Res 25-69 RESOLUTION NO. 25-69.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF
DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, AND
THE TO~ OF HIGHLAND BEACH, FLORIDA, WHEREBY
THE CITY OF DELRAY BEACH AGREES TO MAKE AVAIL-
ABLE ITS SANITARY SEWERAGE OCEAN OUTFALL SYSTEM
FOR THE DISPOSAL OF SANITARY SEWAGE FROM THE
COL~CTION AND TRANSMISSION SYSTEM OF HIGHLAND
BEACH, FLORIDA.
BE IT RESOLED, by the City Council of the City of Delray Beach,
Florida, a Florida municipal corporation, as follows:
WHEREAS, the City of Delray Beach, hereinafter designated the
"CITY", maintains and operates a Sanitary Sewerage Ocean Outfall Sys-
tem which will make possible the discharge of sewage from the Town of
Highland Beach hereinafter designated the "CUSTOMER", into the Atlan-
tic Ocean with the construction of a force main; and
WHEREAS, the CUSTOMER desires to construct a sewage collection
system with a transmission system to be constructed by the CUSTOMER,
for discharge of wastes into the CITY's Ocean Outfall System; and
WHEREAS, the CUSTOMER has requested the CITY to make available
the Sanitary Sewerage Ocean Outfall System for the disposal of sani-
tary sewage from the CUSTOMER's sewage collection and transmission
system, and the CUSTOMER desires and has requested permission to con-
nect their sewage collection and transmission system to the CITY's
Sanitary Sewerage Ocean Outfall System; and
WHEREAS, the CITY desires to grant permission to the CUSTOMER
to connect its sewage collection and transmission system as herein
described, providing that the same is constructed completely at the
cost of the CUSTOMER; and
THEREFORE, in consideration of the mutual covenants to be kept
and performed by the parties hereto, and in further consideration of
the payment of TEN DOLORS ($10.00) and other good and valuable con-
siderations, by each party paid to the other, the CITY agrees to pro-
vide the sewage disposal service as described in the "Agreement" sub-
ject to all terms, conditions and covenants set form in said "Agree-
ment'' which is attached hereto and made a part hereof.
This Resolution shall take effect immediately upon its passage.
PASSED AND ADOPTED this 12th day of May, 1969.
ATTEST:
CONTRACT FOR THE DISPOSAL OF
PRETREATED SANITARY SEWAGE
THIS AGREEMENT, made and entered into this //,/ ~ day
of /.~.. .~/_ , 1969, by and between the CITY OF DELRAY
BEACH, Pal~/Beach County, Florida, a municipal corporation, or-
ganized and existing under the laws of the State of Florida, here-
inafter designated the "CITY", and the TOWN OF HIGHLAND B[iACH, a
municipal corporation organized and existing under the laws of
the State of Florida, hereinafter designated the "CUSTOMER"; an~-~
WHEREAS, the CITY owns, maintains 'and operates a Sani-
tary Sewerage Ocean Outfall System which will make possible the
discharge of sewage from the CUSTOMER into the Atlantic Ocean
with the construction of a for, e main; and
WHEREAS, the CUSTOMEk desires %,~ onstruct a sewage
collection system with a transmission system ~o be constructed
by the CUSTOMER, for discharge of wastes into t~, [TY's Ocean
Outfall System; and
WHEREAS, the CUSTOM~.R has requested the Clt ~ %o make
available the Sanit~,%~ Sewerage Ocean Outfall System ~ the dis-
posal of sanitary ~,~e from the CUSI~,~i,. ~ ~ewage coll~.ction
and transmission system, and the CUS%'O~n~ .~_~ . and ha~ ~'e-
quested permission ~o connec~ their se~ ..... ~?oL]~<~ ~n and Lrans-
mission system to the CITY's Sanitary ~ ~ Outfall Sys-
tem; and
WHEREAS, the CITY desires to grant pc. -,on to the
CUSTOMER to connect its sewage collection and transmission
as herein described, providing that the same is constructea com-
pletely at the cost of the CUSTOMER; and
WHEREAS, the CITY is willing to pr. the sewage ~.~s-
posal service described herein, if all of the terms and cond~
hereinafter shall be observed and carried into effect.
THEREFORE, in consideration of the mutual covenants
to be kept and performed by the parties hereto, and in further
consideration of the payment of TEN DOLLARS ($10.00) and other
good and valuabie considerations, by each party paid to the
other, the receipt of which is hereby acknowledged, the parties
hereto do covenant and agree as follows:
1. The CUSTOMER shall at itm sole cost and expense
construct a sewage collection, treatment and transmission sys-
tem within the CUSTOMmR's corporate limits and extending by
force main to the CITY's existing ocean outfall line at Atlan-
tic Avenue. After construction of the system and force main,
that part within the CITY shall become the pr6perty of the CITY
and shall be maintained by the CITY. %~e CUSTOMER will maintain
all of the system Within its corporate limits. It is further
provided and agreed that the CITY, acting on its _~n or through
its Consulting Sanitary ~n ~neers, will review ano ~rove all
construction plans and speclfocations, at its own ex ~. se prior
to their submission to the State Board o~ Health. A]~ ,onstruc-
ted works will be inspected to the satis~ac~io~'~ ~f the c¥~Y, and
approved, as above provided, prior to the date the proposed sys-
tem is put into operation. The cost of any additional e~ ~ineer-
ing work resulting from suc]~ £eview, inspection and approval will
be borne by the CUSTOMER.
2. The CUSTOMER also agrees to bear ~ entire cost
and expense of obtaining such easements as may be ~eeded. The
CITY will cooperate with the CUSTOMER in obtaining necessary
easements.
3. Thu disposal service made available by th~
to the CUSTOMER shall be for the gallonage capacity
area described as followm~
-2-
GA~LONAGE CAPACITY: The gallonage
capacity which the CITY shall make
available to the CUSTOMER for dis-
posa] of sanitary sewage into and
thr~ .;}~ the CITY's Sanitary Sewer-
age Ocean Out fall System shall be
up to and including a maximum peak
loa~] 80 millioh g,:llons per month.
SERVICE AREA: The service area from
which the CITv agrees to accep!
treated sanitary sewage for disposal
into and through the CITY's Sanitary
Sewerage Ocean Outfall System shall
be limited to the present municipal
boundaries of the CUSTOME~ as they
exist at the date of execution of
this Agreement.
In the event the CUSTOMER des:'~es to service areas or increase
the gallonage capacity in addition to that. above described, ~nd
desires to dispose of sanitary sewage from such areas or increase
in gallona.[.? capacity delivered to the Sanitary Sewerage Ocean
Outfall System, request for such additional service area or gal-
lonage capacity shall be made in writing to the C'l'I~f and shall
include the estimated peak flow. With respect nc. ~.~¥ such pro-
posed increase in service area, or any service ar~ ~.her than
that above described, the CITY reserves the right .~ a?pro~e or
disapprove any such increase or expansion and further ~>erves
the right to make a separate contract for such increasec or ex-
panded service area~ provided, however, that the CITY shall not
have the right to utilize any portion of the tran~ ~on mazn
constructed by the CUSTOMER for conveyance of sanitary ~ewage
from other areas, without the consent of the CUSTOMER and upon
consummation of satisfactory contractual arrangements covering
such use.
4. The CUSTOMER agrees that it shall not discharge
cause to be discharged into the CITY's Ocean Outfall System
-3-
is hereby covenanted and agreed that no surface dra.inage water
or ground water infiltration shall be permitted to be discharged
into the disposal system. It is hereby further covenanted and
agreed that the CUSTOMER will at all times maintain and operate
its sewerage system in accordance with but not limited to the
requirements of the United States Public Health Service and the
Florida State Board of Health. The sewage to be discharged into
the CITY's Ocean Outfall System shall meet the degree of treat-
ment as provided at the present or in the future by the Florida~
State Board of Health. The cost of all 'maintenance of the CUS-
TOMER's collection and transmission systems shall be paid by the
CUSTOMER. The CITY reserves the right to inspect the CUSTOMER's
collection~ and transmission system if it has found that a viola-
tion exists, to ascertain that it is being maintained in accor-
dance with the requirements of this paragraph. Fo~' purposes of
making such inspections, the CITY shall have the ri. ght to enter
the service area or property of the CUSTOMER as may be required
or necessary under the circumstances, after having c~.~ed CUS-
TOMER personnel and given them an opportunity to accompany CITY
personnel in such inspection. The CiTY and !he CUSTOMER both
agree to carry such liability insurance as would p~otect the
other when either enter onto the property of the other for any
purpose authorized in this Agreemeqt.
5. The quality limitations of Paragraph 4 shall apply
to concentrations or other physical or chemical characteristics
obtained by analysis of a composite sample of the waters or
waste received by the CITY in any 24-hour period, proportioned
to flow. Periodic quality control tests shall be performed by
the CITY. The CUSTOMER shall have the right to perform such
quality control tests as it desires at the point of connection
between its sewage collection and transmission system and the
-4-
CITY's Sanitary Sewerage Ocean Outfall System.
6. The CUSTOMER agrees to purchase a master sewage
meter which will be located immediately north of the northern
terminus of the aforesaid CUSTOMER's transmission line, but in
the corporate limits of the CITY. The meter shall be purchased
by the CUSTOMER and installed at its expense, shall be of a type
mutually agreeable to the CITY and the CUSTOMER and shall, be con-
structed in a meter pit so situated that all sewage collected by
the sanitary sewer facilities of the CUSTOMER and disposed of
through the sewage disposal system of the CITY will be measured
by such meter. The CUSTOMER shall construct the facility as a
portion of its transmission line contract and this master meter
and the transmission main connecting such meter with the CITY's
sewage disposal system shall become the property of the CITY once
accepted, and shall thereafter be read and maintained by the CITY.
In the event such meter shall for any reason fail to function, or
be substantially inaccurate, for any period of time, the flow for
such period of time shall be estimated on the basis of pas~ re-
cords. The CUSTOMER shall have the right to have its personnel
accompany CITY personnel in meter reading and to make inspections
and tests in compan~ with CITY personnel at reasonable ~n%ervals
to verify the accuracy of the meter.
7. It is understo~d and'agreed that suitable facili-
ties will be provided at the meter for the purpose of taking
samples for making laboratory tests and analyses as regard,
degree and quality of sewage introduced into the C~TY'~ system.
8. The CUSTOMER agrees to maintain, at the point of
connection between the CITY's Sanitary Sewerage Oceah Outfall
System and the CUSTOMER's sewage collec%ion and
-5-
requirements and such as will allow proper velocities and opera-
tion in conjunction with the operation of the CITY's Ocean Out-
fall System.
9. The CUSTOMER agrees to pay the CITY for disposal
of its sewage through the. CITY's Ocean Outfall System a sum to
be determined as follows:
(A) The CUSTOMER recognizes that the CITY pre-
sently owns and operates a sewage disposal system including an
ocean outfall li.ne, and the CUSTOMER intends to construct a
force main from its north corporate limit on State Road A1A to
connect with said outfall line to dispose of sewage collect,~d
through the collection and transmission syste~ to be constructed
by the CUSTOMER. It is understood that the determined share of
the amortized cost of the outfall line already in existence as
related to the CUSTOMER's sewage flow is $180,504.00, and it is
agreed that the interest and amortization cost included in the
above figure shall be borne by the CUSTOMER. It is recited for
informational purposes that the Bonds providing the .~'~TY with the
funds for the completed construction bear interest at the rate of
3.6% per annum. It is therefore agreed that there ~hould be a
fixed monthly charg~ of $654.00 per month payable by the CUSTOMER
for twenty-three (23) years from the date fixed charges and gal-
lonage charges commence as outlined in Paragraph (C) below, as
well as an additional gallonage charge per 1,000 gallons of sew-
age handled from the CUSTOMER. This latter charge shall be varia-
ble as hereinafter more particularly described.
(B) The CUSTOMER agrees that the gallonage rate
shall be variable, but initially shall be based on the following
considerations:
a. InCreased eleC%ric power c~s%s $ .003
-6-
c. Insurance costs .0.03
d. Contingencies and miscellaneous, .008
i.e. Increased depreciation on
master lift station and pumps
and controls on Lift Stations
17 and 18.
e. Overhead, i.e. Accounting, .015
billing and auditing
Total $0.035
The monthly gallonage rate schedule shall be as
follows:
0 to 5,000,000 gallons:
$0.0350 per 1,000 gallons.
5,001,000 to 10,000,000 gallons:
$175.00 + $0.0325 per 1,000 gallons
in excess of 5,000,000 gall~?~s.
10,001,000 to 15,000,000 gallons:
$337.50 + $0.0300 per .,000 gallons
in excess of 10,000,000 gallons.
Over !5,000,000- gallons:
$487.50 + $0.0275 per 1,000 gallons
in excess of 15,000,000 gallons.
The CUSTOMER further agrees that in order to guar-
antee such rate schedule, and to make this Agreement acceptable
to the CITY, the CITY must receive a guaranteed monthly amount
of money, over and above the fixed charges, which a~ount shall
be referred to as the Minimum Gallonage Charge. It is agreed
that the total Minimum Gallonage Charge shal~ be the amount of
$100.00 per month.
The above Minimum Gallonage Charge shall remain
fixed for the duration of this Agreement, unless altered under
the provisions of Paragraph 16.
At the initial rate of 3½¢ per thousand gallons,
the Minimum Gallonage Charge will provide the CUSTOMER with a
minimum of 2,857,142 gallons of sewage handled monthly.
If the gallonage r~te chang~, in accordance with
-7-
the provisions of this paragraph, the amount of sewage, handled
by the CITY in exchange for the Minimum Gallonage Charge will be
determined by dividing the Minimum Gallonage Charge by the newly
revised rate.
Over the term of this Contract, it is recognized
that variable costs, as listed above in determining the gallonage
rate schedule, will fluctuate. With the possibility of this
fluctuation in mind, the parties hereto agree that, annually, on
the anniversary date of thc commencement of the charges, the
monthly gallonage rate schedule shall be increased or decreased
at the same percentage increase or decrease of the latest pub-
lished "Consumer Price Index - U. S. City Average, All Items",
with each rate to be rounded off to the nearest one one-hund-
redth of a cent.
(C) The CUSTOMER agrees that in any event, the
total monthly charges due the CITY shall not amount to less than
the sum of $654.00 fixed charges per month and the sum of $100.00
minimum gallonage charges per month, totaling $754.00 monthly
charges for the first twenty-three (23) years following the com-
mencement of these charges and $100.00 per month thereafter.
Said fixed charges and gallonage char~es to the
CUSTOMER shall commence the first day of the calendar month fol-
lowing the date the proposed system is put into operation.
10. The meter readings shall be taken by the CItY on
or before the 30th day of each month. Billing shall be issued
monthly by the CITY and the billings shall become due and pay-
able within fifteen days from the date of billing.
11. The CUSTOMER agrees to pass and enforce an ordi-
nance outlawing the repair and maintenance of septic tanks wilts-
in its corporate limits and within the feasible collection area
-8-
within a 30-day period after its collection and disposal system
is operational, and further to enact legislation requiring the
hook-up to its sanitary system within one hundred twenty (120)
days from said date that its system is operational.
12. The CUSTOMER shall have fifteen (15) days (or suc]~
greater time as may be required, if CITY approves) to correct
any proven violation of the provisions of this Contract brought
to its attention by a written notification from the CITY sent by
registered or certified mail to the CUSTOMER t~ correct the ca~e
of the violation. If such violation continues after the expira-
tion of the 15-day grace period, liquidated damages in the amount
of $100.00 per day may be assessed by the CITY against the CUS-
TOMER for each day said violation is known to continue. The CUS-
TOMER shall not be liable or pay any .damages to the CITY under
this clause for a violation not under their control caused by an
Act of God, fire, strike, casualty, necessary maintenance work,
breakdown of or injuries to machinery, pumps or pipe lines, civil
or military authority, insurrection or riot.
13. The CUSTOMER agrees to hold and save harmless the
CITY for any litigation and/or any damages, including sttorneys'
fees and court costs, resulting from the effects of its improper
introduction into the CITY's Sewerage Ocean Outfall System of
any solid, liquid, gas or other effluent, which may cause damage,
either within or without the Sanitary Sewerage Ocean Outfall Sys-
tem, including but not limited to fish kills, undesirable float-
ing matter and explosions.
14. Any temporary cessation of disposal of sewage caused
by an Act of God, fire, strike, casualty, necessary maintenanCe
work, breakdown of or injuries 5o machinery, p~mps or pipe l~in~,
stitute a breach of this Agreement o,~ ~be part of thc CITY, a~¥_i
-9-
the CITY shall not be liable to the CUSTOMER or its inhabitants
for any damage resulting from such cessation of disposal. In
case of a partial cessation of service the CUSTOMER shall be
treated like all other sewage facilities using the Ocean Out-
fall System.
15. In the event the CUSTOMER is unable to complete
financial arrangements or otherwise comply with the contemplated
plan of development, within one year of its execution, then this
Agreement shall be null and void. The CITY and the CUSTOMER
shall thereupon be free to renegotiate another Agreement.
16. This Contract shall be and remain in full force
and effect for and during a period of thirty ~30) years from and
after the day of , 1969, provided,
however, that this Contract may be terminated ~)r modified at any
time by written mutual consent and agreement of the parties here-
to. The Contract shall enure to and be binding and in full force
and effect upon all successors of each of the parties hereto, and
shall not be assigned by either party without the written consent
of both parties.
17. This Contract shall be subject to the condition
that before it shall be binding on any of the parties hereto, the
CITY and the CUSTOMER shall pass an ordinance or r~.~so]_ution ex-
pressly authorizing the execution of this Contract.
18. In the event either of the par.ties shall fail to
perform any of the covenants hereunder, ~the other party shall
have, in addition to and without prejudice to any other rights
or remedies it may have, the immediate right to mandatory in-
junction or such other judicial process or order as shall be
necessary and proper for enforcing the performanc,, thereof.
19. In the event
-10-
reason, such invalidity shall not affect the remaining sections or
provisions of this Agreement ~hich shall continue in full force and
effect, if the remaining portions constitute an enforceable agree-
~ment. In the event such a Judicial declaration results in frustra-
tion of the purpose of this Contract or 'makes the performance of
this Contract impossible, such adjustment as may be equitable shall
be 'made.
IN WITNESS WHEREOF, said CITY OF DELRAY BEACH, acting by
and through its City Council as the governihglbody, has caused this
Agreement to be executed in its name and on its behalf by the Mayor
of said Council, its official seal to be hereunto affixed, attested
by the Clerk of said City, and the CUSTOMER, a~ting by and through
its official governmental body, has caused this Agreement to be
executed in its behalf by its legal and official representative,
its official seal to be hereunto affixed, attested by the Clerk of
said 'municipality, the day and year first above written.
CITY OF DELRAY BEACH
Palm Beach County, Florida
Attest: /.-
Clerk, City ch Mayor
~a THE "CITY"
(SEAL)
TOWN OF HIGHLAND BEACH
Palm Beach County, Florida
Attest:
, ..~ /
Clerk, Town of Highland Beach ' / Mayor
/~HE "CUSTOMER"
(SEAL)
Approved as to Form:
Attorney for Delray Beach
By '"-' 1. ~ I',
-11-
CONTRACT EXHIBIT
As part of the Agreement entered into this day
of , 1969, the CUSTOMER agrees to have the force
main running along A1A and between Atlantic Avenue, Delray Beach,
Florida, and the location of the master sewage meter at the south
limits of the CITY installed pursuant to the following conditions:
1. Work shall start at Atlantic Avenue and proceed
southerly.
2. The CITY will issue a work permit covering only the
period from May 1st to December 1st in any year. All work under-
taken during this period, including force main installed, road
and sidewalk replacement, grass and shrubbery replacement, and
other items, whether or not specifics]ly mentioned herein, shall
be completed in a workmanlike manner at the termination of this
period, and any work remaining to be done, as specified in the
Contract, shall be deferred until the beginning of the following
period.
3. In the event that the contractor fails to meet any
of the conditions stated in the above paragraphs, the CITY, in
accordance with the provisions of the Contract pertaining to un-
completed work, shall have the right to take over and complete
the items above mentioned, and the.CUSTOMER hereby uncondition-
ally agrees tQ reimburse the CITY for such costs.
4. This Exhibit shall be included in, and made a part
of, the contract under which the work covering the installation
of this portion of the force main is awarded.
RE$OLUT~OM ~0.
A RESOLUTION OF ~E TOWN COMMISSION OF THE
TO.U~ OF HIGHLAND BEACH, FLORIDA, AIfi'HORIZING
T~{E EXECUTION OF AN AGREEMENT BET%~EN THE
CI%~Y OF DELRAY BEACH, PALM BF~ACH COUNTY~
~ORIDA~ AND THE TO%r~J OF HIGHLAND BEACH,
~LORi~,-,.~ ~HER~Bif ~g CI~ OF DEL~AY BEAG~
ACREES ~ ~iaKE A'~SI~.,ABLE ITS SANITARY
S~,~P. AGE ~C~N OU~J%L'L SYST~[ FOR THE
DISPOSAL OF Si%~IT~MtY SE?ACE ~OM
Appropriate Text% offtciai.~, are ]:':ereby authorized te
execute tb.~t certain agreement attached hereto made a
part hereof ~n~ marked Exhibit:: ~
This R,~2solution si~all take effect immediately upon
its pass~.ng
Passed and salon}ted thi? 6tL .~:~ay of May, 1969,