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HomeMy WebLinkAboutCity of Orlando- Amendment to Intergovernmental Agreement 1978 06 29 ~ ,,;. '.::'i. ...~Lr C' r. '< . D.9 / ~ r;;. .!:Y'f~ r.< .y 0 11~~~D~ W CITY OF ORLANDO/CITY OF WINTER SPRINGS ~- ~ M1ENDHENT TO INTERGOVEP~H1ENTAL AGREE?lENT ( -. ~ ., ~__)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 .~.~~.;~' lf~. ~; ;~~~:>;~:E:~~111:::',~:~jjJ~~~{:_":it~';2~~f~i~ ,.': ~{: '~~~"'~:.~;r;:.f"c.c:~:'v.~~ _y ...;;"';.:i/~~'" _~.1(i .. -~~ ' , ....."t~}, '~~4. ~.-' -.; : , ~, ./..,:Itl.~"~l . -.i.'~ ..... ,.... '''''':''~''J:>''''i'''' '~.ll':.r.~,.- . ;~i' tt l'i~~ . "~~I'~;;'" .. . ". ..... ...; :-(':"'/"';r~;\'!,~:::"U~:'P>i ;:,;~ ~...,~~.; 3,',~:% ~'f4~;~~~i~' ~<:~ I. ,:.t.' ,~,;~ :l ::,:<f~~.;~.' ~ < :,,' " c:~,.. ~~~.~~: ' ....~.;.:.'\..~.,:. .\, (~ ( 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: ." .-....,--. ...... 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.~ ""-'l~~', \,.';" ." ,..."",~..~ . " '. '-. -- " ..' ",,',' , . .-)~. '. ,;,~~,,::;:.~!)"~~f.'~';~8"l!. "!'';;i~;t,:ji. . ~:''':loI''':''~''''-~'''-';F;: .-.:.......:., ~~..~,;1'.;..... . .... iJ"~ . ,. "i ", h. . ., "f.':; ''f:l;:''~' :;'(:";",,~ ::)j.~~' 1"l:.'l4 ~ l" , ...:....2'~ ,i\1 :~;~:"~~:~."~':~{.:-~ ..; :f," ;~.X'~~,~pJ::[":',..\:~'ti';:~'~ l.~~i~'?~ ;...~ ".., . - ....' . .".", . \" .....'.....,..,Ji../"...~:, :- j..ta ,'....~/..;11/e..~I>~-I....;,' !tJ . . -'J- ....,.....,.,.../>j..f.."'...:. "/..~if.;~~y, " . . ~ ' , . , (.,....t~"I:r~'i. l C' " , 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' . - 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 ~ ' ..." .- "~ _..... -:..' ," ..... ,....- . ~- .(.... ". and the Agency, as well' as other governmental entities.';", . ..- " . . . . -. -" 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~:: T'.. '_ . ,. . "0" .... . ........ "". ,..- ", ,', . ~/' v.. . by such lack of funds or such restraints. ' ,::",;,':;:.r:\".,',;' .' ~:""):-',';; - ... '~::.. ~.- ;~~:~~:~\.'/~'. 6 ~ connect, to the Regional,',System at .:::1 :. ~~" \ \' 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 , -- 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 .. .. . '.- 4 . .' . '. ~ '~~'" . 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 _ " ."... "'. .' . '." t:1o, and' Industri~i Cost Reco~~~y charqep~rsuant to 40 CFR, Sec.. ., ~ . "'_._ ..' . .. '. _ ___ ". . '.._. . . .".~' l'".". _." :_ ,1~~~~;~~:i;jt~~~~~~~;i~~~~:~,~i!1~!~,.; , ~ .. \.j ( " 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 $36 million by December 31, 1978, then either party hereto shall have the right, upon thirty (30) days' notice to the other party, to terminate the existing Agreement and this Amendment and to render the same automatically void and of no further force and effect. 14. Nothing herein shall restrict Agency from selecting and pursuing an alternative course of action if: (a) FDER revises its water quality standards in such a manner as to afford Agency a more cost effective solution to wastewater disposal than utilization of the Plant Facility, and (b) if both Orlando and Agency expressly agree in writing that such action by Agency would not have a measurable impact upon the cost to Orlando, or to the other entities than using the same, of owning and/or operating the Plant Facility. 15. No third party,except the private utility companies now ser'ving th~ Winter Springs area ,~hall have or claim any '. . right or benefit under..this Amendment,. the same having been . . .... . .:~';~~:~~-~" '. '._~~:.~;~~:~;~::~.'~?~':'~(ry::~:;'~:~:~:~.:",:. ::~.::.~':'.~;:'..'~". '.j.:~=";~!~~.,:':~~?~~f:.\:'~':f~~f~~~~' ".,.,~~~~ .... . . '~IJ~~':f.$..;,'..\r~. "".',w.~'~:"~'~~rJ--~~"'.':"..-, _.1 . ,'.>: :.,,'#;, ~ d.... - ., ".' '~ii" - :\" .;,"-' '. - <..,..""... .. ..,.. . .. ~~. .#.'~'-:/:~."'..,I..,!'f""."' ......~~i;!l, r~;:; ..~"'-.~~J' :4.~ .' '. ..."I-:;;~. .~.:. "ilf>:., ;~~....~~..-.... ::-~'f/t~.. '. "'.,-~>~ j . " '.'. ~f~""':':':"~~~ '''<i~~~:\.",ft-- 'I':, :,~,!'''l~=r...~....~_:~r;.~/t .:-~4": :-. . ~. "rit:.":~;"r. ' . . - 5 - ". . ,.. - .." ~,~,~~,. ~ ;.. .>.~;~ f':'I ~ :.~ ~~~~ 'I"::r~,; . -. .... . \.' \../ , 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 ~~ ATTEST: ATTEST: - M.a.~/ T /i.M.-C;.:, Mary T.'Norton, City Clerk , 197& ~ ~ . ,I <~ ".I:.'" '. .. ~ ~,.'~ ..':'. .' : . ~ - ..... '. . ....:....... .:'~~. ~ :. . . 1,' . .:...~-.::~1~~~~. :-' .,:: :'<.~:~. '. .-.-.....,. ,",'~ ....' .;~f$~?{?: .... '. . ~~ ,..(~~:..~.. '..~;,:' :~.;; .'''', . ..... "_4 :.:..,;.~...-.~ -i..'. .;. .:'::55;..~ ...~.' 4'''-.' ~ .;. ~ .,..... .'. -' .:.(~.;.r-' .-. ...~R..~;":'"-:.