Loading...
R01-188RESOLUTION R 01- I ~, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, PROVIDING FOR THE SATISFACTION OF THE CITY'S CONNECTION FEES AND CAPITAL FACILITIES CHARGES BY PALM BEACH COUNTY ON BEHALF OF THE RESIDENTS OF TUCKS ROAD SO ELECTING; AND PROVIDING AN EFFECTIVE DATE. VOtEREAS, Palm Beach County is planning to install water and wastewater lines along Tucks Road, which lies within the City's utility service area, in order to provide water and wastewater service to its residents; and WHEREAS, as an incentive for residents to utilize these improvements, the County is willing to pay the required fees to the City and amortize the costs to the residents over a twenty-year period; and WHEREAS, approval of this Agreement will expedite payment of the required fees to the City. NOW, THEREFORE, BE IT RESOLVED BY TItE CITY COMMISSION OF TttE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute the Agreement with Palm Beach County; copy of said Agreement being attached hereto as composite Exhibit "A". Section 2. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this l~' day of May, 2001 _.~..~..ce Mayor Commissioner Commissioner Commissioner San~li, Bett)/. From:' Conboy, Barb ant: Thursday, May 24, 2001 2:11 PM 3: Sangi Betty c: Guidry, John Subject: Resolution R01-188 Betty, I just received a copy of letter to G. Webb transmitting 3 partially executed agreements, when you get fully executed one back the Utilities Department will need a copy. You can send it to my attention. Thanks, Barb Conboy The City of Boynton Beach  Cify Clerk's Office 100 E. Boflnton Beach Boulevard P.O. Box 310 Boflnton Beach, Florida 33425-0310 (561) 742-6060 FAX: (561) 742-6090 May 23, 2001 Mr. George T. Webb, P. E., County Engineer Palm Beach County Dept. of Eng. & Public Works Engineering Services Division P. O. Box 21229 West Palm Beach, FL 33416-1229 RE: RESOLUTION #R01-188 & TI-IREE PARTIALLY SIGNED AGREEMENTS Dear Mr. Webb: Attached please find a copy of the above mentioned resolution and three partially original agreements pertaining to the same. Thank you in advance for returning one fully executed original to me for our Central Files. If you have any questions concerning this, please do not hesitate to contact me. Sincerely, CITY OF BOYNTON BEACH Betty Sangi, ~cting City Clerk C: John Guidry Pete Mazzella "An Equal Opportunity/A~'rmative Action/ADA Employer" AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, FLORIDA PROVIDING FOR THE SATISFACTION OF THE CITY'S CONNECTION FEES AND CAPITAL FACILITIES CHARGES BY PALM BEACH COUNTY ON BEHALF OF THOSE RESIDENTS OF TUCKS ROAD SO ELECTING THIS AGREEMENT, made and entered into this day of , 2001, by and between the COUNTY OF PALM BEACH, a political subdivision of the State of Florida, hereinafter called and referred to as the "COUNTY" and the CITY OF BOYNTON BEACH, a municipality in the State of Florida, hereinafter called and referred to as the "CITY". WI TNE S S E TH WHEREAS, the CITY and the COUNTY are authorized to enter into this agreement pursuant to Section 163.01, Florida Statutes, as amended, which permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, the COUNTY has caused to be constructed water and sewer facilities on Tucks Road which is in the Boynton Beach Utilities service area; and WHEREAS, upon completion of construction, the water and sewer facilities will become the property of, and will be operated and maintained by the "CITY"; and WHEREAS, the "CITY" collects connection fees and a capital facilities charge to cover the cost of existing or additional wa5er and sewer treatment facilities from residents as they connect to the water and sewer facilities; and WHEREAS, the "CITY" requires that each resident enter into a Water Service Agreement with the "CITY"; and W~EREAS, said connection fees and capital facilities charges can impose a hardship and remove any incentive to voluntarily connect to the water and sewer facilities; and W~EREAS, the "COUNTY,, is willing to satisfy the connection fees and capital facilities charges for those residents of Tucks Road who so desire, and allow them to pay the "COUNTY" back over a twenty year period through the assessment process. NOW, THEREFORE, AND IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES TO THIS AGREEMENT AGREE AS FOLLOWS: 1. The recitals set forth above are hereby adopted and incorporated in this Agreemens. 2. The "COUNTY" agrees to: A. Upon completion of the waser and sewer facilities, notify the residents of Tucks Road that they have a limited time period in which they can enter into a water service agreement with the "CITY" in order to take advantage of the "COUNTY" paying their connection fees and capital facility charges. B.Provide the "CITY" with a list of property owners on Tucks Road. C. Upon receipt of a list from the "CITY" showing the name, address, and individual connection fees and capit, al facility charges for each property owner on Tucks Road who have taken advantage of this arrangement along with an invoice for the total charges, pay to the "CITY" the full amounu shown on the invoice. The "CITY" agrees to: A. Allow those property owners on Tucks Road electing to have the "COUNTY,, pay their connection fees and facilities charges to execute a Water Service Agreement and immediately connect to the water and sewer system~ B. Prepare a list of those property owners on Tucks Road taking advantage of this Agreement and forward it along with an invoice for the total fees and charges to the "COUNTY". This Agreement shall be executed in triplicate and the "COUNTY" shall retain two (2) and the "CITY" shall retain one (1) copy. All shall be considered an original. Any and all notice required or permitted to be given here under shall be deemed received five (5) days after same are deposited in U.S. Mail sent via certified mail, return receipt requested. All notices to the '"CITY" shall be sent to: The City of Boynton Beach 124 S.E. 15th Avenue BoYnton Beach, Florida 33435 ATTENTION: John A. Guidry, Director of Utilities Ail notices to the "COUNTY" shall be sent to: George T, Webb, P.E., County Engineer Engineering and Public Works Department P.O. Box 21229 West Palm Beach, FL 33416 ATTENTION: Engineering Services Division 6. ENTIRE AGREEMENT. This agreement constituses the entire contract between the parties hereto and supersedes all prior understandings, if any. There are no other oral or written promises, conditions, representatives, understandings or terms of any kind as conditions of inducement to the execution hereof and none have been relied upon by either party. Any subsequent conditions, representatives, warranties or agreements shall not be valid and binding upon the parties unless they are in writing and signed by both parties and executed in the same manner as this Agreement. 7. SEVERABILITY: In the event any term or provision of this Agreement shall be held invalid, such invalid term or provision hereof and all such other terms and provisions hereof shall be enforceable to the fullest extent permitted by law as if such invalid term or provision had never been a part of this Agreement. 8. EFFECTIVE DATE: This Agreement shall become effective upon its execution by the "COUNTY" and the "CITY". 9. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 10. This Agreement shall be recorded in the public records of Palm Beach County pursuant to Section 163.01, Florida Statutes. IN WITNESS W~ER~OF, the County of Palm Beach, Florida, has caused this Agreement to be signed by the Chairman of the Board of County Commissioners and the seal of said Board to be affixed hereto and attested by the Clerk of said Board, pursuan5 to authority granted by said Board, and the "CITY" has caused this Agreement to be signed in its name by its Mayor and its seal to be affixed hereto, attested by its Clerk, the date and year first above written. CITY OF BOYNTON BEACH MAYOR Ronald R. Weiland,Vice Mayor PALM BEACH COUNTY, FLORIDA, CHAIRMAN, BOARD OF COUNTY COMMISSIONERS By: ATTEST: DOROTHY H. WlLKEN, CLERK By: APPROVED AS FOR FORM ~ LEGAL SUFFICIEN~ By: 2 TO APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: COUNTY ATTORNEY