R18-1471
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RESOLUTION NO. R18-147
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO
SIGN AN INTERLOCAL AGREEMENT WITH THE TOWN OF
HYPOLUXO FOR THE CITY TO PROVIDE WATER, SEWER AND
REUSE SERVICES TO THE TOWN OF HYPOLUXO; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Hypoluxo has greed to allow the City of Boynton Beach to
serve its customers with water services; and
WHEREAS, the City of Boynton Beach currently serves the Town of Hypoluxo with
sewer services and one-third of the Town with water services; and
WHEREAS, the expansion of utility services benefits all current customers by
increasing the number of customers paying for the base infrastructure which provides base
facility rate stability; and
WHEREAS, the Utility has the capacity to serve the new customers and the area that
will be added by this Agreement; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
recommendation of staff, deems it to be in the best interests of the City residents to approve
and authorize the Mayor to sign an Interlocal Agreement with the Town of Hypoluxo for
water, sewer and reuse services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
II hereof.
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Section 2. The City Commission hereby approves and authorizes the Mayor to
sign an Interlocal Agreement with the Town of Hypoluxo for water, sewer and reuse services,
a copy of which is attached hereto as Exhibit "A."
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 2nd day of October, 2018.
CITY OF BOYNTON BEACH, FLORIDA
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(Corporate Seal)
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Mayor — Steven B. Grant
Vice Mayor — Christina L. Romelus
Commissioner — Mack McCray
Commissioner — Justin Katz
Commissioner — Joe Casello
YES NO
VOTE 0
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AGREEMENT
Between
CITY OF BOYNTON BEACH, FLORIDA
And
TOWN OF HYPOLUXO, FLORIDA
Regarding
WATER AND WASTEWATER UTILITY SERVICES
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This Interlocal Agreement, ("Agreement") is made and entered into by and between:
The CITY BOYNTON BEACH, FLORIDA, a Florida municipal corporation organized
and existing under the laws of the State of Florida, hereinafter referred to as "BOYNTON
BEACH",
The TOWN OF HYPOLUXO, FLORIDA, a Florida municipal corporation organized
and existing under the laws of the state of Florida, hereinafter referred to as "HYPOLUXO."
WHEREAS, this Agreement is entered into pursuant to §163.01, Florida Statutes, also
known as the "Florida Interlocal Cooperation Act of 1969" which permits local governmental
units to make the most efficient use of their powers by enabling them to cooperate with other
localities on a basis of mutual advantage and thereby to provide services and facilities in a
manner and pursuant to forms of governmental organization that will accord best with
geographic, economic, population, and other factors influencing the needs and development of
local communities; and
WHEREAS, BOYNTON BEACH maintains a Utility Department that provides water,
wastewater, and reclaimed water services; and
WHEREAS, HYPOLUXO is desirous of procuring water and wastewater utility services
for HYPOLUXO from the BOYNTON BEACH; and
WHEREAS, the corporate boundaries of HYPOLUXO are encompassed within
BOYNTON BEACH's water and wastewater service area; and
WHEREAS, BOYNTON BEACH has the legal authority, operational ability,
administrative expertise, and infrastructure capacity to provide water and wastewater utility
services pursuant to the terms and conditions hereafter set forth in this Agreement.
NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions,
promises, covenants and payments hereinafter set forth, and other good and valuable
consideration, BOYNTON BEACH and HYPOLUXO agree as follows:
ARTICLE 1.0 - SCOPE OF SERVICES
1.1. BOYNTON BEACH shall:
1.1.1. Provide potable water and wastewater services to all property owners who reside
in the corporate limits of HYPOLUXO and who establish customer accounts with
BOYNTON BEACH.
1.1.2. Handle all utility account billing and collection service.
1.1.3. Process and issue permits related to new or expanded service requests.
1.1.4. Conduct periodic utility system integrity checks.
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1.1.5. Make improvement to the existing water and wastewater utility system
infrastructure in HYPOLUXO as set forth in Exhibit "A",
1.1.6. Be responsible for obtaining and complying with all necessary licensures,
approvals and authorizations required to provide the Services.
1.1.7. Provide water and wastewater services to HYPOLUXO property owners under
the same standards and rate structure as applies to BOYNTON BEACH property
owners, without surcharge.
1.2. HYPOLUXO shall:
1.2.1. Convey to BOYNTON BEACH construction and maintenance easements as
identified in Exhibit "B" and other easements as are required for system
expansions.
1.2.2. Negotiate a purchase price with Town of Manalapan for water distribution system
within Hypoluxo town limits, as shown in Exhibit "C". Boynton Beach will
reimburse Hypoluxo up to $200,000 for this purchase. Any excess amount can be
funded by Boynton Beach through an assessment on the utility bill for water
customers.
1.2.3. Convey to BOYNTON BEACH HYPOLUXO'S existing water and wastewater
transition system equipment as identified in Exhibit "C".
1.2.4. If required by Department of Health, adopt and enforce local laws and regulations
to mandate discontinuance of septic tanks and require connection to available
wastewater infrastructure.
1.2.5. If required by Florida Department of Environmental Protection or South Florida
Water Management District, adopt and enforce local laws and regulations which
mandate discontinuance of the use of well water for use other than landscape
irrigation and requiring connection to available potable water infrastructure.
1.2.6. If required by Florida Department of Environmental Protection or South Florida
Water Management District, adopt and enforce local laws and regulations which
may mandate discontinuance the use of potable water for landscape irrigation.
1.2.7. Digitize and transfer to BOYNTON BEACH copies of water and wastewater
plans, surveys, inspection reports, studies, repair records, consultant reports,
Florida Department of Environmental Protection notices (and responses thereto),
Palm Beach County Health Department notices (and responses thereto) that are in
the possession of HYPOLUXO.
ARTICLE 2.0 - FUNCTIONS AND DUTIES NOT TRANSFERRED
2.1 It is specifically understood and agreed that all rights and powers as may be vested in
HYPOLUXO pursuant to the Florida Constitution and Chapter 166, Florida Statutes, or any
other law or ordinance or Charter provision of HYPOLUXO not specifically addressed by this
Agreement, shall be retained by HYPOLUXO.
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2.2 Anything to the contrary in this Agreement notwithstanding, BOYNTON BEACH shall not
be obligated to extend water or sewer service individually (as opposed to both water and sewer
service) to any property within the municipal limits of HYPOLUXO. Any property in
HYPOLUXO receiving sewer service from BOYNTON BEACH and water service from the
Town of Manalapan which is delinquent in the payment to BOYNTON BEACH for such sewer
service, shall not be afforded water service until the debt is resolved.
ARTICLE 3.0 — RATES AND SERVICE CHARGES
3.1 BOYNTON BEACH shall provide the Services as required pursuant to this Agreement at
the following rates:
All rates and charges for services performed by BOYNTON BEACH for utility customers in the
jurisdictional limits of HYPOLUXO will be at the same rates and charges applicable to utility
customers in the jurisdictional limits of BOYNTON BEACH.
3.2 Connection Charges and Capital Facility Charges. In connection with all water and sewer
services, rendered by BOYNTON BEACH to properties within the municipal limits of
HYPOLUXO pursuant to this Agreement, BOYNTON BEACH shall be entitled to make such
water and sewage connections and shall charge rates applicable to utility customers in the
jurisdictional limits of BOYNTON BEACH. In addition, Boynton shall be entitled to collect
from any property owner or developer or group of owners of properties lying within the
municipal limits of Hypoluxo who desire the extension of water and or sewer pursuant to this
Agreement, the capital facilities charges applicable to owners in the jurisdictional limits of
BOYNTON BEACH. The payment of such capital facilities charges shall be at such time and in
such amounts in the same manner as though the property to which sewer or water service is to be
rendered were physically located within the municipal limits of BOYNTON BEACH, typically
at the time of Palm Beach County Health Department permit submittal.
3.3 Collection for charges: BOYNTON BEACH shall be solely responsible for billing and
collection of the fees, rates and charges due under this Agreement in compliance with the current
adopted Customer Service Policy.
ARTICLE 4.0 — PUBLIC SERVICE TAX
If the Town of HYPOLUXO requests BOYNTON as the seller of water within the corporate
limits of the Town, to act as a tax collection agency for the Public Service Tax on water,
BOYNTON shall collect such from the purchase on a monthly basis at a rate set by the Town of
HYPOLUXO within the State of Florida Public Service Tax limits. BOYNTON shall be notified
in writing of the request, to include the reference Ordinance adopted by the Town of
HYPOLUXO noting the approved rate. The City shall retain one percent (1%) of the tax
revenue collections as an administrative fee, as compensation for the collection of this tax.
BOYNTON shall submit the tax revenue collected (minus the administrative fee) to the Town
Clerk on or before the last day of the month following the month of collection.
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ARTICLE 5.0- TERM OF AGREEMENT
5.1 This Agreement shall be deemed to have commenced on October 1, 2018, and shall
continue in full force and effect until midnight, September 30, 2048, 30 years after
commencement. This Agreement will be automatically extended for additional 30 year terms
unless written notice as specified in Section 5.2 is provided subject to the execution of a written
amendment to this Agreement. The MANALAPAN water customers within the municipal limits
will be included in the Agreement on September 1, 2020 pursuant to Section 10.10.
5.2 This Agreement shall remain in full force and effect until the termination date or any
extended termination date, as set forth above, unless written notice of termination by
BOYNTON BEACH or HYPOLUXO is provided pursuant to Section 8, NOTICES. Notice for
request of termination of the agreement shall be sent no later than eighteen (18) months prior to
termination.
5.3 If the Agreement is terminated by either party pursuant to Section 5.2, HYPOLUXO shall
purchase the water and sewer infrastructure owned by BOYNTON BEACH at fair market value
as determined by three appraisers, one selected by HYPOLUXO, one selected by BOYNTON
BEACH and the third selected by a consensus of the two selected appraisers. If a purchase price
cannot be agreed to by both parties after six months of the termination notification, the
agreement will be considered automatically extended.
ARTICLE 6.0 - GOVERNMENTAL IMMUNITY
6.1 Both parties are state agencies as defined in Chapter 768.28, Florida Statutes. Each
agrees to be fully responsible for the acts and omissions of its agents or employees to the extent
permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any
party to which sovereign immunity may be applicable. Nothing herein shall be construed as
consent by a state agency or political subdivision of the State of Florida to be sued by third
parties in any matter arising out of this Agreement or any other contract.
ARTICLE 7.0 - INSURANCE
7.1 BOYNTON BEACH and HYPOLUXO are self insured in accordance with provisions set
forth within Section 768.28, Florida Statutes.
ARTICLE 8.0 - TERMINATION
8.1 This Agreement may not be terminated by either party except at the end of each 30 year
term with 18 months notice as specified in Section 5.
ARTICLE 9.0 - NOTICES
9.1 Notices given or required under this Agreement shall be in writing and may be delivered
in person or by United States mail, postage prepaid, first class and certified, return receipt
requested, addressed as follows:
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TO BOYNTON BEACH:
Lori LaVerriere, City Manager
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425
With Copy to:
Boynton Beach Utilities
124 E. Woolbright Road
P.O. Box 310
Boynton Beach, FL 33425
James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, FL 333080
TO HYPOLUXO:
Mayor
Hypoluxo Town Hall
7580 S. Federal Highway
Hypoluxo, FL 33462
With Copy to:
Barbara Lee Searls, Town Clerk
Hypoluxo Town Hall
7580 S. Federal Highway
Hypoluxo, FL 33462
Leonard G. Rubin, Esquire
Town Attorney
701 Northpoint Parkway
Suite 209
West Palm Beach, FL 33407
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ARTICLE 10.0 - MISCELLANEOUS PROVISIONS
10.1 ASSIGNMENT: BOYNTON BEACH shall perform the Services provided for in this
Agreement exclusively and solely for the benefit of HYPOLUXO. Neither party shall have the
right to assign this Agreement.
10.2 WAIVER: The waiver by either party of any failure on the part of the other parry to
perform in accordance with any of the terms or conditions of this Agreement shall not be
construed as a waiver of any future or continuing similar or dissimilar failure.
10.3 SEVERABILITY: The invalidity of any provision of this Agreement shall in no way
affect the validity of any other provision.
10.4 ENTIRE AGREEMENT: It is understood and agreed that this Agreement incorporates
and includes all prior negotiations, agreements or understandings applicable to the matters
contained herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements, whether oral or written.
10.5 INDEPENDENT CONTRACTOR: BOYNTON BEACH is an independent contractor
under this Agreement. Services provided by BOYNTON BEACH pursuant to this Agreement
shall be subject to the supervision of BOYNTON BEACH. In providing such services, neither
BOYNTON BEACH nor its agents shall act as officers, employees, or agents of HYPOLUXO.
This Agreement shall not constitute or make the parties a partnership or joint venture.
10.6 MODIFICATION: It is further agreed that no modifications, amendments or alterations
in the terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
10.7 CHOICE OF LAW: Any controversies or legal problems arising out of this transaction
and any action involving the enforcement or interpretation of any rights hereunder shall be
submitted to the jurisdiction of the State courts of the Fifteenth Judicial Circuit in and for Palm
Beach County, Florida, the venue situs, and shall be governed by the laws of the State of Florida.
10.8 DRAFTING: This Agreement has been negotiated and drafted by all parties hereto and
shall not be more strictly construed against any party because of such parry's preparation of this
Agreement.
10.9 FILING. An executed original of this Agreement and any amendment(s) hereto shall be
filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida.
10.10 WATER CUSTOMER TRANSITION. The current water customers served by
MANALAPAN will require a transition to BOYNTON BEACH water metering when this
agreement commences pursuant to Section 5.1. HYPOLUXO will cooperate with BOYNTON
BEACH to negotiate an agreement with MANALAPAN to install BOYNTON BEACH meters
starting three months prior to September 1, 2020. If MANALAPAN does not execute an
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agreement, HYPOLUXO agrees that BOYNTON BEACH can use a flat monthly fee for water
services after September 1, 2020 until meters can be installed. The fee will correspond to
estimated water usage based on the previous year billing for each customer.
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100194693.4 306-90018211
CITY OF)O TI4fy A H
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By
j/ B. Grant, Mayor
Dated: /1 Z8,l 1
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APPROV: D AS 'O F•RM:
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City Attorn:
Attest:
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C"Add
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i TOWN OF HYPOLUXO
By:
May r
APPROVED AS TO FORM:
By
Town Attorney
Attest:
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By: �., �llA.d...
Town Clerk
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