R99-101RESOLUTION NO. R99-/,d/
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, RATIFYING THE
ACTIONS TAKEN BY THE SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD ON
JULY 15, 1999, AS SET FORTH IN EXHIBIT "A"
ATTACHED HERETO; AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK TO EXECUTE SAID
RATIFICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board
(SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Annual
Meeting of July 15, 1999, as set forth in the attached Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida, does
hereby ratify the actions taken by the South Central Regional Wastewater Treatment &
Disposal Board on July 15, 1999, as set forth in the attached Exhibit "A".
Section 2. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this /~' day of August, 1999.
Mayor Pro Tem ,.....
Commlss~ner z //
(:::ommiss~oner
&TTEST:
EXHIBIT "A"
1. Authorization to Expend $5,800 from Reserve Fund on an emergency
basis to replace Flask Scrubber in Lab.
2. Authorization to Expend $10,000 from Reserve Fund on an emergency
basis to repair electric motor on #6 600 HP Effluent Pump.
3. Authorization to Increase Amount Appropriated (from Reserve Fund)
for Improvements to the Sludge Management Facility by an additional
$170,000 (1,350,000 + 170,000 = $1,520,000).
4. Authorization to Increase Hazen & SawyeFs Upper Limit for
engineering services for improvements to the Sludge Management Facility
from $257,662 to $267,662.
5. Authorization to increase Widell, Inc., contract to complete
improvements to Sludge Management Facility by $152,093 from $1,088,010
to $1,240,103.
6. Acceptance of Fiscal Year 1999/2000 Wastewater Operations &
Maintenance Rate of $0.5805/1,000 gal. and $0.112/1,000 gal. For Reserve
Fund Rate totaling $0.6925/1,000 gal.
7. Acceptance of 1999/2000 Wastewater Operations & Maintenance and
Reserve Fund Budgets in the amount of $3,174,000 O & M and $100,000 for
Reserve Fund.
8. Acceptance of 1999/2000 Reuse Water Operating Budget of
$315,000.
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 15, 1999
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 15, 1999, by a vote of 8-0, approve Authorization to Expend ~10,000. From
Reserve Fund on an Emergency Basis to Repair Electric Motor on #6 600 HP Effluent
Pump.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
/'~' day of ~ , /~'~'~', by a ~x'.~ vote.
CITY OF BOYNTON BEACH
- ~ ~ ~ ..
City Clerk ~ o %~ ~ ...~-~ ~
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 15, 1999
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 15, 1999. by a vote of 8-0, approve Authorization to Increase Amount
Appropriated (from Reserve Fund) for Improvements to the Sludge Management
Facility by an Additional ~170,000. (1,350,000 + 170,000 = 1,520,000).
WHEREAS, said Board action requires ratification by the City of Boynton Beach and -
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratifY
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
/~' day of ~ , ?~,~ , bya ~-~3 vote.
CITY OF BOYNTON BEACH
/ Mayor
' ~ City Clerk
Approved
~ City A~y
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 15, 1999
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 15, 1999, by a vote of 8-0, approve Authorization to Increase Hazen &
Sawyer's Upper Limit for Engineering Services for Improvements to the Sludge
Management Facility from ~257,662 to ~267,662.
(Monies appropriated from Reserve Fund in G (9).
WHEREAS, said Board action requires ratification by the City of Boynton Beach and~
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
/'~' day of ~x,¢~ , ?~'~', by a ~'~ vote.
CITY OF BOYNTON BEACH
By:
Mayor ~ ~.O~ B~ _////~
Attest:~~ ~ ~ [~ ~= ~
' ~ City Clerk ~o ~ .~?~
Approved as to for ~ ~t~tttttmmt~x~x~
City A~orney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 15, 1999
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 15, 1999, by a vote of 8-0, approve Authorization to Increase Widell, Inc.
Contract to Complete Improvements to Sludge Management Facility by ~152,093
from ~1,088,010 to ~1,240, 103.
Monies appropriated from Reserve Fund in G (9). Widell Proposals 3 through 8.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
// day of ~.zz.¢~ , /~',~', by a ~'-~ vote.
CITY OF BOYNTON BEACH
By: ~
~\~tlllllllll
-
Attest. ~~~~ '
~pprovod a~ t~ for~:
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 15, 1999
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 15. 1999. by a vote of 8-0, approve Acceptance of Fiscal Year 1999/2000
Wastewater Operations & Maintenance Rate of $0.5805/1,000 gal. and
~0. 112/1,000 Gal. for Reserve Fund Rate Totaling ~0.6925/1,000 gal.
WHEREAS. said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
,/~' day of ~ , /~.~' i by a ~'~ vote.
CITY OF BOYNTON BEACH
~ C,t~erk~ ~~~
App,oved as ld fo,
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 15, 1999
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 15, 1999, by a vote of 8-0, approve Acceptance of 1999/2000 Wastewater
Operations & Maintenance and Reserve Fund Budgets in the Amount of ~3. 174.000
0 & M and $100.000 for Reserve Fund.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently. .:
The above action is hereby ratified in open session by the City of Boynton Beach this
/~' day of ~~ , /~',~, bya _~---~ vote.
CITY OF BOYNTON BEACH
City Clerk ~ ~ ? ~0~ ~
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 15, 1999
WHEREAS, the SOuth Central Regional Wastewater Treatment and Disposal Board did
on July 15, 1999, by a vote of 8-0, approve Acceptance of 1999/2000 Reuse Water
Operating Budget of ~315,000.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently. .
The above action is hereby ratified in open session by the City of Boynton Beach this
/~' day of~ , /~'~ , bya ,~--4) vote.
CITY OF BOYNTON BEACH
By:
/ ~ ' 'Mayor
·
Attest: ~~~~ ~o'-
Approved as t~ for~: ]
~ GiW ~ttorn~
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JULY 15, 1999
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on July 15, 1999, by a vote of 8-0. approve Authorization to Expend. 35,800. from
Reserve Fund On An Emergency Basis To Replace Flask Scrubber In Lab
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
/'~' day of ~, /'~',~ , by a. ,~.-=~ vote.
CITY OF BOYNTON BEACH
By: . / ' ~-a-yor ~ '~
.
Attest: ~'
~ City Clerk
Approved as to/~for :~//
T~IS [NSTRUMEN~ PREPARED BY
James A. Cherof, Esquire
Joslas & Goren. P.A.
3099 Bast Commercial Blvd
Sulte 200
Ft. Lauderdale. FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS A_ND COVENANT FOR AiYNEXATION
THIS AGREEMENT made on Ehis '~ day of
19~ , by and between Co~b~ ~£ ~{,~,
hereinafter called the "Customer", and the CITY OF BOYNTON BEACH,
a municipal corporation of the State of Florida, hereinafter called
the "City".
WHEREAS, Customer owns real property outside of the
jurisdictional limits of the City of Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton
Beach, Florida 'provide water service to the property owned by
Customer; and
WHEREAS, the City of Boynton beach has the ability to provide
water service to Customer'S property; and
WHEREAS, th~ City of Boynton Beach has a policy which
conditions the grant of water services, outside of its
jurisdictional limits on annexation of the property to be serviced
into the City at the earliest practicable time.
NOW THEREFORE, for and in consideration of the privilege of
receiving water service from the Municipal Water System and the
mutual covenants expressed herein, the City of Boynton Beach and
the Customer, his heirs, successors and assigns, agree as follows:
1. The City agrees to provide Customer with water service
from its Municipal Water System to service the real property
described as follows and which Customer represents is owned by
Customer:
2. The Customer and the City hereby agree that there are
Equivalent ReSidential Connections which City shall service.
3. The Customer agrees to pay all costs and fees of
engineering, material, labor, installation and inspection of the
facilities as required by the City of Boynton Beach Code of
Ordinances or Land Development regulations to provide Service to
the Customer's premises. The Customer shall be responsible for
installation in conformance with all codes, rules and regulations
applicable to the installation and maintenance of water service
lines upon the Customer's premises. Ail such lines shall be
approved by the Director of Utilities and subject to inspection by
the City Engineers. The City shall have the option of either
requiring the Customer to perform the work necessary to conform the
lines or the City may have the work performed on behalf of the
Customer, in which case the Customer will pay in advance all
estimated costs thereof. In the event the City has such work
performed, the Customer will also advance such additional funds as
may be necessary to pay the total actual costs incurred by the
City.
4. Any water main extension made pursuant-to this Agreement
shall be used only by the Customer, unless written consent is
granted by the City of Boynton Beach for other parties to connect.
All connections shall be made in accordance with the Codes and
regulations of Boynton Beach.
5. Title to all mains, extensions and other facilities
extended from the City Water Distribution System to and including
the metered service to Customer shall be v&sted in the City
exclusively Unless otherwise conveyed or abandoned to the property
owner.
6. The Customer agrees to pay all charges, deposits and
rates for service and equipment in connection with water service
outside the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to
time.
7. Any rights-of-way or easements necessary to accommodate
the connections shall be provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver
to t~e City an Irrevocable Special Power of Attorney granting to
the City the power and authority to execute and advance on behalf
of the Customer a voluntary petition for annexation. Customer~
covenants that it shall cooperate with the City and not raise
opposition or. challenge to such annexation if and when annexation
is initiated. The property shall be subject to annexation at the
option of the City at any time the property is eligible under any
available means or method for annexation. Customer will inform any
and all assigns or purchasers of any or part of this property of
this covenant and of the irrevocable special power of attorney, but
Customer's failure to provide such notice shall not constitute a
defense or bar to the City's rights as set forth herein. 'The
Customer acknowledges that the consideration of initially
connecting to the City'.s water supply is sufficient to support the
grant of the power of attorney any subsequent disconnection or lack
of service shall in no way ~mpair the power of attorney nor
constitute a diminution or lack of consideration.
9. The Customer acknowledges that this covenant regarding
annexation is intended to be and is hereby made a covenant running
with the land described in paragraph 1 above. This Agreement and
the power of attorney referenced herein is to be recorded in the
Public Records of Palm Beach County, Florida, and the Customer and
all subsequent transferee, grantees, heirs or assigns of Customer
shall be binding on the Customer and all successors and assigns.
10. It is agreed that the City shall have no liability In the
event there is a reduction, impairment or termination in water
service to be provided under this Agreement due to any
prohibitions, restrictions, limitations or requirements of local,
regional, State or Federal agencies or other agencies having
jurisdiction over such matters. Also, the City shall have no
liability in the event there is a reduction, impairment or
termination of water service due to acts of God, accidents,
strikes, boycotts, blackouts, fire, earthquakes, other casualties
or other circumstances beyond the City's reasonable control.
11. The Customer hereby agrees to indemnify, defend and hold
harmless the City of Boynton Beach, Florida, its Mayor, Members of
3
the City Commission, Officers, employees and agents (Both in their
individual and official capacities) from and against all claims,
damages, law suits and expenses including reasonable attorneys fees
(whether or not incurred on appeal or in connection with post
judgment collection) and costs rising out of or resulting from the
Customer's obligation under or performance pursd~nt to this
Agreement.
12. No additional agreements or representations shall be
binding on any of the parties hereto unless incorporated in this-
Agreement. No modifications or change in this Agreement shall be
valid upon the parties unless in writing executed by the parties to
be bound thereby.
IN WITNESS WHEREOF, the parties hereto have set their hands
WITNESS:
(As to owner)
(As to owner)
(As to owner)
(Priht name)
(Print name)
FOR INDIVIDUAL(S) NOTARIZATION:
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an offices duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared
-/ to me known to be the person(s)
described in and who executed the foregoing instrument that he/she
acknowledged before me that he/she executed the same; that the
individual was personally known to me or provided the following
proof of identification:
WITNESS my hand and official seal in the County and State last
aforesaid this ~/~'~- day of ~ , 199_~
(Notary Seal) ~~
WITNESS:
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH)
SS:
ATTEST:
I HEREBY CERTIFY that on this day, before me, an officer dul~
authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared ~F/~. ~ .~d~/n< ,
Mayor and ~&,3 ~ ~ ~ -~,~$ C , City Clerk respectively,
of the City na~ed in the foregoing agreement and that they
severally acknowledged executing same in the presence of two
subscribing witnesses freely and voluntarily under authority duly
vested in them by said City and that the City seal affixed thereto
is the true corporate seal affixed thereto is the true corporate
seal of said City.
WITNESS my hand a,~d official seal in the County and State last
aforesaid this _Q$~day of ~z~s2- , 199~_.
~, %Commis~jofl # CC 76~7
Nota~ Public
~0~~ 8ONOE~M~
AT~C BONDING~CO,, INa
Approved as to form:
City Attorney
Legal Description Approved:
JAC/lms
900182
12/12/95.rev
WATERSRV.1
~IS INSTRUMENT PREPARED BY
James A C~erof. Esquire
Joslas &Goren,
3099 East Commercial Blvd
Suite 200
Ft. Lauderdale FL 33308
~RREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF (~/~
I/We, C~0~f o~U~ ~[~, {~. , hereinafter
"Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON
BEACH, FLORIDA, true and lawful attorney in facn for Grantee and mn
Grantee's name, place and stead, for the sole purpose of executing
on behalf of Grantee the power to initiate, maintain, and complete
a voluntary petition for annexation of the real property described
herein into the CITY OF BOYlqTON BEACH. This power shall extend to
the CITY OF BOYNTON BEACH full and complete authority to act on
Grantee's behalf to accomplish annexation by any available means.
The real property which is the subject of this power is described
as follows:
The powers and authority of my attorney,
THE CITY OF BOYNTON
BEACH, FLORIDA, shall commence and be in full force and effect on
[7 day of ~~ 19~ and the powers and
the
authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals
the Z[ day of ~~ in the year one thousand nine
in the
hundred and ninety
Sealed and delivered
Witness
Witness
Witness
presence of
Print name
STATE OF FLORIDA
COUNTY OF PALM BEACH
ss:
THE FOREGOING
day of ~ , 19~f,
produced ~-~/~
did/did not take an oath.
INSTRUMENT was acknowledged before me this
by ~-//~ ~ ~-;~'~ and
, who are known to me or who have
as identification and who
My Commission Expires:
POA. IND
Type or Print
Commission No.
Name
Ma¥-14-1998 08:59am 9~-- 1 79357
ORB 10401 P9 804
Con 585,~0.00 Doc 4,095.00
TRUSTEE'S DEED
TI'lIS rNDENTURE, made this [ ~'I~ day of April, 1998 between JAM~S R. M. AR_LOW
and JOHN E. PR. ATHER,- a~ Successor Co-Trustees under The Ruth l~. Spaulding Trust Agreement
dat~l January 26, 1982, (her~af~r x-~f~rr=d to a* "Crrantota'); and COCONUT LAIqE PROPERTY,
INC., a Florida corporation, who~ post office address is 851 Broken Sound Parkway, N.W., Boca
Raton, Flor/da 33487, hereina/~r referred to as
WITNI~SSETH. that thc Crrantor, for ~.nd in consideration of the sum ofTen Dollars and
other vaiuablc cor~id~ration to it paid by th= Orantee, the rcc~fl~-of wtfich is hereby ackxxowlcdged,
docs hereby grant, bargain, sell and convey unto the said Grantee th~ following described real estate,
situated in Palm Beach County, Florida. to wit:
See Exh/bit "A" attached hereto and made a part hereof.
Parcel 1 Folio Number: 42-46-01-00-000-7100
Pm-cci 2 Folio Number: 42-46-01-00-000-71~0
The Crrantor hereby covenants with the G-mnme that lawful seisin of and good right to convey
said real estate are vested in the Grantor, and that the Grantor hereby warrants and will defend the
. title to ~aid land against the lawful claims of ail persons claiming by and through the Grantor, except
applicable zoning regulations, easements, restrictions and reservations of record, matters disclosed
by p~sonai i~sp~ction aneTJor su~-~ey of the premises, an~ ta~es for the year 199//: and. thereafter,
which Grantee herein assumes and agrees to pay.
Signed, sealed and delivered
in the presence~qf~
PrintName: (_tg~J('~- ~--
15tint Nam=: ~-r~-.V~-.~
STATE OF OHIO
COUNTY OF ~-/~:r~
/ffJViES R. MARLOW, ~s Suceessor Co-
~T. ru~t=o of The Ruth E. Spaulding Trust
Agreement dated Januax~y 26, 1982
Th~ foregoing ingtrument was acknowledged before me this f~-~n day of April, 1998 by
James R. Marlow, as Stw. cesSor Co-Truste~ of The Ruth E. Spauld/n~ Trus! Agreement dated
January 25, 1982, [ x ] who is personally known to me or [ ] who produced
as identification.
P~rint Nme: .~ ~ ~,'~=-~' '~, '~ ~A."~
NOT~Y PUBLIC (
My commission expir¢~:~x~_~
~TL~/EN E GAY~ Attorney at ~
ORB 1040~ Pg
Trustee's Deed - Page
COUNTY OF
The foregoing
E. Pm~er, ~ S~c~r Co-T~tee of~e ~ E. S~ding_T~t A~eement dat~ J~ 26.
1982, [ ~ ] who is ~mo~ly ~om to me or [ ] who pr~uced
~ id~fioa~on.
(SE~)
NOT~Y P~LIC .
My
"OTARY PUBCI~ STAT~ OF OHD
/"JOHN E. PR2%THEI~, a$ Successor Co-
Trustee of Thc Ruth 15. Spnulding Tr~t
Agreement dated January 2<5, 1982
ORB 1 ~401 Pg ~B~i~l~
DO~ll~Y H. WIL]<EN, ~E~ PB CQL~NI~F, FI.
Parcel 1: The West half (W 1/2) of the qu
Northeast arter (NE 1/4) of the Southeast
quarter (SE 1/4) Of the Southwest quarter (SW 1/~f of Sec=ion 1, Township 46 South,
Range 42 East.
Parcel 2: The North three-fifth (N 3/5) of the Eas= half (E 1/2) of =he Nor=heast
quarter (NE 1/4) of the Southeast quarter (SE 1/4) of the Southwest quarter (SW 1/4) of
Section 1, Township 46 South, Range 42 East, less the Right-of-Way of Coun=y Road and
LESS the North 25 feet reserved for road right-of-way of Coconut Lane, LESS a portion
of the subject property in t_he Southeast corner 200 foot square.