73-ZZRESOLUTION NO. 73-ZZ
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING AN~
AGREEMENT TO BE ENTERED INTO BY USERS OF
INTERIM TREATMENT PLANTS FOR SEWAGE PURSUANT
TO GUIDELINES ESTABLISHED BY THE FLORIDA
DEPARTMENT 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, auth-
orizing 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 interium treatment standards and conditions of instal-
ation and operation during expansion of the present facilities;
and
WHEREAS, the Area Planning Board of Palm Beach County has
adopted local guidelines for installation and operation of interi
sewage plants in Palm Beach County; and
W~HEREAS, for the City to facilitate implementation of Federa
State and County requirements, local guidelines have been estab-
lished by the City of Boynton Beach for the benefit of all partie
desiring to obtain wastew~ter disposal facilities within the City
service area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH~ FLORIDA:
.Section 1: The attached Agreement titled "Interim Sewage
Pla~t Agreement for the City of Boynton Beach, Florida" shall be
used by the City for all those qualifying for the use of interim
treatment plants pursuant to established criteria.
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
qualifying 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.
PASSED AND ADOPTED this
This Resolution shall take effect immediately
/~ day~of September, 1973.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
City Cler
/ Councilman
Co un c i,i~a n
Councilman
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INTERIM SEWAGE TREATMENT; PLANT AGREEMENT'.'.
FOR -
CITY. OF BOYNTON BEACHi' FLORIDA
THIS AGREEMENT, made and entered into'this' · .-'-'daY°f
1975, by and between the City of'Boynton Beach,' hereinafter'referred to as
"City" and
hereinafter referred to as
WHEREAS, as provided in the -pi-an fo~RegiOnal WaterSupply, Treatment and
Distribution; and Regional. Sewage .Collection, Treatment and Disposal" for
Palm Beach CoUnty, Florida,. pr~mU!gatedb? the Area Planning Board of Palm Beach
County; March 11, 1972, and subsequently approved'.by, the Florida Department of
PollutionControl, the City'of B0ynt0n Beadh. has been desi~ated aS'the Agency i-
responsible for water treatment· and/or seW~ge::~'treatment/and disposal service within'
the ~oynton' ea-n Service area; and..
~rHEREAS, the'implementation of' that.resp°nsSbilit¥ is subject toregulations
of thei
and requirements
(1)' Area Planning Board'of Palm-Beach County~'
(2) Florida DePartment of pOllution Control and
(3) U. So Environmental. Protection Agency; and
WHEREAS, on August 2S, 1975, the City of Boynton Beach received a Temporary
Operation Permit with Certain stipulations pertaining tocontinued'operation of
the existing sewage treatment and discharge fac~lities"~'~0ne:ofthe:stipulations
limitations in' permissabIe~'P0tlUtant.disCharge,-~nich will
provided
certain
strict the' numberer additional conneet£ons'-t°'the~.seWer~ge?!~sgem,, requi~ing
utilization of package treatment Plants.¢Pf0~idi~g.-a ~minimu~'~f tertiary_treatment ~
of such plants must be discontinued and"~hat theymuSb~be .remove~"fromthe Service-.-'
area as soon as the City's regional disposal sysZem is placed-in operation; and ~-.
WHEREAS, the Area Planning Board's regional Plan requires that'sUch interim
plants be pIaced under direct' control, operation and maintenanco 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, includinga'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 ~ubsequent action by higher authorities
and, as such, will not be sufficient authority for issuance of any construction
permits.
5. That upon conditional approval by.the City, the applicantwillbe
required to. submit the' necessary application and documents to the. Area iPlanning
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 receivedthe required approvals of all County and St.ateregula-
tory agencies, 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. Thaf'~'~is Agreement is in addition to, and does not supplant any
established regulations covering zoning, site planning, engineering, building per-
mits, connection fees, or any other provisions of subdivision and land develop-
ment 'regulations as may be in effect pertaining to the area to be serviced by
the interim package wastewater treatment plant2
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 facilitie~ have been approved and accepted by the City.'
7. That where the permanent connection will not be dedicated through
a recorded plat, such dedication shall be maze byappropriate_instruments at
the time of execution of this Agreement.
B. Developer agrees as follows:
1. Upon completion of treatment plant, to lease at no charge the
treatment plant and site for temporary ownership and operation by the. City for
full control and maintenance by the'City until 24 hours (1 day).after receipt of
said letter referrred 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 sytem and
disconnection of the interim treatment plant upon receipt of ~ittennotification
by certified mail to Developer that city's new sewage disposal system is ready to
receive Developer's sewage~ and
(b) The removal from the City of the interimtreatment plant within'
60 days after date of mailing said letter in [a) above.
3. As an integral' part of'the treatment plant, to instalI-the necessary
facilities for permanent transmission of sewage to the City's sewage collection
.s~stem 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
De~elOper's collection 'system shall provide valves and piping as necessary for
~rom ~ew~rs ~
xn c,~e Developer's area
immediate disconnection of the interim plant ~ ..... : ~
within 24 hours after receipt..of saidnotice in No. 2 (a). above;
4. To have an interim treatment plant which will:
(a) Dispose of all liquid, effluent into on-site containment facili-
ties, 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.
plants by personnel of the City of BoYnfon~ Be'~Ch,.~the UserB'~:6f:'such sewerage
system will be charged the usual'monthly servic~ rates curTently applied to
ail 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 sew-
.age system and removal of the interim~Plant~fromCity; '
D. The parties have read and"understand;~ihe'wh~le
and now state that no representation, promise. Or agreement 'not
this Agreement has been made to induce either party to enter into i.t.
IN WITNESS WHEREOF, the Developer and. the City have hereunto caused.to be
year first above written.
(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
appropriate City officials qualified to execute'the' foregoing/.Agreement and
that they have executed said Agreement for the purposes therein 'expressed.
SWORN TO AND SUBSCRIBED before me this '
1975.
Notary Public, State of Florida at Large
My Commission Expires
STATB OF FLORIDA ) ..
COUNTY OF PALM BEACH) . . -' · . .. .. . .
BEFORE ME, the undersigned authority,, personally appeared
acknowledged that they are the appropriate Corporate officials qualified to
execute the foregoing Agreement and that they have executed said Agreement for
the. purposes therein expressed.
SWORN TO AND SUBSCRIBED before me this day-of
1973.
Notary Public, State of Florida .at Large --
My Commission Expires
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