R93-22RESOLUTION NO. R93-~
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
PALM BEACH COUNTY, PROVIDING FOR
SATISFACTION OF THE CITY'S CAPITAL
FACILITIES CHARGES BY PALM BEACH COUNTY
ON BEHALF OF THOSE RESIDENTS OF THE
TRADEWINDS ESTATES SUBDIVISION; AND
PROVIDING ANEFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida, upon recommendation of staff, has deemed it to
be in the b~st interests of the citizens and residents of the
City of Bo!rnton Beach, Florida to execute an Agreement between
the City of Boynton Beach and Palm Beach County.
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 to execute an Agreement between the City of Boynton
Beach and Palm Beach County, providing for satisfaction of the
City's capital facilities charges by Palm Beach County on
behalf of those residents of the Tradewinds Estates
Subdivision so electing, which Agreement is attacked hereto as
Exhibit "A".
Section 2. That this Resolution shall become
effective im~ediate!y upon passage.
PASSED AND ADOPTED this /~ day of February, 1993.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
i net
Co~sioner
ATTEST:
Ci~ Clerk
(C~rporate Seal
Authsig.doc
Uti.TrdWnds
2/11/93
4078844123~
BETWEEN QTY OF BO TON BEAC
AND
P t.M BF_ACH COT Y. FLOi DA /
THIS AGR~F~/EN~ mede and entered into thi~~ . _ day of
, 1993, by and between the COUNTY OF PALM BEACH, a
Politica! subdivisic~ of the state of Flori~, hereinafter
called
and referred to es the "COUNTy- and the ~C~Ty//OF
BOYNTON
BEACH,
municipality in the State of
hereinafter
called
and
referred to as the "CITY-.
R~AB, the CITY and/~e COUNTY are author~se~ ~o enter into
this
agreement
pursuant
.~ Sectio~ 163.01, Florida Statutes, as
amendsd,
which
permits
focal governmontal units to make the most
efTicient uss of thebr powers by enabling ~hem to cooperate with
?
other localities o~/a basis of mutual advantage~ and
t~OUNTY.. . has caused to be constructed water an~
sewer faciliti~s in the Tradewinds Estates Subdivislon~ and
WHE~AB water and sewer facilities will be owned and
operated b~ ~he "CITY- i and
WH~E&S,/ the "CITY" collects e capital facil~ties charge to
cover t.F~ cost of existing or additional
water
sewer
treatment
facil~ties from residents as they connect to the water and sewer
facilities;/' and
/ WHEaEAB, said capital facilities charges can impose a hardship
remove any incentive to voluntarily oor~nect to the water and
facilities; and
//
WHBREAS, the "COUNTY,, is willing to satisfy the cepital
facilities charges for those residents of TradeWihds Estates who es
choose, and allow them to pay the "COUNTy" back over a ten .year
period at 10% per year simple interest.
SE~T OY:Xerox Telecop~e~ 7020 : 1-27-~$ ;10:58PE : 4076844123- ;~$
t
NOW,
CO~AZ~D ~B~ZN; T~ ~TZ~8 TO T~ZB A~ A~ A8 FOLLO~S~
1. The recitals se~ for~ ~ are hereby ado~2ed and
~noo~orated in this agreement.
The "CO~TY" agrees to:
A. U~on com~le~ion of the water ~is~r~bu~on facilities,
notify ~he 'residen~ of Tradewind~ E~tate~ that they have
a llmi~ed
water ~e~l~e ~g~eeme~t with the ~CITy" an~ ~e "COUNTY"
will ~ay their ca~ital facility charge~.
B. Pr~tde the "CITY" with a list of eligible Dro~erty
owners
Upon receipt of a list from the "CITY" showing the name,
address, and individual capital facility charge for each
resident cf Tradewind~ Estates w~o have taken advantage
of this arrangement along with an invoice for the total
charges, pay to the "CITY" the full amount shown on ~he
invoice.
The "CITY" agrees
A.
Allow those residents of the Tradewinds Estates
Subdivision eleotlng to have the "COUNTY,, pay their
facilitie~ Charges ~o execute a water serVice agreement
and immediately connect to the water system.
B. Prepare a list of ~hose residents of Tradewinds Estates
taking advantage of this agreement and forward it along
wi~h an invoice for the total charges to the "COUNTY..
This Agreement shall be executed in triplicate and the
"COUNTY,, shall retain two (2) and the "CITY" shall retain one
(1) copy. All shall be considered an original.
Any and all notice reguired or permitted to be given here
under shall be deemed received five ($) days after same are
deposited in U.S. Mail sent via certified mall, retur~ receipt
requested.
Ail notices to the "CITY,, shall he sent to:
The City 02 Eoynton Beach
124 S.E. lSth Avenue
~oynton Beach, Florida 33435
ATTENTIONs John' A. Guidry, Director of Utilities
AI1 notices to the "COUNTy. shall be sent to~
George T. Wsbht P.E. - _County Engineer
Engineering and ~Ublic ~or~s Department
P.O. Box 21229
West Palm Beach, FL 33416
ATTENTION~ Engineering Coordination
IN WXTN~BB WHE~OF, the County o2 Palm Beach, Florida, has
caused this Agreement to be signed by the Chairman of the Board 0£
County Commissioners and ~he Seal of enid Board to be affixed
hereto and attested by the Clerk of said Board, pursuant to
authority granted by said Board, and the "CITY. has caused this
Agreement to be Signed in its n~me by /ts Mayor and its seal to be
affixed hereto, attested by its Clerk, the date and Year first
above written.
CITY OF BOYNTON BEACH
MAYOR
ATTEST:
SUE KRUSE, CITY CLERK
By:_
APPROVED AS FOR FOP~M AND
LEGAL SUFPzCZENC~:
PALM BEACHcO~Ty, FLORIDA,
CHAI~AN, BOARD OF COUNTY
CO~MIssIONERS
ATTEST:
DOrOTHy H. WIL~EN, CLERK
A~PROVED AS TO FOP~AND
COUNTy ATTORNEY
REF:~OYNT~CH.A~R