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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 -2- 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 -5-