Res 14-73 RESOLUTION NO. 14-73.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, APPROVING AN AGREEMENT
TO BE ENTERED INTO BY USERS OF INTERIM TREATMENT
PLANTS FOR SEWAGE PURSUANT TO GUIDE LINES ESTAB-
LISHED BY THE FLORIDA DEPARTMENT OF POLLUTION
CONTROL AND THE AREA PLANNING BOARD OF PALM
BEACH COUNTY.
WHEREAS, the temporary operating permit issued to the City
by the Florida Department of Pollution Control authorized interim
treatment plants meeting certain standards and conditions of
installation and operation; and
WHEREAS, the Area Planning Board of Palm Beach County has
adopted local guide lines for installation and operation of
interim sewage plants in Delray Beach; and
WHEREAS, for the City to facilitate implementation of
Federal, State and County requirements, local guide lines have
been established by the City of Delray Beach for the benefit of
all parties desiring to obtain wastewater disposal service for new
construction with the Delray Beach service area; and
WHEREAS, the Area Planning Board of Palm Beach County has
approved the attached agreement,
THEREFORE, be it resolved by the City Council of Delray
Beach, Florida, that:
1. The attached agreement titled "Interim Sewage Plant
Agreement for City of Delray Beach, Florida" shall be used by the
City for all those qualifying for the use of interim treatment
plants pursuant to established criteria.
2. The City administration is authorized to act for the
City in entering into said agreement with each qualifying applicant.
3. Copies of this resolution, including the a~tached
agreement, shall be forwarded immediately to the Florida Board of
Pollution Control and the Area Planning Board of Palm Beach County.
4. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED on this 26th day of March , 1973.
ATTEST
City Cle~
INTERIM SEWAGE TREATMENT PLANT AGREEMENT
for
CITY OF DELRAY BEACH, FLORIDA
THIS AGREEMENT made and entered into this day of
1973, by and between the CITY OF DELRAY BEACH, hereinafter referred
to as "City" and
hereinafter referred to as "Developer".
WITNE S SE TH:
WHEREAS, as provided in the "Plan for Regional Water Supply,
Treatment and Distribution; and Regional Sewage Collection, Treatment
and Disposal" for Palm Beach County, Florida, promulgated by the A~ea
Planning Board of Palm Beach County, March 11, 1972, and subsequently
approved by the Florida Department of Pollution Control, the City of
Delray Beach has been designated as the Agency responsible for water
treatment and/or sewage treatment and disposal service within the
Delray Beach service area; and
WHEREAS, implementation of that responsibility is subject to
regulations and requirements of the:
(1) Area Planning Board of Palm Beach County,
(2) Florida Department of Pollution Control and,
(3) U. S. Environmental Protection Agency; and
WHEREAS, on J~nuary 15, 1973, the City of Delray Beach received
a Temporary Operation Permit with certain stipulations pertaining to
continued operation of the existing sewerage facilities and ocean out-
fall system. One of the stipulations provided for additional connec-
tions to the sewerage system by utilization of package treatment
plants, providing a minimum of 9~/o treatment (BOD and SS removal).
Another stipulation provided that the use of such plants must be dis-
continued and that they must be removed from the system as soon as
the City's regional treatment plant is placed in operation; and
WHEREAS, the Area Planning Board's regional plan requires that
such interim plants be placed under direct control, operation and
maintenance of the City of Delray Beach, the area Agency; and
WHEREAS, at the Area Planning Board of Palm Beach County meeting
held on February 22, 1973, the policy of the APB was changed to permit
interim sewage treatment plants in Delray Beach providing that they
meet APB and DPC and local guidelines for installation and operation;
and
WHEREAS, to facilitate implementation of Federal, State and
County requirements for Developer desiring to obtain waste water dis-
posal service for new construction within City's service area;
NOW, THEREFORE, in consideration of the mutual covenants,
promises and representations herein, the parties hereto agree as
follows:
A. It is mutually agreed as follows:
1. That this agreement is supplementary and in addition to
Federal, State and County requirements and guidelines for design, per-
mits and approvals, operation and maintenance.
2. That prior to submittal to high authorities for permits
and approvals, plans and specifications for interim package wastewater
treatment plants and the information required by higher authority,
including a legal description and survey of the plant site, must be
submitted to and approved by the City of Delray Beach. Such submittals
shall be made directly to the office of the City Engineer. The City
approval by the City Engineer of such application will constitute
merely a pro-forma approval subject to subsequent action by higher
authorities and, as such, will not be sufficient authority for issuance
of any construction permits.
3. That upon conditional approval by the City, the applicant
will be required to submit the necessary application and documents to
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the Area Planning Board of Palm Beach County and the Palm Beach County
Health Department for further processing to the Florida State Depart-
ment of Pollution Control in accordance with the regulations of those
agen cie s.
4. That no construction of interim treatment plants shall
be started until the applicant has received the required approvals of
all County and State regulatory agencies, and a copy of the plans
finally approved filed with the City Engineer, as well as appropriate
building permits as may be required by the Municipal or County agency
having building-permit jurisdiction at the interim plant site.
5. That this agreement is in addition to, and does not
supplant any established regulations covering zoning, site planning,
engineering, building permits, or any other provisions of subdivision
and land development regulations as may be in effect pertaining to
the area to be serviced by the interim package wastewater treatment
plant.
6. That no certificate of occupancy shall be issued for
units utilizing the treatment plant until approval of the interim
plant and permanent connection facilities have been approved and
accepted by the City.
7. That where the permanent connection will not be dedicated
through a recorded plat, such dedication shall be made by appropriate
instruments at the time of execution of this agreement.
B. Developer agrees as follows:
1. Upon completion of treatment plant, to lease at no
charge the treatment plant and site for temporary ownership and opera-
tion by the City for full control and maintenance by the City until
24 hours (l!d~y) after receipt of said letter referred to in 2 (a)
following:
2. Post a bond in an amount as determined by the City
Engineer. Such bond is to provide for:
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(a) The immediate permanent connection to the City's
system and disconnection of the interim treatment plant upon receipt
of written notification by certified mail to developer that City's
new sewage treatment plant is ready to receive Developer's sewage, and
(b) The removal from the City of the interim treatment
plant within 60 days after date of mailing said letter in (a) above.
3. As an integral part of the treatment plant, to install
the necessary facilities for permanent transmission of sewage to the
City's sewage collection system at a point in the City's proposed
system as determined by the City Administration and the City's con-
sulting engineers. Such permanent connection from Developer's
collection system shall provide valves and piping as necessary for
immediate disconnection of the interim plant from sewers in the
Developer's area within 24 hours after receipt of said notice in 2 (a)
above.
4. To have an interim treatment plant which will:
(a) Dispose of all liquid effluent into the present
City collection system.
(b) Provide easy access to and within the plant site
for removal of solid waste, sludge, etc.
5. During the period of operation and maintenance of interim
plants by personnel of the City of Delray Beach, the Developer will be
charged for such operation and maintenance in addition to the normal
sewage system connection charges and monthly service rates currently
applied to all other similar users (or "customers") of the City's
sewerage system. Such charges will be based on the design capacity
of the plant and shall be paid by ~eveloper monthly in advance.
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Average No. Monthly
Size of Plant of Units Operatinq Charge
10,000 gals/day 30 $ 300
15,000 gals/day 45 $ 425
20,000 gals/day 60 $ 540
* 50,000 gals/day 150 $ 1,080
100,000 gals/day 300 $ 1,485
200,000 gals/day 600 $ 2,430
400,000 gals/day 1,200 $ 3,720
* Min. size interim STP permitted by APB of PBC
C. City agrees to:
1. Operate the interim plant upon receiving the lease and
acceptance by the City Engineer.
2. Release the bond upon the permanent conversion to the
City sewage system and removal of interim plant from City.
D. The parties have read and understand the whole of the above
Agreement and now state that no representation, promise or agreement
not expressed in this Agreement has been made to induce either party
to enter into it.
IN WITNESS WHEREOF, the Developer and the City have hereunto
caused to be affixed the signatures and seals of their respective
officers on the day and year first above written.
CITY OF DELRAY BEACH,
(SEAL) a Municipal corporation
ATTEST: By:
(SEAL)
ATTEST: By:
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared
of the City of Delray Beach, Florida, and acknowledged that they
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are the appropriate City officials qualified to execute the foregoing
Agreement ~nd that they have executed said Agreement for the purposes
therein expressed.
SWORN TO AND SUBSCRIBED before me this day of
1973.
Notary Public, State of Florida at Large
My Commission Expires
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared
of and
acknowledged that they are the appropriate corporate officials
qualified to execute the foregoing Agreement and that they have
executed said Agreement for the purposes therein expressed.
SWORN TO AND SUBSCRIBED before me this day of
1973.
Notary Public, State of Florida at Large
My Commission Expires
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