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R91-045RESOLUTION NO. R91-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING RESOLUTION 1-91 OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD AUTHORIZING UTILIZATION OF FUNDS FROM SINKING FUND FOR PAYMENT OF PORTIONS OF ODOR ABATEMENT CONSTRUCTION; AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID RATIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it has been deemed by the City Commission of the City of Boynnon Beach, acting in their capacity as one of the governing municipalities of the South Central Regional Wastewater Treatment and Disposal Board ~Board), to be in the best interests of the citizens and residents of the City of Boynton Beach to ratify Resolution No. 1-91 of said Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of th~ City of Boynton Beach, Florida hereby ratifies Resolution 1-91 of the South Central Regional Wastewater Treatment and Disposal Board, to utilize funds from Sinking Fund for payment of portions of odor abatement construction, and authorize the Mayor and City Clerk to execute said Ratification. Resolution 1-91 is attached hereto ms Exhibit "A". Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this /~ day o~ March, ~991. CITY O~.B~YNTONJ/ BEA~2H, FLORIDA 9i-ce3 Mayor Commissioner ~'Co~i s ~ ioner-- ATTEST: (Corpe~ate-S~al) RESOLUTION NO. 1 - 91 A RESOLUTION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD REQUESTING, PURSUANT TO RESOLUTION 9-81, THE CIT3( OF DELRA¥ BEACH AND THE CITY OF BOYNTON BEACH TO PAY TO THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD $3,000,I}00.00 FROM TH E SINKING FUND ACCOUNT HELD BY EACH CITY FOR THE PURPOSE OF ALLOWING THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD TO UTILIZE SAID FUNDS FOR A PAYMENT OF PORTIONS OF THE .CURRENT ODOR ABATEMENT: CONSTRUCTION PROJECT. WHEREAS, the SOUTH CENTRAL REGIONAL 3h~ASTEWATER TREATMENT AND DISPOSAL BOARD has heretofore created a Sinking Fund pursuant to Resolution 9-81 (the "Sinking Fund") for the purpose of providing sufficient revenues to fund expenditures required for obtaining and installing equipment, accessories, and appurtenances which are necessary to maintain the capacity and performance during the service life of the treatment works, including the replacement of portions thereof; and W~-IEREAS, pursuant to the said Resolution 9-81 the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD has paid to the Cities revenues to be held in separate Sinking Fund accounts by the Cities subjec~ to the requirement that such funds be delivered to the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD upon written demand therefor; and WHEREAS, the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD has determined that certain portions of its current Odor Abatement Construction Project, being constituted under Contract with SEE In c. dated/~ug. 8 ' 9 0 (the "Contracff) are directly related to the purposes for which the said Sinking Fund was established and have determined that it is appropriate to utilize $3,000,000.00 from the Sinking Fund for the payment of such directly related expenses; and WHEREAS, the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD has determined that the replacement and modification of various portions of the treatment works is necessary to obsolescence; and WHEREAS, the. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD has determined that the replacement and/or modification of portions of the treatment works are necessary to reduce odors being emanated from the treatment works in order to allow, pursuant to the regulatory and legal requirements applicable, the continued operation of the treatment ~vorks during its remaining service life; and WHEREAS, the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD has determined that the reserves remaining in the Sinking Fund after the expenditure of the sum contemplated herein, together with the future revenues deposited into said Sinking Fund out of the user fees, will be reasonably adequate to meet the projected expenditures required to maintain the capacity and performance of the treatment works daring its remaining service life. .~ 1;..~ ~The c4ty of~DelrayBea~h 'and:th~ City c/f ~oyntou. BdaCh~shall each pay out of the fespectiveseparate SinldngTFund;a¢cot/ntS held hytkem pursuangto B0ard R, esolu[ion 9-81 the sum of $1,500.000.00 each within' fi£teen (15)' days from the delivery of a written notice signed by the Chairman of t~ke Board to~each,City.- 2. The:SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD hereby resolves to utilize said funds obtained from the ,Cities out: c f the Sinking Fund for the payment of the expenditures .incurred in the construction and installation of the following structures and equipment pursuant tothe Contract in the following respective percentages: A. Aeration system including fine pore diffusers, HCI gas cleaning system, aeration basin modifications $1,500,000.00 B. Blower building including electrical improvements $1,000,000.00 C. Related sitework and demolition $ 500,000.00 RESOLVED this day of March, 1991. Chairman ~ _ ATTEST: this Secretary Approved: Interim Executive Directo~ The above Resolution No. 1-91 is hereby ratified in open session by the City of Delray Beach day of , 1991, by a vote. ATTEST: Mayor City Clerk Approved as to form: City Attorney