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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)