R05-197
II
1 RESOLUTION NO. R 05 - Iq1
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING AND DIRECTING EXECUTION OF
6 THE SIXTH AMENDMENT TO THE INTERLOCAL
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH AND THE CITY OF DELRAY BEACH,
9 FLORIDA, REGARDING THE SOUTH CENTRAL
10 REGIONAL WASTEWATER TREATMENT AND
11 DISPOSAL BOARD (SCRWTD); AND PROVIDING AN
12 EFFECTIVE DATE.
13
14 WHEREAS, the City of Boynton Beach and the City of Delray Beach previously
15 entered into an Interlocal Agreement, dated December 26, 1974, establishing the South
16 Central Regional Wastewater Treatment and Disposal Board, hereinafter referred to as
17 "SCR WTD Board" which Agreement has been amended from time to time; and
18 WHEREAS, the SCR WTD Board is desirous of further amending the Interlocal
19 Agreement to provide the Board to be a provider of reclaimed water to the Cities of Delray
20 Beach, Boynton Beach and other entities within the respective Cities, as well as providing
21 for the internal use of the reclaimed water by the Board and further amending the Interlocal
22 Agreement to provide that the Board will be authorized to enter into independent Interlocal
23 Agreements with the Cities of Boynton Beach and Delray Beach, respectively, for the
24 providing of such wholesale reclaimed water.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27
Section 1.
Each Whereas clause set forth above IS true and correct and
28 incorporated herein by this reference.
29
Section 2.
The Mayor is hereby authorized to execute the Sixth Amendment to
30 the Interlocal Agreement between the City of Boynton Beach and the South Central Regional
31 Wastewater Treatment and Disposal Board (SCRWTD Board) amending Section 3, Powers
S:\CA\RESOlAgreements\lnterlocals\Sixth Amendment to Interloeal - SCRWTDB.doc
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and Procedures, Subsection (B)(14) to provide the Board to be a provider of reclaimed water
2 to the Cities of Delray Beach, Boynton Beach and other entities within the respective Cities,
3 as well as providing for the internal use of the reclaimed water by the Board and further
4 amending the Interlocal Agreement to provide that the Board will be authorized to enter into
5 independent Interlocal Agreements with the Cities of Boynton Beach and Delray Beach,
6 respectively, for the providing of such wholesale reclaimed water, which Amendment is
7 attached hereto and made a part hereof.
8
Section 3.
The City Commission does ratify the action taken by the South
9 Central Regional Wastewater Treatment & Disposal Board on November 17, 2005 as to this
10 Agreement.
11
Section 4.
That this Resolution shall become effective immediately upon
12
passage.
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PASSED AND ADOPTED this ~ day of December, 2005.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
'2 CO,.mmissioner
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oeals\Sixth Amendment to Interloeal - SCRWTDB.doc
~oS - 197
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF NOVEMBER 17, 2005
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on November 17,2005, by a vote of 7-0, to approve modifications of Sixth
Amendment to Interlocal Agreement.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
~ day of j)eceM~r ,6loo5" , by a 5-0 vote.
CITY OF BOYNTON BEACH
By:
Attest:
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III1III1III ~IIIIIIIIIII
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SIXTH AMENDMENT TO INTERLOCAL AGREEMENT ~ h=;
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THIS SIXTH AMENDMENT TO INTERLOCAL AGREEMENT is made and
entered into this C\~day of ~~.1 . 200\.t., by and between
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the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter
referred to as "BOYNTON", and the CITY OF DELRA Y BEACH, FLORIDA, a
municipal corporation, hereinafter referred to as "DELRA Y".
WITNESSETH:
WHEREAS, BOYNTON and DELRA Y pursuant to Section 163.01, Florida
Statutes, have heretofore entered into that certain Interlocal Agreement dated the
26th day of December, 1974, establishing the So"uth 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, by Third Amendment dated October 19, 1995, and by that certain Fourth
Amendment dated February 18, 2003, and the Fifth Amendment dated
September 7, 2004; and,
WHEREAS, the BOARD is desirous of amending Section 3, Powers and
Procedures, Subsection (B)(14) to provide the BOARD to be a provider of
reclaimed water to the Cities of Delray Beach, Boynton Beach, other entities
within the respective Cities, as well as providing for the internal use of the
reclaimed water by the BOARD and further amending Annex I, Allocation of
Operatinq Costs, Subsection 6, Reclaimed Water, to provide that the BOARD will
be authorized to enter into independent Interlocal Agreements with the Cities of
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Prepared by:
Robert W. Federspiel
Dittman, Dowling, & Federspiel
151 N.W. 1st Ave
Delray Beach, Fl. 33444
Return to:
Roger G. Saberson
Roger G. Saberson P.A.
70 S.E. 4th Ave.
Delray Beach, Fl. 33483
Boynton Beach and Delray Beach, respectively, for the providing of such
wholesale reclaimed water.
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. Powers and Procedures, Subsection (B)(14), is hereby
amended in its entirety to read as follows:
"14. Enter into contracts for sale and disposal of
reclaimed water for irrigation and other beneficial
uses with the Cities of Boynton Beach and Delray
Beach and other entities within those Cities desiring
to use reclaimed water upon approval of each City for
the delivery of reclaimed water within each City at a
location determined by the BOARD".
2. Subsection 6. Reclaimed Water, of Annex I, Allocation of Operatinq
Costs, of the Interlocal Agreement is hereby amended in its entirety to read 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 for the operation of the
Regional Facility, and in that regard, the BOARD shall
be authorized to enter into contracts with the Cities of
Boynton Beach and Delray Beach, respectively, for
the delivery of up to fifty percent (50%) each of the
effluent produced and treated by the Regional Facility
to the standards required by the Florida Department
of Environmental Protection for the utilization of such
Reclaimed Water for irrigation and other beneficial
uses provided however, the Board may also enter into
contracts with third parties to use the reclaimed water
effluent if authorized by each City and in an amount
authorized by each City. The Charge to each City
shall be in accordance with a formula approved by the
Board each year. The revenues received from the
sale of such Reclaimed Water by the BOARD to the
said Cities shall be applied to the operating budget of
the BOARD. Notwithstanding any provision herein to
the contrary, the Cities of Boynton Beach and Delray
Beach shall be entitled to temporarily or permanently
assign a portion of their allocated 50% share in the
Reclaimed Water effluent to the other City, subject to
the parties entering into an Interlocal Agreement with
respect thereto and providing the BOARD with a
certified copy of the same.
3. This Amendment shall become effective upon ratification by a
majority vote of each City Commission.
4. This Amendment shall be filed with the Clerk of the Court in 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 Agreement.
RESOLVED this ~ day of November
, 200~, by a
7-0 vote.
Lt~~
Chairman
~
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
ATTEST:
~.~.~.\\~
City Clerk
By: f
;Y EACH, FLORIDA
Approved as to form:
() l\. ___-
\~. ~ r-..
~ity Attorney
OF BOYNTON BEACH, FLORIDA
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City Clerk's Office
MEMORANDUM
TO:
Robert Hagel
Executive Director
FROM:
JANET P. PRAINITO, CITY CLERK
City of Boynton Beach
DATE:
December 13, 2005
RE:
Ratifications- Resolutions # R05-196, R05-197 and R05-198
Attached please find two originals of each of the above mentioned ratifications that
were approved at the City Commission meeting held on December 6, 2005. Please
return a fully executed document to me for our records.
Please contact me if you have any questions.
Thank you.
~m.A~
Attachments:
,.
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue · Delray Beach, Florida 33445
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'lelephone
(561) 272-7061 (561) 734-2577
Fax; (561) 265.2357
www.scrwwtp.org
BOARD
City Council Members of
Boynton Beach & Delray Beach
MEMORANDUM
TO:
Janet Prainito
City of Boynton Beach
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FROM:
Robert J. Hagel
Executive Director
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DATE:
November 22,2005
RE:
Ratifications
Attached are the Ratifications from the Quarter Annual Meeting of November 17,
2005, which require signatures. Would you, please, place these on the Agenda for
your next Commission meeting?
Thank you.
Authorization to enter into agreement with Florida Water Environmental Association
Utility council to allow NOAA to perform dye tracer study on the Gulfstream Reef in the
amount of $189,000.00. Cost to be split 50/50 from each City's Capital Fund.
Authorization for the Chairman to sign the Reclaimed Water Flow Easement
Agreement with Boynton Beach.
Authorization to approve modifications of Sixth Amendment to Interlocal Agreement.
Authorization to approve modification of Hazen and Sawyer task order 04-061 for
reclaim expansion in the amount of $97,760 increasing the total task order amount to
$537,760 to be split 50/50 from each City's capital fund.
Authorization to enter into contract with Interstate Engineering Corp. in the amount of
$1,489,000.00 to construct a 3 million gallon reuse water storage tank, associated
piping and pumps. Cost to be split 50/50 from each city's capital fund.
Janet Prainito
November 23,2005
Ratifications
Page Two
Authorization Chairman to enter into contract DG061158 with South Florida
Management District for reuse project in the amount of $1 ,493.590.00.
Authorization for the Chairman to accept Hazen and Sawyer's work order 06-001 to
provide consulting services in the amount of $26,908 for reclaimed water distribution
system hydraulic model.
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue · Delray Beach, Florida 33445
BOARD
City Council Members of
Boynton Beach & Delray Beach
Telephone
(561) 272-7061 (561) 734-2577
Fax: (561) 265-2357
www.scrwwtp.org
MEMORANDUM
TO:
Janet Prainito
City of Boynton Beach
-:1
FROM:
Ann Kellum
DATE:
April 10, 2006
RE:
Sixth Amendment
Please find enclosed the Sixth Amendment to Interlocal Agreement which has been
filed with the Court.
Thank you.
C:\Documents and Settings\akellum\My Documents\Memo Form - Ann.doc
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