77-GRESOLUTION NO. 77-.G
A RESOLUTION-OF THE CITY OF BOYNTON BEACH, FLORIDA, REQUESTING
CONSIDERATION OF FLORIDA LEGISLATURE FOR REIMBURSEMENT OF FUNDS
REPRESENTING COST AND INDEBTEDNESS INCURRED FOR CONSTRUCTION OF
CITY'S EXISTING WASTEWATER TREATMENT PLANT, AND COST FOR MANDATED
REGIONAL TRANSMISSION FACILITIES.
WHEREAS, the City of Boynton Beach, Florida, has, with the approval
of the State of Florida Department of Health and the D. E. R., purchased,
imprOved, upgraded and expanded a wastewater treatment plant, including
an Intracoastal Waterway outfall during the period March, 1960, to July,
1975, at a cost of $3,478,343.00; and
WHEREAS, the amount of the outstanding principal indebtedness of
the City for construction of said wastewater treatment plant and outfal}
is presently $3,318,750.00 (8/1/76) and if said bonded indebtedness con-
tinues to maturity will total $5,492,620.00; and
WHEREAS, the City has been mandated to construct certain transmission
facilities to the South Central Regional Wastewater Treatment Plant at an
estimated net cost to the City of $976,250.00; and
WHEREAS, pursuant to Public Law 92-500, the Water Quality Management
Plan was adopted by the Area Planning Board of Palm Beach County, Florida,
and approved by the State of Florida Department of Environmental Regulation
(hereafter referred to as "D.E.R.") and the United States Environmental
Protection Agency (hereafter referred to as "E.P.A."), Which Plan dictated
that the existing City wastewater treatment plant be removed from service
upon completion of the South Central Regional Wastewater Treatment facility;
and
WHEREAS, as part of the City's Step II Grant Application to the E.P.A.,
the City's consulting engineers, Russell & Axon, prepared a Cost Effective
Analysis setting forth the alternate methods for developing a wastewater
delivery system from the City to the regional facility, as required by D.E.R.
and E.P.A.; and
WHEREAS, said Cost Effective Analysis indicated that, in view of the
probability that the regional facility would be overloaded or very near
capacity at the time of completion of con:struction, it would be most cost
effective and feasible to continue to use the capacity of the City's existing
wastewater treatment plant for a reasonable period of time subsequent to the
installation of the regional facility; and
WHEREAS, despite the conclusions reached in the Cost Effective Analysis,
the E.P.A., based on its 'interpretive rulings set forth in 40 CFR 35920-3(b),
together with the D.E.R., have mandated that the City's existing wastewater
treatment plant be eliminated immediately upon completion of the regional
plant and transmission facilities and that the City would not be entitled to
recover theaforesaid outstanding cost and indebtedness due on its existing
plant; and
WHEREAS, the aforesaid mandate to phase out the City's existing waste-
water treatment plant and refusal to reimburse the outstanding cost and debt
due thereon deprives .the citizens of the greater Boynton Beach area their
right under the United States Constitution and the Constitution of the State
of Florida to receive just compensation for property which has been effectively
sequestered from them. without'due process of law; and
WHEREAS, the City of Boynton Beach will be forced to expend an amount
substantially equal to. the outstanding debt due on its existing wastewater
treatment plant as its contributive share of the cost of constructing the
regional facility, as well as the effluent force main and lift stations
connected therewith.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA:
Section 1: That the City of Boynton Beach, Florida, hereby respectfully
requests that the Florida State Legislature, in its next legislative session,
consider the inequity of the aforesaid circumstances under which the City of
Boynton Beach is being required to expend monies itwice for the same purpose
and, in view thereof, adopt a Claims Bill providing for reimbursement in the
amount of $4,454,593.00 to the City of Boynton Beach', which will be utilized
for the exclusive purpose of retiring the outstanding indebtedness of the
City due bond holders of bonds issued by the City for the construction of the
City's existing wastewater treatment plant, and construction of aforesaid
regional transmission facilities.
Section 2: That the proper City Officials are hereby authorized and
directed to present this Resolution on behalf of the City Council of the
City of Boynton Beach, Florida, to the Florida Legislature at its next
legislative session.
Section 3: This Resolution shall become effective immediately upon its
passage.
Sec%lon 4: Resolution ~76-RR~ enacted by the City Council on
~he 3rd day_ of August~ 1976~ is hereby rescinded.
PASSED AND ADOPTED this
_day of
1977
By:
CITY OF BOYNTON BEACH, FLORIDA
C ounc i lmember--
ATTEST:
City
(Corp. Seal)