HomeMy WebLinkAboutCity of Orlando- Amendment to Intergovernmental Agreement 1978 06 29
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11~~~D~ W CITY OF ORLANDO/CITY OF WINTER SPRINGS
~- ~ M1ENDHENT TO INTERGOVEP~H1ENTAL AGREE?lENT
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~__)his Al1END~lENT TO AGRE~1ENT is made and entered into
this ~day of ~I ". ft.. , 1978, by and between
the CITY OF ORLANDO, a municipal corporation existing under
the laws of the State of Florida, hereinafter referred to as
"Orlando", and CITY OF l'HNTER SPRINGS, a municipal corporation
existing under the laws of the S~ate of Florida, hereinafter
referred to as "Agency".
WHEREAS, Orlando and Aqency previously have entered into
an Intergovernmental Agreement dated ~........ !~ 2"2-
1976 (hereinafter referred to as "existing agreement") -l:elating
to the conduct of a facility. plQLning study under P.L. 92-500 and
planning for a Regional Wastewater Treatment Facility (hereinafter
referred to as "Facility"), which Fac'ility is to serve Orlando
and Agency as well as other gover.fu~ental agencies:
WHEREAS, the Fa~ility plan is subs~antially completed
and includes, but is not limited to, the determination that the
single pl~nt regional wastewater treatment concept within the
201 Planning Area is most cost effective; the determination
of the most cost effective first increment of the treatment/
disposal system and interceptor alignments (as indicated on
Exhibit :'C" attached hereto); the development of Interim Imple-
mentation Plan; and updating of the Environmental Assessment
Statement; and it is necessary to complete certain other elements
of the Facility plan not completed under the existing agreement; and
~mEREAS, Agency is currently served by two privately
(non-municipally) owned utility companies which Agency is
contemplating acquiring. The following provisions of this
Agreement, except ratification or Facility plan: are cn~ting~n~
upon Winter Springs acquiring said utilities prior to the time
Winter Springs is planned tocoa,ect to the regional system.
If the utilities remain privately owned, Agency will communicate
its reco@ffiendations and furnish all available information to the
privately owned utility' companies fo~their subsequent use and
consideration; and
~mEP~AS, the treated effluent from the Winter Springs
East and Winter Springs West pla,ts are totally disposed of
on-site and the plants ~re currently "no discharge" pla~ts; and
WHEREAS, the Facility plan as currently, substantially
completed calls ~~r co~n~ction of the. Winter Springs West Plant
to the re~ional sys~em ~~.,'about 1985 and the liinter Sp~ings .East
Plant in about 1995i.said approximat~ dates being the 'pro'jected
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times that projected growth will require expansion of the
existing plants' capacity; and
WHEREAS, it is deemed in the best interests of both
Orlando and Agency to amend such Agreement to include certain
matters which were not included in such previous Agreement; and
WHEREAS, Orlando has substantially completed plans and
specifications for the Iron Bridge Road Regional Wastewater
Treatment Plant (hereinafter referred to as "Plant") and the
Crane Strand/Iron Bridge Road Interceptor and has applied
for a Step III grant for construction funds therefor.
NOW, THEREFORE, Orlando and Agency mutually agree as
follows:
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I. The existing Agreement is hereby amended by the
addition of the following terms:
1. Orlando and Agency each agree with and ratify the
Facility plan in its present f~rm, including the determination
that under existing constraints' imposed by the U. S. Environmental
Protection Agency (EPA) and by the'Florida Department of Environ-
mental Regulation (FDER), the single plant regional wastewater
treatment concept within the 201 Planning Area is most cost
effective; the determination of most cost effective first increment
of the treatment/disposal system and interceptor alignments (as
indicated on Exhibit "c" attached hereto); development of Interim
Implementation Plan; updating of the Environmental Assessment
statement; and such other matters as are contained therein.
2. Orlando shall at all times manage and operate the
Plant (so long as the Plant is owned by Orlando) and the
Crane Strand/Iron Bridge Road Interceptor, and within the
applicable constraints of all regulatory agencies, and within
financial feasibility, expand the Plant as necessary to meet
the future needs of all entities using the Facility, including
the needs of the Agency. Should winter Springs conclude that
Orlando's determination that Plant expansion is not financially
feasible, Winter Springs shall have the right to apply to a court
of competent jurisdiction for resolution of the dispute, and upon
showing t~at Orlando's determination was unreasonable, shall be
entitled to injunctive relief.
If, for any reason, Orlando does not provide the local
share of computed costs for future expansion and such reason
is determined to be reasonable, Agency may elect to provide sUQh
funds and Orlando will be required to implement such additional
capacity; this shall be Agency's sole recourse if Orlando
does not provida the local share. If this approach is used,
the Agency shall receive an undivided proprietary interest
in .a.:.~rorat~'portion .~f..th~. ~lant ~acl~!~i~~. bas~d on 1\gency " .':<:'~,:~'~.
co.~~r,ib~ti~ri. .~s a percentage "of' total' (;a:pi't'ai 'cbsts'. .. ",.':-.. .;>:'\~€.Z':Y::;'J.~
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3. In the event that a reqional authority is estab-
lished by a legislative enactment. to own. m~'age, and operate
the Plant, and if Orlando and all other users of the Facility
are afforded equitable representation in such Authority,
Orlando agrees to sell the Plant Facility and related inter-'
ceptor system (if desired as part of the Authority's facilities),
to such Regional Authority at a orice equal to Orlando's expended
costs (net of state or federal grants or contributions from
other agencies), including interest ;nt"'ll:t"red in nrlando's role
as planner and builder of the Plan,t. T~e purchase price shall
include principal reduction of bonded indebtedness paid prior
to the time of the sale only to the extent that Orlando or any
other agency or user shall have previously used the ,Plant Facility
and shall have assumed and paid debt service allocable to capacity
in excess 'of that actually required for the flOWS delivered to
the Plant by Orlando or any other aqency or user. Any authorized
prlncipal reduction reimbursement shall be in proportion to the'
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amount of the payments for such excess capacity. Purchase price
shall not be such as to allow Orlando to recover more or less
than its aforesaid costs. The terms and conditions of such sale
shall require the Authority to relieve and dischar e Orlando of
any an all continuing financial and contractual obliga~ions related
to or resulting from Orlando's planning, ownership, construction,
operation and/or control of such plant and s stem including any
bon e ness incurred in connection therew~th
4. Orlando agrees to continue to serve as lead appli-
cant for the step I grant, to accomplish.,the remaining.=l,ements
',of the Facility plan for ,the Facility as it pertains to.. Orlando
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and the Agency, as well' as other governmental entities.';",
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5. Orlando agrees to connect 'to the Facility;iri
accordance with 'the Implementation Schedule whiph is att~ched
heretC::;-"as Exhibi't "A" /.'as" developed i'n the Faci,litv pla~" as
presently existing, provided, ho~ever, that if one of the parties
hereto attempts in good faith to proceed in accordance with the
Implementation schedule,; but ~s unable, to do so becaus~ of
unavailability of federal funds', due to restraints imposed by
the EnvironmentaiProtection Agency or the Florida Department
of EnvironmentaIRegulatio~.,or .becaus'e of an inability't6 acquire,'
the privately own.ed utility'companies! then such party shall not :':,:,""
be hel~ liable ~~' any ,manner' to theo~her party for delays' 'caused J~::
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by such lack of funds or such restraints. ' ,::",;,':;:.r:\".,',;' .' ~:""):-',';;
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connect, to the Regional,',System
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understood that the Faci~ity plan from the current date to the.
time of proposed connection of winter Springs may be subject
to changes in technology; changes in growth and sewage flow
projections; environmental needs and controls; changes in
rules of the regulatory agencies; and updated cost effective
studies.
7. Orlando and Agency each agree to apply for Step II
grants and to take such other steps as are generally outlined in
Exhibit "B" attached hereto for the implementation of the
Regional Treatment System as. required under the Implementation
Schedule.
8. Orlando and Agency each'agree to coordinate step
II (Design) work through the Technical Advisory Committee (TAC),
as establis?ed, to ~nsure such standardization of design parameters
as is necessary for compati~ility within the Interceptor Systems,
as listed.in Exhibit "A" attached hereto, among governmental
entities which may utilize the system.
9. Orlando and Agency each agree to continue to work
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in good faith in accordance with the approach defined in the
Facility plan, as currently existing, to complete interim steps
of the Implementation Plan in accordance with the schedule therefor
developed by the TAC, attached as Exhibit "A" hereto, and to
complete the Implementation Plan prior to March 15, 1979; provided"
however, that if one of the parties hereto attempts in good faith
to proce~d in accordance with the schedule for the Implementation
Plan, but is unable to do so because of unavailability of federal
funds or due to restraints imposed by ~he Environmental Protection
Agency or the Florida Department of Environmental Regulation, then
. such party shall not be held liable in any manner to the other
party for delays caused by such lack of funds or such restraints.
10. Orlando agrees that since an Infiltration and Inflow
Analysis has indicated that a Sewer System Eva~uation ~urvey
is necessary for Orlando's collection system, Orlando will accomplish
such Sewer System Evaluation Survey and such rehabilitation of the
collection system as is shown necessary by the Survey prior to
discharge by Orlando of wastewater flows to the Plant. Agency
agrees that it- its Infiltration and Inflow Analysis shows a need ,.
for a Sewer System Evaluation Survey of the collection system
serving Winter Springs, then Agency will complete such a Survey
and rehabilitation shown necessary by the Survey (if they have
acquired the systems) prior to discharge of wastel"atex:.flows
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to the Fac~l~ty. . _:... :'.'" . . . .~;~;:\::... 'd
: :':';~ 11.., Orlando .an~ .!\gency each agree .1:0 negoti~~e. .~n good
faith and to implement by.. respective ordinances. a User. Charge
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and' Industri~i Cost Reco~~~y charqep~rsuant to 40 CFR, Sec.. .,
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as published in the Federal Register, Volume 39, No. 29,
February 11, 1974, or applicable state laws and to negotiate
in good faith to develop and implement other applicable sewer
service fees such as wholesale agreements, prior to the
transmission of wastewater flows to the Facility. If the
Agency has not acquired the private utility companies involved
and/or it has acquired the right to connect such companies
and suth companies are still subject to the jurisdiction
of the Public Service Commission of Florida or its successors,
then such fees will be set by the Public Service Commission
or its successor. An agreement as to user rates shall be executed
and an ordinance as to user rates shall be adopted by both parties
pr~or to the Agencv's transmission of wastewater to the Plant
Facility.
12. Orlando warrants that it has the necessary legal
authority to own and operate its respective portion of the
Facility as designated to it in the Facility Plan and has the
necessary legal authority to ne~otiate and implement user
charges, an industrial cost recovery system, sewer use ordinances,
and a rehabilitation program, all in accordance with federal
and state regulations and guidelines. Agency warrants that it
has the necessary legal authority to own and operate its respective
portion of the Facility as designated to it in the Faci~ity
Plan and has the necessary legal authority to negotiate and
implement user charges, an industrial cost recovery system, sewer
use ordinances, and a rehabilitation program, all in accordance
with federal and state regulations and guidelines.
13. Should Orlando's application for a Step III grant,
as referred to in the preamble to this Amendment, not be
funded to the extent of at least $36 million by December 31,
1978, then either party hereto shall have the right, upon thirty
(30) days' notice to the other party, to terminate the existing
Agreement and this Amendment and to render the same automatically
void and of no further force and effect.
14. Nothing herein shall restrict Agency from selecting
and pursuing an alternative course of action if: (a) FDER
revises its water quality standards in such a manner as to
afford Agency a more cost effective solution to wastewater
disposal than utilization of the Plant Facility, and (b) if
both Orlando and Agency expressly agree in writing that such
action by Agency would not have a measurable impact upon the
cost to Orlando, or to the other entities than using the same,
of owning and/or operating the Plant Facility.
15. No third party,except the private utility companies
now ser'ving th~ Winter Springs area ,~hall have or claim any
'. . right or benefit under..this Amendment,. the same having been . . ....
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entered into for the benefit of the parties hereto only.
II. Except as hereby amended, the existing Agree-
ment shall remain unchanged.
CITY OF ORLANDO
CITY OF WINTER SPRINGS
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ATTEST:
ATTEST:
- M.a.~/ T /i.M.-C;.:,
Mary T.'Norton, City Clerk
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