R02-163RESOLUTION NO. R 02 - I ~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE THE FIRST
AMENDMENT FOR THE EXTENSION OF TERM OF
NORTHERN PALM BEACH COUNTY
IMPROVEMENT DISTRICT 1NTERLOCAL
AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City previously entered into an NPDES Interlocal Agreement
which expires September 30, 2002; and
WHEREAS, this Amendment will extend the term of the present Agreement
until a new five-year NPDES (stormwater discharge) permit and lnterlocal Agreement are
finalized.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
DF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and
incorporated herein by this reference.
Section 2. The Mayor and City Clerk are hereby authorized to execute First
Amendment to the NPDES Interlocal Agreement to extend the term of the present
agreement, which Amendment is attached hereto and made a part hereof.
Section 3. That this Resolution shall become effective immediately upon
~assage.
PASSED AND ADOPTED this I "] day of September, 2002.
~ Commissione~.~
/~,Commissioner
Commissioffer g/
ATTEST:
Cit.~lerk
~ o ..~o
FIRST Ax¥IENDM~ENT
FOR
EXTENSION OF TERM OF
NPDES INTERLOCA_L AGREEMENT
This FIRST Amendment (the "FIRST gaMENDMENT") shall be effective as of the
I '/day of ,._~t~V~m ~X~t' .., 2002 ("the Effective Date"), and is being entered
into by and between NORTI-~RN PALM BEACH COUNTY IMPROVEMENT DISTRICT, 357
Hiart Drive, Palm Beach Gardens, Florida 334..~18 (hereinafter referred to as "the Lead Permit-tee")
(hereinafter referred t(~ as "the Co-P~rmittee").
WITNESSETH:
WHEREAS, t-he parties have previously entered into anNPDES Interlocal Agreement (a true
and correct copy of which is attached-hereto and is referred to herein as the "Agreement"), which
Agreement expires September 30, 2002; and
WHEREAS, the Agreement described the parties' obligations and responsibilities relating
to the NPDES Permit referenced therein; and
WHEREAS, a timely reapplication or renewal of the NPDES Permit for its second five (5)
year term is currently pending, but it is uncertain at this time as to when the Florida Department of
Environmental Protection ("FDEP") will take final action on the pending application; and
WHEREAS, pursuant to FDEP Rule 62-624.420(4), Florida Administrative Code, the
existing NPDES Permit shall not expire until FDEP has taken final action on the pending
application; and
WHEREAS, a draft ora new Intedocal Ag-reement covering the second term of the NPDES
Permit ts currently being negotiated by the parties; and
WHEREAS, the parties wish to extend the terms and provisions of the current NPDES
Interlocal Agreement until such time as FDEP grants the pending application for renewal of the
NPDES Permit for its second five (5) year term.
NOW, THEREFORE, the undersigned parties, for and in consideration of the mutual benefit
set forth herein, the sufficiency of wi'rich is hereby acknowledged, do hereby enter into th.is FIRST
AMENDMENT to the NPDES Interlocal Agreement, and agree with each other as follows:
(1)
Term. The term contained in Section 4.01 of the NPDES [nterlocal Ag-reement
which would otherwise expire on September 30, 2002, is hereby extended under the
same terms and conditions contained in said NPDES l. nterlocal Agreement until the
execution by the Lead Permirtee and Co-Permittee of a new interbcal agreement for
the second five-year term N?DES Permit.
Fiscal Year Amendment. The phrase "Fiscal Year" as defined in Section 4.02 of the
NPDES Interlocal Agreement shall also include: (vi) a Sixth Fiscal Year from
October 1,2002 throu~ September 30, 2003 and (vii) a Seventh Fiscal Year from
October 1, 2003 through September 30, 2004.
(3)
Counterparts.. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one
and the same instrument.
(4)
Clerk of Court. A copy of this Agreement shall be filed with the Clerk of the Court
in and for Palm Beach County, Florida.
(5)
Effective Date.. This Agreement shall be effective as of the last date that it is signed
by all parties hereto.
[N WITNESS WHEREOF, the parties have set their hand and seals the day and year
hereinafter written.
EXECUTED by Lead Permittee this .~ O n~, day of ~e 1o {-e.~-~. fge_.i"' _, 2002.
ATTEST:
BOARD OF SUPERVISORS, NORTHERN p.a~LM
BEACH COUNTY IMPROVEMENT DISTI:UCT
By:
Peter L. ISimentet, Secretary
By:
Pamela M. Rauch, President
(SEAL)
IN WITNESS OF THE FOREGOING, the parties have made and executed this
First Amendment for Extension of Term of Northern Palm Beach County fmprovement
District Interlocal Agreement on the respective dates under each. signature: City,
authorized execute the same by its governing body on ~'~/::n-ern ~e.( [7 ,2002,
I
by
Gerald Broeninq
, duly authorized to execute same.
CITY OF BOY'NTON BEACH
A Florida Mumcipal Corporation
4~"a. ld ~roening, Mayor
The Ci o Bo nton Beach
OFFICE OF THE UT1LFFIES DIRECTOR
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6451
FAX: {561) 742-6298
Website:www. ci. boynto n-beach.fi, us
HAND DELIVERED
September 26, 2002
Caldwell & Pacetti LLP
Attorneys at Law
Suite 300
324 Royal Palm Way
Palm Beach, FL 33480-4352
Attn: Ms. Betsy S. Burden
Dear Ms. Burden:
RE:
First Amendment to NPDES Interlocal Agreement
Enclosed please find two odginal partially executed amendments to the NPDES
agreement. Upon complete execution, please return one to this office at the above
address for our records. This was approved at our City Commission meeting on
September 17, 2002.
Sincerely,
CITY OF BOYNTON BEACH
Manager, Utilities Administration
Enclosure
CC:
Mark Law (letter only)
Mark Bobich (w/attachment)
City Clerk (letter only)
America's Gateway to the Gulfstream
The City of
Bo~nton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach. FlorMa 33435
Phone ~56D 742-6400
FAX: (56D742-6298
OFFICE OF THE DIRECTOR OF UTILITIES
LETTER OF TRANSMITTAL
TO: Janet Pranito DATE:
City Clerk
October 8, 2002
RE: Executed- NPDES Interlocal agreement
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
Copies Date No. Description
1 Copy of Executed Agreement
R02-163 - Commission approved 9-17-02
REMARKS: Please file accordingly.
CC: Mark Bobich
SIGNED:
HANLEY P. CALDWELL, JR.
KENNETH W. EDWARDS
CHARLES F. SCHOECH
NARY N. VIATOR
JAMES L. WATT
JOHN A. WEIG
CALDWELL (~ PACETTI
ATTO[~NEYS ~T L~W
SUITE 300
3~4 ROYAL PALM WAY
Pa, LI~I BEa. CH, FLORID.~, ao48o-4a52
LLP
TELEPHONE: (561) 655-06~0
TELECOPIER: (561) 655-3775
O'-NAIL; floridalaw@earthlink net
PLEASE REPLY TO
POST OFFICE BOX ~77S
PALN BEACH, FL 33480-;~775
October 7, 2002
REC
Ms. Barbara Conboy
Manager, Utilities Administration
City of Boynton Beach
124 East Woolbright Road
Boynton Beach, Florida 33435
Re: Palm Beach County NPDES
Extension to Interlocal Agreement
Dear Ms. Conboy:
Enclosed for your records please find a copy of the Amendment extending the above-referenced
Interlocal Agreement which has been filed with the Clerk of the Court.
Thank you very much for your assistance.
BSB/ae
Enclosure
Sincerely,
Betsy'S. rde~ffn