R20-118 r
1 RESOLUTION NO.R20-118
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO
5 SIGN AN AGREEMENT BETWEEN THE CITY OF BOYNTON
6 BEACH AND HYPOLUXO HARBOR CLUB HOMEOWNERS
7 ASSOCIATION (HYPOLUXO HARBOR) PROVIDING FOR THE
8 COLLECTION AND TREATMENT OF BILK SEWER FROM
9 THEIR INTERNAL WASTEWATER SYSTEMS;AND PROVIDING
10 AN EFFECTIVE DATE.
11
12 WHEREAS,the City and Hypoluxo Harbor entered into an agreement for wastewater
13 disposal services in February, 1995 which original terms were based upon the rates for bulk
14 customers outside of the City; and
15 WHEREAS, following the transfer of potable water service from the Town
16 Manalapan to Boynton Beach Utilities the rates for service were reduced to those prevailing
17 inside the city;and
18 WHEREAS, this revised agreement changes the rate charged to reflect the new
19 circumstances which will standardize the utility rates prevailing within the Town of
20 Hypoluxo; and
21 WHEREAS,the City Commission has determined that it is in the best interests of the
22 residents of the City to approve an Agreement between the City of Boynton Beach and the
23 Hypoluxo Harbor Club Homeowners Association providing for the collection and treatment
24 of bulk sewer from their internal wastewater systems.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption
29 hereof.
S:\CA\RESO\Agreements\Utility Agreement with Hypoluxo Harbor Club HOA-Reso.docx
30 Section 2. The City Commission does hereby approve and authorize the Mayor to
31 sign an Agreement between the City of Boynton Beach and the Hypoluxo Harbor Club
32 Homeowners Association providing for the collection and treatment of bulk sewer from their
33 internal wastewater systems,a copy of the Agreement is attached hereto as Exhibit"A".
34 Section 3. This Resolution shall become effective immediately upon passage.
35
36 PASSED AND ADOPTED this LA day of November,2020
37 CITY OF BOYNTON BEACH,FLORIDA
38 YES NO
39 ✓
40 Mayor—Steven B. Grant
41
42 Vice-Mayor—Ty Penserga ✓
43
44 Commissioner—Justin Katz t/-
45
46 Commissioner—Woodrow L. Hay t/
47
48 Commissioner—Christina L. Romelus ✓
49
50 VOTE 5-0
51
52 ATTEST:
53
45 41 �<��
5
56 C tal Gibson, MMC
57 City Clerk
58
59
60 (Corporate Seal)
61
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S:\CA\RESO\Agreements\Utility Agreement with Hypoluxo Harbor Club HOA-Reso.docx
AMENDED AND RESTATED
SANITARY SEWAGE COLLECTION AND TRANSMISSION SYSTEM
AGREEMENT
THIS AGREEMENT is made and entered into this of 1:? li , 2020,
by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter
referred to as "CITY," and HYPOLUXO HARBOR CLUB HOMEOWNERS ASSOCIATION,
INC., a Florida not for Profit Corporation, hereinafter referred to as"HYPOLUXO HARBOR".
WITNESSETH:
WHEREAS, the CITY and HYPOLUXO HARBOR entered an agreement for wastewater
disposal services which was approved by the CITY'S Board of Commissioners on February 21,
1995; and
WHEREAS, HYPOLUXO HARBOR is a mobile home park located within the Town
limits of Hypoluxo; and
WHEREAS, HYPOLUXO HARBOR is currently obtaining wastewater disposal services
from the CITY through the CITY'S collection system for treatment at the South Central Regional
Wastewater Treatment and Disposal Board; and
WHEREAS, HYPOLUXO HARBOR shall continue to maintain its own on-site sanitary
sewage collection and transmission system;and
WHEREAS, The Town of Hypoluxo currently receives water and wastewater service at
the inside city rates; and
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
(00408395.1 306-9001821} I
adequacy of which is hereby acknowledged, the CITY and HYPOLUXO HARBOR agree as
follows:
1. The CITY and HYPOLUXO HARBOR hereby agree to terminate the previous
Agreement for wastewater disposal services approved on February 21, 1995.
2. The CITY agrees to receive, at the point of connection of HYPOLUXO HARBOR's
system, all flows from HYPOLUXO HARBOR's sanitary sewage collection and transmission
system.
3. The CITY will transmit for treatment the sanitary sewage received by the CITY from
HYPOLUXO HARBOR pursuant to Paragraph 1 hereof to the South Central Regional
Wastewater Treatment and Disposal Plant.
4. It is agreed that the sanitary sewer collection system, pumping stations, and force main
that collects sewage from HYPOLUXO HARBOR up to the point of connection into the CITY'S
sewage force main shall be the responsibility of HYPOLUXO HARBOR.
5. For disposal of its sewage through the CITY'S sewage system, and thereafter into the
South Central Regional Wastewater Treatment and Disposal Plant, HYPOLUXO HARBOR
agrees to pay to the CITY a fee/charge per 1,000 gallons of flow on a monthly basis equal to the
commodity rate in effect for residences inside of the CITY (i.e. the "inside city rate"), but with
no maximum. For the current year the sewer rate shall be $2.18 per 1000 gallons. This rate is
subject to change as enacted via ordinances and resolutions adopted by the City Commission of
Boynton Beach, but the rate charged to HYPOLUXO HARBOR shall always be identical to the
commodity portion of the "inside-city" rate.
6. HYPOLUXO HARBOR shall make monthly payments to the CITY, beginning at the
completion of the first full month of operations under the terms of this Agreement. Payments
{00408395.1 306-9001821) 2
shall be based upon the gallons of sewage measured at the water meter serving HYPOLUXO
HARBOR. The CITY, in its sole discretion, may replace the meter or install additional meters at
the site 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 of
a 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.
7. This Agreement constitutes the entire Agreement between the parties. This Agreement
may only be amended upon a written contract signed by both parties hereto.
8. 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 any
redevelopment of HYPOLUXO HARBOR property. Either party may terminate this Agreement
upon sixty(60)days prior written notice to the other party.
9. 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.
10. This Agreement shall be binding upon and inure to the benefit of the CITY,
HYPOLUXO HARBOR and its members and their respective successors and assigns.
11. The City is public agency subject to Chapter 119, Florida Statutes. HYPOLUXO
HARBOR shall comply with Florida's Public Records Law. Specifically, HYPOLUXO shall:
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A. Keep and maintain public records required by the CITY to perform under this
Agreement;
B. Upon request from the CITY's custodian of public records,provide the CITY with a copy
of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat.
or as otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and, following completion of the contract, HYPOLUXO
HARBOR shall destroy all copies of such confidential and exempt records remaining in
its possession once HYPOLUXO HARBOR transfers the records in its possession to the
CITY; and
D. Upon completion of this Agreement, HYPOLUXO HARBOR shall transfer to the CITY,
at no cost to the CITY, all public records in HYPOLUXO HARBOR's possession All
records stored electronically by HYPOLUXO HARBOR must be provided to the CITY,
upon request from the CITY's custodian of public records, in a format that is compatible
with the information technology systems of the CITY.
E. IF HYPOLUXO HARBOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO HYPOLUXO
HARBOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
100 E. OCEAN AVE.BOYNTON BEACH,
FLORIDA,33435
561-742-6061
GIBSONC@BBFL.US
(This Space is Intentionally Blank; Signature Page to Follow)
{00408395.1 306-9001821} 4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
CITY 0 :y100 o ►' • : B
Attest: 0 LL/t<.'AdliTei 44 40:_/ By: 4/4ocd
rystal Gibso , City Cle k Steven :. Grant,Mayor
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Approved as to Form:
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James A. Cherof, ity Attorney °.n
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HYPOLUXO HARBOR CLUB HOMEOWNERS
ASSOCIATION,INC.
Attest. 4,41 Ai ,o , di ith By. ---"�� =
President
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