R05-054
1 RESOLUTION NO. R05-0S&..{
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING THE
5 CITY MANAGER TO EXECUTE AN AGREEMENT
6 BETWEEN THE CITY OF BOYNTON BEACH AND
7 PALM BEACH COUNTY FOR SATISFACTION OF THE
8 CITY'S CONNECTION FEES AND CAPITAL
9 FACILITIES CHARGES BY PALM BEACH COUNTY
10 ON BEHALF OF THE RESIDENTS OF AVONDALE
11 PINES SO ELECTING; AND PROVIDING AN
12 EFFECTIVE DATE.
13
14 WHEREAS, Palm Beach County is willing to pay the City of Boynton beach the
15 equired Capital Facilities Charges and Connection Fees for each of the Avondale Pines
16 omeowners choosing to avail themselves of this option on the condition that the County will
19 ay delay the voluntary connection of homes currently on private well systems to the City's
17 dd said costs to the assessment against each property so choosing; and
18 WHEREAS, this agreement will provide an incentive, and alleviate any hardship that
20 otable water system now being installed in the Avondale Pines Subdivision; and
21 WHEREAS, the City Commission of the City of Boynton Beach, upon
22 ecommendation of staff, deems it to be in the best interests of the residents and citizens of
23 he City of Boynton Beach to approve the Agreement between the City of Boynton Beach and
24 aIm Beach County for the Satisfaction of the City's Connection Fees and Capital Facilities
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 harges by Palm Beach County on behalf of those Residents of Avondale Pines so Electing.
27 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28
Section 1.
Each Whereas clause set forth above IS true and correct and
29 ncorporated herein by this reference.
30
Section 2.
The City Commission of the City of Boynton Beach, Florida, upon
:\CA\RESO\Agreements\lnterlocals\lnterlocal Agreement PSC - Avondale Pines Connection Fees.doc
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RESOLUTION NO. R05-0S&.I
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE
CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND
PALM BEACH COUNTY FOR SATISFACTION OF THE
CITY'S CONNECTION FEES AND CAPITAL
FACILITIES CHARGES BY PALM BEACH COUNTY
ON BEHALF OF THE RESIDENTS OF AVONDALE
PINES SO ELECTING; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Palm Beach County is willing to pay the City of Boynton beach the
equired Capital Facilities Charges and Connection Fees for each of the Avondale Pines
omeowners choosing to avail themselves of this option on the condition that the County will
dd said costs to the assessment against each property so choosing; and
WHEREAS, this agreement will provide an incentive, and alleviate any hardship that
ay delay the voluntary connection of homes currently on private well systems to the City's
otable water system now being installed in the Avondale Pines Subdivision; and
WHEREAS, the City Commission of the City of Boynton Beach, upon
ecommendation of staff, deems it to be in the best interests of the residents and citizens of
he City of Boynton Beach to approve the Agreement between the City of Boynton Beach and
aim Beach County for the Satisfaction of the City's Connection Fees and Capital Facilities
harges by Palm Beach County on behalf of those Residents of Avondale Pines so Electing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
Each Whereas clause set forth above IS true and correct and
ncorporated herein by this reference.
Section 2.
The City Commission of the City of Boynton Beach, Florida, upon
:\CA\RESO\Agreements\lnterlocals\lnterlocal Agreement PSC - Avondale Pines Connection Fees.doc
, I
II
"
recommendation of staff, hereby authorizes and directs the appropriate City Officials to
2 xecute an Agreement between Palm Beach County and City of Boynton Beach for the
3 atisfaction of the City's connection fees and capital facilities charges by Palm Beach County
4 n behalf of those residents of .^",.....,,..J,,lp P;npc cn plpl"t;no ::l I"nnv nf ,,::IiQ Agreement is
5
ttached hereto as Exhibit "A".
E
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Section 3.
That this KtU~hl.__-'h
,..1 U\;l-u1l1e eI1Cl-l1 v '" 111ullediately upon
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assage.
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PASSEDANDADOPTEDthis~dayof A r;
,2005.
CITY OF BOYNTON BEACH, FLORIDA
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Commissioner
ocals\lnterlocal Agreement PBC - Avondale Pines Connection Fees.doc
Exh;b;t "A II
ROf) -05'1
AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND
PALM BEACH COUNTY, FLORIDA
PROVIDING FOR THE SATISFACTION OF THE CITY'S CONNECTION
FEES AND CAPITAL FACILITIES CHARGES BY PALM BEACH COUNTY
ON BEHALF OF THOSE RESIDENTS OF AVONDALE PINES SO ELECTING
THIS AGREEMENT, made and entered into this
day of
, 2005, by and between the COUNTY OF PALM
BEACH, a political subdivision of the State of Florida,
hereinafter called and referred to as the "COUNTY" and the
CITY OF BOYNTON BEACH, a municipality in the State of Florida,
hereinafter called and referred to as the "CITY".
WIT N E SSE T H
WHEREAS, the CITY and the COUNTY are authorized to enter
into this agreement pursuant to Section 163.01, Florida
Statutes, as amended, 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
advantagej and
WHEREAS, the COUNTY has caused to be constructed a water
distribution system in Avondale Pines which is in the Boynton
Beach Utilities service area, the location of which is more
particularly depicted in the attached Exhibit "A"j and
WHEREAS, upon completion of construction, the water
distribution system will become the property of, and will be
operated and maintained by the "CITY"j and
WHEREAS, pursuant to Section 26-34 of the City of Boynton
Beach Code of Ordinances, the "CITY" collects "Connection
Fees" and a "Capital Facilities Charge" to cover the cost of
existing or additional water treatment facilities from
residents as they connect to the water systemj and
WHEREAS, the "CITY" requires that each resident enter
into a Water Service Agreement with the "CITY"j and
WHEREAS, said "Connection Fees" and "Capital Facilities
Charges" could impose a hardship on some residents of Avondale
Pines and remove any incentive to voluntarily connect to the
water systemj and
WHEREAS,
the
"COUNTY"
is willing to satisfy the
"Connection Fees" and "Capital Facilities Charges" for those
residents of Avondale Pines who so desire, and allow them to
pay the "COUNTY" back over a twenty year period through the
assessment process.
NOW, THEREFORE, AND IN CONSIDERATION OF THE MUTUAL
COVENANTS CONTAINED HEREIN, THE PARTIES TO THIS AGREEMENT
AGREE AS FOLLOWS:
1. The recitals set forth above are hereby adopted and
incorporated in this Agreement.
2. The "COUNTY" agrees to:
A. Upon completion of the water distribution
system, notify the residents of Avondale
Pines that they have a limited time
period during which they can enter into a
water service agreement with the "CITY"
in order to take advantage of the
"COUNTY" pre-paying their Connection Fees
and Capital Facility Charges.
B. Provide the "CITY" within twenty (20)
days of the date of this Agreement with a
list of affected property owners of
Avondale Pines that constituted the
Assessment role approved by the "COUNTY"
on October 19, 2004 by R-2004-2234 and R-
2004-2235.
C. Upon receipt of a list from the "CITY"
showing the name, address, and individual
Connection Fees and Capital Facility
Charges for each property owner of
Avondale Pines who have taken advantage
of this arrangement along with an invoice
for the total charges, pay to the "CITY"
the full amount shown on the invoice
within 45 days. The total cost is not to
exceed $690,000 and is based on the
"CITY'S"
Water
and
Sewer
Capital
Facilities Charges
(Exhibit "B")
for
Water and Sewer outside the City Limits,
plus the $225 Connection Charges for a %"
meter for the 264 properties.
3. The "CITY" agrees to:
A. Allow those property owners of Avondale
Pines electing to have the "COUNTY" pay
their Connection Fees and Capital
Facilities Charges to execute a Water
Service Agreement and immediately connect
to the water system upon the approval of
the Water Service Agreement by the City
Commission of "CITY".
B. Prepare a list of those property owners
of Avondale pines taking advantage of
this Agreement and forward it along with
an invoice for the total fees and charges
to the "COUNTY".
4. 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.
5. Any and all notice required or permitted to be given here
under shall be deemed received five (5) days after same are
deposited in u.s. Mail sent via certified mail, return receipt
requested.
All notices to the "CITY" shall be sent to:
The City of Boynton Beach
124 Woolbright Road
Boynton Beach, Florida 33435
All notices to the "COUNTY" shall be sent to:
George T. Webb, P.E., County Engineer
Engineering and Public Works Department
Post Office Box 21229
West Palm Beach, Florida 33416
Attention: Engineering Services Division
6. ENTIRE AGREEMENT. This agreement constitutes the entire
contract between the parties hereto and supersedes all prior
understandings related to the subj ect of the payment of
Connection Fees and Capital Facilities charges, if any. There
are
no
other
oral
or
written promises,
conditions,
representatives, understandings or terms of any kind as
conditions of inducement to the execution hereof and none have
been relied upon by either party. Any subsequent conditions,
representatives, warranties or agreements shall not be valid
and binding upon the parties unless they are in writing and
signed by both parties and executed in the same manner as this
Agreement.
7. SEVERABILITY: In the event any term or provision of this
Agreement shall be held invalid, such invalid term or
provision hereof and all such other terms and provisions
hereof shall be enforceable to the fullest extent permitted by
law as if such invalid term or provision had never been a part
of this Agreement.
8.
EFFECTIVE DATE:
This Agreement shall become effective
upon its execution by the "COUNTY" and the "CITY".
9. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but
all of which together shall constitute one and the same
instrument.
10. This Agreement shall be recorded in the public records of
Palm Beach County pursuant to Section 163.01, Florida
Statutes.
IN WITNESS WHEREOF, the County of Palm Beach, Florida,
has caused this Agreement to be signed by the Chairman of the
Board of County Commissioners and the seal of said 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 name by its
Mayor and its seal to be affixed hereto, attested by its
Clerk, the date and year first above written.
R2005 0952 HAYn2fm
CITY OF BOYNTON BEACH
CITY MANAGER
By:
PRAINITO,
CLERK ~
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By. -.~. ~~~,.,..e ," (~
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APPROVED AS FOR FORM AND
LEGAL SUFFICIENCY:
.~ '1#'>
ATTORNEY
PALM BEACH COUNTY, FLORIDA,
CHAIRMAN, BOARD OF COUNTY
COMMISSIONERS
Tony
ATTEST:
~
SHARON R.
AND
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY,'1t~/fJ~ M)s-
COUNTY ~ TORNEY I
APPROVED AS TO TERMS & CONDITIONS:
By: ~ l~l
Engineer
I,
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PROJECT. LOCATION
AVONDALE PINES WATER MAIN EXTEiUc;iJ:ltl
PROJECT NO. 2000130
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LOCATION SKETCH
exhibit "A"
CITY OF BOYNTON BEACH UTILITY CHARGES
Water And Sewer Capital Facilities Charges
SINGLE OUTSIDE CITY
FAMILY
Water Sewer
1 Bedroom Unit $1,166.00 $207.00
2 Bedroom Unit $1632.40 $289.80
3 Bedroom Unit $2,098.80 $372.60
4 Bedroom Unit $2,332.00 $414.00
5 Bedroom Unit $2,565.20 $455.40
Permanent Water Meter Connection & Deposit Charges
Meter Size Connection Fee Deposit
Outside City
%" $275 $100
I" $315 $125
1 !/z" $565 $250
Exhibit "B"
CITY CLERK'S OFFICE
MEMORANDUM
TO:
Pete Mazzella
Deputy Director of Utilities
FROM:
Janet M. Prainito
City Clerk
DATE:
April 7, 2005
RE:
Resolution No. 05-054 - Agreement with Palm Beach County for
the Satisfaction of the City's Connection Fees and Capital
Facilities Charges for Avondale Pines
Attached are three partially executed agreements as mentioned above. Once these
documents have been fully executed, please return one original to my office for our
Central File.
Please contact me if there are any questions. Thank you.
(;r-'Jn p~
Attachments
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\Pete Mazzella - Cap Fees for Avondale Pines - 04-05-05 meeting.doc
Department of Engineering
and Public Works
Po. Box 21229
West Palm Beach, FL 33416-1229
(561) 684-4000
www.pbcgov.com
.
Palm Beach County
Board of County
Commissioners
Tony Masilotti. Chairman
Addie L. Greene, Vice Chairperson
Karen T. Marcus
Jeff Koons
Warren H. Newell
Mary McCarty
Burt Aaronson
County Administrator
Robert Weisman
"An Equal Opportunity
Affirmative Action Employer"
@ printed on recycled papsr
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June 2, 2005
OOfi@~U\\J~@
JUN - 6 2005
BOYNTON BEACH UTILITIES
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City of Boynton Beach
124 Woolbright Road
Boynton Beach, FL 33435
Attention: Mr. Peter Mazzella, Utilities Dept.
REF: INTERLOCAL AGREEMENT BETWEEN CITY OF BOYNTON
BEACH AND PALM BEACH COUNTY FOR AVONDALE PINES
Dear Mr. Mazzella:
Please find enclosed a fully executed agreement providing for the satisfaction
of the City's Connection Fees and Capital Facilities Charges by Palm Beach
County on behalf of those residents of Avondale Pines electing to do so.
If you have any questions please feel free to contact me at 561-684-4049.
Sincerely,
~~~~~
Michael Marquis, P .E.
Street Improvement Coordinator
Engineering Services Division
MM:smd
Enclosure: I Agreement
xc: Project File w/agreement
Reading File
F :\ENG _ SER\2000 I30-A vondale Pines\INTERLOCAL _ L TR.doc