76-RR RESOLUTION NO. 76-RR
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REQUEST-
ING CONSIDERATION OF FLORIDA LEGISLATURE FOR REIMBURSEMENT
OF FUNDS REPRESENTING OUTSTANDING DEBT DUE ON CONSTRUCTION
COST OF CITY'S EXISTING WASTEWATER TREATMENT PLANT.
WHEREAS, the City of Boynton Beach. Florida, has, with the approval of the
State of Florida Board of Health, constructed a wastewater treatment plant, includ-
ing an Intracoastal Waterway outfall system, at a cost of $4,317,990.0O; and
WHEREAS, the amount of the outstanding principal indebtedness of the City
for construction of said wastewater treatment plant and outfall system is presently
$3,526,750.00; and
WHEREAS, pursuant to Public Law 92-500, the Water Quality Management Plan
was adopted by the Area Planning Board of Palm Beach County, Florida, and ap-
proved by the State of Florida Department of Environmental Regulation (hereafter
referred to as "D .E .R.") and the United States Environmental Protection Agency
(hereafter referred to as "E .P .A."), which Plan dictated that the existing City
water treatment plant be removed from service upon completion of the regional wast~
water treatment facility; and
WHEREAS, as part of the City's Step II Grant Application to the Federal Govern-
ment, the City's consulting engineers, Russell & Axon, prepared a Cost Effective
Analysis setting forth the alternate methods for developing a wastewater delivery
system from the City to the regional facility, as required by D .E .R. and E .P .A.; and
WHEREAS, said Cost Effective Analysis indicated that, in view of the proba-
bility that the regional facility would be overloaded or very near capacity at the
time of completion of construction, it would be most cost effective and feasible to con-
tinue to use the capacity of the City's existing wastewater treatment plant for a rea-
sonable period of time subsequent to the installation of the regional facility; and
WHEREAS, despite the conclusions reached in the Cost Effective Analysis, the
E .P.A., based on its interpretive rulings set forth in 40 CFR 35920-3 (b), together
with the D .E.R.j have mandated that the City's existing wastewater treatment plant
be eliminated immediately upon completion of the regional facility and that the City
would not be entitled to recover the aforesaid outstanding debt due on its existing
plant; and
WHEREAS, the aforesaid mandate to phase out the City's existing wastewater
treatment plant and refusal to reimburse the outstanding debt due thereon deprives
the citizens of the greater Boynton Beach area their right under the United States Con
stitution and the Constitution of the State of Florida to receive just compensation for
property which has been effectively sequestered from them without due process of
law; and
WHEREAS, the City of Boynton Beach will expend an amount substantially in
excess of the outstanding debt due on its existing wastewater treatment plant as its
contributive share of the cost of constructing the regional facility, as well as the ef-
fluent force main and lift stations connected therewith.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BEACH, FLORIDA:
Section 1: That the City of Boynton Beach, Florida, hereby respectfully re-
quests that the Florida State Legislature, in its next legislative session, consider the
inequity of the aforesaid circumstances under which the City of Boynton Beach is
being required to expend monies twice for the same purpose and, in view thereof,
adopt a Claims Bill providing for reimbursement in the amount of $3,526;75~:.
the City of Boynton Beach, which will be utilized for the exclusive purpose of retir-
the outstanding indebtedness of the City due bond holders of bonds issued by the
City for the construction of the City's existing wastewater treatment plant.
Section 2: That the proper City Officials are hereby authorized and directed
present this Resolution on behalf of the City Council of the City of Boynton Beach,
to the Florida Legislature at its next legislative session.
Section 3: This Resolution shall become effective immediately upon its passage
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ATTEST:
Cou~ember
Council Member
--'~ ~ouneil Member
City Clerk