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R03-032 II RESOLUTION NO. R 03 - O:3~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF THE FOURTH AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE CITY OF DELRA Y BEACH, FLORIDA, REGARDING THE SOUTH CENTRAL REGIONAL W ASTEW ATER TREATMENT AND DISPOSAL BOARD (SCRWTD); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and the City of Delray Beach previously entered into an Interlocal Agreement, dated December 26, 1974, establishing the South Central Regional Wastewater Treatment and Disposal Board, hereinafter referred to as "SCRWTD Board" which Agreement has been amended from time to time; and WHEREAS, the SCRWTD Board is desirous of further amending the Interlocal Agreement to provide for more accurate billing for flow, due to meter failure, by changing the basis for billing of the daily average of the three preceding monthly flow to the preceding seven days' flow; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 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 City Manager is hereby authorized to execute the Fourth Amendment to the Interlocal Agreement between the City of Boynton Beach and the City of Boynton Beach (SCRWTD Board) amending Section 3 of the Annex I to more accurately bill for flow due to meter failure, which Amendment is attached hereto and S:ICAIRESOlAgreementsllnterlocalslFourth Amendment to Interlocal - SCRWTDB.doc " made a part hereof. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of February, 2003. ~ ...J<ommissio~~J; ~.7 /...,/ ......1 '7;:"""/ ~~p7 c::.-mp .... Commissioner S:ICAIRESOlAgreementsllnterlocalslFourth Amendment to Interlocal - SCRWTDB.doc ...., """, '\, R03-0'3~ FOURTH AMENDMENT TO INTERLOCAL AGREEMENT THIS FOURTH AMENDMENT TO INTERLOCAL AGREEMENT is made and entered into this IB day of ~bnULr'f , 2003, by and between the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "BOYNTON," and the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "DELRAY." WIT N E SSE T H: WHEREAS, BOYNTON and DELRAY pursuant to Section 163.01, Florida Statutes, have heretofore entered into that certain Interlocal Agreement dated the 26th day of December, 1974, establishing the South Central Regional Wastewater Treatment and Disposal Board (the "BOARD"), as amended by First Amendment dated May 27, 1981, by Second Amendment dated September 15, 1983, and by that certain Third Amendment thereto dated October 19, 1995, a copy of which such Interlocal Agreement and above referenced Amendments thereto are attached hereto as composite Exhibit "A"; and WHEREAS, the BOARD is desirous of amending said Section 3 of Annex I of the Interlocal Agreement to more accurately bill for flow due to meter failure by changing the basis for billing of the daily average of the three preceding monthly flow to the preceding seven days' flow; and NOW, THEREFORE, be it resolved as follows: That certain Interlocal Agreement entered into on the 26th day of December, 1974 by and between the City of Boynton Beach, Florida, and the City of Delray Beach, Florida, is amended as follows: 1. Section 3, Failure of Meters, is hereby amended in its entirety to read as follows: "3. Failure of Meters: In the event of a meter failure which prevents the recording of continuous flow data for any period of time for billing purposes, that period of time will be billed on the basis of the daily average of the seven preceding days. " 2. This Amendment shall become effective upon ratification by a majority vote of each City Council. 3. This Amendment shall be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit in West Palm Beach, Florida. 4. The Interlocal Agreement as heretofore amended shall remain in full force and effect altered only to the extent of this Amendment. RESOLVED this ,~ Ii; day of j- fiN () A j,) II ~ / ( ) --t 2003, by a '7-~ vote. \ '--. OWl. . .,./i J .'. / ATTEST: Approved as to form: By, ~ oard Attorney The undersigned Cities of Delray Beach and Boynton Beach hereby ratify the action taken by the South Central Regional Wastewater Treatment and Disposal Board in accordance with the foregoing Amendment to Interlocal Agreement. WITNESSES: CITY OF DELRAY BEACH By: Mayor Attest: As to City of Delray Beach City Clerk (SEAL) WITNESSES: ~~~P- (SEAL) Approved as to form: City Manager City Attorney CITY By: Approved as to form: City Manager ~~ R03-03~ FOURTH AMENDMENT TO INTERLOCAL AGREEMENT THIS FOURTH AMENDMENT TO INTERLOCAL AGREEMENT is made and entered into this day of FebrUdri BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "BOYNTON," IS , 2003, by and between the CITY OF BOYNTON and the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "DELRAY." WIT N E SSE T H: WHEREAS, BOYNTON and DELRAY pursuant to Section 163.01, Florida Statutes, have heretofore entered into that certain Interlocal Agreement dated the 26th day of December, 1974, establishing the South Central Regional Wastewater Treatment and Disposal Board (the "BOARD"), as amended by First Amendment dated May 27, 1981, by Second Amendment dated September 15, 1983, and by that certain Third Amendment thereto dated October 19, 1995, a copy of which such Interlocal Agreement and above referenced Amendments thereto are attached hereto as composite Exhibit "A"; and WHEREAS, the BOARD is desirous of amending said Section 3 of Annex I of the Interlocal Agreement to more accurately bill for flow due to meter failure by changing the basis for billing of the daily average of the three preceding monthly flow to the preceding seven days' flow; and NOW, THEREFORE, be it resolved as follows: That certain Interlocal Agreement entered into on the 26th day of December, 1974 by and between the City of Boynton Beach, Florida, and the City of Delray Beach, Florida, is amended as follows: 1. Section 3, Failure of Meters, is hereby amended in its entirety to read as follows: "3. Failure of Meters: In the event of a meter failure which prevents the recording of continuous flow data for any period of time for billing purposes, that period of time will be billed on the basis of the daily average of the seven preceding days. " 2. This Amendment shall become effective upon ratification by a majority vote of each City Council. 3. This Amendment shall be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit in West Palm Beach, Florida. 4. The Interlocal Agreement as heretofore amended shall remain in full force and effect altered only to the extent of this Amendment. RESOLVED this It ~ day of .J.oCJ,V /) AR )/ / , 2003, by a 7~ vote. ~ ATTE~]);t? - ~ecretary Approved as to form: BY'~ Boar Attorney The undersigned Cities of Delray Beach and Boynton Beach hereby ratify the action taken by the South Central Regional Wastewater Treatment and Disposal Board in accordance with the foregoing Amendment to Interlocal Agreement. WITNESSES: CITY OF DELRAY BEACH By: Mayor Attest: As to City of Delray Beach City Clerk Approved as to form: City Manager (SEAL) City Attorney WITNESSES: CITY By: ~.~ Approved as to form: City Manager (SEAL) 111111111/ 0 III U 0111111111111111111111111111111111111., A~u re~o,(L{"K Ytt -0.tt f'\. -fo : Robert W. Federspiel. Esq. Spinner, Dittman, Federspleld & Dowling 151 N.W. 1st Avenue Delray Beach, FL 33444 04/23/2003 09:54:25 20030226988 OR BK 15101 PG 0001 Palm Beach County, Florida ,r-:--' .....--:--'\ ~ r- ~ ":""\1 ((, . ,,' ~..,: ..0/ ';',' ~. ",~ LJ ' ROB-O?-~ FOURTH AMENDMENT TO INTBRLOCAL AGREEMENT THIS FOURTH AMENDMENT TO INTERLOCAL AGREEMENT is made and entered into this I B day of -.E6.bru.o...r1 , 2003, by and between the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "BOYNTON," and the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "DELRAY." WIT N E SSE T H: WHEREAS, BOYNTON and DELRAY pursuant to Section 163.01, Florida Statutes, have heretofore entered into that certai!l Interlocal Agreement dated the 26th day of December, 1974, establishing the South Central Regional Wastewater Treatment and Disposal Board (the "BOARD"), as amended by First Amendment dated May 27, 1981, by Second Amendment dated September 15, 1983, and by that certain Third Amendment thereto dated October 19, 1995, a copy of which such Interlocal Agreement and above referenced Amendments thereto are attached hereto as composite Exhibit "A"; and WHEREAS, the BOARD is desirous of amending said Section 3 of Annex I of the Interlocal Agreement to more accurately bill for flow due to meter failure by changing the basis for billing of the daily average of the three preceding monthly flow to the preceding seven days' flow; and NOW, THEREFORE, be it resolved as follows: That certain Interlocal Agreement entered into on the 26th day of December, 1974 by and between the City of Boynton Beach, Florida, and the City of Delray Beach, Florida, is amended as follows: 1. Section 3, Failure of Meters, is hereby amended in its entirety to read as follows: "3. Failure of Meters: In the event of a meter failure which prevents the recording of continuous flow data for any period of time for billing purposes, that period of time will be billed on the basis of the daily average of the seven preceding days." 2. This Amendment shall become effective upon ratification by a majority vote of each City Council. 3. This Amendment shall be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit in West Palm Beach, Florida. 4. The Interlocal Agreement as heretofore amended shall remain in full force and effect altered only to the extent of this Amendment. RESOLVED this It -#v day of JA , 2003, by a ?~ vote. '-- Sm Approved as to form: BY'~ .Boar At torney ~~ lV. Kd~ple.-I The undersigned Cities of Delray Beach and Boynton Beach hereby ratify the action taken by the South Central Regional Wastewater Treatment and Disposal Board in accordance with the foregoing Amendment to Interlocal Agreement. WITNESSES: ~ ,I(}~itff lL(e (i Sd-f ( I ~/n~~ As to City of Delray Beach C,de 1k- r~VbOhD~h CITY OF DELRAY BEACH BY:~ .'all ~___ ~ Wid W,M~~nUci+- ~,."'- .~ \," ~ ' At~eEl_t::~ ~~~ ~~...\~, _,~itrH.sJe~k. _:~~ ' )Che\l~lt. ('J~ {l -,..... - <. ..-'..- Approved as to form: (SEAL) &:!U /(.4~ Dl14Ijgi~ 11~~ ~~~ ,....').. City Attorney ~. Br-ilU\ 5hlt-tr WITNESSES: City Clerk J ().I)< + YY\. P ro..,.t'A.. To Approved as to form: City Manager (SEAL) C,', ) "~ ' ' .' . ~ bUU~ i~i~J ~HbC ~~~~ .) , / /. -'. . '/" J'.' ( ". - .' I. '_' .. ~ . ( , ;, ~', .... .:r~ ....: ORB '9139P9 379 l ~ .... ~_i, ; ~. . . -): , .' <;, .., . / \: .. ..:::i -/ .; \.~ INTERLOCAL AGREEMENT .;. THIS INTERLOCAL AGREEMENT, made and entered into this .;tb ~ day of ~ , A.D., 197t, by.and between the City of Boynton Beach, Florida, a municipal corporation (h~reinafter called "Boynton"), and City of Delray Beach, Florida, a municipal corporation (hereinafter called "Delray"). , W ~ 'T N ESSE T H: WHEREAS, Boynto~.and De1ray are authorized by Section 163.01, Florida Statutes, to enter into interlocal agreements to cooperativeJ utilize the most efficient use of their powers on a basis of mutual advant~ge and to provide services and facilities in. accord best with .' ~eographic, economic., population and other' factors influencing the , '. . needs and development 'of the local community; and WHEREAS, a public agency of this State is authorized to ex~rc: jointly with any other public agency of the State or the United StatE au~hority which such agencies share ~n common and which each might ~y.ercise separately; and WHE~S, in order to provide for the public health, welfare , . and safety. of the citizens of Boynton and Delray and others in the Region, a regional approach is necessary to the furnishing of ~~gional wastewater trea~ent and disposal withou~ regard.to . political or. governmental boundaries; and WHEREAS, Boynton and Delray presently own,~operate and mainta: ~r.eir own wastewater collection and transmission systems and, -:,:',''1reas, both Boynton and Delray will continue to own, operate, maintain and expand said systems to deliver wastewater to the South Central Regional Wastewater Treatment And Disposal Facility (hereinafter called "Regional FacilityU); and WHEREAS, it is in the best interest o.f the citizens of Boyntol ~ndDelray that a single entity make all the policies r.ecessary. EXHIBIT I~ . I /' ,.(.. L .. . . I ~......... u,,",y.\ ......."'1&.1.& r'HU&;. lLfOUt;.fw ~. . , , '... .. . ORB 9139 P9 380 in connection with the providing and the furnishing of regional wastewater treatment and disposal service in the South Central Region of Palm Beach County as presently established by the regu- latory agencies; and .. WHEREAS, since. such an entity will have broad pQwers and responsibilities, it should be composed of five members of the City Council of ,each City. NOW, THEREFORE, for and in consideration of. the mutual benefi to flow to each other, the City of Boynton Beach and the City of Delray B.each and to the citizens' residing in both Boynton and Delray, and in considera~ion of the mutual covenants, promises and agreem~nts herein contained, Boynton and Delray hereby agree with each other as follows: Section 1: Purpose of Agreement. Thepurpose'of this ,Interlocal Agreement is to create and by these presents does, hereby create a legal entity composed of five members of the. City Council of each of the two cities (Boynton and Delray) to be known as the South. Central Regional Wastewater Treat- ment and Disposal Board (hereinafter called..Boar4")~ The Board ~s charged with the responsibility of providing wastew~ter.treatrnent and disposal ~ervices to the South Central Region de~icted: on the map dated December, 1974 which is attached hereto as Exhibit A and made a part hereof, which map also delineates the.s~rvice areas of Delray and Boynton. Such Board shall make all policies for the ad- ministration, operation, maintenance, enlargement, development, re- . I. to comply with and abide by all ~o1101ea a. .hall be ..~ an4 deter- mined by such Board and approved by the majority vote of ~he separat City Councils of Delray and Boynton, subject at all times~ however, to the contractual rights of the holders of the revenue obligations , . of the separate Cities. It is not the purpose of this Agreement to transfer ownership of any existing facilities. Nothing in this Agreement, hawever~ share. 'ever' ~ cCm$t:.J:uecT t:a au~' HieB'aaxd".. -2- _. lj /7 '4 DUun .l.J.llU.l ,...HOC. llJIU....O . .,t ~~ ...,'. , .~ '.. . ORB 9139 P9 381 Boy~ton or Delray to affect adversely or impair the contractual rights created and vested by reason of the issuance at any ~ime of bonds by' Boynton or Delray. section 2: Duration. The Board shall continue in existence until it is' replaced by (a) a satisfactory legal ,entity or contractual arrangement ap- proved by a ma~ority vote of each of the City' Councils or (b) by governmental restructuring or reorganization when ra~ified by the . . qualified.elec~ors of the South Central Region, which must include a majority ratification by electors of Boynton and a majority rati- fication by electors of Pelray. ,Section 3: Powers and Procedures. (A) Procedures.,.' 1. The'Board shall meet immediately and select a Chair- man and thereafter such additiQnal officers and agents as the Board shall from time to time deter.mine and who shall continue to hold such positions until their succe~sors are duly selected and installet 2. The Board shall meet at least quart.er-annually or l more often when neces~ary upon call of th~ Chairman or upon request of not'less than four (4) members of the Board to transact the business of the Board. 3. A quorum for the purpose of transacting business shall consist of, not less th~n six (6) members comprised of not less than three (3) members of the .City Council.~f ~oynton Beach and . not less than three (3) members of the City Council of Delray Beach. 4. The concurring vote of seventy percent (70%) of tHe members present, including the concurring vote of at'least two (2) members of each Council shall be necessary to decide any question. S., The Board shall adopt by-laws, rules and regulationE to govern its'actions and procedures. (B) The following powers are exercisable by the Board~ 1. The power and authority t~ accept funds appropriate, '. to' it by any governmental body or from whatever. s~ur~e, and it may -3- ,', " OUU/'\ J..JJ.4UJ I"'Hl3t:. 4U4U1U1 ORB 9139 pg 7B."" 1....1 ..::. apply for and receive grants and donations of all ~inds. 2. May expend all or any part of such funds for any lawful purpose or purposes consistent with the general purposes of this, Interlocal Agreement. 3. ,Shall have the authoritYr independently or by or wit , ; the assistance of either of.the participating parties hereto, to enforce all rules; r,egulations and policies adopted under the autho ity'of'this Interlocal Agreement, and may resort to any available 1 . process for this purpos~. 4.' Shall be authorized to defend or prosecute all law~ " and claims in which the Board is a proper party and to collect and pay such expenses and to settle claims related 'thereto, and to emp the services of attorneys~ accountants and'other professional 'advi for the prosecution'or 4efense of such lawsuits and claims. 5. Have such additional powers as are by resolution c agreement lawfully delegated'to it by the City Council of each Cil 6. Enter into contracts for budgeted items. . 7. Shall provide for a~propriate.depositories into which all fun~s s~all be deposited. 8, Establish a procedure for'disbursement of fund~ from the appropriate depositories. .9.. Establish fidelity. bonds for those receiving and disbursing funds. 10. Make authorized purchases in the Board's name. 11, Transact all business and take title to all pers property in its own name. 12. 'Acquire ownership, custody, operation, .maintenar le~se or sale of personal property, . . 13, Shall purchase all necessary insurance coverage . fully protect ~he facilities, inc~udi~~ but not limited to fire casualties, liability, workmen's compensation, surety, bonding. -4- ...,.....,.,..It, ... w... ...,... r'rH.lL. ...,...,...,"""" ORB 9139 P9 383 (C) The fOllowing powers are exercisable by the Board subject to approv~l by a majority vote of each City ~ouncil' before becoming effective. 1. Shall create employee positions. 2. Shall at l~a~t annu~l~y consider the Regional Fac: with respect to ,the POlicies, rates, charge~, maintenance" exten! expansions, construction, financing and management ~nd take such action thereon as'is, deemed necessary, 3. Shall annually ~dopt a budget in accordance with procedures established by the Board. . . . 4. Enter, 'into contracts 'for non-budgeted items. 5. Acquire ownership, custody, operation, maintenance lease or sale of real property. 6. Return any surplus money accUmulated to the ,Cities their proportion of 'ownership of the facilities. (D) An independent a~dit shall be made of 'all accounts of the Board'at the end of each 'fiscal year and more ,frequently if deemed necessary by the Board. Such audit shall be' made by certi . public accountants experi~nced in governmental accounting, and wh shall have no personal interest, direct or indirect, in the'fisca affairs of the South Central Regional Wastewater Treatment and. Disposal Board, or of any members of the Board.' The condensed au( shall be distributed to members of,the City Councils, City ManageJ City Financial Officers and any member of the public requesting same. An annual report of the Board business shall be made avail, to the public by the Chief Executive Officer in su~h form as will disclose pertinent facts concerning the activities and finances of the South Central Regional Wastewater Treatment and Disposal Boare Section 4: Procedure for amending Interlocal Agreement. . A proposed amendment to this Interlocal Agreement may be initiated by any Board member in writing. to the Board at least ,seven (7) days prior to a vote thereon, and such proposed amendrnen mUst be approved by the concurring vote 'of the Board dS. set fort~l -5- -. ., BOpK 15101; PAGE 000Y ORB 9139 P9 384 in, Section 3 above7 provided, however, that no proposed amendment shall become effective unless approved by a majority vote of each City Council acting independently. SectionS: Authority to hire and discharge Chief Executive Officer. The Board may hire and discharge a Chief Exeputive Officer t the concurring vote of the Board, aS,set forth in Section 3 above provided, however, no'such action' to hire or discharge such Chief Executive Officer shall,be effective unless approved by a majority vbt~ of both City Councils acti~g independently 'of the Board. Section 6: . Duties and authority of Chief Executive Officer. The Chief Executive Officer shall be the administrati.ve heae . . of the Regional Facility. He shall be responsible to the Board fo) the proper administration of all affairs of the Board and of'. the . Reg~onal Facility, and to that' end, subject to the provisions of this Interlocal ~greement, the' Chief Executive Officer shal~ have the power and shall be required to: (A) appoint employees. ' Appoint and when necessary for the good of the Regional Facility remove all officers and employees of the R~gional,Facility except as otherw~se provided by this Interlo: Agreement and except as he may authorize the head of'a department \ office to appoint and remove subor~inates in such department or . qffi,ce~ (B) budget. Prepare the budget annually and submit it to the Boa~d and be responsible for its administration afte~ a4option (,C) financial report. Prepare and submit to the Board as of the end of the fiscal year.a compl~te report on the finances and administrat~ve activities of the R~gional Facility for the p;receding year, (D) financial condition. Reep the Board advised of the ,financial condition and future needs of the Regional Facility anq make such ;recommendations as may seem to'him desirabl~1 . . ..6- ~L.I .J...1/ I" f UUUh "..,,,~,, ....MUC. ".__. "" ... . ORB 9139 Pg~8S (E) other duties. Perform such other duties as may be prescribed by this Interlocal Agreement or ~equired of, him by the Board not inconsistent with this Interlocal Agreement. Section 7: Ownership. Ownersqip of the regional wastewater treatment and disposal facilities shall' be vested proportionately with Delray'and Boynton in accordance with the capital' investments of each City as made from time to time. Facilities may be constructed on land owned b~ the Board and/or leased. from either City. Land and/or facil~ties owned by either City may be leased, purchased or otherwise acquirE . ' . by the ~oard. Land for the treatment facility may be acquired by the Board and fi~anced in the same manner as the improvements. Ee . City may meet its required capital 'contribution by contributing Ce . . land, capital assets, or any combination thereof, provided, how eVE that any such contribution other than cash shall be first approve< by the Board and by the majority of each City Council. Each City will pay the ,debt service on its own bonds. Section 8: Services and cost allocation~ It is agreed that the initial project for a l2-million gal per day (MGD) facility to be constructed under the terms of this Interlocal Agree~ent will be t~at project more. fully described in EPA application FY75 No. 'C-l2-04060l0,'and signed by appropriate officers of each City. It is further agreed that the services of the Regional Facility shall be ,available only to the wastewater . . received through the transmission lines of Delray and Boynton. Be Boynton and Delray agree to an allocation in the initial lZ.MGD project of 6 MGD.average daily flow for each City. The capital c I allocation for each City will, therefore, be 50\ ot the total to~ the sarne initial project. . The cap~tal cost ~f any expansion of capacity of ~he Regional Facility shall be apportioned to each Cj in proportion to the allocation to each City of such added capacS ...7- '\ uuu~ !J!~! ~Hbt ~~lJ ORB 9139 P9 386 Section 9: Written Agreements. The Cities may enter into written agreements from time to time temporarily assigning unused portions of the allocation of capacity from one City to the other City. Such agreements shall be administered by the Board. Charges to the user under such agree- ments shall be 150% of' the monthly billing rate per MGD.. Of the said 150%,.one-third shall be credited to the billing of the releasing City, anq the remaining two~th~rds shall be retained by the Board. , ' Section 10: Supervision and operation. In view of the fact that initial installation of regional wastewater treatment disposal facilities will be within the city . limits of Delray, the Board will contract with' Delray on.a non-profi , . basis to supervise the construction of and to operate the R~gional Facility, provided, however, that such contracts shall be approved by the majority vote of each .City Councii and provided, further, that such contracts shall be subject to the contractural ~ights created and vested by reason ,of the'issuance of bonds by Boynton' or Delray for th~ construction of' said Regional Facility,. Section. 11: Renewal and replacement requirements. Renewal and replacement requirements of the Regional Facility shall be considered by each City in the establishment of their respective rate structures. Section 12: Expansion. At any time th~ plant has reached 75% of the overall design capacity of the last ,expansion increment, the Board shall commence final financing and engineering plans for the proper ~xpansion of , the project. This planning must be completed by the Board and, submitted to the City Councils of Deiray and Boynton for approv~l ~y the time the. plant has'reached'85\ of the overall design capaciti' of the last expansion increment. -8- ---_- 7-'1 " . , DUUF\ J.JJ~J t"'HUC. lI.I~~'- ORB 9139 p~ 387 Section 13: Financial support. Within ten (10) days after '~his Interlocal Agreement becorneseffective as provided in Section 14 hereof, Delrny and Boynton shall each pay to the Board the sum of $25,000.00 from theiJ respective public funds to provide financial;$upport to defray a portion of the costs of fulfilling the purposes set forth in this Interlocal Agreement. Section 14: Approval, filing and effective date. This Inter1oca1 Agreement shall be immediately submitted to 'the Department of Legal Affairs of the State of Florida for approvaJ as requir~d by the' provisions of Sec~ion 163.01(11), Florida StatutE A copy of this Inter1oca1 Agreement and all subsequent amendments thereto shall be filed with the Clerk of the Circuit Court of Pa~ , . l Beach County and with the Department of Community Affairs of the ata~e of Florida. This Inter10cal Agreement shall.take effect immediately upon its approval by the Department of Legal Affairs ana its being filed as provided in Section 163.01(11,12), Florida Statutes. IN WITNESS WHEREOF, the City of Boynton Beach and ~he City of Delray Beach have entered into this Interlocal Agreement and' have caused it to be executed by their duly authorized officers. CITY OF DELRAY BEACH , A Municipal Corporation CITY OF BOYNTON BEACH A Municipal Corporation } . 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L ::':::+ ~. :' " .;.;~. :.: I.'.: >.~'-.; .~t.RA'{'BC~; S~~ \('Ice~ - @j "~--I ~?l ': J I. r=; · ~-:.. :', V. ;~ 1 . ~~~~~~~~~~ -. _-:f r ff~L:~~ij""i t.' ..."K....... . I' b L :." ,I' eol " /I'~~ :J_' ~ , .. : RECORDER'S MEM : :>gIOll1:Y 0\ oJeum r _ _.._.,' _ ., unsatisfactory when received. -.-! ,,'. I ! '...,.......-:...j..."1...t: "..... ~. ! '- ........;...............-/1'....:... ",,-L .:..,t~'. ..,: ...::.:" . ,r __:-. : ""'. ...i ~,-- . t . I ... I , I , i J I , .' I :. ...-....... -...T-....... .... ~~r........ , I " I f. " : .....""u.\ ......J.......l r'MU'- ........,...,.,J l ...........--..--.... . : .. . : ~ I. I , .. . r. I , I I . \ - "" . I . . . . I I '" ....... , ! .. . -- .. . , , ' , ------:---- -- .. I... , , . , I i , , I - I I ~ .. , --- ...---t-----;..-".------ , I ,. , , I I t..... .. 'r , ' . " . , I , ~ _..~---- --... , , I , . I I . ,~ .;, .....J... .... .... , , . . . : . .... ., -... - . .. .r -- . . e:- .. . .. . 12/19/711 , '..... .'" ~uu~ l~l~l ~Hb~ ~~l~ ORB 9139 pg 389 ALLOCATION OF OPERATING COSTS ANNEX' X " to the Interloc~l Agreement between the City of Delray Beach, Florida ("Delray"), and the City of Boynton Beach, Florida ("Boynt (hereinafter sometimes referred to collectively as the "City" or th "Cities"), dated the ~t:,~ day of '-~ , 19l1.. This Annex will establish and provide the 'basis of operation, supervisic . man~gement, maintenance,' repair and replacement cost determination . and billing therefor of t~e Regional Plant. 1. Proration'of Operation Costs: Boynton and Delray.have agreed to pay to the Board a proport part of the Board's ."operating costsU as used herein and in the . . Interlocal Agreement to which' this is attached which are defined a~ the total cost of all operation, supervision, management, maintenw repair, renewal and replacement expenses and all other operating expenses. The portion of the opera~ion costs paid by each City sh< . be based. on the ratio that each City's flow bears to the total,flo\ Said costs shall be billed on a monthly basis and'shall be payable by each City to the Board within ten (10) days after receipt of thl . invoice for sam~. 2. Metering Stations: It is agreed that the Cities will from time to time, at the expense, acquire, install and construct metering facilities of a type, quality and at locations approved by the Board and acquired by the Cities at. their expense, for the purpose of providing depen' able recorded measurements of flows of wastewater discharging from the Cities into the Regional Facility. Said facilities shall be operated, s~pervised, managed, maintained, repaired and replaced by the Board as a cost to the Regional Facility. Until said ~eter fac~lities have been so acquired, installed or constructe~, the. Ci ...1- ,. ~uu~ !~!~l ~Hbt ~~l~ , 'I ORB 9139 P9 390' shyll not discharge any wastewater into the Regional Facility. 3. Failure of Meters: In the event of a meter failure which prevents the recording of continuous flow data for any period of time for billing purposes~ that period of time will be billed on the basis of the daily average of the three preceding monthly flows. 4. Sludge: It is agreed that the'prompt removal of sludge is necessary to the efficient operation of the Regional Facility, and no charge shall be made to either of the parties hereto for the sludge removed by such party and any sludge so remov~d shall be treated as the property of that party~ The sludge shall be available to the Cities on ~n equal basis." 5. Claims Against the City: In defending or prosecuting any claims of any nature whatsoev lawsuits,' actions, causes of ~ction, workmen's compensation, or any other matters pertaining to ~heoperations of the Regiona~ Facility and the activities of the Board,. includi~g legal, fees. and . , expenses, fees for professional services, or any other,r~lated expenses, shall be included as a part of the operating costs of the R~gional Facility., I I I } I J '/ CITY OF DELRAY BEACH A Municipal Corporation . By )~)j,jc4P, Mayor ;\ At~est: . , t' J -~~,-<,.c.G ~(4-.rL."'-'-' City.1/ lerk . I (.. I . ~ . It' Approved ,'as to correctness ~~R~. ty Manager r~~:f-~ C~ty Attorney . CITY OF BOYNTON BEACH A Municipal Corporation .By Attest::: '.' . { I .' (!61Lj, (1h,..t.,;, iJ'F:!J. . Ci ty C !3rk I , I I ~ . \ . . ". 'f Approved"I~'s I to correctness and fo . , I ~ # I ' .&:~ ~ ~l. ty :Attorney -2~ ~ /' . .. uuu.\ .I,.,J~lLf" '-.n'-'L. 1lJ'U..... ORB 9139 pg 391 , " STANDARDS OF ACCEPTABILITY FOI\ WASTE\iATElt. DISCIIARGED INTO THE REGIONAL FACILITY ANNEX II . . '. to the Interloca~ Agreement between the City of Delray Beach, '. . Florida ("Delray"), and the City of Boynton '.Beach, Florida ("Boynton . ' (hereinafter sometimes referred to collectively as the "City" or the "Cities"), dated the ;tlo~ day,of ~ "l9.Tf. 1. Definitions . " Unless the context specifically indicates otherwise, the . meaning of terms used'in these regulations shall be as follows: . "Sew:age Works" shall mean all facilities for collecting, , , pumping, treati~g, and disposing of sewage. "sew~ge" shall mean a combination of the'water-.carried waste from residences, business buildings, .institutions, and industrial .'establishments, together with suc;:h ground, surface and storm \'laters as may be pre~e~t but unintentionally admitted. , "Se\'ler" shall mean. a' pipe or conduit for carrying sewage. '''Public Sewer" shall mean a ,sewer in which all, owners of abutting properties have equal rights, and is. controlled by public authori ty .. "Sanitary Sewer" shall mean a sewer which carries sewage .' and to ~hich, storm, surface and ground waters are exclud.ed. .. .' "Storm, Sewer" or "Storm Drain" shall mean a sewer which carr storm and' surface waters 'and drain:age, but excludes sewage and Folluted industrial wastes. MWater Pollution Control piant" shall mean any arrangement of devices and structures used for treatm~nt of sewage. " ' "Industrial wastes" shall mean the liq~id wastes from industrial processes as distinct from sanitary sewage. .' "D.O.D. I' (denoting Biochemical Oxygen Demand) shall mean th' " quantity of oxygen utilized in the biochemical oxidation of organi . matter under standard laboratory procedure in five days at 20 degr -1- nuUh l~l~l ~Hb~ ~ll ORB 9139 pg 392 .' expressed in purts'pcr million by weight. "PH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. "Suspended Solids" shall mean sol~ds' that either float on the surface of, or are in suspension In ,water, sewage, or other " liquids, and which are removable by laboratory. filtering. "Natural Outlet It shall me'an any outlet into a waterc~)Urse, . , pond, ditch, lake, or other body of surface or ground water. "Watercourse" shall mean. a channel in which a flow of water occur~, either continuously or intermittently. , "Person" shall mean any individual, firm, company, associatic society, corpor~tion, or group. .Shall" is mandatory; "May" is permissive. "City" shall mean either City of Boynton Beach or City of Delray'Beach, as applicable. .Constituents" shall mean 'the combination of particles .or conditions whrch exist in the Industrial Wastes. . "Flammable" shall be defined by existing fire regula~ions. 2,. Use of Public Sewers A. Except as hereinafter' provided, no person shall discharge o~ cause to be discharged any of the following described ~ater~ or wastes' to Board's Regional Facility.' . ., 1. Any ~iquid or vapor havipga temperature higher thqn 150 degrees Fahrenheit. '2. 'Any 'water or waste which may contain more than 100 parts per million, by weight, of fat, ~il, or grease, 'or any wa~er or wastes containing oils '. greases, .or other substances that. wi~l solidify' or , . become viscous at temperatures between '32 degrees to 150 d~grees Fahrenheit. 3. Any.gasoline~. benzen-, naptha~.fu~l,?il, mo~or , , oil, ,mineral, spirits,' commercial' solvent or other -2- ~~~~~ rn~~ ~~~~ ORB 9139 P9 393 flammable or explosive liquid, solid, or gas. 4. Any water or wastes that contain more than 10.0 parts per million by weight of the following gases: . hydrogen sulphide, sulphur dioxide, or nitrous oxide. 5.. Any, .ashes, cinders, sand, mud" straw, shavings, metal, glass, rags, feathers, offal, plastics, wood, paunch manure, h~ir and fleshings, entrails, lime residues, beer,or'distl11ery slops, chemica~ residues, paint or ink res~dues, cannery waste bulk solids, or any other solid or viscous substance capable of causi~g'. obstruction to the' flow in sewers, or other interference with the proper operation of the,sewage'. ; works. 6. Any waters or wastes h~ving a pH, ~ower than 5.5 . . or h~gher than 9.5 at any time, or having' any other corrosive property capable of causing damage or hazard to structures~ equipment, and personnel of the sew~ge works. 7. Any waters or wastes contain~~g toxic, poisonous, . . ., ..'...' ox: 'radioactive substances in ,concentrations such as ~o consti :tute a hazard to humans or animals' .or to interfe~e with any sewage treatment process, or create any hazard in the receiving waters of the sewage treatment plant. The limits fixed herein may be used as a guide in des~gn and plant control, but may be 'altered by the Board in the event of a cUmmulative over~oad on . the sewage treatment plant. Fixed Upper Limit~ for'Constituents (Part~ per Mil~ion by weigh1 1. Cadmium 2.' Chromium' 3. Copper. 0.1 0.5 3.Q ;. -3- .' ORB 9139 P9 . . 394 4. Cyanide 0.0 5. Nickel 0.0 6. Silve'r 0.5 7. Tin 0.0 8. Zinc 3.0 9. Phenol 0.5 10. Lead 0.5 11. Mercury 0.0 12. Arsenic 0.01 " '.'13\ Flouride 1.3 14. Selenium 0.1 15. Barium 1.0 16. Strontium O~O 17. Chloride .600 18. H2S 10.0 8. Any waters containing suspended solids of such character and quantity that unusual provision, attention or expense is ,required to handle such materials at the sewage treatment plan:t ~ ' 9. Any noxious or malodorous gas or substance, capable of creating a public nuisance or hazard to life or preventing entry into sewers for their 'maintenance" inspection and repair. 10. Any waters 'containing quantities of radium, naturally occurring,' or artificially produced radio- isotopes in excess of presently existing or subsequently accepte4 limits for drinking water as established by the National Committee on Radiation. 11. Any concentrated dye wastes, spent tanning solutions,or other wastes which are high1y colored, , or wastes which are of 'unusual volume, concentration . . of sOlids or composition that may create obst~uction . ... -4- .... DUU~ j~j~j ~HO~ ~~~~ ORB 9139 P.9 395 'to the flow in sewers, or other interference with the proper operation 'and treated effluent of the sewage works. 'B. . The admission into the public sewers of any waters or wastE having a five~day Biochemical Oxygen Demand in excess of 500 parts per million by weight on a 24 hour composite basis, or for any sample period having a five-day. BOD in excess of five times the average influent value for the affected sewage treat ment plant during th~ previous calendar year, will be subject , , to review by the Board. ,:Where' necessary ~'the,opinion of the . .., . Board,' the contribut~r shall provide and ope~ate ~t his own expense, such pretreatment as may be 'required to reduce the, .. . ". . .,. . ~iochemic;:~l oxygen,.Demand to meet, the abov~ requirem~ts. .' .,... C,.' '1'h~ ~dmi'ssi~~. into ~h~ public se~ers' Of'" a~y ~at~~s o~ :wastes havi~g ~:suspended.solids content in excess of' 500 .. . ..... : ,parts' per milli~n by w~ig~t on a ,'24-hO~' ~omposite basi~ , . or . " having a: suspended solids content for' any , sampl~ . period, . . . " . 'greater t~an five times the average influen~ value r~corded , . , . .L-.' .. ." at the affected sewage treatment p~ant during tho prev~ous c~lendar year,' will 1;>e ~ubject"to revie~l by the Board. . 'Whe~e . . . . necessary'in the opinion.of the Board, pretreatment may be . , . " " " . . . ' required .a~ in B above. " ' '" .' -, .. " ~ D. '. The: 'admission 'into the public s~wers'''of, any ~ate~~' ~r '.: wastes in volume~ or. with co~stituents, such that.existi~g dilution conditions in the'sewe;s or' at the treatment plant . , . , would be affected to the detriment of the regional treatment plant, shall be subject to review and approval of the Directc of Utilities of 'each City., Where necessary in the opinion'oj the Board,' pretreatment or equalizing units may be required o . ~o bring' cons~ituents ~r volume of ,flow w1~h1n presc:1ced . . acceptable, levels and to hold or equalize flows such that no flow conditions may hamper operation of any unit of.the sewe system. Said equa11zation or,holdlng unit shall have a -5'- '. '. '. ....."..",""., .A~""'. rn"",.... ""..._.. ,. ORB 9139 pg 396 c~pacity suitable to serve its intended purpose, and be equipped with acceptable outlet control facilities to provide flexibility in operation and accommodnte 'changing conditions . .' in the w~ste flow. E. Where preliminary treatment facilities are provided for any waters or 'waste, they shall be maintained continuously . and/or user in satisfactory ~nd effective operation by,the o~ner/at his expense. F. Waste discharges to the regional plant by either city shall be limited as ~o chlorides as 'follows: initially 1500 pprn for five years after the date of connection of the City's system to the regional ,plant or until advanced waste treat-' ment'is added to the regional plant, whichever is sooner; thereafter, 600 ppm for five years. In the event that the chlorides exceed the above standards for any 30 day period, the monthly operating charge', to either City, as provided for in the Agreement shall be multiplied by the ratio of the - 'ac'tual chloride concentration to the standard and the rate , produced will be monthly charge billed to the applicable cities. No credit will be given for chlorides falling below the standards. G. All measurements, test and analyses of the character- . istics of waters and wastes to w~ich reference is made In this Annex II shall be determined in accordance with "Standard Methods for the Examination of ~ater and Sewage," and shall be determined upon suitable samples from the nearest down- stream manhole in the public sewer to. the point at. which the buildi?g sewer is connected. . H. Any approval by the Board of a type, ki~d, or capacity of an installation shall not relieve a person of the responsibility .' of ~evarnping, enlarging or otherwise modifying such installation to accompli~h an intended purpose. Nor shall any fixed or verbal agreement as to 'limits of constituents or volumes of -6- DUU~ ~~~~~ ~MU~ ~~~ ORB 9139 P9 397 waters or wastes be considered as final approval for contin\ operation. These limits will be subject to constant study i change as considered necessary ~o cerve their intended purpc I. In the event of an accidental. spill or unavoidable loss to the drains of any deleterious'rnaterial, the industry . concerned shall promptly notify the Board of the nature of t spill, the quantity and time of occurrence. J. No statement contained in these rules and regulations . shall be construed as preventing any special agreement betwe the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Board for treatment, subject to payment therefor by the industrial concern. K. No storm water, yard drains, roof drains, air conditioner or street catch-basins shall be emptied by either City into the Regional Facility and no waste from any industrial or , commercial plant may' be discharged by either party into any sewer unless said waste shall first have been treated as prescribed herein. 3. 'Overloading, Endangering or Impairing Efficient Operations It is understood that both Cities will enfor.oe the Standards of Acceptability set forth herein. It is further agreed that no provision of this agreement or any other'previous agreement shal. be construed in such a manner as to 'allow either Gity, either fo: itself or for the use and benefit ~f any person or entity to construct and' connect any sewer or sewers which will overload, endanger or ,impair the efficient operation of the Regional Facil: IN WITNESS l~IEREOF, the City of Boynton Deach and tha Cit~ . of Delray Beach have entered into this Annex II to'Interlocal Agl -7- , :. :' ( . . BOOK 15101 lJl4bt:. l.1~c.:) . . \ ". . ~ .' ~ " ....- " , . , .ORB 9139 pg 398 and :have caused it to be executed by thoir duly authorized officers. CITY OF DELRAY BEACH A Municipal Corporation CITY OF BOYNTON BEACH A Municipal Corporation By . By " Mayor .'\ ",/ I At st: '. .... . f' . ';1.'. ,). . " .' ,. /) , \, , I lib Jl~ ~", (lP(t AA~ t;:..,A . JJ , ~-I' d C'ty Cl k I ~ 1. I, ~.~ i , , I 1 \ ' , / " ' "', t' .. .,., . \, Approved as to 'correctness and form: / . I' ~ r " " ) " ')' I, I . , ,.J I, ) .... I I Att st: II l' i' ':. ~ . ) ~~A-~~ 4~ C1. tV;ler~ . \., " . Approved as to correctness and 'form: '. , . ' · I7~Pi . .q;;;;::;> ~lkl )i@;~-:= . . ~I-R;~ City Attorney . ~ City Attorney . , , . -8- \.1 J.. / .' -.. /. "" Lr.) "" o 0... "" c.o t..t" ('r,) CO ,-. '- , , '.. , '- ORB 9139 pg 399 RESOLUTION NO, 8-81 BOOK 15101 PAGE 0024 '. c' (i...'.' / ~ ',' 'I , , "-. ., ',I" FI:.~:~r2 .\.I>;LilD~mNT TO INTERLOCAL AGREEMENT THIS FIRST AMEN!):;,~:~'1' r~'8 INTERLOCAL AGREEMENT, made and entered into this 27th day of May , 1981, by and between the City of Boynton Beach, Florida, a municipal corporation (hereinafter referred to as "Boynton"), and the City of Delray Beach, Florida, a municipal corporation (hereinafter referred to as "Delray"). WIT N E SSE T H WHEREAS, Boynton and De1ray, pursuant to Section 163,01, Florida Statutes, have entered into that certain Interlocal Agreement dated the 26th day of December, 1974, establishing the South Central Regiona Wastewater Treatment and Disposal Board, a copy of which such lnterloc Agreement is attached hereto as Exhibit "A"; and WHEREAS, Section 10 of said Interlocal Agreement contains provisi, relative tc the supervision of construction and the operation of the regional facility; and WHEREAS, the Board is desirous of amending said Seciton 10 of the Interloca1 Agreement to eliminate the provisions contained therein relative to the supervision of construction by De1ray and to allow the additional alternatives of the Board operating the regional facility or an independent contractor operating the regional facility on a contract basis. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That certain Interlocal Agreement entered into on the 26th day of December, 1974, by and between the City of Boynton Beach, Flori, and the City of De1ray Beach, Florida, is amended as follows: Section 10 of the above described Interlocal Agreement is hereby deleted and the following is substituted therefor: "Section 10: Operation of Regional Facility. The regional facility may be operated, at the election of the Board, pursuant to anyone of the following alter- natives: A. The Board may operate the regional facility utilizing its own employees, <:Y') IJ.) N <:::) 0.... C'J c.o th ~ co nuun l~l~l ~HbC ~~C~ , ORB 9139 P9 400 B. The Board may contract with an independent third party contractor on a contract basis for the operation of the regional facility, C. profit The Board may contract with Delray on a non- basis to operate the regional facility, D. The Board may contract with Boynton on a non- profit basis to operate the regional facility, Provided, however, that any method of operation as hereinabove provided shall be subject to the contractual rights created and vested by reason of the issuance of bonds by Boynton or Delray for the construction of said regional facility, and provided further that such contracts shall be approved by the majority vote of each City Council. 2, This amendment shall become effective upon the ratification by a majority vote of each City Council. 3, This amendment shall be filed with the Clerk of Circuit Court of the Fifteenth Judicial Circuit in West Palm Beach, Florida, 4, The Interlocal Agreement as heretofore amended shall remain in full force and effect, altered only to the extent of this Amendment RESOLVED this 27th day of May , 1981, by a 8-0 vote. ATTES~>; , ~~~(;'l~/k/.-'lKe7 ~/ ecretary The undersigned Cities of Delray Beach and Boynton Beach hereby ratify the action taken by the South Central Regional Wastewater Treat ment and Disposal Board in accordance with the foregoing First Amendme to Interlocal Agreement. Witnesses A/)" A./ .L -IJ U \ . J.. /'J1 "--1 " " 4.4>( ,; . ~ ~,t I' CITY OF DELRAY BEACH", ~ ~ 4/j:7 L' 14' I ~~,,' By: lC.~'. ~::'.~ .,. ayn.... ~ ' ?:," I r ~ ~'I ~ .. . 1~ r;:''- I ,..... Attest: ~~. /'''0 :'"'; - fd~~.i'.J' ,. - ity e: '.' " >;- "1 .' /~~:~~ ~~r .~. ~~ffty ~;tray Beach (SEAL) CITY OF BOYNTON Bd:AC , -.li/ / ,. ..' " By: (:.: (/1..(. 'cF ::,/'/.;C::; ;/ It. {'( (..-<.~ (' ....- ~~7 Mayor ~ Attest:~ ,~, Ci ty Cler . ..... . I ..;;t- t.n N <:::) 0... N ~ tf? M cO UUUh .a.J.allJ.a ,...HUc.. "'....'-L> ORB 9139 P9 401 " C, 1 r: ...,-. I! F -'SEAL" )'1, ...... ': . , ~ -. . Gr ,..., " '. " c::' ::'): ~ -:'1- :;., : ~~ .:...... ~ "'. '= .: --- , <c:l ., " ~ ., :.) ::> " ..... " .... ''','.(t-. ~l J.~ '"': I, ,/'_ AP~pr~v as. to form:~ ...-..---:4 :J_/ ty Manager ~~ Y-~- r ~ ity Attorney . I.' ~ '1 '~,.':; ~.~~(-:"ll-:;..,: <_I ---- nuu~ i~i~i ~Hb~ ~~~I C-?,.J .).\;.I ~ .. ., I. '::-;. . J ,~ . 1.- -.. I 'E ': ;_1 1"\ ORB 9139 pg 402 RESOLUTION NO. 2-83 AMENDMENT TO INTERLOCAL AGREEMENT THIS AMENDMENT TO INTERLOCAL AGREEMENT is made and entered into this )19J day of ~ j1J /h7J.tA) , 1983, by and between the City of Boynton Beach, Florida, a municipal corporation (hereinafter referred to as "Boynton"), and the City of Delray Beach, Florida, a municipal corporation (hereinafter referred to as "Delray"). WITNESSETH: WHEREAS, Boynton and Delray, pursuant to Section 163.01, Florida Statutes, have entered into that certain Interlocal Agreement dated the 26th day of December, 1974, establishing the South Central Regional Wastewater Treatment and Disposal Board, a copy of which such Interlocal Agreement is attached hereto as Exhibit "A"; and WHEREAS, Sections 3(D), 5 and 6 of said Interlocal Agreement contain references to an "Administrative Director"; and WHEREAS, the Board is desirous of amending said Sections 3(D), 5 and 6 of the Interlocal Agreement to change the title of the "Administrative Director" to be "Executive Director". NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That certain Interlocal Agreement entered into on the 26th day of December, 1974, by and between the City of Boynton Beach, Florida, and the City of Delray Beach, Florida, is amended as follows: A. The last sentence of Section 3(D) shall be amended to read: "Section 3(D):...An annual report of the Board business shall be made available to the public by the A..Jmtm~-ive Director in such form as will disclose pertinent facts concerning the activities and finances of the South Central Regional Wastewater Treatment and Disposal Board." B. Section 5 shall be amended to read: Executive "Section 5: Authority to hire and discharge Administrative Director, The Board may hire and discharge an ~~W!UVe Director by the concurring vote of the Board, as set forth in Section 3 above provided, however, no such action to hire or discharge such A..Jmtm~1ve Director shall be effective unless approved by a majority vote of both City Councils acting independently of the Board." .....~\J. \ ~.OJ . ..., .. rl-n..J_ ..,...,...'-' ,0/ . -" ORB 9139 pg 403 C. Section 6 shall be amended to read: "Section 6: Duties and authority of ~CWUX~ve Director. The A~gWJf~\e Director shall be the administrative head of the Re- gional Facility. He shall be responsible to the Board for the proper administrative of all affairs of the Board and of the Regional Facility, and to that end, subject to the provisions of this Interlocal Agreement, the A~gWJf~\e Director shall have the power and shall be required to:..." 2. This amendment shall become effective upon ratification by a majority vote of each City Council, 3. This amendment shall be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit in West Palm Beach, Florida. 4. The Interlocal Agreement as heretofore amended shall remain in full force and effect, altered only to the extent of this Amendment. RESOLVED this g-zf day o~ ,1983, by a 6- () vote. ~fii2'~L~ , Chairman Attest: QcA:J ~'( --' SeGi"etary The undersigned Cities of Delray Beach and Boynton Beach hereby ra tify the action taken by the South Central Regional Wastewater Treatment and Disposal Board in accordance with the foregoing Amendment to Interlocal Agreement. Witnesses 6LJ:ftn <1(~ t~~ As to CIty De ray Beac ..:%.DELRAY BEACH . .-.- .,2V 1:; ~ Ma r .. 1'" (SEAL) , Attest: Attest: -. . - '.. .' ; . . ~ J.,tUu, \ .& <J" -.... r nu'- 4.1"'.... J ORB 9139 pg 404 DOROTHY H. WILKEN, CLERK pg COUNT\'; FL Approved as vi formr v< 1tty tnf~~/' (SEAL) ~t~' -( DUU~ l~l~l ~HU~ ~~~~ ORB 9139 p~ ..,.. ....,. ..,.. .....:; { ( (B) is hereby amended to add a Subsection 14 which shall read as follows: "14. Enter into contracts for the sale and disposal of Reclaimed Water for irrigation and other beneficial uses to third parties." 2. Annex I, Allocation of Ooeratina Costs, of the Interlocal Agreement is hereby amended to add a Paragraph 6 entitled Reclaimed Water as follows: "6. Reclaimed Water: It is agreed that the disposal of effluent in a cost effective and environmentally responsible manner is appropriate and necessary to the operation of the Regional Facility and in that regard, the BOARD shall be authorized to enter into contracts with third parties for the sale and disposal of all or a portion of effluent produced and treated by the Regional Facility to standards required by the Florida Department of Environmental Protection for the utilization of such Reclaimed Water for irrigation and other beneficial uses. The revenues received from the sale of such Reclaimed Water by the BOARD shall be applied to the operating budget of the BOARD. II 3. This Amendment shall become effective upon ratification by a majority vote of each City Council. 4. This Amendment shall be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit in West Palm Beach, Florida. 5. The Interlocal Agreement as heretofore amended shall remain in full force and effect altered only to the extent of this Amendment. RESOLVED this ~ day of () Gt;!;ejJ , 199L by a I,')" () vote. ATTEST: ~-- ~ ' -- ,'3---'\/" -rC Chairma~/ Matthew Bradley ~ x. 'ftynne S, ,xl. ~&~ ~'fs1b!tary Approved as to form: By: 1~ ,/ Boa Attorney Robert W. Federspiel 2 ~UK 1~101 ~A6E 0~~~ Dorothy H. Wilken, Cler'k ORB 9139 P9 370 I ....., The undersigned Cities of Delray Beach and Boynton Beach hereby ,ratify the action taken by the South Central Regional Wastewater Treatment and Disposal Board in accordance with the foregoing Amendment to Interlocal Agreement. WITNESSES: CITY OF DELRAY BEACH By'~--C . omas. ctMayor ~AAhI_~ Sharon Morgan . ~t~Ch Celeste McDonough At~~)~ ,,' Ci ty Clerk '. Barbara Garito (SEAL) Appr~~ed' as to form: ~-r:4~~ City Manager David T. Harcfen :1L ~;ttorneY David N. Tolces WITNESSES: "7fi/t~~~I<A CITY OF BOYNTON BEACH By: ~,t. Yll. ~';.~ A to City of Boynton Beach ,anet M, Prainito Ge~ald Ta~ Attest: ~~/Y1" ~~_ City Clerk Suzanne M. Kruse .. Approved as to form: . 'I Ii ./' / . C,(UW ~ (SEAL) 3 (f () '" ' ~p,~ . 1r:JT SPINNER DITfMAN FEDERSPIEL & DOWLING LLP ATTORNEYS AT LAW ROBERT A. DITTMAN. P,A,l DONALD C. DOWLING 2 ROBERT W. FEDERSPIEL, P,A. 151 N,W. FIRST AVENUE DELRAY BEACH, FLORIDA 33444 JOHN W. SPINNER 0927-1998) TELEPHONE (561) 276-2900 FACSIMILE (561) 276-5489 · ALSO ADMITTED IN OHIO AND COLORADO 'ALSO ADMITTED IN NEW YORK AND ILLINOIS F"AMILY LAW AND CIRCUIT COURT MEDIATOR AND ARBITRATOR October 10,2003 City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attention: Maryann RE: South Central Regional Wastewater Treatment and Disposal Board Fourth Amendment to Interlocal Agreement Dear Maryann: Pursuant to your request, enclosed please find a copy of the Fourth Amendment to Interlocal Agreement which was recorded on April 23, 2003. Sincerely, ROBERT W. FEDERSPIEL, P.A. ~~ cU. K-dJ~i'el ~ Robert W. Federspiel 'tf- kp Ene. A Registered Limited Liability Partnership including Professional ASSfxiatirms , ' ~ .. . .. - , , ~Y' ,/-:"'/11 /..,., I .. I. / ...... ./~ ". . t ,. . '. . .. INTEnLOC^L ^GREEMENT '.:.-~ THIS INTEnLOClu... AGREmmN'r, made and cn tered into this ,} (.'. day of ;./(L_-,-~::/~~_, A.D., 1971, by and bet\o/een the City of Boynton neach, Florida I <.1 mUll icipal cOL-poration (hercinaf ter called I'Boynton"), an(t City of D{~lrdY BC<1ch, Florida, a1l1unicipal co:cporation (hecei.na,fh: c,:lLl,,:d IIDelray"). \1 [ '.t.' 14 E SSE T H: \<JHERE1\S, Boynton ,".nd Delr:'::IY are authorized by Section 163.01, Florida statut~s, to enter into inter local agreements to cooperatively 'utilize the most efficieIlt use of their powers on a basis of mutual advantage and to provide services and facilities in accord best with geographicJ economic, population and other factors influencing the needs and development of the local community; and WHEREAS, a public agency of' this State is authorized to exercise jointly with any ,other public agency of the State or the united States authority ''Ihich slich agencie$ share in common and which e~ch might exercise separately; an4 WHEREAS, in order to provide for the public, health, welfare and safety of the citizens of Boynton and eelray and others ~n the Region, a regional approach is necessary to the furnishing of regional wastewater treatment and disposal without. regard to political or governmental boundaries; and WHEREAS, Boynton and eelray presently own, operate and maintain their own wastewater collection and transmission systems and, whereas, both Boynton and Delray will co~tinue to own, operate, nlai~tain and expand said systems to deliver 'wastewater to the South Central Regional Wastewater Treatment And Disposal Facility (hereinafter called PRe~ional Facility"); and l'1HEREAS; it is in the best interest of the citizens of Boynton ~nd Delray chat a single entity make all the pOli,cies necesFary ~<~: - . . f; '. . ! o! in connection with the providing and the furnishing of rcgionul wastewater treatment and dispos~l service in the South Central Hcgion of Palm Beach Count)' as presently estublished by the rcgu- latory agencies'; and \vHEREi\S, since such an entity \oJill have broad powers and responsi.bili ties, i L sholl 1:1 b,j cGlnposed of five members of the City Council of edch City. ,NOH, THEEEFOHEj t,., L,j in consideration of the mutual benefits to flow to each ul:hi:.;c~ ti.,:: (" c';' 01 Boynton Beach and the City.of Delray Beach and to the C1. U Z,..:dS residing in both Boynton and Delray, and in considera'tion uf the mutual covenants, promises and agreements herein contained, Boynton and Delray hereby agree with each other as follows: Section 1: Purpose of Agreement. The purpose of this Interlocal Agreement is to create and by these presents does hereby create a legal entity composed of five . . members of the City Cpunci~'of ~achpf the two cities (Boynton and ,Delray) to be known 4$ the South C.nt~alRe9ional Wastewate~ Treat- . " ..: . "" " , , ment and Disposal Board Ch.relnaftercall.ed "Board"}. The Board is ." '4; . '. ' charged with the responsibili1:,y of providing wastewater treatment" , and disposal services to the South Central Region depicted on the map dated December, 1974 which is attached hereto as Exhibit A and made a part hereof, which map also del~neates the service areas of Delrayand.Boynton. Such Beard shall make all policies for the ad- ministration, operation, maintenance, enlargement, development, re- placement, and repair of the Regional Facility for the furnishing of wastewater treatment and disposal services to the said South Central Region. To accomplish the purposes expressed in this Section 1, Boynton and Delray respectively and mutually agree with each other to comply with and ab14e by all policies as shall be set and deter- mi~ed by such Board and approved by the ~ajority v~te of the separate City Councils of Delray and Boynton, subject at all times, c!owever, to the contractual rights of the holders of the ~evenue Obligations of the se~ara'..:e Cities. It is not the purpose of this Agreement to transfer ownership of any existing facilities. Nothing in this Agreement:, however, shall ever be construed to authorize the aoard, \" !:I .'_. " , " , . ilP2ly for and receive grants and doniltions of all kinds. 2. May expend a~l or any part of such funds for any lilwful purpose or purposes consistent with' the general purposes of this Interlocal Agreement. 3. Shall lU"h eit<" ,cI:d:h,)d,ty, independently or by or with the assistance of either u ii(~ 'J.l:t.icip~ting parties hereto, to enforce all rules, rcqu.i ,nd policies adopted under the author- i ty of this In te:r I, ,\'d! te Ind may resort to any available legal process for this purpo~e. - . .. . ~ . . . -'. '-- '," ~ :..,;~: .'\ ,. 4. Shall bl= .'J.UCL;:L :c._cdto defend or prosecute all lawsuits and claims in which "t:he Board ~\.:; ," proper party and to collect and pay such expenses and to settle claims related thereto, and to employ the services of attorneys~ accountants and other professional advisers for the prosecutiano~ defense of such lawsuits and claims. 5. Have such additional po~ers as are by resolution or . agreement lawfully delegated to it by the City Council of each City. 6. -Enter ~nt;o CQntracts"foJ:' buCl9'ete4 items.' -, '. . 7. Shall prov1-d_:" for appropriate depositories into . ,.. '. ~ . which a11 funds shall be depo~ited. 8. Estaolish.a procedure for disbursement of funds from the appropriate depositories. 9. Establish fidelity bonds for those receiving and disbursi~g funds. 10. Make authorized purchases in the Board's name. 11, Transact all business and take title to all personal property in its own name. 12. 'Acquire ownership, custody, operation, maintenance, le~se or sale of personal property. 13. Shall purchase.all necessary insurance coverage to fully protect the faci11tie., including but not limited to fir.e, casualties, liability_ workmen's compensation~ surety, bonding. :,i, -4- :., .; p" . "I" :f, . ''''l \. ( CC) The following powers are cxeFcisilble by the Board subject to approval by am~jority vote of each City Council before becoming effective. 1. . Shall create employee positions. 2. f]hilll at least L1nnnally consider the Regional Fa~ility ,..,i th respect to the pol icie~;, ' 1", charges, maintenance, extensions, expansions, construction, fin I ind management and take such action thereon oS is (h't:inU! ii, 3. Shall ...HlllLd} J', '.".1 hudget J.n accordance with procedures established by the IJna.cd. 4. Enter into contl:-acts tor non-budgeted items. 5. Acquire ownership, custody, operation, maintenance, lease or sale of real property. 6. Return any'surplus money accumulated to the Cities in their proportion of. ownership of the facilities. (D) An independent audit shall be made of all accounts of the BOard at the end Qf ea~h fi$cal year and more frequently if deemed necessary by th. Bq~~d~ Such audit shall be made by certified public accountants experi.nce~ in g~vernmental accounting, and who shall have no personal intere.t, direct or indirect, in the fiscal affairs of the South Central Regional Wastewater Trea~ent and pisposal Board, or of any members of the Board. The condensed audit shall be distributed to members of the City Councils, City Managers, City Financial Offigers and any member of the public requesting ,same~ An annual report of'the Board business shall be made available to the p~blic by the Chief Executive Officer in such form as will disclose pertinent facts concerning the activities and finances of . the South Ce~tral Regional Was~ewater Treatment and Disposal Board. Section 4: Procedure for amending Interlocal Agreement. A proposed amendment to this Interlacel Agreement may be. initiated by any Board member in wrJting to t~e Board at least seven (7) days prior to a vote thereon, and such proposed amendment must be approved by the concurring vote of the BOard as set forth . -, " ...sO!" '-:,~ . . }:. .h. " ( . ' ." in :-;ection 3 above; provided, however, thilc no proposed amendment shall become effective unless approved by a majority voce of each City Council acting independently. Section 5: ]\utlIor.-i t':/ Cii hiLl~ <-lDd discharge Chief Executive Oftic(,' 'l'he Board may hire (, I (1; ~,chdrge a Chief Executive Officer by the concurring vote of tl; ;.,;1 I, d~j set forth in Section 3 above provided, hO\vever t no :suclt de.: t )it to hire or discharge such Chief Executive Officer shaLL be ell, 't.lve unles~i approved by a majority vote of both City Counci Is act j \"J independently of the Board. Section 6: . Dl1ti~~n~~~~_~_~!~~~r:i ty of Chief Executive Officer. The Chief Executive Officer shall be the administrative head of the Regional Facility. He shall be responsible to the Board for the proper administration of all affairs of the Board and of the Regional Facility, and'tQ that end, subject to tpe provisions of this Inte.rlocal ~reement, the Chief Executive Officer shall have the power and shall be required taa (A) appoint em~loyees. Appoint and when necessary for the good of the Regional Facility remOve all officers and employees of the Regional Facility except as otherwise provided by-this Interlocal Agreement and except as he may ,authorize the head of a department or office to appoint and remove subordinates in such department or office~ (B) bud9~~. Prepare.the budget annually and subm!t it to the Board and be responsible for its administration afte~ adoption, (e) financial re~ort~ Prepare and submit to the Bo~rd as. of the end of the fiscal year a complete report on tne finances and administrative activities of the R~qional Facility for the preceding year, (D) financial condition. Keep the Board advised_of the . financial condition and- future needs of the Regional Facility and _m~ke such recommendations as may seem to' him desirable, . ..6- ( . . (E) oLher duties. Perform such other duties as may be prescribed by this Interloeal Agreement or required of him by the Board not inconsistent with this Intcrlocal Agreement. See t ion "/: Ownt.-; C S ],j Ownership oft:he n"j i_ :),l! Has U:water treatment. and disposal facilities shall be vcstt~d i"'Jiji';; iunately with Delray and Boynton in accordance \-lith the .f... j l .; tments of each City as made from time to time. Facilit.i \,,:c': Hl.:i"'./ " Le constructed on land owned ~y the Board and/~r leased from either City. Land and/or facilities owned by either Ci ty may be: lea~~E:tj 1 purchased or otherwise acquired by the Board. Land for the treatment facility may be acquired by the Board and financed in the same manner as the improvements. Each City may meet its required capital contribution by contributing cash, land, capital assets, or any combination thereof, provided, however, that any such contribution other than cash shall be first approved by the Board and by the majority of eaqh City Council. E~ch City will pay the debt service on its own bonds. Section 8; Services and cost allocation. It is agreed that the initial project for a l2-million gallon per day (MGD) facility to be constructed under the terms of this Interlocal Agreement will be that project more fully described in the EPA application FY75 No. C-l2-0406010, and signed by appropriate officers of each City. , It is further agreed that the services of the Regional Facility shall be available only to the wastewater received through the transmission lines of Delray and Boynton. Both Boynton and Delray agree to an allocation in the initial 12 MGD project of 6 MGD average daily flow for each City. The capital cost allocation for each City will, therefore, be 50. of the total for the same initial proj~ct. . The capital cost ~f any expansion of ~apacity cf the Regional F~cility shall be apportioned to ~~ch City in proportiun to the allocation to each City of such added capacity. ~ -.7- "!I. "", . f' '.~ .! Suction 9: Written Agreements. The Cities may enter into written agreements from time to time temporilri'ly assigning unused portions of the allociltion of capacity from one City to the other City. Such ilgrcements shal~ be administered by the Board. Charges to the user under such agree- ments shall be 150'5 of the mont,lIly billi.ng rate per HGD. Of the said 150%, one-third shall be credited to the billing of the releasing City, and the J:c~n\,i in ing tHo-thirds shall be retained by the Board.' Section 10: /' ~,~lpervi:?-_~9..!.:. and operation. V In view of 'the fact that initial installation of regional wastewater treatment disposal facilities will be within the city limits of Delray, the Board will contract with Delray on a non-profit basis to supervise 'the construction of and to operate the Regional Facility, provided, however, that'suQh contract~ shall be approved by the majority vote:of each ,City Cpqnc;il aIld provided, further, ... '. ,.' that such contracts sb.~lg,~,subjec;tto th. contractu:ral ~ights 'i created and vested by reaSon ot th~.issuanc. 9f bonds by Boynton or Delray for the construction of said Regional ~acility. Section 11: Renewal and replacementrequirements. Renewal and replacement requirements of the Regional Facility shall be considered by each City in the establishment of their respective rate structures. Section 12: Expansion. At any time the plant has reached 75' of the overall design capacity of the 'last expansion increment';' the Board shall commence final financin,9 ana engineering plans for the proper expansion of the project. 'This planniQg must be completed by the Board and submitted to ~h. Ci~y Councils of D.l~.y and Boynton for approval by. the time the plant h.. reached 85' of the overall design capacity of the last expansiqn increment. i.' -8- ',J{:: ' -./ ~ J/ C! . ~ r . (' Section 13; Financi~l support. Within,ten (10) days after ~his Interlocal Agreement becomeseffective as provided in Section 14 hereof, Delray and Boynton shall f~ach pay to the Board the sum of $25,000.00 from their respective public funds to provide financial support to defray a portion of the costs of fulfilling the purposes set forth in this Interlocal Agreement. Section 14: Approval, filing and effective date. ._~--~---_.._-..... This Interlocal A'jreement shall be immediately submitted to the Department of Legal Affairs of the State' of Florida for approval as required by the provisions of Section 163.01(11), Florida Statutes. A copy of this Interlocal Agreement and all subsequent amendments thereto shall be file~ with the Clerk of the Circuit Court of Pa1m Beach County ana with the Department of Community Affairs of the . Sta.t._ of Flor.ida. This Interlocal Agreement shall talce effect immediately upon its .pp~~v~ byth. P.par~en~ of ~eq.l Aff~irs and 1.' its being filed as PJ:()v.i~d.'''~n Section :J.63.01 (11, 12), Florida Statutes. TN WITNESS WHEREO~, the City of Boynton Beach and the City of Delray Beach have entered into this Inter1oca1 Aqreementana have caused it to be executed by their duly author~2ed officers. CITY OF DEL RAY BEACH A Municipal Corporation CITY OF BOYNTON BEACH A Municipal Corporation By~,j~ (). ,1/ .)layor . Attest: rfl,.- ~. 7 ..d ~~. .t. ~~7_ Ci.,ty" crk . , ../ I ~ ) i '(!. {. . .. (J II" L . ..r/. '.:0 :~ C~ty Clerk / J.C., /-. <.I:( / I Approved as to correccnes8 and form; tfi~~. tJ~I,-f- ~ City Attorney' ',' to correctness }. -q- ... ...--........ '....--.,' . ..~ . 1 -,.... t-4 ~"'J"~ --~- --.::.. ~" J'.' I ,.." ~, . - _-:-- j.: '. ......1. '....;~.~ -,,' - I . ',.1, . 0.' --:-..-;-__ ~ ..." j ... .... 4' _!J..!t. . . :..i :f:"~~t~\'~~.\.....,.1l! " . . . ___. ~n- -..'.' ,; ,-,,,,,. ".' 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" " ; i~,~~;'l'IQJ-:.j. ~~.~'J'~...~.f' .,... .... , ;,'!l;~r;.!!l :: ~ -,' '~.:~'*~~ ~;:'~ <.~:~" , . _ ,_ ~",~,,:f.1." ,;. r~"'1'7'1II".':';r ..~-1i r~;-- I... ..;~ . .' . '::: :',.. I. ': ' I I,,')A 'I x'ffi' ~ II I' -/JiJiijt; ~j :''1 t '-;.L;: I 'l:" :' .' ' . .:d-l~\1 "1" 1~- --'-... ,I ... .. ..,., '.1mJ -'f}ctl EXln~'1'~"--' . I ., ,. ,,,r , ~ .. .. .. .. .)I I - ~ ..- , , . . . . . , . . : . .~ . RESOLUTION NO. 8-81 FElST ANI:ND!v1ENT TO INTERLOCAL AGREEHENT THIS FIRST AMEND!.'121n' ~m INTERLOCAL AGREEHENT, made and entered into this 27th day of May , 1981, by and between the City of Boynton Beach, Florida, a municipal corporation (hereinafter referred to as "Boynton"), and the City of Delray Beach, Florida, a municipal corporation (hereinafter referred to as "Delray"). WIT N E SSE T H WHEREAS, Boynton and Delray, pursuant to Section 163.01, Florida Statutes, have entered into that certain Interlocal Agreement dated the 26th day of December, 1974, establishing the South Central Regional Wq.stewater Treatment and. Disposal Board, a copy of which such Interlocal i\[;rE:ement is attached hereto as Exhibit "A"; and ~lliEREAS, Section 10 of said Interlocal Agreement contains p~rov:i.si:Jns relative to the supervision of construction and the operation of the regional facility; and WHEREAS, the Board is desirous of amending said Seciton 10 of the Interlocal Agreement to eliminate the provisions contained therein relative to the supervision of construction by Delray and to allow the additional alternatives of the Board operating the regional facility or an 'independent contractor operating the regional facility on a contract basis. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That certain Inter1oca1 Agreement entered into on the 26th day of December, 1974, by and between the City of Boynton Beach, Florida, and the City of De1ray Beach, Florida, is amended as follows: Section 10 of the above described Inter1oca1 Agreement is hereby ~e1eted and the following is substituted therefor: "Section 10: Operation of Regional Facility. The regional facility may be operated, at the election of the Board, pursuant to anyone of the following alter- natives: A. The Board may operate the regional facility, utilizing its own employees, B. The Board may contract with an independent third party contractor on a contract basis for the operation of the regional facility, C. profit The Board may contract with Delray on a non- basis to operate the regional facility, D. The Board may contract with Boynton on a non- profit basis to operate the regional facility. Provided, however, that any method of operation as hereinabove provided shall be subject to the contractual rights created and vested by reason of the issuance of bonds by Boynton or Delray for the construction of said regional facility, and provided further that such contracts shall be approved by the majority vote of each City Council." 2, This amendment shall become effective upon the ratification by a majority vote of each City Council. 3. This amendment shall be filed with the Clerk of Circuit Court of the Fifteenth Judicial Circuit in West Palm Beach, Florida. 4. The Interlocal Agreement as heretofore amended shall remain in full force and effect, altered only to the extent of this Amendment, RESOLVED this 27th day of May , 1981, by a 8-0 vote, //d~ etary The undersigned Cities of Delray Beach and Boynton Beach hereby ratify the action taken by the South Central Regional Wastewater Treat- ment and Disposal Board in accordance with the foregoing First Amendment to Interlocal Agreement, Witnesses --"d../)O__.d I.~J 11~1 tL--1 1/ ~'~1() ~fy~ As to C1ty o. e ray Beach (SEAL) t,. ~\ t I! I). '.' CITY OilF DELRAY BEAC~~\ v 1 ,'~: ~ ' i,I':"','.:'; .' / ,~:~,.,~; By: _ ~~' >'.';~ . - MayOJ:' -- , (t'/ / . ~. t:: fi>i)"';>.f ','; / Attest: ,':'f~/-' "T~ 1ty e'l;,' ~ ,,' " . ''''.t " " jv1 1t~y-- .... 'h" '.r..!.!.r'/? ~ ,. .", ?,. J I J, "" F:, ':. : ,,(St;AL) -,.. ',cr' ,....... .:\ ~;" .; \ C:"\ . ;:) :;0 -:: 1 ~...; ) 1 :""-;:\: 71 : -..'" ~ ~ '.......~ --- '-' " ~ ,j'~>\~~~ " .". '}.:I . ~ '" .. .-iti" " ')1 '-)'~...''''.' .. ,:l..:l~ .i ;' A.P~ as to form: ~ . :4:L /: .. l.ty Nanager ~-- ~ ~ ,'- "'-z-- . V 6- ~ ity Attorney , O\~4 0 I SPINNER, DITTMAN, FEDERSPIEL & DOWLING ATTORNEYS AT LAW A PARTNERSHIP INC~UDING PROFESSIONAL. AssOCIATIONS 501 EAST ATLANTIC AVENUE DELRAY BEACH. FLORIDA 33463 TELECOPIER (S61l 276-5469 ROBERT A, DITTMAN DONALD C, DOWLING ROBERT W, FEDERSPIEL, P,A. JOHN W, SPINNER TELEPHONE (S61l 276-2900 October 10, 1996 {;> f'- , " 'C' !~~ t It,L.-f,}.. Or4"?- <( - <c ,.~ f It ! to ~1::' ".f::/t) Mr. Robert J. Hagel South Central Regional Wastewater Treatment and Disposal Board 1801 North Congress Avenue Delray Beach, FL 33445 RE: Second Amendment to Interlocal Agreement Dear Bob: Enclosed pursuant to the above-referenced matter please find a copy of the Second Amendment to Interlocal Agreement Resolution No. 2-83. Sincerely, ROBERT W. FEDERSPIEL, P.A. ~ .' -z> Robert W. Federspiel kp Enc, /:~- ":7 :, i .{!-A,. J ' cr . '-f' -Ii <:to '_. '. " ''',' 7:. t::- >L {.. (:~.; L '~l_< ....r- .......l'r ~ - ./~- f I~, ,,'oJ .".. ~i'/' ;'j.,./ /......--?'~"). , _.:c; -;''>--'<.1 '-,... "_'/' 7(' ..~. ,--'.1 ) - I (.-,...:; ~.(.~. - ---I -,. . ORB 9139 pg 402 RESOLUTION NO. 2-83 AMENDMENT TO INTERLOCAL AGREEMENT f?(r:f~ ~vr:'n ['! {or i 1 t l" ! ~ THIS AMENDMENT TO INTERLOCAL AGREEMENT is made and entered into this ~J day of ~j1f/h7JW , 1983, by and between the City of Boynton Beach, Florida, a municipal corporation (hereinafter referred to as "Boynton"), and the City of Delray Beach, Florida, a municipal corporation (hereinafter referred to as "Delray"). WITNESSETH: WHEREAS, Boynton and Delray, pursuant to Section 163.01, Florida Statutes, have entered into that certain Interlocal Agreement dated the 26th day of December, 1974, establishing the South Central Regional Wastewater Treatment and Disposal Board, a copy of which such Interlocal Agreement is attached hereto as Exhibit "A"; and WHEREAS, Sections 3(D), 5 and 6 of said Interlocal Agreement contain references to an "Administrative Director"; and WHEREAS, the Board is desirous of amending said Sections 3(D), 5 and 6 of the Interlocal Agreement to change the title of the "Administrative Director" to be "Executive Director". NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That certain Interlocal Agreement entered into on the 26th day of December, 1974, by and between the City of Boynton Beach, Florida, and the City of Delray Beach, Florida, is amended as follows: A. The last sentence of Section 3(D) shall be amended to read: "Section 3(D):...An annual report of the Board business shall be made available to the public by the A..JM.:m.Mmt-ive Director in such form as will disclose pertinent facts concerning the activities and finances of the South Central Regional Wastewater Treatment and Disposal Board." B. Section 5 shall be amended to read: Executive "Section 5: Authority to hire and discharge Admifiistrati'v'e Director. The Board may hire and discharge an ~iffi~WA'it\.e Director by the concurring vote of the Board, as set forth in Section 3 a.bove provided, however, no such action to hire or discharge such A.~~-ive Director shall be effective unless approved by a majority vote of both City Councils acting independently of the Board," "" " , ..,'" ORB 9139 pg 403 C, Section 6 shall be amended to read: "Section 6: Duties and authority of A:~IltJ~rive Director. The A~iWJfi~e Director shall be the administrative head of the Re- gional Facility, He shall be responsible to the Board for the proper administrative of all affairs of the Board and of the Regional Facility, and to that end, subject to the provisions of this Interlocal Agreement, the A~ImgWJtif{.e Director shall have the power and shall be required to:..." 2, This amendment shall become effective upon ratification by a majority vote of each City Council. 3. This amendment shall be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit in West Palm Beach, Florida. 4. The Interlocal Agreement as heretofore amended shall remain in full force and effect, altered only to the extent of this Amendment. RESOLVED this ~~ day o~ ,1983, by a rb - () vote. ~"",f~-7---~~ ,,/ Chairman Attest: W~3~ See'i"etary The undersigned Cities of Delray Beach and Boynton Beach hereby ratify the action taken by the South Central Regional Wastewater Treatment and Disposal Board in accordance with the foregoing Amendment to Inter local Agreement. Witnesses 6~ C\(~ t~~ As to City Delray Beac C1~O~ELRAY BEACH ~.-.- >:2~~~. .. 1~ (SEAL) Attest: CITY OF BOYNTON BEACH By, ~~/7~ ,y Jyor ---"'- Attest:~ .~ City Clerk .... - . ,--of.' ~ :... ,.. . . ... ORB ~139 P9 404 DOROTHY H. WILKEN, CLERK PB COUNTY, FL Approved as trl formr C21tty M!n~/ (SEAL) ~Atto~> (- '''''.'& THIRD AMENDMENT TO INTERLOCAL AGREEMENT entered into this THIS THIRD AMENDMENT TO INTERLOCAL AGREEMENT is made and (9 (lh--bPAJ , 199L, by )9 de day of and between the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "BOYNTON," and the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "DELRAY." WIT N E SSE T H: WHEREAS, BOYNTON and DELRAY pursuant to Section 163.01, Florida Statutes, have heretofore entered into that certain Interlocal Agreement dated the 26th day of December, 1974, establishing the South Central Regional Wastewater Treatment and Disposal Board (the "BOARD"), as amended by First Amendment dated May 27, 1981 and by that certain Second Amendment thereto dated September 15, 1983, a copy of which such Interlocal Agreement and above referenced Amendments thereto are attached hereto as composite Exhibit "A"; and WHEREAS, the BOARD has determined in accordance with the Florida Department of Environmental Protection Regulations that it is in the public'S interest to institute, operate and administer a Reclaimed Water Program providing advance treatment to a portion or all of its effluent to standards allowing such Reclaimed Water to be utilized for irrigation and other beneficial purposes; and WHEREAS, in order to institute, administer and operate such a Reclaimed Water Program, BOYNTON and DELRAY have determined that it is appropriate that the BOARD be authorized to enter into agreements for the sale of treated Reclaimed Water to third parties upon terms and conditions determined by the BOARD to be in the public'S best interest. HOWl THEREFORE, be it resolved as follows: That certain Interlocal Agreement entered into on the 26th day of December, 1974 by and between the City of Boynton Beach, Florida, and the City of Delray Beach, Florida, as amended, is further amended as follows: 1. Section 3, Powers and Procedures, Subsection 1 (B) is hereby amended to add a Subsection 14 which shall read as follows: " 14. Enter into contracts for the sale and disposal of Reclaimed Water for irrigation and other beneficial uses to third parties." 2. Annex I, Allocation of Operatinq Costs, of the Interlocal Agreement is hereby amended to add a Paragraph 6 entitled Reclaimed Water as follows: "6. Reclaimed Water: It is agreed that the disposal of effluent in a cost effective and environmentally responsible manner is appropriate and necessary to the operation of the Regional Facility and in that regard, the BOARD shall be authorized to enter into contracts with third parties for the sale and disposal of all or a portion of effluent produced and treated by the Regional Facility to standards required by the Florida Department of Environmental Protection for the utilization of such Reclaimed Water for irrigation and other beneficial uses. The revenues received from the sale of such Reclaimed Water by the BOARD shall be applied to the operating budget of the BOARD." 3. This Amendment shall become effective upon ratification by a majority vote of each City Council. 4. This Amendment shall be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit in West Palm Beach, Florida. 5. The Interlocal Agreement as heretofore amended shall remain in full force and effect altered only to the extent of this Amendment. RESOLVED this ~ day of () c-iil~y , 199~ by a G - 0 vote. /'......r> Chai ATTEST: r"J-~ ~~~ Secreta'ry Approved as to form: BY:~ / Boa Attorney 2 f' , . -. ;. The undersigned Cities of Delray Beach and Boynton Beach hereby ratify the action taken by the South Central Regional Wastewater Treatment and Disposal Board in accordance with the foregoing Amendment to Interlocal Agreement. WITNESSES: CITY OF DELRAY BEACH BYI~ Mayor AAAhf, ~~ ~~~Q-~_. /. ~o Ci~'6f~~Ch At~t!n,,~~ v- f;---rr City Clerk (SEAL) Approved as to form: ~;.tJ~~ City Manager ~~ . f)~City Attorney WITNESSES: ~~~Kkrl CITY OF BOYNTON BEACH By: ~'L 'in .Ik..~f" A to City of Boynton Beach Attest: l-g,,1d/~/'O. ~~ w.-fl~ City Clerk (SEAL) 3 SPINNER DIITMAN FEDERSPIEL & DOWLING liP ATIORNEYS AT LAW ROBERT A. DITTMAN. P.A.' DONALD C. DOWLING' ROBERT W. FEDERSPIEL. P.A. City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 Attention: City Clerk's Office Ladies and Gentlemen: 151 N.W. FIRST AVENUE DELRAY BEACH. FLORIDA 33444 TELEPHONE (561) Z76-Z900 FACSIMILE (561) Z76-5489 April 2, 2003 }-' 4,/07 ~O/ c..... ("'") ::::\ W :::.-< ':III! ~ (:) ..,.., <:1"'T'1 -;0 ~$ t '::0.-< rr .,c: % . .... ~ ffla ::s 'O:z:: ~. 3w. #" ("')):100 .s> C":€t Enclosed for filjngplease md a copy of the executed Fourth Amendment to Interlocal Agreement; the original'of which is being forwarded to the Clerk of the Court of Palm Beach County to be ~ recorded in ~ Public Recor_d.~:..____ __ // ~-_._"__.. .".e... ...,_._.___...,.~_..._-". . .. .... RWF:kp Ene. City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attention: City Clerk's Office South Central Regional Wastewater Treatment and Disposal Board Fourth Amendment to Interlocal Agreement Sincerely, ROBERT W. FEDERSPIEL, P.A. /1l--.-1 Robert W. Federspiel A Registered Limited Liahility Partnership itKlMJing Professional Associations A.,bu re~br(L{~ yu fvtt f1- +0 : Robert W. Federspiel, Esq. SpInner, Dittman, Federspleld & DowIlng 151 N.W. 1st Avenue Delray Beach, FL 33444 R03-0?-~ FOURTH AMENDMENT TO INTBRLOCAL AGRBEMENT THIS FOURTH AMENDMENT TO INTERLOCAL AGREEMENT is made and entered into this t~_ day of ~nUJ...r'f , 2003, by and between the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "BOYNTON," and the CITY OF DBLRAY BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "DBLRAY." WIT N E SSE T H: WHBREAS, BOYNTON and DELRAY pursuant to Section 163.01, Florida Statutes, have heretofore entered into that certail1 Interlocal Agreement dated the 26th day of December, 1974, establishing the South Central Regional Wastewater Treatment and Disposal Board (the "BOARD"), as amended by First Amendment dated May 27, 1981, by Second Amendment dated September 15, 1983, and by that certain Third Amendment thereto dated October 19, 1995, a copy of which such Interlocal Agreement and above referenced Amendments thereto are attached hereto as composite Exhibit "A"; and WHEREAS, the BOARD is desirous of amending said Section 3 of Annex I of the Interlocal Agreement to more accurately bill for flow due to meter failure by changing the basis for billing of the daily average of the three preceding monthly flow to the preceding seven days' flow; and NOW, THBRBFORB, be it resolved as follows: That certain Interlocal Agreement entered into on the 26th day of December, 1974 by and between the City of Boynton Beach, Florida, and the City of Delray Beach, Florida, is amended as follows: 1. Section 3, Failure of Meters, is hereby amended in its entirety to read as follows: "3. Failure of Meters: In the event of a meter failure which prevents the recording of continuous flow data for any period of time for billing purposes, that period of time will be billed on the basis of the daily average of the seven preceding days." 2. This Amendment shall become effective upon ratification by a majority vote of each City Council. 3. This Amendment shall be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit in West Palm Beach, Florida. 4. The Interlocal Agreement as heretofore amended shall remain in full force and effect altered only to the extent of this Amendment. RESOLVED this It -tI..., day of J.4 , 2003, by a 7-......(L vote. '- ATTES~T'/-;/j ,/ ~) ,I ' ;- / . / ; ecretary Approved as to form: BY'~ Boar Attorney The undersigned Cities of Delray Beach and Boynton Beach hereby ratify the action taken by the South Central Regional Wastewater Treatment and Disposal Board in accordance with the foregoing Amendment to Interlocal Agreement. WITNESSES: ~ 4~.irff r - , CITY OF DELRAY BEACH BY:~ ~aJ. ~~ Mayor J2t- ~??1:~ ~ - ./"., .. Atte13ct:::- ,.~' -'. ,~~~ ~\t.,~_~\ ~ity. {;.ler~ " ........:..' .......... :~ /~ . . . .~ ~ ....\ -..c:. . . c':.. -- /, .- Approved as to form: u..~4~ City Manager (SEAL) R. ""-~ "..>~.. City Attorney WITNESSES: ~.~ Approved as to form: City Manager (SEAL) , (10/', ) "~ . . .' . , f ,J, ;. ., '.' -. , ' "'/' J', ( ... - ,0. I. _ .... _. ORB . 9139 pg 379 ..: (, ,::;~ ,~.(\ ,'" ,:/,.:...,;." I J:'\.. ~...\ ~ I.;, '" ~'~ , .' "', -, , ,., "J,., --t'. ~ .., . / \ . ..; l' ,,;" ,. . INTERLOCAL AGREEMENT . i. THIS INTERLOCAL AGREE~1ENT, made and entered into this ;J.t:, ~ day of ~ , A.D., 197t, by.and between the City of Boynton Beach, Florida, a municipal corporation (h~reinafter called "Boynton"), and City of Delray Beach, Florida, a municipal corporation (hereinafter called "Delray"). . W ~ 'T N ESSE T H: WHEREAS, Boynto~,and Delray are authorized by Section 163.01, Florida Statutes, to enter into interlocal agreements to cooperativel utilize the most efficient use of their powers on a basis of mutual '. . advant~geand to provide services and facilities in, accord best with ~eographic, economic., population and other' factors influencing the . . needs and development 'of the local community; and WHEREAS, a public agency of this State is authorized to ex~rci jointly with any other public agency of the State or the United State au~~ority which such agenciea share in common and'which each might ~xercise separately; and WHE~S, in order to provide fQr the public health, welfare , . and safety. of the citizens of Boynton and Delray and others in the Region, a regional approach is necessary to the furnishing of ~~gional wastewater trea~ent and disposal withou~ regard.to . political or. governmental boundaries; and WHEREAS, Boynton and Delray presently own, 'operate and maintaj .- ~heir own wastewater collection and transmission systems and, -:~:'.~reas, bot,h Boynton and Delray will continue to own, operate, maintain and expand said systems to deliver wastewater to the South Central R~gional Wastewater Treatment And Disposal Facility (heX'einafter called "Regional Facility"); and WHEREAS, it is in the best interest of the citizens of Boyntor p~d ,Delray that a single entity make all the policies r.ecess~. EXHIBIT ,~ . , . I .~' ..J,., . ' I ~~ . ... :- ' ~l . ORB 9139 P9 380 in connection with the providing and the furnishing of regional wastewater treatment and disposal serv~ce in the South Central Region of Palm Beach County as presently established by the regu- latory agencies; and .. WHEREAS, since, such an entity will have broad pQwers and responsibilities, it. should be composed of five members of the City Council of ,each City. , . . NOW, THEREFORE, for and in consideration of. the mutual benefi to flow to each other,' the City of Boynton Beach and the City of Delray B,each and to the citizens' residing in both Boynton and Delray, and in considera~ion of the mutual covenants, promises and agreements herein contained, Boynton and Delray hereby agree w~th each other as follows: Section 1: Purpose of Aqreement. The purpose'of this ,Interlocal Agreement is to create and by these presents does, hereby create a legal ~ntity composed of five members of the, City Council of each of the'two cities (Boynton and Delray) to be known as the South'Central Regional Wastewater Treat- ment and Disposal Board (hereinafter ca1led,.Boar4n)~ The Board ~s charged with the respo~sibility of providing wastew~ter.treatment and disposal ~ervices to the South Central Region depicted: on the ' " , , map dated DeCember, 1974 which is attached hereto as Exhibit A 'and made a part hereof, which map also delineates the.~ervice areas of Delray and Boynton. Such Board shall make all policies for the ad- ministration, operation, maintenance, enlargement, development, re- placement, and repair of the Regional Facility for ,th~ furnishing of wastewater treatment and disposal services to the said South Central Region. To accomplish the purposes expressed in this Sectic 1, Boynton and. Delray respectively and mutually agree with each othe , " to comply with and abide by all pOlicies as shall be set and deter- mined by such Board and approved by the majority vote of ~he separat City Councils of Delray and Boynton, subject at all times~ however, to the contractual rights of the holders of the ~evenue Obligations . , , of the separate Cities. It is not the purpose of this Agreement to transfer ownership of any existing facilities. Nothing in this Agreement,. however... slral:Z. 'eve.c-' ~ cOn~t...:uecT txJ; au~' 't:Jie1l"aanl"... -2- .:;/74 . .,. ~) ...," . . i ,II.. ORB 9139 Ps 381 Boy~ton or Delray to affect adversely or impair the contractual rights created and vested by reason of the issuance at any ~ime of bonds by' Boynton or De1ray. Section 2: Duration. The Board shall continue in existence until it is' replaced by (a) a satisfactory legal entity or contractual arrangement ap- proved by a ma~ority vote of each of the City' Councils or (b) by governmental restructuring or reorganization when ratified by the . ' qualified,elec~ors of the South Central Region, which must include a majority ratification by electors of Boynton and a majority rati- fication by electors of ~e1ray. . Section 3: Powers and Procedures. (A) Procedures.,,' 1. The Board shall meet immediately and select a Chair- man and thereafter such additional officers and agents a$ the Board shall from time to time determine and who shall continue to hold such positions until their succe~sors are duly selected and instal1e( 2. The Board shall meet at least quar~er-annually or l more often when neces~ary upon call of th~ Chairman or upon request of not' less than four (4) members of the Board to transact the business of the Board. 3. A quorum for the purpose of transacting business shall consist of not less than six (6) members comprised of not less than three (3) members of the ~ity Council.~f Boynton Beach and ,not less than three (3) members of the City Council of Delray Beach. 4. The concurring vote of seventy percent (70%) of tH~ members present, including the concurring vote of at'least two (2)' members of each Council shall be necessary to decide any question. S., The Board shall adopt by-laws, rules and regulations to govern its'actions and procedures. (B) The following powers are exercisable by the Board; 1. The power and authority t~ accept funds appropriatec to' it by any governmental body or from whatever, s~urce, and it may -3- '. , , '/ ORB 9139 P9 382 apply for and receive grants and donations of all ~inds. 2. May expend all or any part of such funds for any lawful purpose or purposes consistent with the general purposes of this Interlocal Agreement. 3. ,Shall have the authority, independently or by or wit the assistance of either of ,the participating parties hereto, to enforce all rules; r~gulations and policies adopted under the autho: ity'of'this Interlocal Agreement, and may resort to any available 1. . process for this purpos~. 4.' Shall be authorized to defend or prosecute all laws and claims in which the Board is a proper party and to collect and pay such expenses and to settle ,claims related 'thereto, and to emp: the services of attorneys~ accountants and'other professional 'advi for the prosecution'or defense of such lawsuits and claimS. S. Have such additional powers as are by resolution 0 agreement lawfully delegated'to it by the City Council of each cit 6. ~nter into contracts for budgeted items. . 7. Shall provide for aI?propriate,depositories into which all fun~s s~all be deposited. 8, Establish a procedure for'disbursement of fund~ from the appropriate depositories. 9,. Establish fidelity. bonds for those receiving and disbursing funds. 10. Make authorized purchases in the Board's, narne. 11, Transact all business ana take title to all pers property in its own name. 12. "Acquire ownership, custody, operation, ,maintenar le~se or sale of personal property. .' . . , 13. Shall purchase all necessary insurance coverage . fully protect the facilities, including but not limited to fire . . . . casualties, liability, workmen's compensat.ion, suret.y, bondi~g. .. -4- ORB 9139 P9 383 ec) The fOllowing powers are exercisable by, the Board subject to approval by a majority vote of each City Council' before becoming effective. 1. Shall create employee positions. 2. Shall at l~a~t annu~l~y consider the Regional Facj wi th respect to ,the POlicies, rates, charge~, maintenance., extenf expansions, construction, financing and management ~nd take such action thereon as'is, deemed necessary. 3. Shall annually ~dopt a budget in accordance with procedures established ~y the Board. 4. Enter. 'into contracts 'for non-budgeted items., 5. Acquire ownership, custody, operation, maintenance lease or sale of real property. 6. Return any surplus money accUmulated to the ,Cities their proportion of 'ownersnip of the facilities. CD) An independent a~dit shall be made of 'all accounts of the Board'at the end of each 'fiscal year and more.frequently if deemed necessary by the Board. Such audit shall be' made bycerti: - public accountants experi~nced in governmental accou~ting, and wh( shall have no personal interest, direct or indirect, in the "fisca: . , affairs of the South Central Regional Wastewate~ Treatment and. Disposal Board, or of any members of the Board." The condensed au< . , shall be distributed to members of. the City Councils, City ManageJ City Financial Officers and any member of the public requesting same. An annual report of the Board business shal~ be ma~e avail, to the public by the Chief Executive Officer in su~h form as will disclose pertinent facts concerning the activities and financesoi the South Central Regional Wastewater Treatment and Disposal Boare Section 4: Procedure for amending Interlocal Agreement. A proposed amendment to ~his Interlocal Agreement may be initiated by any Board member in writing, to the Board at least ,seven (7) days prior to a vote thereon, and such proposed amendmen must be approved' by the concurring vote 'of the Board dS" set fort~ -5- '. '. ORB 9139 pg 384 in Section 3 above; provided, however, that no proposed amendment shall become effective unless approved by a majority vote of each City Council acting independently. SectionS: Authority to hire and discharge Chief Executive Officer. The Board may hire and discharge a Chief Exeputive Officer b the concurring vote of the Board, as. set forth in Section 3 above provided, however, no'such action' to hire or discharge such Chief Executive Officer shall,be effective unless approved by a majority vot~ of both City Councils acti~g independently 'of the Board. Section 6: . Duties and authority of Chief Executive Officer. The Chief Executive Officer shall be the administratlve heae , , of the Regional Facility. He shall be responsible to the Board fOI the proper administration of all affairs of the Board and of'the Reg~onal Facility, and to that' end, subject to the provisions of this Interlocal ~greement, the' Chief Executive Officer shal~ have the power and shall be required to: (A) appoint employees. ' Appoint and when necessary for the good of the Regional Facility remove all officers and employees of the R~gional,Facility except as otherw~se provided by this Interlo( Agreement and except as he may authorize the head of'~ department c office to appoint and remove subordinates in such dep~rtment or 'office~ , ' (B) budget. Prepare the budget annually and subm~t it to the Boa~d and be responsible for its administration afte~ a~option (~) financial report. Prepare and submit to the Board as of the end of the fiscal year ,a compl~te report on the finances and administrat~ve activities of the R~gional Facility for the p;receding year, (D) financial condition, Keep the Board advised of the financial condition and future needs of the Regional Facility anq m~ke such ;recommendations as may seem to' him desirabl~1 , ..6- ~L.I.l.JII" , .' ~ . , ..' , ORB 9139 P9~8S (E) other duties. Perform such other duties as may be prescribed by this Interlocal Agreement or ~equired of, him by the Board not inconsistent with this Interlocal Agreement. Section 7: Ownership. OWnersqip of the regional wastewate~ treatment and disposal facilities shall'be vested proportionately with Delray'and Boynton in accordance with the capital' investments of each City as made from time to time. Facilities may be constructed on land owned by the Board and/or leased. from either City. Land and/or facil1ties owned by either City may be leased, purchased or otherwise acquire . ' by the Board. Land for the treatment facility may be acquired by the Board and financed in the same manner as the improvements. Ea . City may meet its required capital 'contribution by contributing ca ! - - . , land, capital assets, or any combination thereof, provided, howeve that any such contribution other than cash shall be first approvec ~y the Board and by the majority of each City Council. Each City will pay the ,debt service on its own bonds. Section 8: Services and cost allocation. It is agreed that the initial project for a l2-million gal: per day (MGD) fac'ility to be constructed under the terms of this Interlocal Agree~ent will be tnat project more. fully described in EPA application FY75 NO.C-l2-04'06'OlO, 'and signed by appropriate officers of each City. It is further agreed ~hat the services of the Regional Facility shall be available only to the wastewater , . received through the transmission lines of Delray and Boynton. Bo Boynton and Delray agree to an allocation in the initial lZ.MGD /project of 6 MGD,average daily flow for each City. The capital c allocation for each City will, therefore, be SO, of the total fo; the same initial project. . The cap~tal cost ~f any expansion of capaci~y of ~he Regional Facility shall be apportioned to each Ci , in proportion to the allocation to each City of such added capaci -7- '\ ORB 9139 pg 386 Section 9: Written Agreements. The Cities may enter into written agreements from time to time temporarily assigning unused portions of the allocation of capacity from one City to the other City. Such agreements shall be administered by the Board. Charges to' the user under such agree- ments shall be 150% of' the monthly billing rate per MGD,. Of the said l50t, ,one-third shall be credited to the billing of the releasing City, and the remaining two-th~rds shall be retained by the Board. . . Section 10: Supervision and operation. In view of the fact that initial installation of regional wastewater treatment disposal facilities will be within the city limits of Delray, the Board will contract with' Delray on,a non-profi , , basis to supervise the construction of and to operate the R~gional Facility, provided, however, that such contracts shall be approved by the majority vote of each .City Councii and provided, further, that such contracts shall be subject to the contractural ~ights created and vested by reason ,of the 'issuance of bonds by Boynton' or Delray for th~ construction of said Regional Facility.. Section, 11: Renewal and replacement requirements. Renewal and replacement requirements of the Regional Facility shall be considered by each City in the establishment of their respective rate structures. Section 12: Expansion. At any time th~ plant has reached 75% of the overall design capacity of the last ,expansion increment, the Board shall commence final financing and engineering plans for the proper ~xpansion of . the project. This planning must be comple~ed by'~he Board and, submitted to the City Councils of Delray and Boynton for approv~l by the time the, plant has reached '85% of the overall design capacity or the last expansion increment. -8- - -'. - ~ I - . .' . , . ORB 9139 Ps 387 Section 13: Financial support. Within ten (10) days after 'this Interloca1 Agreement becorneseffective as provided in Section 14 hereof, Delrny and Boynton shall each pay to the Board the sum of $25,000.00 from theiI respective public funds to provide financial;~upport to defray a portion of the costs of fulfilling the purposes set forth in this Interlocal Agreement. Section 14: Approval, ~iling and effective date. This Interlocal Agreement shall be immediately submitted to 'the Department of Legal Affairs of the State of F1or~da for approval . as requir~d by the provisions of Section 163.01(11), Florida Statute A copy of this Interlocal Agreement and all subsequent amendments thereto shall be filed with the Clerk of the Circuit Court of Pa1m Beach County and with the Department of Community Affairs of the atate of Florida. This Interlocal Agreement shall.take effect ' ' immediately upon its approval by the Department of Legal Affairs and its being filed as provided in Section 163.01(11,12), Florida Statutes. IN WITNESS WHEREOF, the City of Boynton Beach and ~he City of Delray Beach have entered into this Interlocal Agreeme~t and' have caused it to be executed by their duly author~zed officers. GITY OF DELRAY BEACH A Municipal Corporation CITY OF BOYNTON BEACH A Municipal Corporation '.~ ~ Mayor' i Attest: /" " i '" ' /I . ~~" · (;{>~ Lt (-,' "~M&V.. . 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'i' ~~Lt~ k' . ?f: ' ;,.' ~ .' .,- r r :-h',i '':' ..~~ ~r -: ,:?_!' ~XHttJ''l:' ;P~lJi 'J ,':'co ..on"'''gf I~~' I __ ,. ...... r. t':. .;; .::~ .._.j: : o-l Q \ I" l?.-Cae\' Co. - ~Ml:cr \074@) : ~,' :P.l.a', ~'f ~ :. . c. ' . b I. . l' .1 . /...~" ~t, ~ j ... . I RECORDER'S MEM : L:.;gIOih:y 01 diokulTIetll' . # ". a:........." -:: .,.., unsatisfactory when recaived, ,--! :.'. r I I'..,.......-;.'r'.~-..t. .-.... ..f ! :__.......:...:.........-.I'.............L.. .....;'....'. .'.::.:-,' ....;. .. , . , . : ...."'. ...1 .. · ---;-- .. I , .~ I i i ; : .. I : ...------.. .-..r---.--' ---. --r-------' I I :- I .. .'".,. . ~ I , , . . I . , . I --....r-...--- 1 1 ,. : N , ., , , .. . I, , . 1 1 . \ ..... . , : . 1 1 , I ,. . .....-. , I .,,1 .. . .. . , . 1 -----~----- -- , I... , , I I i I I , - I 1 : '. I . -- ---- ~ -----;..-.- ----- 1 , , , . , I .r'" .. . , ' . .. . , , I 1 ---. _.~---- ---- . , I . , , I f-'- . :~ \, -oJ'" .\ . .... . -... .. .. II '" " ~ .. ., -- ; .. . It . ],2/19/711 # 1-., ..' . .,', ORB 9139 P9 389 ALLOCATION OF OPERATING COSTS ANNEX'I to the Interloci~l Agreement between the City of Delray Beach, Florida (ItDelray"), and the City of Boynton Beach, Florida ("Boynt (hereinafter sometimes referred to collectively as the "City" or th "Cities"), dated the ~~~ day of "-~J2.-.o.J , 19.!l.S:.. This Annex will establish and provide the 'basis of operation, supervisio . man~gernent, maintenance,' repair and replacement cost determination and billing therefor of t~e Regional Plant. 1. Proration'of Operation Costs: . Boynton and Delray.have agreed to pay to the Board a proport part of the Board's ."operating costs. as used herein and in the I~terlocal Agreement to which' this is attached which are defined a~ the total cost of all operation, supervision, management, maintenar . . repair, renewal and replacement expenses and all other operating expenses. The portion of the opera~ion costs paid by each City sh, be based, on the ratio that each City's flow bears to the total,flov Said costs shall be billed on a monthly basis and'shall be payable by each City to the Board within ten (10) days after receipt of thE . invoice for sam~. 2. Metering Stations: It is agreed that the Cities will from time to time, at the, expense, acquire, install and construct metering facilities of a type, quality and at locations approved by the Board and acquired by the Cities at. their expense, for the purpose of pro~iding depenl able recordad measurements at flows ot wastewater 4i.char~ing trom the Cities into the Regional Facility. Said facilities shall be operated, sqpervised, managed, maintained, repaired and replaced by the Board as a cost to the Regional Facility. Until said ~eter fac~lities have been so acquired, installed or constructe9, the, Ci -1- .. ",," i ORB 9139 P9 390' shall not discharge any wastewater into the Regional Facility. 3. Failure of Meters: In the event of a meter failure which prevents the recording of continuous flow data for any period of time for billingpurposes~ that period of ,time will be billed on the basis of the daily average . . '. of the three preceding monthly flows. 4. SlUdge: It is agreed that the'prompt removal of sludge is necessary to the efficient operation of the Regional Facility, and no charge shall be made to either of the parties hereto for the sludge removed by such party and any sludge so remov~d shall be trea~ed as the property of that party. The sludge shall be available to the Cities on 'an equal basis. ' 5. Claims Against the City: '. ," In defending or prosecuting any claims of any nature whatsoev lawsuits,' actions, causes of action, workme~'s compensation, or any other matters pertaining to the operations of the Regional Facility and the activities of the Board" inclU:di~g lega~ fees and expenses, fees for professional services, or any other.r~lated expenses, shall be included as a part of the operating costs of the R~gional Facility., CITY OF DELRAY BEACH A Municipal Corporation , By )~w)),jc4Af Mayor 7 ,\ At~es~.: ' , -~~L<<Z~ d,,-,--,,<-< City,l/ ler~ ' I '- I' ~ ' . I . Approved ,'as to correctness ~4Y;?~ ty Manager ~d?a:l-:~ C~ty Attorney . CITY OF BOYNTON BEACH A Municipal Corporation By Attest:": ',' ( , .. (!611.j, f,h.,~t:,;., 'ihj'-'-':fg. . Ci ty C erk I , I " \ ' .', " .' . I Approved'o,a's ,to correctness and f 0 . " , I ~ ~ I I ' ~~ -~ qi ty .Attorney -;!... ~ i' .~. ORB 9139 P9 391 , " STANDARDS OF ACCEPTADILITY FOI\ WASTEl'lATElt. DISCIIARGED INTO THE REGIONAL F^CILITY ANNEX II . . .;, to the Interloca~ Agreement between the City of Delray Beach, , , Florida (ttDelray"), and the City of Boynton ',Beach, Florida ("Boynton . " (hereinafter sometimes referred to collectively as the "City" or the "Cities"), dated the "lo~ day.of ~~~~ ,.19.T!- 1. Definitions . . Unless the context specifically indicates otherwise, the , meaning of terms used 'in these regulations shall be as follows: . "Sew~ge Works" shall mean all facilities for collecting, , . pumping, treati~g, and disposing of sewage. "Sew~ge" shall mean a combination of the'water~carried waste from residences, business buildings, .institutions, and industrial "establishments, together with suc;:h ground, surface and storm waters as may be pre~e~t but unintentionally admitted. , "Se"ler" shall mean, a' pipe or conduit for carrying sewage. '''Public Sewer" shall mean a ,sewer in which al~ owners of abutting properties have equal rights, and is, controlled by public authority. ,. ' "Sanitary Sewer" shall mean a sewer which carries sewage .. . ,. . . and to ~hich, storm, surface and ground waters are exclud~d. "Storm, Sewer" or "Storm Drain" shall mean a sewer which car! storm and' surface waters 'and drain~ge, but excludes sewage and polluted industrial wastes. .Water Pollution Control piant" shall mean any arrangement , . of devices and structures used for treatment of sewage. , " " . "Industrial wastes" shall mean the liq~id wastes from industrial processes as distinct from sanitary sewage. " "D.O.D. II (denoting Biochemical Oxygen Demand) shall mean th . , quantity of oxygen utilized in the biochemical oxidation of organi matter under standard laboratory procedu~c in five days at 20 degr -1- ORB 9139 P9 392 expressed in parts 'per million by weight. "PH" shall mean the logarithm of the reciprocal. of the weight of hydrogen ions in grams per liter of solution. "~uspended Solids" shall mean sol~ds' that either float on the surface of, or are in suspension In ,water, sewage, or other ~ liquids, and, which are removable by laboratory, filtering. , . "Natural Outlet" shall mean any outlet into a waterc9urse~ , , pond, ditch, lake, or other body of surface or ground water. . .. "Watercourse" shall mean a channel in which a fl.ow of water' occur~, either continuously or intermittently. , .Person" shall mean any i~divi~ua1, fi~, company, associatio society, corpor~tion, or group. "Shall." is mandatory; "May" is permissive. .City" shall mean either City of Boynton Beach or City of Delray'Beach, as applicable. .Constituents" shall mean 'the combination of p art icl.es ,or conditions whi~h exist in the Industrial Wastes. '''Flammable'' shall be defined by existing fire regula~ions. 2,. Use of Public Sewers . '-, , , A. Except as hereinafter'provided, no person shall discharge or cause to be discharged any of the following described ~ater~ or wastes' to Board's Regional Pac!li ty.' , . . l.. Any ~iquid or vapor havi~g a temperature higher than 150 degrees Fahrenheit. '2. 'Any 'water or waste which may contain more than , ' 100 parts per million, by weight, of fat, ~il, or grease, 'or any wa~er or wastes containing oils" greases, ,or other substances that wi~l solidify' or become viscous at temperatures between '32 degrees to 150 d~grees Fahrenheit. 3. Any gasoline~. benzen-, naptha~fu~l,~il, rno~or , , oil, ,mineral spirits,' commercial' solvent or other -2- ORB 9139 P9 393 flammable or explosive liquid, solid, or gas. 4. Any water or wastes that contain more than 10.0 parts per million by weight of the fOllowing gases: hydrogen sulphide, sulphur dioxide, or nitrous oxide. 5., Any, .ashes, cinders, sand, mud" straw, shavings~ metal, glass, rags, feathers, offal, plastics, wood, paunch manure, h~ir and fleshings, entrai~~, lime residues, beer,or'dist111ery slops, chemical 'residues, paint or ink res~dues, cannery waste bulk solids, or any other solid or viscous substance capable of causi~g',obstruction to the'flow in sewers, or other interference with the proper operation of the,sewage'. 'works. 6. Any waters or wastes h~ving a p~ lower than 5.5 . . or h~9her than 9.5 at any time, or having' any other corrosive property capable of causing damag~ or hazard to structures~ equipment, and personnel of the sew~ge works'. 7. Any waters or wastes contain~~g toxic, poisonous, ., -.' " " OJ: 'radioacl:ive substances in ,concentrations such, as ' ~o consti~ute a hazard to humans or animal~,or to interfe~e with any sewage treatment process, or create any hazard in the receiving waters of the sewage treatment plant. The limits fixed herein may be used as a guide in des~gn and plant control, but may be'altered by the Board in the event of a cUmmulative overload on , the sewage treatment plant. Fixed Upper Limi~~ for.Constituents (Part~ per Million by weigh1 1. Cadmium 2.' Chromium 0.1 0.5 3.() ~ 3. Copper, " -3- .' , ORB 9139 pg . ' 394 4. Cyanide 0.0 5. Nickel 0.0 6. Si 1 ve'r 0.5 7. Tin 0.0 B. Zinc 3.0 9. Phenol . ' 0.5 10. Lead 0.5 11. Mercury 0.0 . . 12. Arsenic 0.01 , 13"~ F10uride 1.3 14. Selenium 0.1 15. Barium 1.0 16. Strontium O~O 17. Chloride ,600 lB. H2S 10.0 8. Any waters containing suspended solids of such character and quantity that unusual provision, attention or expense is required to handle such materials at the sewage treatment plan.t!' 9. Any noxious or malodorous gas or substance, capable , . of creating a public nuisance or hazard to life or preventing entry into sewers for their'maintenance,. inspection and repair. 10. Any waters 'containing quantities of radium, naturally occurring,' or artificially produced radio- isotopes in excess of presently existing or SubsC~lently accepte4 limits for drinking water as established by the National Committee on Radiation. 11. Any concentrated dye wastes, spent tanning sOlutions, or other wastes which are highly colored, . or wastes which are of'unusual volume, c~ncentration .. of solids or composition that may create obstr.uction . ..' -4- 1<0 , , , ORB 9139 p,g 395 , , 'to the flow in sewers, or other interference with the proper operation 'and treated effluent of the sewage works. "B. , The admission into the public sewers of any waters or wastE having a five-day Biochemical Oxygen Demand in excess of 500 parts pe::' million by weight on a 24 hour composite basis, or for any sample period having a five-day,BOD in excess of five times the average influent value for the affected sewag~ ~reat. ment,Plant d~~ing ~h~ previou~ c~lendar year, will be subj~ce to review by the 'Board.', Where' necessary '!n'the,o'pin1.on of the ~'. '. .:. .' . . . .' .' . . . . , . Board, the contributc;>r shall provide and operate ,~t his own ' . ". expense, such pretreatment as may be required ~o ~educe the . '. . . ,.' , Biochemic;:~l Oxygen"Demand to meet, the abov~ requirem~~s. " ,:. .' ..... .' .' ,0. '. '0 . . .' . .. . '".' C,. 'l'he admission into the public sewers' of, . any waters or . .', ,wastes havi~g ~:suspended,s~lids content in excess of' 500 .. . ..... ,,',parts' per milli~n by w~ig1it on a ,'24-ho~' ~om.Posite basi~' or"': , I , ',having a: sU:spended solids content f~r' any , sa.mpl~ ' period, ' :': ',' . . . " . . , ' ~_:. , " 'greater t~an five times the average influen~ value r~corde~ , , at the affected sewage c~lendar year,'will ~e . .-, treatment p~ant during tho prev~ous .' '. . subject"to revie\ol by the Board. . -Where , . necessarY' in'the'opinion,of the Board, pretreatment may be' , , . , . I, " . ,0", " . . . 00 .. required ,as in B above. ..' . . ~ ' .'. . '.' ., ~ .' .' J, e, . .. . D. ,'1'he. admission into the publiC sewers of" any waters' or, .' .:,., wastes .in vOlume~" or, wi th con.~ti tuent~, ~uch ~hat. existi!lg" , '.' e' ",:.... . .... . '. dilution conditions in the sewers or' at the treatment plant . . , . would be affected to the detriment of the regional treatment plant, shall be subject to review and approval of ~e Directc of Utili ties of 'each City", Where neces'sary in the opinion. oj the Board,'pretreatment or equalizing units may be required , . to bring' constituents or volume of ,flow within prescribed . . acceptable, levels and to hold or equalize flows such that no , . flow conditions may hamper operation of any unit of ,the sewe' " system. Said equa11zation or, holding ~nit shall have a -5'- .:. " , I '. ORB 9139 P9 396 cupacity suitable to serve its intended purpose, and be equipped with acceptable outlet control facilities to provide flexibility in ,operation and aqcommodClt~, 'changing conditions in the waste flow. E. Where preliminary treatment facilities are provided for any waters or 'waste, they shall be maintained continuously , and/or user in satisfactory ~nd effective operation by,the o~er/at his expense. F. Waste discharges to the regional plant by either city shall be limited as ~o chlorides as 'f~llows: initially 1500 ppm ~or five years after the date bf connection of ,the City's system ~o the regional ,plant or until advanced waste treat-" ment'is added to the regional plant, whichever is sooner; thereafter, 600 ppm for five years. In the event that the chlorides 'exceed the above standards for any 30 day period, the monthly operating charge', to either City, as provided for in the Agreement shall be multiplied by the ratio of the 'ac'tual chloride concentration to the standard and the rate . produced will be monthly charge bil~ed to the applicable cities. No credit will be given for chlorides fal1ing below the standards. . G. All measurements, test and analyses of the character- istics of waters and wastes to w~ich reference is made in this Annex II shall be determined in accordance with .Standard Methods for the Examination of Water and Sewage,. a~d shal1 be determined upon suitable samples from the nearest down- stream manhole in the public sewer to. the point at,which the buildi~g sewer is connected. . ' H. Any approval by the Board of a type, ki~d, or capacity of an installation shall not relieve a person of, the responsibility " of ~evamping, enlargin~ or otherwise modifying such installation to accomplish an intended purpose. Nor shall any fixed or verbal agreement as to 'limits of constituents or volumes of -6- ORB 9139 pg 397 waters or wastes be considered as final approval for contin~ operation. These limits will be subject to constant study a change as considered necessary ~o c~rve their intended purpc I. In the event of an accidental, spill or unavoidable loss to the drains of any deleterious 'material, the industry concerned shall promptly notify the Board of ~he nature of t spill, the quantity and time of occurrence. J. No statement contained in these rules and regulations . shall be construed as preventing any special agreementbetwe the City and any industrial concern whereby an industrial waste of unus~al strength or character may be accepted by the Board for treatment, subject to payment therefor by the industrial concern. K. No storm water, yard drains, roof drains, air conditioner or street catch-basins shall be emptied by either City into the Regional ,Facility and no waste from any industrial or . commercial plant may be discharged by either party into any sewer unless said waste shall first have been treated as prescribed herein. 3. 'Overloading, Endangering or Impairing Efficient Operations It is understood that both Cities will enforoe the Standards of Acceptability set forth herein. It is further agreed that no provision of this agreement or any other'previous agreement shal: be construed in such a manner as to 'allow either City, either fOJ itself or for the use and benefit ~f any person or entity to construct and'connect any sewer or sewers which will overload, endanger or ,impair t~e efficient operation of the Regional Facil: IN WITNESS l~IEnEOF, the City of Boynton Beach and the Cit~ ~ . of Delray Beach have entered into this Annex II to" Interlocal Agl -7- ~ :.. ~ . . I "".. ;' I. ..! .,. ," , I ,~ , \, "'-- ,ORB 9139 P9 398 and :have caused it to be executed by their duly authorized officers. CITY OF DELRAY BEACH A Municipal Corporation CITY OF BOYNTON BEACH A Municipal Corporation J ,\, Hayor ...;, ., II I ., "' At st: '. ,...'.. ',' , . .. . /' f:' . o. , . 1. ' a' , \.' , .. '. , .' I Jl, ~'I, (ljJ,.,,,,,' ~A, , j(J'f'rl d Ci ty C~~,~k I i I I I 1 ~ \ , II 'f, I ' "1.-' ., \, Approved as to Icorrectness and form: By . By " .., , .' , , ~ , ., ')' I, I , .,J '" ) -I, I I Att st: . II ,. i' ' ", , ) I .,r:f b.rA-~~ d.~ . ci tV;ler~ . \ .' i ~pproved as to correctness and 'form: '. , . .f7~P2o~~ ~~-:= .. o. ~1-r9;~ City Attorney , ~ City Attorney , , , . ,- -8- I," .lo. J .' ,-,t-,/, C'-J IJ':) N o 0... C'-J CD IS') (Yj CO f: -/ .' ~ ~. ,~'_ ' I '...- ,. 1_ ORB 9139 P9 399 RESOLUTION NO. 8-81 "'. -: (! I \. t -;, ,1/ ~ .~ ;, ~," ..' FL~:J'l' J:~..~.;Li1D?vJENT TO INTERLOCAL AGREEMENT THIS FIRST AMEN!):;'!i:::~T r~':) INTERLOCAL AGREEMENT, made and entered into this 27th day of May , 1981, by and between the City of Boynton Beach, Florida, a municipal corporation (hereinafter referred to as "Boynton"), and the City of Delray Beach, Florida, a municipal corporation (hereinafter referred to as "Delray"). WIT N E SSE T H WHEREAS, Boynton and Delray, pursuant to Section 163.01, Florida Statutes, have entered into that certain Interlocal Agreement dated the 26th day of December, 1974, establishing the South Central Regiona: Wastewater Treatment and Disposal Board, a copy of which such Interloc, Agreement is attached hereto as Exhibit "A"i and WHEREAS, Section 10 of said Interlocal Agreement contains provisi< relative to the supervision of construction and the operation of the re~ional facilitYi and WHEREAS, ,the Board is desirous of amending said Seciton 10 of the Interlocal Agreement to eliminate the provisions contained therein relative to the supervision of construction by Delray and to allow the additional alternatives of the Board operating the regional facility or an independent contractor operating the regional facility on a contract basis. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That certain Interlocal Agreement entered into on the 26th day of December, 1974, by and between the City of Boynton Beach, Flori< and the City of Delray Beach, Florida, is amended as follows: Section 10 of the above described Interlocal Agreement is hereby deleted and the following is substituted therefor: "Section 10: Operation of Regional Facility. The regional facility may be operated, at the election of the Board, pursuant to anyone of the following alter- natives: A. The Board may operate the regional facility utilizing its own employees, ("t') Ln N C) 0- N c.o IJ:) ~ c::o ORB 9139 pg 400 B. The Board may contract with an independent third party contractor on a contract basis for the operation of the regional facility, C. profit The Board may contract with Delray on a non- basis to operate the regional facility. D. The Board may contract with Boynton on a non- profit basis to operate the regional facility. Provided, however, that any method of operation as hereinabove provided shall be subject to the contractual rights created and vested by reason of the issuance of bonds by Boynton or Delray for the construction of said regional facility, and provided further that such contracts shall be approved by the majority vote of each City Council. 2. This amendment shall become effective upon the ratification by a majority vote of each City Council. 3. This amendment shall be filed with the Clerk of Circuit Court of the Fifteenth Judicial Circuit in West Palm Beach, Florida. 4. The Interlocal Agreement as heretofore amended shall remain in full force and effect, altered only to the extent of this Amendment RESOLVED this 27th day of May , 1981, by a 8-0 vote. ATTES'1;~ . /L, .' /, ,/ .J' , ":.{a'~ ~(('\ .;;:(" / -(/<:/.,x e'7 L....'/ ecretary The undersigned Cities of Delray Beach and Boynton Beach hereby ratify the action taken by the South Central Regional Wastewater Treat ment and Disposal Board in accordance with the foregoing First Amendme' to Interlocal Agreement. Witnesses ....1.. A....' .L ..-,;J /J ~., "--' " .. '4.4)( > .. (,:, t. \ I' CITY OF DELRAY BEACH, ~ {J ~ 1J::7 L . f" I -"'",' )hr : '" . ~~". ~ ". ayt'\.... ~ ' t.:, ~ I r -: ,,!./ f.'l .. ~. c. ""0' I . ~ Attest: ..L,..~' ~.n. . ~ ,: ty e~ '. >- ~ .,' , ty t tome,...' .. " /t1~trty ~:;tray Beach (SEAL) "' ..,..' ,. /-0 -.J:., ,. ,_ ..' B : '." (/1:.(. 0:' o~ ,/ 'I: r'('-<.~t' .....-..... ayor / Attest:--!k.~ ,~p City Cler ' ..;;7- ~ N <::) 0... N ~ ti? ~ co . , " ORB 9139 Ps 401 form: I. e r 1 r: .....-.. Il,:- ..( SEAL)/" -:~"... "if ,.... . . c:.' : - -:- 'I ...:.c ~ ;:'0 . : .... ." :...~ : ........ \.,~ "= '........ ' ~ ."~', ''-.;'! ., '. ,J., " , .~i:).~'P' ty anager ~ ~ -Y-6- / 1ty Attorney , . /'~', '. " 1 c-;) ~,.J 'L.;;1" '/(' ! f :;" ,"",' ,J '.. - .t.".,-, _...... ._; .. . ' i..:",. '::--.<, , ;.: 4' >..;;' .. ':-t...!1~'''\ --- ORB 9139 pg 402 RESOLUTION NO. 2-83 AMENDMENT TO INTERLOCAL AGREEMENT THIS AMENDMENT TO INTER LOCAL AGREEMENT is made and entered into this )f91 day of vt pi nY7.J~A) , 1983, by and between the City of Boynton Beach, Florida, a municipal corporation (hereinafter referred to as "Boynton"), and the City of Delray Beach, Florida, a municipal corporation (hereinafter referred to as "Delray"). WITNESSETH: WHEREAS, Boynton and Delray, pursuant to Section 163.01, Florida Statutes, have entered into that certain Interlocal Agreement dated the 26th day of December, 1974, establishing the South Central Regional Wastewater Treatment and Disposal Board, a copy of which such Interlocal Agreement is attached hereto as Exhibit "A"; and WHEREAS, Sections 3(D), 5 and 6 of said Interlocal Agreement contain references to an "Administrative Director"; and WHEREAS, the Board is desirous of amending said Sections 3(D), 5 and 6 of the Interlocal Agreement to change the title of the "Administrative Director" to be "Executive Director". NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That certain Interlocal Agreement entered into on the 26th day of December, 1974, by and between the City of Boynton Beach, Florida, and the City of Delray Beach, Florida, is amended as follows: A. The last sentence of Section 3(D) shall be amended to read: "Section 3(D):...An annual report of the Board business shall be made available to the public by the A.~~-ive Director in such form as will disclose pertinent facts concerning the activities and finances of the South Central Regional Wastewater Treatment and Disposal Board." B. Section 5 shall be amended to read: Executive I1Section 5: Authority to hire and discharge AdmiftistraU.'e Director. The Board may hire and discharge an ~ Director by the concurring vote of the Board, as set forth in Section 3 above provided, however, no such action to hire or discharge such :A~~1ve Director shall be effective unless approved by a majority vote of both City Councils acting independently of the Board." ,II ,.)' ORB 9139 P9 403 C. Section 6 shall be amended to read: "Section 6: Duties and authority of ~<uNJXfive Director. The :A~s~..f\.e Director shall be the administrative head of the Re- gional Facility. He shall be responsible to the Board for the proper administrative of all affairs of the Board and of the Regional Facility, and to that end, subject to the provisions of this Interlocal Agreement, the A~gWJ.f1~e Director shall have the power and shall be required to:..." 2. This amendment shall become effective upon ratification by a majority vote of each City Council. 3. This amendment shall be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit in West Palm Beach, Florida. 4. The Interlocal Agreement as heretofore amended shall remain in full force and Attest: QdJ~4 -' Se<H"'etary The undersigned Cities of Delray Beach and Boynton Beach hereby ratify the action taken by the South Central Regional Wastewater Treatment and Disposal Board in accordance with the foregoing Amendment to Interlocal Agreement. Witnesses 6~ Cj'(~ t:~~ As to City Delray Beac XDELRAY BEACH . .-. - ~ '& .' · '/r Me: r (SEAL) Attest: , Attest: ~ . .. ;. , ~. ORB 9139 pg 404 DOROTHY HI WILKEN, CLERK PB COUNTYl FL Approved as tfl formr rf!fay ~~/ (SEAL) ~t::;" r-- 1ii, ('f') Q)OO ;:j~ ~!:l('f') Q)Q)('f') 'r-! > 0..< Cf.I H ~U~ Q) 'r-! "O.u ft Q)!:l,.c: ~ Cll U ~ Cll . .u Q) ~<r:Q .u . :>, ~ r>:;l Cll Q) ~ .o~~ 00 Q) P:::ll'l ~ .. o .u )~).\ .i . FEB-2i-1996 ~:49pm 96-064884 ORB 9139P9 376 I .....,U. .,1,. I. .,. IH~ERLOCAL AGREEMEH~ ~BIRD AMEHDMEH~ ~o THIS THIRD AMENDMENT TO INTERLOCAL AGREEMENT is made and (9 (lj;;jI.pA-l , 199L, by entered into this /q tit day of and between the CI~Y OF BOYH~OH BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "BOYH~OH," and the CI~Y OF DELRAY BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "DELRAY." WIT N E SSE T H: WHEREAS, BOYNTON and DELRAY pursuant to Section 163.01, Florida Statutes, have heretofore entered into that certain Interlocal Agreement dated the 26th day of December, 1974, !:l establishing the South Central Regional Wastewater Treatment and ~ ;:j ~ Disposal Board (the "BOARD"), as amended by First Amendment dated P::: May 27, 1981 and by that certain Second Amendment thereto dated September 15, 1983, a copy of which such Interlocal Agreement and above referenced Amendments thereto are attached hereto as composite Exhibit "A"i and WHEREAS, the BOARD has determined in accordance with the Florida Department of Environmental Protection Regulations that it is in the public's interest to institute, operate and administer a Reclaimed Water Program providing advance treatment to a portion or all of its effluent to standards allowing such Reclaimed Water to be utilized for irrigation and other beneficial purposes; and WHEREAS, in order to institute, administer and operate such a Reclaimed Water Program, BOYNTON and DELRAY have determined that it is appropriate that the BOARD be authorized to enter into agreements for the sale of treated Reclaimed Water to third parties upon terms and conditions determined by the BOARD to be in the public's best interest. NOW I THEREFORE, be it resol"l'ed as follow's: That certain Interlocal Agreement entered into on the 26th day of December, 1974 by and between the City of Boynton Beach, Florida, and the City of Delray Beach, Florida, as amended, is further amended as follows: 1. Section 3, Powers and Procedures, Subsection 1 ORB 9139 P'3 377 (B) is hereby amended to add a Subsection 14 which shall read as follows: "14. Enter into contracts for the sale and disposal of Reclaimed Water for irrigation and other beneficial uses to third parties." 2. Annex I, Allocation of Ooeratinq Costs, of the Interlocal Agreement is hereby amended to add a Paragraph 6 entitled Reclaimed Water as follows: "6. Reclaimed Water: It is agreed that the disposal of effluent in a cost effective and environmentally responsible manner is appropriate and necessary to the operation of the Regional Facility and in that regard, the BOARD shall be authorized to enter into contracts with third parties for the sale and disposal of all or a portion of effluent produced and treated by the Regional Facility to standards required by the Florida Department of Environmental Protection for the utilization of such Reclaimed Water for irrigation and other beneficial uses. The revenues received from the sale of such Reclaimed Water by the BOARD shall be applied to the operating budget of the BOARD." 3. This Amendment shall become effective upon ratification by a majority vote of each City Council. 4. This Amendment shall be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit in West Palm Beach, Florida. 5. The Interlocal Agreement as heretofore amended shall remain in full force and effect altered only to the extent of this Amendment. RESOLVED this ~ day of () vtH~/t-/ , 199L by a ~ - 0 vote. ATTEST: ,~ ,.' / '::#'k~ / ynne s. ~~s~~te:ry Approved as to form: By: 1~ / Boa Attorney Robert W. Federspiel 2 ORB 9139 P9 378 The undersigned Cities of Delray Beach and Boynton Beach hereby ratify the action taken by the South Central . Regional Wastewater Treatment and Disposal Board in accordance with the foregoing Amendment to Interlocal Agreement. WITNESSES: -4AAhf_~ Sharon Morgan CITY OF DELRAY BEACH ~ By: . oma'a clMayor ~:t~Ch Celeste McDonough At~kA)k~ City Clerk . Barbara Garito (SEAL) Approyed as to form: U~4~~ ~ City Manager David T. Haraen :-~ ~:ttorneY David N. Tolces WITNESSES: CITY OF BOYNTON BEACH "lJVt~.L- PI /(,f /IN,.ve- SI'f- KKrl By: ~.~ 'In . ~~:f" A to City of Boynton Beach ,anet M. Prainito Ge~ald T~~ Attest: ~~~./. ~~~ City Clerk Suzanne M. Kruse Approved as to form: '~~'~f,-~ ,JJ~ (SEAL) 3