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R93-55RESOLUTION NO. R93-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE mN AGREEMENT FOR SEWER SERVICE FOR ROYAL MANOR MOBILE HOME ESTATES; SAID AGREEMENT BEING ATTACHED HERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Royal Manor Mobile Home Estates is located west of Lawrence Road on both the north and south sides of N.W. 22nd Avenue and contains 437 mobile home units; and WHEREAS, the mobile home park is desirous of connecting to the City's sewer system and the City has sufficient reserve capacity to accommodate the flow from Royal Manor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby authorizes and directs the Mayor and City Clerk to execute an Agreement for Sewer Service for Royal Manor Mobile Home Estates, which Agreement is attached hereto as Exhibit Section 2. upon passage. This Resolution shall take effect immediately PASSED AND ADOPTED this ~ day of April, 1993. CITY OF BOiFNTON BEACH, FLORIDA ~mmissio. y Commissioner ATTE ST: Ci~ Clerk Authsig.WP5 SSer. Royal Manor 4/2/93 AGREEMENT WHEREAS, the City of Boynson Beach, has constructed a Regional Lift Station, generally known as LS 319, as well as connecting force main 319, 317, 359, and Repump Lift Station 317 (hereinafter collectively referred ~o as "LS 3i9")~ and, WHEREAS, the construction of LS 319 was funded tn par5 Dy Protection federal government funds Agency; and, WHEREAS, the City of of the new meter pit Mobile Home Estatess connection". NOW, THEREFORE, MOBILE HOME ESTATES, through the Environmental Boynton Beach has taken possession of Force Main 519, (a/k/a the Windward force main) which was intended 5o ~ransmlt flow from Royal Manor Mobile Home Estases Inc., leaving a connection poln~ a~ NW 22nd Avenue; and, WHEREAS, Royal Manor intends to construct a force main from the aforementioned Force Main 519 connection stub to a point south located inside the property of Royal Manor Inc., hereafter referred to as "the point of THE CITY OF BOYNTON BEACH AND ROYAL MANOR INC. agree as follows: The City of Boynton Beach agrees to receive at the point Inc., inc. of connection of Royal Manor Mobile Home Estates~ all flows from the Royal Manor Mobile Home Estates, sanitary sewer collection system. The City of Boynton Beach wili transmit for treatment the sanitary sewage received by the City of Boynton Beach pursuant to Paragraph 1 hereof to the Regional Wastewater Treatment Plant. Royal Manor Mobile Home Estates, Inc. will convey by bill of sale the meter, lift station, and force main at Royal Manor Mobile Home Estates, Inc., to the City of Boynton Beach within 10 days foiiowing operational acceptance of the system by the City. Additionally, Royal Manor Mobile Home Estates, Inc. agrees to dedicate appropriate easements to the City encompassing the lift station and force main and also for ingress and egress. PART i. PART II. PART III. The City of Boynton Beach will maintain the influen5 meter which measures the flows from Royal Manor Mobile Home Estates, Inc., sanitary sewer collection into FM 5t9/LS 319 and will allow Royal Manor Mobile Home Estates, Inc. ~o read the meter a5 any time convenient 5o both parnles. it is agreed that the sanitary sewer collectmon system, l.e., gravity feed that collects sewage from Royal Manor Mobile Home Estates. Inc., up to the wet well will be the responsibility of Royal Manor Mobile Home Estates, Inc. That portion of the sewage 5ransmmssion system from the wem well and the flow in that system from that point where it becomes pressurized at the lift station shall be the responsibiiity of the City of Boynton Beach. For disposal of its sewage through FM 5i9/LS 319 and thereafter into the Regional Treatment Sysnem, Royal Manor Mobile Home Estates, Inc. agrees to pay the City of Boyn~on Beach a three-parm charge per 1,000 gallons of flow on a monthly basis as follows: A use~r charge rate for system-wide opera~ing and maintenance including replacement of $0.7759 per 1,000 gallons of sewage as metered a~ the poznt of connection. A user charge for treatment and disposal by South Central Regional Wastewater Treatment and Disposal Board a~ the Regional Wastewater Treatment and Disposal Plant of $ .7055 per 1,000 gallons of sewage metered by the master memer and as amended from nlme Eo time Dy the governing body of 5he Regional Plant and charged to the City of Boynmon Beach. The fair share cost of the Windward force main and a user charge based on the capital facillEles fees WhiCh notais S172,908. A down payment of $43,227 will be due prior to operational acreptance of the system by the City. The balance of $129,681 shall be paid at the rate period of flve (5) percentage rate of year deb~ service at sum without penalty Estates, Inc. of $2,660.60 per month for a years, based upon an annual 8.5% lnteresm. The five (5) 8.5% may be prepaid as a lump to Royal Manor Mobile Home 7. Royal Manor Mobile Home Estanes, Inc. will make monthly paymenns no the City of Boynton Beach beginning an the completion of the first full month of operation under the terms of this Agreement and will be based on the gallons of sewage measured at the meter. The first monthly payment will be for the gallons pumped for a partial month prior to the firsm complete month. If there is to be an annual rate adjustment in Part I and/or Part II, the City of Boynton Beach will suDmlt to Royal Manor Mobile Home Estates, Inc., a~nually, any anticipated rate ad]ustmen~ by September 1st preceding the snar5 of the fiscal year and a final approved rate ad]ustment by October 15th for the fiscal year. 8. This Agreement shall continue to remain in full force and effect so long as the Regional Treatment Plant is operational. 9. In the event of default by either parmy under the nerms and conditions of this Agreement~ the non-defauiting party shall be or in equzty. dispune shall entitled mo all remedies available am law The prevailing parny in any litigated be enmitied to recover attorney's fees. IN WITNESS WHEREOF, and seals this /J the parties hereto have se5 their hands day of ./~/~ · 1993. ROYAL MANOR MOBILE HOME ESTATES· INC. WITNESS: Secretary FOR INDIVIDUAL(S) NOTARIZATION: STATE OF Florida COUNTY OF Palm Beach I HEREBY CERTIFY that on th!s day, before me, an officer duly authorized in the~tate aforesaid ~? ~ak9%acknowledgemen~s' personally appear~d~ J~ ~D~] ~ 7~~to me k~own to be the person(s) described in and who executed the same. WITNESS my h~and official~eat.in the County and State last aforesaid this day of ~ , 1993. ( Not ary Seal ) ~%~<u~ t~ ~C~$ t'~,~, ~ L~u-"L,~ %,~ ~ WITNE~: / CiTY OF BOYNTON BEACH, FL ATTEST: ~~~ C~y Clerk (Corp. Seal STATE OF Florida ) COUNTY OF Palm Beach ) I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowled~gements, personally appeared E. ~ ~4~q, Mayor and ~o~_~. ~ ,Clty Clerk well know~ to me to be the Maydr and City Clerk respectively of 5he City named in the foregoing agreement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporase seal of said City. WHEREAS my hand and official seal in the Countv and State last aforesaid this /5' day of (Notary Seal) Appr~s to form: Cit./At t Notary Public My Commissiq~;.~;lFire.s.: PROCEDURE FOR AUDIT OF RATE CHARGE The Boynton Beach charge to Royal Manor Mobile Home Estates, Inc. will be in three parts, namely, Pumping, Treatment, and Capital costs which will be used in computing the total charge based uPOn the amount(in thousands of gallons) used per month. The meter will be read on the last working day of each month and the cost per thousand gallons used computed and forwarded to Royal Manor. ~c. Payment will be due and payable within ten (10) days from rece~ at. This bill wilt show the beginning rne[er read and the ending meter read. The cost for the fiscal year (October 1 to September 30) per thousand gallons will be based uPOn the foltowir g three parts: PART I The Boynton Beach Utilities Dept. operating budget is the source of the following calculated items. Section A Estimated Expenditures for 1991-92 Sewage Pumping Division Renewal and reolacement costs - lift stations $1,227.083 $578.590 TOTAL COST,~ $1,805,773 Boynton's flows To sewage treatment plant - First Half Days 10/90-3/91 10/91-3/92 October 31 203.13 185.15 November 30 203.1 192.61 December 31 213.52 227.97 Jan u ary 31 247.52 237.03 February 28 205.01 232.8 March 31 242.95 242.36 TOTAL 182 t83 t315.23 MG 1317.92 MG AVERAGE DALLY FLOW 7.2265 7.2017 RATIO'91-92/'90-91 0.9965696124 ACTUAL FLOWS - SECOND HALF '90-91 Aoril 221.69 May 209.53 June 204.37 July 181.45 Au gust 174.58 September 174.94 TOTAL 1166.54 x 0.996569612 = 1162.538 MG COSTtl000 GALLON CALCULATION TOTAL PROJECTED FLOW = 1317.92MG + 1162.54MG = COSTS DIVIDED BY FLOW = "A" = 2.480.458.32 1000 GALLONS $0.7280 /1000 GALLONS Section B ADMINISTRATION The following calculation represents the direct administrative costs of the Utility system that are relatec to sewage DumDmg: DIVISION ESTIMATED EXPENDITURE 1991 -'92 WATER DISTRIBUTION WATER TREATMENT SEWAGE COLLECTION SEWAGE TREATMENT LAB SERVICES UTILITY PUMPING STATIONS UTILITY CONSTRUCTION ADMINISTRATION GENERAL ADMINISTRATION DEBT SERVICE NON-DEPARTM ENTAL $847,597 $2.211.179 $666.278 $1,839,538 $184.137 $1.390.900 $110,772 $921,011 $1,753.376 $5.938.277 $3,289,872 TOTAL $19,152,@87 SEWAGE PUMPING STATION COSTS= $1,805,773 DIVIDED BY TOTAL BUDGET YIELDS: $19,152,937 PERCENT OF ADMIN. DEVOTED ~TO SE'WAGE PUMPING 9.4282% .... ADJUSTMENT: SUBTRACT $ 98,966 CONTRACTUAL EXPENSE FROM ADMIN. DIVISION, YIELDS NET ADMIN. EXPENSE OF: PERCENT X COSTS -- $77,504 COST/1000 GALLONS= B= $0.0312 Section C GENERAL ADMINISTRATION The City's General Administrative costs of the Utility system that is related to sewage pumping: ANNUAL ESTIMATED EXPENDITURE = MULTIPLIED BY % SEWAGE PUMPING X r ~PORTION OF GEN. ADMIN. ATTRIBUTABLE 'O SEWAGE PUMPING ~ ULTIPLY BY 25% ACCORDING TO AGREEMENT COST PER 1000 GALLONS C-- $1,753,376 9.4282% $165,311 $41,328 $0.0167 A= $0.7280 B= $0.0312 C= $0.0187 $0.7759 PART II ~The South Central Regional Wastewater Treatment and Disposal Facility Board establishes the rate to )e charged for the processing of wastewater at that facility. This charge is a direct pass-through to ...... ;loyal Manor, Inc. by Boynton Beach, and is calculated at the ra~te in place times the gallons of flow. As of October 1, 1992 the cost for sewage treatment is $ O.7055/thousand gallons. PART III The capital portion of the cost is based upon the total Capital Facilities Charges due for 437 mobile home units. Based upon an initial down- payment of $ 43,227 (25%), and a balance of $129,680 financed over a five- year period at an annual Percentage rate of 8.5%, the monthly capital payment is $ 2,660.60.