies, shall have the right and power, by suit, action,
mandamus or such other proceedings at law or in equity, to
protect, enforce, and compel performance by the CUSTOMER and
any of the officers, agents or employees of said CUSTOMER to
perform and carry out its and their duties and obligations
under this Agreement or applicable law.
0130E - 11 -
5.5 ANNUAL REPORT
CITY agrees to engage a reputable firm of independent Cer-
tified Public Accountants to perform an annual audit of its
financial statements as required by state statutes and to
issue an Audit Report expressing an opinion thereon. CITY
agrees to further engage the Certified Public Accountants to
issue a separate Contractual Compliance Report regarding the
CITY'S compliance with the terms of this agreement. The cost
of the Contractual Compliance Report will be a cost of region.; -
al system. CITY will furnish to CUSTOMER a copy of the CITY'S
audited annual financial statements accompanied by the audi-
tor's Contractual Compliance Report within thirty (30) days of
receipt and acceptance by the CITY.
5.5.1 ACCESS TO RECORDS
CITY agrees to maintain separate accounting records
for the central regional wastewater system. Assets
and liabilities of the regional system will be segre-
gated in a separate accounting entity apart from the
CITY"S other assets and liabilities. Costs and rev-
enues associated with regional wastewater transmis-
sion, treatment and disposal will also be recorded
with this accounting entity apart from other CITY
costs and revenues.
Upon reasonable notice given by CUSTOMER, CITY will
make available to CUSTOMER, at CITY'S offices, its
books and records regarding operations of the regional
wastewater transmission, treatment and disposal facil-
ities. CUSTOMER agrees that, upon reasonable notice
given by CITY, it will, in like manner, make available
to CITY, at CUSTOMER'S offices, its books and records
regarding the operation of wastewater transmission
including, but not limited to, accounting and auditing
records.
5.6 CITY TO HAVE JURISDICTION
Both parties agree that CITY has sole and exclusive authority
and jurisdiction as to administration, operation and main=
tenance of CITY System, establishing the annual budget, estab-
lishing and amending service fees, rates and other charges as
provided in the CITY's Ordinances for efficient operation and
maintenance of the facilities and all other matters and things
pertaining to the wastewater transmission, treatment, and dis-
posal facilities. However, CITY agrees to consider the recom-
mendations from the individual CUSTOMERS and the Regional
Advisory Board that it received before making decisions in
areas in which the individual CUSTOMERS and the Advisory Board
have an interest. This provision should not be construed as
constituting waiver by CUSTOMER its right to challenge any
budget, fees, rates, and othercharges in a court of competent
jurisdiction.
of
ARTICLE 6
PROVISIONS PERTAINING TO ADDITIONAL OBLIGATIONS
OF BOTH PARTIES UNDER THIS AGREEMENT
6.1 CITY TO EXPAND SYSTEM AND APPLY FOR GRANTS
CITY agrees to attempt to provide whatever extensions and
expansions to the regional transmission, treatment and dis-
posal facilities as may be necessary to provide for CUSTOMER'S
future scheduled flow, as set forth herein Article 3.4.
Toward this objective CITY will make application, as it may be
aware, for any available financial assistance from Federal,
State and local programs under which said facilities and the
0130E - 12 --
project may be eligible. Further, CITY agrees to apply appli-
cable portions of any such assistance which may be received to
offset capital costs of the CITY system.
6.2 CUSTOMER TO DELIVER ALL WASTEWATER
CUSTOMER agrees, during the term of this Agreement, to deliver
all existing and future wastewater flows collected by it with-
in the service area described in Exhibit B, whether collected
within or without its existing service area, to CITY facili-
ties, which flows shall not exceed amounts set forth herein in
Article 3.4, as existing or as hereafter amended, for the
length of this Agreement, and CITY agrees to accept and treat
such wastewater flow not exceeding amounts set forth herein in
Article 3.4, as existing or as hereafter amended, for the
length of this Agreement.
6.3 CHANGE IN SCHEDULED FLOWS
"Both parties agree that the schedule of flows shown in Article
3.4 herein shall be the basic schedule; however, same may be
altered from time to time for the following reasons:
6.3.1 CHANGES NECESSARY BECAUSE OF DEVELOPMENT
CUSTOMER shall have the right to revise the projec-
tions attributable to CUSTOMER upward or downward,
provided CITY has not yet engaged a firm to prepare
plans for additions or modifications to CITY facil-
ities, the need for such plans being based in part
upon projections made by CUSTOMER. CUSTOMER shall be
given notice by certified mail at least ninety (90)
days prior to the date of engaging a firm to prepare
said plans for additions or modifications, which
notice shall advise CUSTOMER that action is being
contemplated by CITY and requesting that any modifica-
tions which CUSTOMER may wish to make in its flow pro-
jection schedule in Article 3.4 be submitted to CITY
before said date.
CUSTOMER agrees to furnish to CITY and to the Advisory
Board no later than the first day of June of each
year, on the year after consummating this Agreement, a
five (5) year projection indicating its yearly projec=
tions of its wastewater treatment needs. Said projec-
tions are necessary for planning purposes. CITY
agrees that it will review the basis of flow projec-
tions, as well as per capita flow projections, and if
the CITY agrees it will use the projections as a tool
in determining if and when extensions and modifica-
tions to the facilities are required and economically
feasible. In the event disagreement exists on flow
projections (either gross, net or per capita), CITY
shall not require more stringent criteria or commit:
ments to be utilized by larger users than extended to
the CITY proper. In determining whether and when to
expand or modify its facilities, CITY will consider
recommendations of the individual CUSTOMERS and of the
Advisory Board,
6.3.2 CHANGES BY OUTSIDE AGENCIES
CITY may revise the schedule if any Federal, State or local
agency promulgates regulations that require a change in sched-
uling or reduction in per capita usage of flows. If there is
a determination by either party that regulations requiring a
change in scheduling flows are unreasonable, either party
reserves the right to challenge said regulations in court.
0130E - 13 --
6.3.3 CHANGES BEYOND CITY'S CONTROL
CITY may revise the flow schedule for such periods as
are reasonable and necessary if anticipated construc-
tion is delayed for any reason beyond the control of
CITY. The reasons for delay may be, but are not
limited to, the following:
6.3.3.1 Contractor delays beyond completion date.
6.3.3.2 Lack of acceptance or approval by regulatory
agencies.
6.4 CUSTOMER TO CHARGE ADEQUATE RATES
CUSTOMER agrees to establish and maintain service charges or
other means of obtaining funds within its area of jurisdiction
sufficient to provide monthly payments to CITY for wastewater
transmission and treatment services, and that such means will
be revised as may be required from time to time to provide
sufficient funds to pay any sums due CITY under the terms of
this Agreement.
6.5 GRANT INFORMATION
CUSTOMER and CITY agree to provide each other with all neces-
sary information pertinent to CUSTOMER'S or CITY'S system and
service area which any Federal, State or local agencies shall
require in an application for financial assistance in the con-
struction of CITY'S transmission, treatment and disposal
facilities or CUSTOMER'S collection and transmission facil-
ities. Further, CUSTOMER and CITY agree to adopt such regula-
tions, execute such Agreements and do such work as said Fed=
eral, State or local agencies may require as part of CITY'S or
CUSTOMER'S application for funds.
ARTICLE 7
PROVISIONS PERTAINING TO VIOLATIONS AND
EXCEPTIONS TO THE TERMS OF THIS AGREEMENT
7.1 AGREEMENT NOT TO BE CANCELLED
Both parties agree that each is undertaking a major obligation
in assigning all of CUSTOMER'S existing and future wastewater
flow, within the service area described herein, to CITY'S sys-
tem, and therefore each agrees with the other that this Agree"-
ment will not be cancelled on any condition except by mutual
cancellation agreement between the parties hereto, which will
be a written document executed with the same formality and of
equal dignity herewith.
7.2 NOTICES OF VIOLATION TO CUSTOMER
CITY shall. serve CUSTOMER with written notice stating the
nature of any violation of this Agreement by CUSTOMER. Said
notice shall provide a reasonable time limit, not to exceed
ninety (90) days, for the satisfactory correction thereof.
CUSTOMER shall, within the period of time stated in such
notice, permanently cease or correct all violations.
M 7.3 INDEMNIFICATION AND HOLD HARMLESS CLAUSE
CUSTOMER and CITY agree that, if either is guilty of violating
any of the provisions of this Agreement, the guilty party
shall become liable to the other party for any expense, loss,
or damage occasioned by reason of such violation, provided,
however, any payment by CITY to CUSTOMER or CUSTOMER to CITY
for a violation of any provision of this Agreement shall be
from such source other than revenues pledged to bond holders,
as may be legally available to CITY or CUSTOMER respectivel
Y•
0130E - 14
CUSTOMER agrees to hold and save harmless CITY from costs
and expenses incurred by CUSTOMER or CITY in any litigation to
Which CUSTOMER or CITY may become a party, as either plaintiff
or defendant, resulting from the effects of the improper
introduction of materials by CUSTOMER or any users of CUS-
TOMER'S collection system into the CITY facilities, or any
portion thereof, which may cause damage within or without the
CITY system.
7.4 DISPUTE OVER VIOLATION
CUSTOMER agrees that, in the event of any continuing violation
by CUSTOMER of the provisions herein contained which shall
continue beyond the date stated in the notice described above
and that relates to the payment of money, the CITY shall sub=
mit-to CUSTOMER an initial, dated proposed billing invoice,
and if the parties by conference do not settle and agree that
a violation exists, or if the parties do not agree upon the
amount invoiced if a violation does exist, within thirty (30)
days from the billing date, then the CUSTOMER shall automat-
ically deliver to CITY the amount billed. However, the amount
of the bill that is in dispute shall be deposited in an
interest -bearing bank account in a banking institution agree=
able to both parties during such continuing claimed violation,
with adjustment of the billing invoice amount, or actual cost,
expense or damage to be left to subsequent agreement or court
adjudication.
7.5 FORCE MAJEURE
Both parties agree that any temporary cessation of wastewater
transmission and wastewater treatment and effluent disposal
services resulting from an Act of God, fire, labor strikes,
casualty, necessary maintenance work, breakdown of or injury
to machinery, pumps or pipe lines, insurrection or riot, or
civil or military authority, shall not constitute a breach of
this Agreement on the part of CITY or CUSTOMER and neither
CITY nor CUSTOMER shall be liable to the other for any damage
resulting from such temporary cessation of services.
7.6 JURISDICTION OF OTHER AGENCIES
Both parties agree that certain Federal, State and local
agencies have some jurisdiction and control over pollution
matters and, should such an agency issue legally enforceable
orders that may alter any of the terms and conditions of this
Agreement, there shall be no liability on either party because
of such action provided that CITY shall not be precluded from
making a necessary adjustment to the sewage transmission and
treatment rate. It is further agreed that if such agency
shall request a change in the provisions of this Agreement
that both parties will, by mutual agreement, make every effort
to comply with such request. However, the terms of this arti-
cle shall not preclude administrative or judicial challenge,
or both, of such order by either or both parties hereto. This
provision shall not be construed so as to permit CUSTOMER to
terminate this Agreement.
ARTICLE 8
PROVISIONS PERTAINING TO THE
ADMINISTRATION OF THIS AGREEMENT
8.1 DATE OF BEGINNING
Both parties agree to be bound by this Agreement as of the
date of its execution. Should CUSTOMER, through no fault of
CITY, not avail itself of the CITY facilities when such facil-
ities are available or within the applicable time period it
will pay the applicable standby charges, as defined and
described in Article 8.1.2. below.
0130E - 15 -
I
8.2
8.3
8.1.1 DATE OF CUSTOMER CONNECTING TO CITY FACILITIES
CITY will keep CUSTOMER informed as to the construc-
tion schedules of those facilities necessary to serve
CUSTOMER. The CITY shall give CUSTOMER notice of the
completion date as certified by its Engineer of the
construction of all CITY facilities necessary to serve
CUSTOMER and CUSTOMER shall be prepared to deliver all
of its wastewater to the point of connection on this
completion date or within three (3) months of the date
of this notice, whichever date is later. If construc-
tion is completed at the time of execution of this
Agreement, CITY shall give written notice thereof to
CUSTOMER who shall connect to the system within three
(3) months of receipt of written notice. In the event
CUSTOMER does not deliver all of its wastewater, it
shall pay standby charges which shall commence three
(3) months from the date of the notice.
8.1.2 BASIS OF STANDBY CHARGES
Should CUSTOMER fail to deliver all of its wastewater
on the date above agreed upon, the CITY will bill and
CUSTOMER will pay the monthly charges set forth in
Article 5 hereof based upon one hundred (100%) percent
of the gallonage collected by CUSTOMER within its
jurisdiction.
8.1.3 CUSTOMER WITH NO FLOW
In the event CUSTOMER has no flow to deliver to the
CITY on the date above agreed upon, CUSTOMER shall pay
only such amounts, based on its projected flow on the
date above agreed upon, as are attributable to princi-
pal, interest, capital replacement and coverage of
bonded indebtedness.
TERMINATION AND EXTENSION OF AGREEMENT
Both parties agree that this agreement shall begin and bind
the parties as set forth in Article 8.1 hereof and shall ter=
minate at the end of the CITY's next full succeeding fiscal
year subsequent to such time as all obligations, notes or
bonds heretofore or hereafter issued for the financing of the
Central Regional Transmission, Treatment and 7aisposal Facil-
ities, or any part of said facilities, are retired or satis-
fied.
INVALIDITY OF AGREEMENT
Both parties agree that the invalidity of any section, clause,
sentence, or provision of this Agreement shall not affect the
validity of any other part of this Agreement which can be
given effect without such invalid part or parts.
8.4 BINDING ON SUCCESSORS
Both parties agree that this Agreement shall be binding upon
the successors and assigns of the parties hereto and may be
enforced by approi?riate action in court, or courts, of com-
petent jurisdiction.
8.5 LEGAL REQUIREMENTS
Both parties agree that all legal requirements for execution
of this Agreement have been performed, and each party hereto
agrees to exchange with the other certified copies of the
official records of its governing body which authorize the
execution of this Agreement.
0130E - 16 -
8.6 GIVING OF NOTICE
Any notice required to be given hereunder shall be considered
to have been properly given if the same has been sent in writ-
ing by certified mail, to the following
CITY: City Manager
City of Fort Lauderdale
P.O. Drawer 14250
Fort Lauderdale, Florida 33302
CUSTOMER: City Manager
City of Tamarac
5811 N.W. 88th Street
Tamarac, Florida 33321
8.7 ALL PRIOR AGREEMENTS SUPERSEDED
This document supersedes all prior negotiations, correspond-
ence, conversations, agreements, or understandings applicable
to the matters contained herein and the parties agree that
there are no commitments, agreements, or understandings con-
cerning the subject matter of this Agreement that are not con-
tained in this document. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any
prior representations or agreements whether oral or written.
It is further agreed that -no modification, amendment or
alteration in the terms or conditions contained herein shall
be effective unless contained in a written document executed
with the same formality and of equal dignity.
8.8 EXECUTION
This Agreement shall be executed in five (5) copies, each of
which shall be deemed an original.. Each party shall provide
the other party with a copy of it's Resolution or evidence of
other action authorizing it to execute this Agreement, which
Resolution or other document shall be attached hereto as an
exhibit and made a part thereof.
IN WITNESS WHEREOF, the parties hereto have made and
executed this Agreement on the respective dates under each signa-
ture: CITY OF FORT LAUDERDALE through its CITY COMMISSION, signing
by and through its Mayor, authorized to execute sam b Commission
action on the day of , 19 , and
signing by and through of tlYer
duly authorized to execute same.
WITNESSES: CITY OF FORT LAUDERDALE
By
Mayor -Commissioner
By
City Manager
ATTEST:
City Clerk
APPROVED:
19
City Attorney
day of
0130E - 17
r
A
I
WITNESSES:
CITY OF T MA C
By ..�
ATTEST:
day 0f
19FL
0130E
�22endix A
I. USER CHARGE CALCULATION
Public Law 92-500 (Section 204(b)(1)(A)) requires that a system of user
charges be adopted to assure that each recipient of wastewater treatment ser-
vices will pay its proportionate share of the costs of operation and mainten-
ance (including replacement) of any waste treatment services provided by the
Regional System. Accordingly, user rates will be developed annually as part
of the budget process using the following formula:
R = A + B + C
N
Where R - the rate per 1,000 gallons passing through the meter or meters of
the large user,
A operation and maintenance coats as explained in Section A below,
B - debt service and bond covenant requirements as described in Section B
below,
C = replacement costs as described in Section C below, and
N . the total number of thousands of gallons of wastewater that it is esti-
mated will be treated and disposed of through the Regional System for that
year.
Following the close of each fiscal year and the issuance of the annual finan-
cial statements for that year, the actual user rates and charges will be
calculated as described in part II of this Appendix and an adjustment made.
A. Operation and Maintenance Costs
The operation and maintenance portion of the user rate will be based upon the
annual operating budget for the Central Regional System and will include, but
not be limited to, the following categories of expenses:
Personal Services
Salaries XXX
Employment Taxes XXX
Employee Benefits XXX
Current Expenses
Utilities XXX
Fuel, Oil S Lubricants XXX
Consumable Tools XXX
General Operating Supplies XXX
Office Supplies XXX
Chemicals XXX
Professional Services XXX
Insurance XXX
Vehicle Operation b Maintenance XXX
Equipment Repairs XXX
Printing b Binding XXX
Conferences, Schools b Travel XXX
Uniforms XXX
* Administrative Service Charges XXX
Total XXXX
* This item represents charges for the services of various City departments
which will be charged to the Regional System in accordance with the City's
administrative indirect cost allocation plan developed under the guide-
lines of "Federal Management Circular 74 -4 " as reviewed and approved by
the Envirorsnental Protection Agency.
4703f-1 1 of 10
Appendix A
P,9go Two
B. Debt Service and Bond Covenant Requirements
This portion of the rate will be based upon the bond principal and interact
payments required in the coming year and the amounts necessary for satisfac-
tion of the applicable bond covenant requirements as listed below:
1. Principal and interest payments payable during the fiscal
yc:3r on those portions of the Water and Sewer Revenue Bond
is;;ues of 1973 and 1978 that were used to purchase or construct
fixed assets of the Regional System. (See Tables A-3 and A-4.) XXX
2. Twenty-five percent of the amount in 1. above in satisfaction
of bond covenant requirements. XXX
Note: Water and Sewer Revenue bond covenants require that
revenues be equal to or greater than the sum of:
a) 125% of bond principal and interest payable during; the
year,
b) 100% of operation and maintenance costs for the year
and
c) 100'. of payments to reserve accounts required by other
bond covenants.
3. Principal and interest payments payable during the
fiscal year on that portion of the General Obligation Sewer
Bond Issue of 1971 that was used to purchase or construct
fixed assets of the Regional System. (See Table A-2.) XXX
4. Payment to the Operating Reserve Account of any additional
amount neccessary to establish a balance equal to two months'
estimated operating expenses. VXX
5. Payments to the Debt Service Reserve Account equal to
the greater of 20% of the amount in 1. above or an amount
sufficient to establish a balance in the Debt Service
Reserve Account equal to the largest amount which will be
required in any one year for the payment of maturing
principal of and interest on Water and Sewer Revenue
Bonds. Due to the difficulty in allocating this reserved
requirement, the City will account for and be responsible for
maintaining this reserve at the appropriate balanco.
6. Payments to the Replacement and Improvement Reserve
Account, if such payments should become necessary. Bond
covenants require that a minimum balance of $500,000 be
maintained in this account and that at the direction of
the consulting engineer additional funds will be appropri-
ated to cover planned project costs. At the date of .3igning
of this agreement, the balance in the Replacement and I:aprove-
ment Reserve Account is $500,000 and no plans exist to increase
the required balance. In addition, requirements for payments
to the Replacement Account, as described in Section C below,
are more restrictive. For these reasons, no payments to the
Replacement and Improvement Reserve Account are contemplated
at the date of signing of this agreement. -p-
Total XXX
C. Replacement Costs
This portion of the rate, as required by P.L. 92-500, is to provide, for the
replacement or addition of equipment, accessories or appurtenances that will
be needed to maintain the performance and capacity of the Regional System
during its first 20 years of operation. A schedule will be prepared by the
consulting engineer projecting such expenditures for the 20 year period. The
schedule will be revised and updated oath year to Show the exprcrod rep lacc -
ment costs for the remainder of the 20 years.
4703f 2 Of 10
Appendix A
Page Three
The replacement cost portion of all user charges collected will be deposited
in the Replacement Account and replacement expenditures will be made directly
from the account. If any unused balance remains in the Replacement Account ut
the end of the 20 year period it will be transferred to the Replacement and
Improvement Reserve Account, as described in Section B.6. above.
This portion of the rate will be calculated annually using the following
formula:
Y
Where C - the amount of replacement costs to be collected that year,
E - the expected replacement costs for the remainder of the 20-year period as
shown by the consulting engineer's updated schedule,
R - the balance in the Replacement Account, and
Y - the number of years remaining in the 20-year period.
D. Mont hl y Billing
Each large user will be billed monthly for the number of thousands of gallons
of wastewater that passed through its meter or meters times the rate developed
above.
11. YEAR --END ADJUST"ENr
Fol l owing the close of the fiscal year and the issuance of the annual f inari--
cial report, an actual rate for the year will be computed using the followin
f ormul a:
�... AR = A1+ B1+ C1
Nl
Where AR - the actual rate per 1,000 gallons passing through the mett_•r or
meters of the large user,
Al = the total actual operation and maintenance costs incurred during the
fiscal year,
B1 - the total bond principal and interest ppayments and amounts necessary to
satisfy bond covenant requirements during tfie fiscal year as described in Sec-
tion B above (this amount will not change),
Cl - the replacement cost formula as computed in Section C above (this
amount will not change) and
N1 - the total number of thousands of gallons of wastewater actually treated
and disposed of through the regional system for the year.
The amount of adjustment due from or to each large user will be calculated as
shown in Table A-1. The actual rate, as computed above, will be multiplied by
the number of thousands of gallons of wastewater that passed through the meter
or meters of each large user during the year. The result, after being in-
creased by applicable penalties, if any, as described in Sections 3.6, 5.2 and
5.4, will be the user's total actual charge for the fiscal year (column F).
The amount paid by the large user is then subtracted to determine the addi-
tional charge due from or the refund due to the large user (column H) .
4703f 3 of 10
Appendix A
Page Four
A
Large User
- Fort Lauderdale
$1,
Oakland Park
Wilton Manors
Tamarac
Port Everglades
Pal mdal e
Total
Table A-1
Calculation of Year-end Adjustment
B C D E F G H
R W � Due
Gallons Regular Total From, (To)
Treated in Actual Charge Penalties Actual Amount User
Thousands Rate B X C Assessed D+ E Paid F- G
III. EXCESS REVENUES OF THE REGIONAL SYSTEM
Revenues from regular user charges will be equal to the costs of operation and
maintenance, debt service and bond covenant requirements and replacement con-
tributions. Receipt of interest revenue and penalties, if any, will result in
a net income for the regional system. If such net income should occur, it
will be transferred to the Replacement Account, thus resulting in lower
replacement cost contributions for the following year. If any money should
remain in the Replacement Account at the end of the 20 year period it will be
deposited in the Replacement and Improvement Reserve Account. Any net income
occurring after the initial 20 year period will also be deposited in the
Replacement and Improvement Reserve Account.
4703f-4
4of10
Tabl a A-2
SCHEDULE OF DEBT SERVICE REQUIREMENTS
GENERAL OBLIGATION SEWER BONDS 1971
UNTIL MATURITY
Annual Requirements
Total Issue
FISCAL
YEAR
PRINCIPAL
INTEREST
TOTAL
1980-81
$ 225, 000.00
349, 835.00
574, 835.00
1981-82
245,000.00
332,210.00
577,210.00
1982-83
260,000.00
316,132.50
576,132.50
1983 -84
280,000.00
302,802.50
582,802.50
1984 -85
300,000.00
289,312.50
589,312.50,
1,985-86
325,000.00
274,462.50
599,462.50
1986-87
350,000.00
258,087.50
608,087.50
1987-88
375,000.00
240,137.50
615,137.50
1988-89
405,000.00
220,637.50
625,637.50
1989-90
435,000.00
199,420.00
634,420.00
1990-91
465,000.00
176,470.00
641,470.00
1�91-92
500,000.00
151,612.50
651,612.50
1992-93
540,000.00
124,437.50
664,437.50
1993-94
580,000.00
95,037.50
675,037.50
1994-95
625,000.00
63,406.25
688,406.25
1995-96
670,000.00
339600.00
703,60C.00
1996-97
505,000.00
_ 10,100.00
515,100.00
$7,0852. 000.00
3 437 701.25
102 522,701.25
Portion Payable by Regional System
Per Schedule A-1
(78G of Total)
FISCAL
YEAR
PRINCIPAL
IN"EREST
TOTAL
1980-81
$ 175, 500.00
272, 871.30
448, 3 71.30
1981-82
191,100.00
259,123.80
450,223.80
1982-83
202,800.00
246,583.35
449,383.35
1983-84
218,400.00
236, 185.95
454, 585.95
1934-85
234, 000. 00
225, 663. 75
459, 663. 75
1985-86
253,500.00
214,080.75
467,580.75
1936 -87
273,000.00
201,308.25
474,308.25
1987-88
292,500.00
187,307.25
479,807.25
1988-89
315,900.00
172,097.25
487,997.25
1989-90
339,300.00
155,547.60
494,847.60
1990-91
362, 700.00
137, 646.60
500, 346.60
1991-92
390,000.00
118,257.75
508,257.75
1992-93
421,200.00
97,061.25
518,261.25
1993-94
452,400.00
74,129.25
526,529.25
1994 -95
487,500.00
49,456.88
536,956.88
1995 -96
522,600.00
26,208.00
548,808.00
1996-97
393,900.00
7,878.00
401,778.00
$57526, 300.00
2L681 4406.98
8, 207, 706.98
4703f-7 5 of 10
Table A-3
SCHEDULE OF DEBT SERVICE REQUIREMENTS
WATER AND SEWER REVENUE BONDS, SERIES 1973
UNTIL MATURITY
Annual Requirements
Total Issue
FISCAL
YEAR PRINCIPAL INTEREST TOTAL
1980-81 $ 300 000 01 673 502 50 973 502 50
1981-82 325 000 00 654 002 50 979 002 50
1982-83 350 000 00 632 877 50 982 877 50
1983-84 375 000 00 610 127 50 985 127 50
1984-85 400 000 00 585 752 50 985 752 50
1985-86 435 000 00 559 752 50 994 752 50
1986-87 465 000 00 534 087 50 999 087 50
1987-88 500 000 00 508 977 50 1 008 977 50
1988-89 535 000 00 481 477 50 1 016 477 50
1989-90 575 000 00 451 517 50 1 026 517 50
1990-91 615 000 00 419 317 50 1 034 317 50
1991-92 665 000 00 384 262 50 1 049 262 50
1992-93 715 000 00 346 025 00 1 061 025 00
1993-94 770 000 00 304 555 00 1 074 555 00
1994-95 835 000 00 259 895 00 1 094 895 00
1995-96 1 980 000 00 210 630 00 2 190 630 00
1996-97 1 590 000 00 93 810 00 1 683 810 00
$11 430 000 00 7 710 570 00 19 140 570 00
Portion Payable by Regional System
Per Schedule A-2
(67% of Total)
FISCAL
YEAR PRINCIPAL INTEREST TOTAL
1980-81 $ 201 000 00 451 246 68 652 246 68
1981-82 217 750 00 438 181 68 655 931 68
1982-83 234 500 00 424 027 93 658 527 93
1983-34 251 250 00 408 785 43 660 035 43
1964-85 268 000 00 392 454 18 660 454 18
19885-86 291 450 00 375 034 18 666 484 18
1986-87 311 550 00 357 838 63 669 388 63
1987-88 335 000 00 341 014 93 676 014 93
1988-89 358 450 00 322 589 93 681 039 93
1989-90 385 250 00 302 516 73 687 766 73
1990-91 412 050 00 280 942 73 692 992 73
1991-92 445 550 00 257 455 88 703 005 88
1992-93 479 050 00 231 836 75 710 886 75
1993-94 515 900 00 204 051 85 719 951 85
1994 -95 559 450 00 174 129 65 733 579 65
1995-96 1 326 600 00 141 122 10 1 467 122 10
1996-97 1 065 300 00 62 852 70 1 128 152 70
$7 658 100 00 5 166 091 96 12 824 181 96
4703f-3 6 of 10
Table A-4
SCHEDULE OF DEBT SERVICE REQUIREMENTS
WATER AND SEWER REVENUE BONDS, SERIES 1978
UNTIL MATURITY
Annual Requirements
Total Issue
FISCAL
YEAR PRINCIPAL INTEREST TOTAL
1980-81 $ 400 000 00 1 550 200 00 1 950 200 00
1981-82 400 000 00 1 525 800 00 1 925 800 00
1982-83 500 000 00 1 501 400 00 2 001 400 00
1983-84 500 000 00 1 470 900 00 1 970 900 00
1984-85 500 000 00 1 440 400.00 1 940 400 00
1985-86 500 000 00 1 409 900 00 1 909 900 00
1986-87 600 000 00 1 379 400 00 1 979 400 00
1987 -88 600 000 00 1 342 800 00 1 942 800 00
1988-89 600 000 00 1 307 400 00 1 907 400 00
1989-90 700 000 00 1 272 000 00 1 972 000 00
1990-91 700 000 00 1 230 700 00, 1 930 700 00
1" 1-92 700 000 00 1 189 400 00 1 889 400 00
1992-93 800 000 00 1 148 100 00 1 948 100 00
1993-94 800 000 00 1 100 900 00 1 900 900 00
1994-95 800 000 00 1 053 700 00 1 853 700 00
1995-96 900 000 00 1 006 500 00 1 906 500 00
1996-97 1 900 000 00 952 500 00 2 852 500 00
1997-98 3 500 000 00 838 500 00 4 338 500 00
1998-99 3 500 000 00 625 000 00 4 125 000 00
1999 -00 3 500 000 00 411 500 00 3 911 500 00
2000-01 3 600 000 00 198 000 00 3 798 000 00
$26 000 000 00 23 955 000 00 49 955 000 00
Portion Payable by Regional System
Per Schedule A-3
(50% of Total)
FISCAL
YEAR PRINCIPAL INTEREST TOT.0
1980 ,81 $ 200 000 00 775 100 00 975 100 00
1981-82 200 000 00 762 900 00 962 900 00
1982-83 250 000 00 750 700 00 1 000 700 00
1983-84 250 000 00 735 450 00 985 450 00
1984-85 250 000 00 720 200 00 970 200 00
1985-86 250 000 00 704 950 00 954 950 00
1986-87 300 000 00 689 700 00 989 700 00
1987-M 300 000 00 671 400 00 971 400 00
1988-89 300 000 00 653 700 00 953 700 00
1989-90 350 000 00 636 000 00 986 000 00
1990-91 350 000 00 615 350 00 965 350 00
1991-92 350 000 00 594 700 00 9" 701 00
1992-93 400 000 00 574 050 00 974 050 00
1993-94 400 000 00 550 450 00 950 450 00
1994-95 400 000 00 526 850 00 926 850 00
1995-96 450 000 00 503 250 00 953 250 00
1996-97 950 000 00 476 250 00 1 426 250 00
1997-98 1 750 000 00 419 250 00 2 169 250 .00
1998-99 1 750 000 00 312 500 00 2 062 500 00
1999-00 1 750 000 00 205 750 00 1 955 750 00
2000-01 1 800 000 00 99 000 00 1 899 000 00
$13 000 000 00 11 977 500 00 24 977 500 00
4703f-2 7 Of 10
Schedule A-1
GENERAL OBLIGATION SEWER BONDS 1971
PERCENTAGE OF ANNUAL REQUIREMENTS
PAYABLE BY REGIONAL WASTEWATER SYSTEM
PROJECTS FUNDED FRO14 BOND PROCEEDS
REGIONAL
PROJECTS
TOTAL
BOND FUND
PROJ. NO.
DESCRIPTION
EXPENDITURES
3325
Lohmeyer W.W.T.P. Land Acquisition
$ 256,514
3572
Force Main from Plant C to D
14,773
3574
Force Main from Plant B to D
36,639
3575
Force Main from Plant A to D
3,760,058
3846
Central District 22 M.G.D. W.W.T.P
17,493,570
4082
Sludge Force Mains Plant D to A
10,212
4083
Regional Pumping Sation D-54
2,010
4137
Interim Outfall at Port Everglades
32,372
4140
Effluent Filters - Regional W.W.T.P.
212,600
4326
Chlorination Facilities - Regional W.W.T.P.
50,405
4343
0 & M Manual - Reg. Pumping Station D-54
785
4344
0 & M Manual - Reg. Interceptor
165
3998
User Charges - Regional W.W.T.P.
76
Total $21,870,179
Less: EPA Grant Funds Received 14,774,267
Total Net Regional Expenditures $_7,095,912
NONREGIONAL PROJECTS
Total Expenditures
Less: EPA Grant Funds Received
Total Net Nonregional Expenditures
Total Net Regional and Non Regional
Expenditures
PERCENTAGE OF NET EXPENDITURES ATTRIBUTABLE
TO REGIONAL, PROJECTS:
7,095,912
.— 78%
9,079,727
$ 4,320,:42
2,336,327
$ 1,983,815
$ 9,079,727
4703f-6
8 of 10
4-
Schedule A-2
WATER AND SEWER REVENUES BONDS, SERIES 1973
PERCENTAGE OF ANNUAL REQUIREMENTS
PAYABLE BY REGIONAL WASTEWATER SYSTEM
PROJECTS FUNDED FROM BOND PROCEEDS
REGIONAL PROJECTS BOND FUND
EXPENDITURES
PROJ. NO. DESCRIPTION AS OF 5 /31 /81
3572
Force Main from Plant C to D
$ 2,944,010
3574
Force Main from Plant B to D
22,471
3575
Force Main from Plant A to D
294,778
3846
Central District 22 M.G.D. W.W.T.P
695,762
4083
Regional Pumping Sat i on D-54
218,041
4137
Interim Outfall at Port Everglades
686,989
4326
Chlorination Facilities - Regional W.W.T. P.
19626,307
4343
0 & M Manual - Reg. Pumping Station D--54
-0-
4344
0 & M Manual - Reg. Interceptor
-0-
4690
Force Main - Northern Interceptor
1,261
4707
North Interceptor & Pump, Stations
345,715
4795
Force Main - N. Federal Hwy. (completed)
80,558
4805
Effluent Disposal - Engineering Services
304,112
7089
Effluent Disposal System - Consulting Eng.
3,924,200
7153
Reg. Plant Peroxide Treatment (completed)
1,634
7189
Reg. W.W. T. P. Expansion
2,066,027
7264
Centr. Reg. Repump Station
1,991,694
7265
N. Interceptor - New Pump Stations
9
7266
N. Interconnector Force Main
2,632,777
Transfer to G.Q.B. '71 Fund (78b)
4482660
Total Regional Expend. to 5/31/81
_
181185,005
Add:
Estimated Costs to Complete Open Projects
11,451,152
Balance Available at 5 /31 /81 to be used for
Regional Projects
244,830
Estimated Total Regional Expenditures
29,880,987
Deduct:
EPA Grant Payments Received
10,019,320
EPA Funds to be Received on Approved Projects
5,053,399
Estimated Total Net Regional Expenditures 14,808,268
NONREGIONAL PROJECTS
Total Expenditures to 5/31 /81
Add: Estimated Costs to Complete our Open Projects
Estimated Total Nonregional Expenditures
Dedcut: EPA Grant Payments Received
EPA Funds to be Received on Approved Projects
Estimated Total Net Nonregional Expenditures
Estimated Total Net Regional and Nonregional
Expenditures
PERCENTAGE OF NET EXPENDITURES ATTRIBUTABLE
TO REGIONAL PROJECTS:
14, 8081268,E 67%
21, 947, 030
$ 79170,865
731.334
7,902, 199
752,815
101622
7,138, 762
$21, 947, 030
4703f
Ore M us
Schedule A-3
WATER AND SEWER REVENUE BONDS, SERIES 1978
PERCENTAGE OF ANNUAL REQUIREMENTS
PAYABLE BY REGIONAL WASTEWATER SYSTEM
PLANNED
REGIONAL PROJECT EXPENDITURES NET OF EPA PORTION:
PROJ.
NO.
DESCRIPTION
LOCAL SHARE
7625
Wastewater pump station modification/Northern
Interceptor
$ 325,000
7190
Wastewater pump station/N.W. 6th Street
857,172
7189
Lohmeyer Regional Wastewater Treatment Plant expansion
9,375,000
7089
Regional effluent disposal wells
3,750,000
Total $ 14, 307, 172
FUNDS AVAILABLE FOR PROJECT EXPENDITURES:
Bond Issue Proceeds (Net of $390, 000 Discount) 25, 610, 000
Less Band Issue Expenses as of 9/30/80 14
Subtotal 25, 506, 646
Add Interest Earnings to 9/30/80 3 391
Total Available for Regional and
Nonregional Projects as of 9/30/80 $ 28, 849, 537
PERCENTAGE OF FUNDS TO BE USED FOR REGIONAL PROJECTS:
14,307,172
28, 849, 537
4703f 10 of 10
Apendix B
I. FIXED ASSETS OF THE REGIONAL SYSTEM
Map B-1 shows the location of all fixed assets of the Central
Regional
Waste-
water System. As stated in Section 5.5.1, these assets will
be accounted
for
within a separate accounting entity and
will
not be mingled
with regular
City
of Fort Lauderdale fixed assets.
^ Table B-1 presents a description of the
System's fixed assets,
showing
the
various components of each. The costs
and estimated costs
of the assets
are
also presented. These costs include the
Environmental
Protection
Agency's
share of eligible projects.
Table B-1
CENTRAL REGIONAL
WASTEWATER
SYSTEM
FIXED
ASSETS
Expenditures
Map
Capitalized
Additional
Total or
Loca-
Proj.
as of
costs to
Estimated
ti.on Description
No.
9/30/80
Complete
Total Cost
A NW 6th St. W/W Treatment Plant
Force Main -- Plant A to D
3575
$ 3,994,332
8601426
4,854,758
Sludge Force Main - Plant D to A
4082
13,415
-0-
13,415
0 & M Manual - Reg. Interceptor
4344
-0-
6,000
6,000
Modification and Pump Station
7190
-0--
31429,778
3,429,778
4:007,747
4,296,204.
81303,951
B Coral Ridge Norther Interconnector
'-'. Force Main - Plant B to D
3574
-0-
6,860,051
6,860,051
k,,� Force Main - N. Federal Highway
4795
80,558
-0--
80,558
A* Central Region Repump Station
7264
-0-
2,410,013
2,410,013
Force Main
7266
-0-
3,939,425
3,939,425
80,558
1_3, 209, 489
u
_
13, 290, 047
C Western Interconnector
Force Main from Plant C
3572
2,695,879
639,682
3,335,561
Pump Station D-54
4083
-0-
300,329
300,329
0 & M Manual for D--54
4343
-0-
61000
01000
2,695,879
_
946,011
-_
3�641, ,390
D G.T. Lohmeyer W/W Treatment Plant
Central Dist. ic,t 22 MGD Plant
3846
18, 189, 332
83,102
18, 272, 434
User Charges (Dropped)
3998
76
-0-
76
Interim Out£all Line
4137
719,361
62,057
7817418
Chlorination Facilities
4326
1,676,712
134,493
1,811,205
Hydrogen Peroxide Treatment
7153
1,634
-0-
1,634
Reg. Effluent Disposal Wells
7089
-0-
20, 384, 039
20,334,039
Plant Expansion
7189
-0-
41,909,163
41,909,163
Seal Coat Parking Lot
7369
-0-
500
500
Oxinite Odor Control System
7638
-0-
9,000
9,000
Effluent Filters
4140
2122600
-0-
212,600
20,799,715
6225822354
83L382,069
D G.T. Lohmeyer Plant -- Land
Acquisition of Land on Sliphead
Road - West of and Adjacent
to Plant
3325
256,514
-0-
_ 2562 514
y
E Northern Interceptor
Force Main
4690
--0--
11261
1,261
Interceptor and Pump Station
4707
-0-
560,353
560,353
New Pump Stations
7265
-0-
1,289,850
1,289,850
Force Main Sec. NW 9 to 12 Ave
7320
1007531
-0-
100,531
Pump Station Modification
7625
--0-
�100I
-1z300�000
__12300 000
531
31 51 _G64
3L2 11 995
TOTAL ALL ASSETS 27, 940, 944 84,185, 522 1 ] ?2 126L466
* As any other projects are identified as fixed assets of the regional system,
they will be added to this list.
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x s APPENDIX C
i
I ,
i
/ I
' I
I i
J/ I /
rl /
u I
I /
r IO
4I /
APPENDIX D