R95-030RESOLUTION NO. R95-,.~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND
HYPOLUXO HARBOR, INC.; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the subject property is a mobile home park located on the east side of
U.S. One, within the Town limits of Hypoluxo; and
WHEREAS, Hypoluxo Harbor has recently phased out their on-site sewage
treatment plant and connected to the City's sewage transmission system;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute an Agreement between the City of Boynton Beach and Hypoluxo Harbor, Inc.,
granting Hypoluxo Harbor, Inc., a commodity-only rate, and establishing other conditions
related to the transport of sewage into the City's sewer system, which Agreement is
attached hereto as Exhibit "A".
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ,=.~,/ day of February, 1995.
ATTEST:
City"Clerk
CITY OF BOY/NTON B.EACH, FLORIDA
Mayo~ \
Commissioner
(Corporate Seal)
HypoluxoHafoor. Agr
Authsig2.Doc
2/14/95
AGREEMENT
WHEREAS,
of Hypoluxo; and
WHEREAS,
THIS AGREEMENT is made and entered into this day of ,1995,
by and between the CITY OF BOYNTON BEACH, hereinafter referred to as "BOYNTON
BEACH," and HYPOLUXO HARBOR INC., hereinafter referred to as "HYPOLUXO HARBOR".
WlTNESSETH:
HYPOLUXO HARBOR is a mobile home park located within the Town limits
HYPOLLrXO HARBOR has recently discontinued its operation of its package
wastewater treatment and disposal plant and is currently in obtaining wastewater disposal services
fi.om BOYNTON BEACH through the BOYNTON BEACH collection system for treatment at the
South Central Regional Wastewater Treatment and Disposal Board; and
WHEREAS, HYPOLUXO HARBOR will continue to maintain its own on-site sanitary
sewage collection and transmission system.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained
and other good and valuable consideration from one party to the other, the receipt and adequacy of
w.~.ich is hereby acknowledged, the BOYNTON BEACH and the HYPOLUXO HARBOR agree as
follows: --
1. The CITY OF BOYNTON BEACH agrees to receive, at the point of connection of
the HYPOLUXO HARBOR system, all flows fi.om the HYPOLUXO HARBOR sanitary sewage
collection and transmission system.
2. BOYNTON BEACH will transmit for treatment the sanitary sewage received by the
BOYNTON BEACH pursuant to Paragraph 1 hereof to the South Central Regional Wastewater
Treatment and Disposal Plant.
3. It is agreed that the ~anitary sewer collection system, pumping stations, and force main
that collects sewage from HYPOLUXO HARBOR up to the point of connection into the
BOYNTON BEACH sewage force main shall be the responsibility of HYPOLUXO HARBOR.
4. For disposal of its sewage through the BOYNTON BEACH sewage system, and
thereafter into the South Central Regional Wastewater Treatment and Disposal Plant, HYPOLUXO
HARBOR agrees to pay to BOYNTON BEACH a charge per 1,000 gallons of flow on a monthly
basis equal to the commodity rate in effect for residences outside of the City (i.e. the "outside-city
rate"), but with no maximum. For the current year the sewer rate will be $1.93 per 1000 gallons.
This rate is subject to change as enacted via ordinances adopted by the City Commission of Boynton
Beach, but the rate charged to HYPOLUXO HARBOR will always be identical to the commodity
portion of the "outside-city" rate.
5. HYPOLUXO HARBOR will make monthly payments to BOYNTON BEACH,
beginning at the completion of the first full month of operations under the terms of this Agreement.
Payments will be based upon the gallons of sewage measured at the water meter serving
HYPOLUXO HARBOR. If during any one month the total sewage flow from HYPOLUXO
HARBOR is demonstrated to exceed the water meter reading by an amount greater than 15%,
HYPOLUXO HARBOR shall take immediate measures to restrict this excessive inflow and
infiltration to their sewer system. HYPOLUXO HARBOR further agrees to the use ora portable
flow meter on their discharge main to the City's sewer system, and upon presentation by the City of
a measurement from said meter, to pay the City the amount due (at the rate then in effect) for all
excessive inflow or infiltration.
6. This Agreement constitutes the entire Agreement between the parties. This
Agreement may be only in writing signed by both parties hereto.
7. This Agreement shall continue to remain in full force and effect so long as the
Regional Treatment Plant is operational. It shall, however, become null and void upon redevelopment
of the HYPOLUXO HARBOR property.
8. In the event of default by either party Under the terms and conditions of this
Agreement, the non-defaulting party shall be entitled to all remedies available at law or in equity. The
prevailing party in any litigated dispute shall be entitled to recover attorneys' fees.
9. This Agreement shall be binding upon and inure to the benefit of BOYNTON
BEACH, HYPOLUXO HARBOR and its members and their respective successors and assigns.
10. The entry into this Agreement shall in no way obligate HYPOLUXO HARBOR or
its members to use or purchase other utilities or services from Boynton Beach or to annex or consent
to the annexation of property into Boynton Beach.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
abOve written.
CITY OF BOYNTON BEACH
Ci~ Clerk /
Edward Ha~e~ng, May~~~.,...r ~ ~/:
2 ~ c~ ~wo~ ~v
· HYPOLUXO HARBOR, INC.
Secretary ' - Jean~A. Cooke, President
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