73-JJJ A RESOLUTION OF THE cITY COUNCIL OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING AN AGREE-
MENT TO BE ENTERED INTO BY USERS OF INTERIM
~ATMENT PLANTS FOR SEWAGE PURSUANT TO GUIDE-
L~NES ESTABLISHED BY ~rIE FLORIDA 1DEPARTMENT~ OF
POLLUTION CONTROL AND AREA PLANNING BOARD OF
PALM BEACH COUNTY,
WHEREAS, the Florida Department of Pollution Control has
issued a construction permit to the City of Boynton Beach
authorizing the expansion of present w~stewater treatment
facilities; and
WHEREAS, a temporary operation permit issued to the City of
Boynton Beach by the Florida~ Department of Pollution Control
authorized interim treatment standards and conditions of instal-
lation and operation, during expansion of the~ p~esent facilities;
and
W~HEREAS, the Area Planning Board of Palm Beach County has
adopted local guidelines for installation and operation of interim
sewage plants in Palm Beach County; and
WHEREAS, for the City to facilitate implementation of Federal
State and County requirements, local guidelines have been estab-
lished by the City of Boynton Beach for the benefit of all parties
desiring to obtain wastew~ter disposal facilities within the City
service area$ and
WHEREAS~ by previous Resolution~ the City Council approved
the form of an agreement to be entered into by users of interim
treatment plants which agreement is in need of clarification as
to the provisions Contained in paragraph 5.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BOYS~TON EEACH, FLORIDA:
Section 1: The attached Agreement~ titled "Interim Sewage
Plant Agreement for the City of Boynton Beach, Florida"~ as
amended, shall be used by the City for all those' qualifying for
the use of interim treatment plants pursuant to established
criter ia.
Section 2: The Mayor, or in the absence of the Mayor the
Vice Mayor~, and the City Clerk are .authorized to act for the
City in entering into and:~executing the said Agreement with each
qua Ii fying applicant.
Section 3: Copies of this Resolution~ including the attached
Agreement, shall be forwarded immediately to the Florida Depart-
ment of Pollution Control and the Area Planning Board of Palm
Beach County.
Section 4:
upon adoption.
This Resolution shall take effect immediately
PASSED AND ADOPTED this
day of October, A. D.~ 1973o
CITY OF BOYNTON BEACH, FLORIDA
Mayor
ATTEST:
City Clerk
Vice Mayor
COunc ~'~[r~a~'
Councilman
Councilman
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INTERIM SEWAGE TREATMENT PLANT AGREEMENT
FOR
CITY OF BOYNTON BEACH, FLORIDA
THIS AGREEMENT, made and entered into this day of
1973, by and between the City of Boynton Beach, hereinafter referred to as
"City" and
hereinafter referred to as "Developer~'.
WITNESSETH:
WHEREAS, as provided in the "Plan for Regional Water Supply, Treatment
and Distribution; and Regional Sewage Collection, Treatment and Disposal" for
Palm Beach County, Florida, promulgated by the Area Planning Board of Palm
Beach County, March 11, !972, and subsequently approved by the Florida
Department of Polluti6n ContrOl, the City of Boynton Beach has been
designated as the Agency responsible for water treatment ant/or sewage
treatment and disposal service within the Boynton Beach servic~ area; and
WHEREAS~ the implementation of that responsibility is subject to
regulations and requirements of the:
(!) Area Planning Board of PalmmBeach County,
(2) Florida Department of Pollution Control and
(3) U. S. Environmental Protection Agency; and
WHEREAS, 6h August 25, 19737 the City of Boynton Beach received a
Tempoma~y Operation Permit with certain stipulations pertaining to continued
operation of the existing sewage treatment and discharge facilities. One of
the stipulations provided certain limitations in permissable pollutant
discharge, which will restrict the number of additional connections to the
sewerage system, requiring utilization of package treatment plants providing
a minimum of tertiary treatment and on-site containment of ~ffluent. Another
stipulation provided that the use of such plants must be discontinued and that
they must be removed from the service area as soon as the City's regional
disposal system is placed in operation; and
WHEREAS, the Area Planning Board's regional plan requires that such
interim plants be placed under direct control, operation and maintenance of
the City of Boynton Beach~ the area Agency; and
WHEREAS, to facilitate implementation of Federal, State and County
requirements for Developers desiring to obtain wastewater disposal service for
new construction within City's service area.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations herein, the parties hereto agree as follows:
A. It is mutually agreed as follows:
1. That this Agreement is supplementary and in addition to Federal,
State and County requirements and guidelines for design, permits and approvals,
operation and maintenance.
2. That prior to submittal to high authorities for permits and ap-
provals, plans and specifications for interim package wastewater treatment plants
and the information required by higher authority, including a legal description
and survey of the plant site, must be submitted to and approved by the City of
Boynton Beach. Such submittals shall be made directly to the office of the City
Manager. Approval by the City of such application will constitute merely a
pro=forma approval subject to subsequent action by higher authorities and,
as such, will not be sufficient authority for issuance of any construction
permits.
3. That upon conditional approval by the City, the applicant will be
required to submit the necessary application and documents to the Area Planning
Board of Palm Beach County and the Palm Beach County Health Department for fur-
ther processing to the Florida Department of Pollution Control in accordance with
the regulations of those agencies.
4. That no construction of interim treatment plants shall be made until
the applicant has received the required approvals of al! County and State regula-
t6m~sagencies, and a copy of the plans as finally approved, filed with the City
Manager, as well as appropriate building-~permits as may be required by the Munici-
pal or County agency having building-permit jurisdiction at the interim plant site.
5. That this Agreement is in addition to, and does not supplant any
established regulations cOUering zoning, site planning, engineering, building
permits, connection fees, or any other provisions of subdivision and land
development regulations as may be in effect pertaining to the area to be
serviced by the interim package wastewater treatment plant.
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6. That no certificate of occupancy shall be issued for units
utilizing the treatment plant until approval of the interim plant and per-
manent connection facilities have been approved and accepted by the City.
7. That where the pe~nanent connection will not be dedicated through
a recorded plat~ such dedication shall be made by appropriate instruments at
the time of execution of this Agreement.
B. Developer agrees as follows:
l~c~aHpon completion of treatment plant, to lease at no charge the
treatment pi&hr and site for temporary ownership and operation by the City for
full control and maintenance by the City until 24 hours (! day) after receipt of
said letter referred to in No. 2 (a) following:
2. Post a bond in an amount as determined by the City Manager. Such
bond is to provide for:
(a) The immediate permanent connection to the City's system and
disconnection of the interim treatment plant upon receipt of written notification
by certified mail to Developer~tha~wCity's new sewage disposal system is ready
to receive Developer's sewage~ and
(b) The removal from the City of the interim treatment plant within
60 days after date of mailing said letter in (a) above.
3. As an integral part of the treatment plant, to install the necessary
facilities for permanent transmission of sewage to the City's sewage collection
system at a point in the City's proposed system as determined by the City admini-
stration and the City's consulting engineers. Such permanent connection from
Developer's collection system shall provide valves and piping as necessary for
immediate disconnection of the interim plant from sewers in the Developer's area
within 24 hours after receipt of said notice in No. 2 (a) above.
4. To have interim treatment plant which will:
(a) Dispose of all liquid effluent into on-site containment
facilities, as required by regulatory agencies.
(b) Provide easy access to and within the plant site for
operation, maintenance and removal of solid waste, sludge, etc.
5. During the period of operation and maintenance o£ interim
plants by personnel of the City of Boynton Beach, the users of such sewerage
system will be charged the usual monthly service rates currently applied to
all other similar users (or "customers") of the City's system and, the
Developer will be charged monthly for any amount of such operation and main-
tenance costs which exceed the monthly revenue from the system.
C. City agrees to:
1. Operate the interim plant upon receiving the lease and
acceptance by the City Manager.
2. Release from bond upon the permanent conversion to the City
sewage system and removal o£ the interim plant from City.
D. The parties have read and understand the whole of the above Agreement
and now state that no representation, promise or agreement not expressed in this
Agreement has been made to induce ~ither party to enter into it.
IN WITNESS WHEREOF, ~h~ Developer and the City have hereunto caused to
be affixed the signatures and seals o£ their respective officers on the day and
year first ~6vecwritten.
(SEAL)
CITY OF BOYNTON BEACH
A Municipal Corporation
ATTEST: By:
(SEAL)
ATTEST: By:
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
BEFORE ME, the undersigned authority, personally appeared
and
of the City of Boynton Beach, Florida, and acknowledged that they are the
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appropriate City officials qualified to execute the foreg6ing Agreement and
they have executed said Agreement for the purposes therein expressed.
1973.
SWORN TO AND SUBSCRIBED before me this
day of
Notary Public, State of Florida at Large
My Commission Expires
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
BEFORE.ME, the undersigned authority, personally appeared
and
of and
acknowledged that they are the appropriate Corporate officials qualified to
execute the foregoing Agreement and that they have executed said Agreement for
~heap~poses therein expressed.
SWORN TO AND SUBSCRIBED before me this
day of
197~.
Notary Public, State of Florida at Large
My Commission Expires