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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.