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HomeMy WebLinkAboutResolution_04-72/73_05/08/1973 RESOLUTION NO. 4 -72/73 A RESOLUTION OF THE VILLAGE OF TEQUESTA, FLORIDA, PROVIDTNG FOR THE TRANSFER OF THE TEQUESTA SEWAGE SYSTEM TO THELOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DIS- TRICT UNDER CERTAIN CONDITIONS. WHEREAS, the Village of Tequesta, Florida, a Florida municipal corporation, hereinafter referred to as the "Village ", now owns and operates the Village of Tequesta's sewage system; and WHEREAS, the State of Florida has established the Loxahatchee River Environmental Control District, hereinafter referred to as the "District ", for the purpose of administering and operating sewage facilities within an area which in- cludes the Village of Tequesta, Florida and WHEREAS, the Village Council of the Village deems it in the best interest • of the Village to transfer the Village's sewage system to said District under certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, that the Mayor and Village Clerk be authorized to enter into an agreement to sell the Village's sewage system to the District. The agreement shall substantially contain the following conditions. 1. The transfer shall be made by warranty deed and bill of sale. The warranty deed shall contain a clause stating that should the sewage disposal plant no longer be required by the D =_strict, the land shall revert to the Village except sofar as it remains necessary to the District for a lift station, lines, etc. 2. The agreement shall provide for a sales price based upon cost paid, interest on the bonds to June 1, 1973 and $10, 000. 00 to cover the Village's expenses. The District will assume all obligations of the sewage system including all agreements for which tap fees have been prepaid. 3. The agreement shall provide that the District will continue to provider service for all areas now served by the Village upon the same terms and conditions as the Village is now serving them. • 4. The agreement shall provide for a thirty (30) year renewable sewage franchise between the Village and the District. Such agreement being conditional upon final agreement upon the terms of such franchise. The agree- ment shall provide that the District will establish the same rates for the sewage system now being charged. This condition shall expire when the Village's sewage system is ultimately merged with the District's overall sewage system. 5. The agreement shall provide that the existing effluent outfall line will revert to the Village when the District connects the overall disposal system to the Village's sewage system. 6. William T. Berry, the present fulltime onsight operator of the plant shall be retained at his current salary for a period of one (1) year. However, his employment during that period can be terminated by the District upon ninety (90) days notice. 7. The Village will turn over to the District all tap fees which have not been expended and all other funds in the Village's operating account upon the date of the transfer. 8. The agreement shall provide that there shall be no charges by the District for connections to the sewage system where the Village has already commited to allow connection to the system. ADOPTED at a regular meeting of the Village Council of the Village of Tequesta, Florida, this 8th day of May, 1973. Mayor • ATTEST: Clerk • -2-