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90-JJJJRESOLUTION NO. 90-~,.I-,.~-~.T' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE LITTLE CLUB, LAS CASITAS AND HILLSIDE CONDOMINIUM FOR THE PURPOSE OF OBTAINING WASTEWATER DISPOSAL SERVICES FROM THE CITY; A COPY OF SAID AGREEMENTS BEING ATTACHED HERETO AS EXHIBIT "I"; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Boynton Beach, Florida, that: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute that certain Agreement, a copy of which is attached hereto as Exhibit "1". Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of June, 1990. N FLORIDA ~ayor / onm'~sioner ATTEST: (Corporate Seal ) Commi ss i oner AGREEMENT THIS' AGREE}lENT is made and entered into this i _ d'ay of '/~/"~'-~-~-- 1990 by and between the CITY OF BOYNTON BEACH, h~-reinafter referred to as "BOYNTON BEACIt, and the LITTLE CLUB, INC., hereinafter referred to as "the LITTLE CLUB. W I T N E S S E T H : WHEREAS, the Ciny of Boynton Beach has consuructed a Lif~ Station, generally known as LS 102 , such Lift Station being located on property immediately adjacent to the St. Andrews Club'on the East side of the Intracoastal Waterway; and WHEREAS the LITTLE CLUB owns 'certain real property within the Town of Gulf Stream, Florida, immediately adjacent to LS 102; and WHEREAS, the LITTLE CLUB currently provides wastewater treatment and disposal services for itself, Las Casitas, Inc. and Hillside Condominium; and WHEREAS, the LITTLE CLUB is innerested in discontinuing its operation of its package wastewater treatment and dispoJal Plant and to obtaining wasnewa%er disposal services from the CITY OF BOYNTON BEACH thrg~gh the CITY OF BOYNTON BEACH's LS 102 and, thereafter, through the CITY OF BOYNTON BEACH's collection system for treatment at the South Central Regional Wastewater Treatment and Disposal Board; and WHEREAS, the Town of Gulf Stream has consented to the CITY ©~ BOYNTON BEACH entering into -this Agreemenn to provide such- wastewater disposal services to the LITTLE CLUB, Las Casitas, Inc. and Hillside Condominium. NOW, THEREFORE, in consideranion-of the mutual covenants and promises herein contained and other good and valuable consideration ~_e., one party %o the c, uher. the r~cei~u.i.~ an¢'t adequac%~ ~.~f ~]~ic]~ '' hereby acknowledged, the CITY OF BOYNTON BEACH and the LITTLE CLUB, INC. agree as follows: 1. The CITY OF BOYNTON BEACH agrees to receive, at 'the point of connection of the LITTLE CLUB's system, all flows from the LITTLE CLUB's s~nitary sewer collection system: r~T ~ 2. The CITY OF BOYNTON.BEACH will transmit for treatment the sanitary sewage received by the CITY .O'F. BOYNTON BEACH pursuant to Paragraph 1 hereof .to the South Central Regional Wastewater Treatment and Disposal Plant. 3. The LITTLE CLUB, INC. will convey, by Bill of Sale, the meter on the LITTLE CLUB system to theCITY OF BOYNTON'BEACH within ten (10) days following execution hereof by both parties, hereto. 4 The CITY OF B r~ ~ · OYN~.ON BEACH will mamntain the influent meter which measures the flows from the LITTLE CLUB, INC. sanitary .sewer collection into. LS 102 and will allow the LITTLE CLUB, INC. to read the meter at any time convenient to both parties. 5. It is agreed than the sanitary sewer collection system, pumping stations, and' forcemain that collects sewage from the LITTLE CLUB, INC. up'to the point of. connection, into the CITY OF BOYNTON BEACH's LS 102, but excluding the above referred to influent meter, shall be the responsibility of the LITTLE CLUB, INC. 6. For disposal of its sewage through LS 102 and thereafter into .... South Cen~rai Regional Wa Plant, the LITTLE CLUB, INC. agrees to pay to the CITY OF BOYNTON BEACH a two-part charge per 1,000 gallons ef flow on a monthly basis, as follows: PART I~ A user-charge rate fDr system-wide operating and maintenance, including replacement of $.58 per 1,000' gallons of sewage as metered at the above referred to influent meter. PART II: A user charge for treatment and disposal by the South Central Regional Wastewater Treatment and Disposal Board at the Regional Wastewater Treatment and Disposal Plant. of $.7055 per 1,000 gallons of sewage metered at the above referred to influent meter and as amended from time uo time by ~the governing body of the Regional Plan5 as charged to the CITY OF BOYNTON BEACH. 7. The LITTLE CLUB, INC. will make monthly payments to the CITY OF BOYNTON BEACH, beginning at the completion of the first full month.of operations under the terms'-Of this Agreement, and will be based on the gallons 6f Sewage measured, at the said influent meter. The first monthly payment will be for the gallons pumped for a partial month prior to Yhe first complete month. If there is to be an- annual ra'te adjustmen~ in'Par~.: I and/or Part II, the CITY OF BOYNTON BEACH .will submit to the LITTLE CLUB, INC. annually any anticipated raze adjustment by September 1.preceding the start of the fiscal year and a final approved rate adjustment by October 15 for such fiscal year. 7a. The capital portion of the cost to the Little Club will be $650.00 per equivalent-dwelling Unit, to be payable prior to connection. 8. This Agreemeht' constitutes the entire Agreement between the parties. This Agreement may be only in writing signed by both parties hereto. 9. This Agreement shall continue to remain in full force and effect so long as the Regional Treatment Plant is operational. 10. In the event of default by either party under the terms and conditions of this Agreement, the non-defaulting party shall be entitled to all r~medies avail'able at law or in equity. The prevailing party in any litigated dispute shall be entitled to recover attorneys, fees. 11. This Agreement shall be bindi%g upon and inure to the benefit of the City of Boynton Beach~ the Association and its' members and their respective successors and assigns. 12. The entry into this Agreement shall in no way obligate the Associanion or its members to use or purchase other utilities or services from Boynton Beach or to annex or consent to the annexation of property into Boynton Beach. IN WITNESS ~HEREOF, the parties hereto have executed this Agreemen~ the day and year first above written. CITY OF~O~NTON BEAC~ Gene Moore~ M~yor 3 App~hved ,as .-to Czh~ At t~ey form: Winnesses' LITTLE By.: CLUB, 'INC. RESOLUTION NO. 90- J:3 J - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE LITTLE CLUB, LAS CASITAS AND HILLSIDE CONDOMINIUM FOR THE PURPOSE OF OBTAINING WASTEWATER DISPOSAL SERVICES FROM THE CITY; A COPY OF SAID AGREEMENTS BEING ATTACHED HERETO AS EXHIBIT "1 "; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Boynton Beach, Florida, that: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute that certain Agreement, a copy of which is attached hereto as Exhibit "1 ". Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this .6 -22:- day of June, 1990. CITY BOYNTON B FLORIDA Mayor sic- Mayor Commissioner mr Co 'ssioner Commissioner ATTEST: Ci Clerk (Corporate Seal) 10 e > AGREEMENT THIS AGREEMENT is made and entered into this _5 day of 3 , 1990, by and between the CITY OF BOYNTON BEACH, hereinafter referred to as "BOYNTON BEACH," and the LITTLE CLUB, INC., hereinafter referred to as "the LITTLE CLUB." W I T N E S S E T H: WHEREAS, the City of Boynton Beach has constructed a Lift Station, generally known as LS 102 , such Lift Station being located on property immediately adjacent to the St. Andrews Club on the East side of the Intracoastal Waterway; and WHEREAS the LITTLE CLUB owns certain real property within the Town of Gulf Stream, Florida, immediately adjacent to LS 102; and WHEREAS, the LITTLE CLUB currently provides wastewater treatment and disposal services for itself, Las Casitas, Inc. and Hillside Condominium; and WHEREAS, the LITTLE CLUB is interested in discontinuing its operation of its package wastewater treatment and disposal Plant and to obtaining wastewater disposal services from the CITY OF BOYNTON BEACH through the CITY OF BOYNTON BEACH's LS 102 and, thereafter, through the CITY OF BOYNTON BEACH's collection system for treatment at the South Central Regional Wastewater Treatment and Disposal Board; and WHEREAS, the Town of Gulf Stream has consented to the CITY OF BOYNTON BEACH entering into this Agreement to provide such wastewater disposal services to the LITTLE CLUB, Las Casitas, Inc. and Hillside Condominium. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration from one p,I:rty to the other, the rec i'l;_ t and aoequacv flf whii..: is hereby acknowledged, the CITY OF BOYNTON BEACH and the LITTLE CLUB, INC. agree as follows: 1. The CITY OF BOYNTON BEACH agrees to receive, at the point of connection of the LITTLE CLUB's system, all flows from the LITTLE CLUB's sanitary sewer collection system. 1 2. The CITY OF BOYNTON BEACH will transmit for treatment the sanitary sewage received by the CITY OF BOYNTON BEACH pursuant to Paragraph 1 hereof to the South Central Regional Wastewater Treatment and Disposal Plant. 3. The LITTLE CLUB, INC. will convey, by Bill of Sale, the meter on the LITTLE CLUB system to the CITY OF BOYNTON BEACH within ten (10) days following execution hereof by both parties hereto. 4. The CITY OF BOYNTON BEACH w'_11 maintain the influent meter which measures the flows from the LITTLE CLUB, INC. sanitary sewer collection into LS 102 and will allow the LITTLE CLUB, INC. to read the meter at any time convenient to both parties. 5. It is agreed that the sanitary sewer collection system, pumping stations, and forcemain that collects sewage from the LITTLE CLUB, INC. up to the point of connection into the CITY OF BOYNTON BEACH's LS 102, but excluding the above referred to influent meter, shall be the responsibility of the LITTLE CLUB, INC. 6. For disposal of its sewage through LS 102 and thereafter into tha South Central Rog.Lonal W U'stCwCcLe Treatment an..: Disposal Plant, the LITTLE CLUB, INC. agrees to pay to the CITY OF BOYNTON BEACH a two -part charge per 1,000 gallons of flow on a monthly basis, as follows: PART I: A user charge rate for system -wide operating and maintenance, including replacement of $.58 per 1,000 gallons of sewage as metered at the above referred to influent meter. PART II: A user charge for treatment and disposal by the South Central Regional Wastewater Treatment and Disposal Board at the Regional Wastewater Treatment and Disposal Plant of $.7055 per 1,000 gallons of sewage metered at the above referred to influent meter and as amended from time to time by the governing body of the Regional Plant as charged to the CITY OF BOYNTON BEACH. 7. The LITTLE CLUB, INC. will make monthly payments to the CITY OF BOYNTON BEACH, beginning at the completion of the first 2 full month of operations under the terms of this Agreement, and will be based on the gallons of sewage measured at the said influent meter. The first monthly payment will be for the gallons pumped for a partial month prior to the first complete month. If there is to be an annual rate adjustment in Part I and /or Part II, the CITY OF BOYNTON BEACH will submit to the LITTLE CLUB, INC. annually any anticipated rate adjustment by September 1 preceding the start of the fiscal year and a final approved rate adjustment by October 15 for such fiscal year. 7a. The capital portion of the cost to the Little Club will be $650.00 per equivalent dwelling unit, to be payable prior to connection. 8. This Agreement constitutes the entire Agreement between the parties. This Agreement may be only in writing signed by both parties hereto. 9. This Agreement shall continue to remain in full force and effect so long as the Regional Treatment Plant is operational. 10. In the event of default by either party under the terms and condi_tio )s of this Agreement, the nor-defaulting party : hall he entitled to all remedies available at law or in equity. The prevailing party in any litigated dispute shall be entitled to recover attorneys' fees. 11. This Agreement shall be binding upon and inure to the benefit of the City of Boynton Beach, the Association and its members and their respective successors and assigns. 12. The entry into this Agreement shall in no way obligate the Association or its members to use or purchase other utilities or services from Boynton Beach or to annex or consent to the annexation of property into Boynton Beach. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF TON BEAC Attes, . / i ce i��< � �y: /� C' Clerk Gene Moore, Mayor f V 3 App4Dved its to form: �a j i t / Ciyiy Att rnei Witnesses: LITTLE CLUB, INC. / 7 (11-1-,-,-e, �l� g 6 mot. 6L_- -> / • %" L-i-• - -/ '✓ .. y: v x.:4_< P.-L"_. / - 3 - 7 t 4 PROCEDURE FOR AUDIT OF THE RATE CHANGE THE LITTLE CLUB, INC. - BOYNTON BEACH WASTEWATER TREATMENT PROCESSING The Boynton Beach charge to The Little Club, Inc. will he in two parts: This represents the basis for computing the charge per thousand 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 The Little Club, Inc. Payment will be due and payable within ten (10) days from receipt. This bill will show the beginning meter read and the endinj meter recording. The cost for the fiscal year (10 /1 to 9/30) per thousand gallons will be based on the following two (2) parts: PART I The City of Boynton Beach Utilities Budget is the source of the calculated items which were reported in Table 6 -A of the Water /Wastewater and Capital Facilities Charge Analysis dated April, 1990. A. THE PRO -RATED SEWAGE PUMPING COST OF THE WASTEWATER UTILITY SYSTEM - The sewage pumping costs for the City of Boynton Wastewater Utility in 1988/1989 were: General Maintenance /Lift Stations $ 819,261 Utility Mechanics /Sewage portion 190,911 1988/1989 Sewage Pumping cost $1,010,172 This is 25.88% of the total Wastewater Utility System expenses City annual flow at Regional Plant - 2,264,250,000 gallons Cost for pumping per 1000 gallons $ 0.4461(A) B. THE DIRECT ADMINISTRATIVE COSTS OF THE WASTEWATER UTILITY SYSTEM THAT RE RELATED TO SEWAGE PUMPING: Annual Cost (Wastewater Utility portion only) $ 255,844 Pumping - 25.88% of Sewage Utility Budget Pro -rata share - $255,844 x 25.88% 66,212 Direct Administrative Costs /1000 gallons = $66,212/2,264,250,000 gallons .0292(B) C. THE CITY'S GENERAL ADMINISTRATIVE COSTS OF THE WASTEWATER UTILITY THAT IS RELATED TO SEWAGE PUMPING is calculated as follows: Annua:. Cost ( Wastewater_ Utility Tortion) S 365,649 Pro -rata share - $365,649 x 25.88% 94,630 General Administrative Costs /1000 gallons .0418(C) The sum of A, B and C equals the total to be charged to the Little Club, Inc. during the current year of the Agreement for pumping. Summary A = 44.61 B = 2.92 C = 4.18 51.71 cents /1000 gallons 5 PART II The South Central Regional Wastewater Treatment and Disposal Board establishes the rate to be charged for the processing of wastewater at the facility. This charge is a direct pass- through to the Little Club, Inc. by Boynton Beach and is calculated times the gallons of flow and becomes the total of the billing from Boynton Beach to the Little Club, Inc. Effective October 1, 1989, 0.7055 will be the rate per thousand gallons. SOURCE RECORD: Ratification of rate by the Council of the City of Boynton Beach covering the rate to be passed on as approved by the Board of Directors of the South Central Regional Wastewater Treatment and Disposal Facility. 6 PROCEDURE FOR AUDIT OF THE RATE CHANGE THE LITTLE CLUB, INC. - BOYNTON BEACH WASTEWATER TREATMENT PROCESSING The Boynton Beach charge to The Little Club, Inc. will be in two parts: This represents the basis for computing the charge per thousand 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 The Little Club, Inc. Payment will be due and payable within ten (10) days from receipt. This bill will show the beginning meter read and the endinj meter recording. The cost for the fiscal year (10 /1 to 9/30) per thousand gallons will be based on the following two (2) parts: PART I The City of Boynton Beach Utilities Budget is the source of the calculated items which were reported in Table 6 -A of the Water /Wastewater and Capital Facilities Charge Analysis dated April, 1990. A. THE PRO -RATED SEWAGE PUMPING COST OF THE WASTEWATER UTILITY SYSTEM - The sewage pumping costs for the City of Boynton Wastewater Utility in 1988/1989 were: General Maintenance /Lift Stations $ 819,261 Utility Mechanics /Sewage portion 190,911 1988/1989 Sewage Pumping cost $1,010,172 This is 25.88% of the total Wastewater Utility System expenses City annual flow at Regional Plant - 2,264,250,000 gallons Cost for pumping per 1000 gallons $ 0.4461(A) B. THE DIRECT ADMINISTRATIVE COSTS OF THE WASTEWATER UTILITY SYSTEM THAT RE RELATED TO SEWAGE PUMPING: Annual Cost (Wastewater Utility portion only) $ 255,844 Pumping - 25.88% of Sewage Utility Budget Pro -rata share - $255,844 x 25.88% 66,212 Direct Administrative Costs /1000 gallons = $66,212/2,264,250,000 gallons .0292(B) C. THE CITY'S GENERAL ADMINISTRATIVE COSTS OF THE WASTEWATER UTILITY THAT IS RELATED TO SEWAGE PUMPING is calculated as follows: Annual Cost ( Wastewater Utility portion) S 36.649 Pro -rata share - $365,649 x 25.88% 94,630 General Administrative Costs /1000 gallons .0418(C) The sum of A, B and C equals the total to be charged to the Little Club, Inc. during the current year of the Agreement for pumping. Summary A = 44.61 B = 2.92 C = 4.18 51.71 cents /1000 gallons 5 PART II The South Central Regional Wastewater Treatment and Disposal Board establishes the rate to be charged for the processing of wastewater at the facility. This charge is a direct pass- through to the Little Club, Inc. by Boynton Beach and is calculated times the gallons of flow and becomes the total of the billing from Boynton Beach to the Little Club, Inc. Effective October 1, 1989, 0.7055 will be the rate per thousand gallons. SOURCE RECORD: Ratification of rate by the Council of the City of Boynton Beach covering the rate to be passed on as approved by the Board of Directors of the South Central Regional Wastewater Treatment and Disposal Facility. 6