HomeMy WebLinkAboutR-1990-080 RESOLUTION NO. 80-90
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE LARGE USER WASTEWATER AGREEMENT
BETWEEN THE CITY OF HOLLYWOOD AND THE CITY
OF DANIA; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 . That that certain Large User Wastewater
Agreement between the City of Hollywood and the City of Dania, a
copy of which is attached hereto as Exhibit "A" , be and the same
is hereby approved, and the appropriate city officials are hereby
directed to execute same.
Section 2. That this resolution shall be in force and take
effect immediately upon .its passage and adoption.
PASSED and ADOPTED this 28th day of August , 1990.
MAYOR - COMM�SSIO
ATTEST:
CITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
FRANK C. ADLER, City Attorney
Resolution No. 80-90
LARGE T ER WASTEWATER AGREEMENT
THIS AGREEMENT made and entered into in Broward County,
Florida, as of this _ day of
1990, by and
between the CITY OF HOLLYWOOD, a municipal corporation of the
State of Florida (hereinafter referred to as "HOLLYWOOD")., and
the DANIA, a municipal corporation of the State of Florida
(hereinafter referred to as "DANIA" )
W I T N E S S E T H:
WHEREAS, HOLLYWOOD and DANIA entered into that certain
Large User Wastewater Agreement dated the
day of
19 as amended, to provide for utilization of
a common area wide wastewater collection, treatment and disposal
facility (collectively the "Prior Agreement" ) ; and
WHEREAS, the parties deem it mutually beneficial to
continue to utilize the Hollywood Regional Wastewater Treatment
and Disposal Facilities and the HOLLYWOOD Transmission
Facilities, as such terms are defined herein; and
WHEREAS, the parties hereto have therefore determined
w replace the Prior Agreement with this Agreement in order to
provide for the technological advances, more stringent
environmental regulations and governmental requirements which
have occurred and which have caused the Prior Agreement to be
inadequate to address current issues.
NOW, THEREFORE, for and in consideration of the mutual
terms and conditions, promises, and covenants hereinafter set
forth, HOLLYWOOD and DANIA agree as follows:
EXHIBIT id All
ARTICLE I DEFINITIONS
Unless otherwise specifically set forth elsewhere
herein, the following words and phrases used in this Agreement
shall have the following meanings:
Any word or term related to "water" or "wastewater"
shall have the definitions listed in the "Glossary — Water and
Wastewater Control Engineering" 1981 , Third Edition, published by
the American Public Health Association, American Society of Civil
Engineers, American Water Works Association and Water Pollution
Control Federation.
1. "Annual Average Daily Flow" or "ADF" shall mean
the flow determined by the total flow in gallons for a one year t�
period divided by 365 days (or 366 days in the event of a leap 1
year) . The one year period shall be a Fiscal Year as defined 1111
herein.
2. "Consulting Engineer" shall mean that professional
engineer or engineering firm selected .and retained from time to
time by HOLLYWOOD to perform engineering services pursuant to
this Agreement.
3. "Dgbt Service Charoaa" rmre ..,.,..�
— - Di ' os i d r
Transmission) shall include DANIA's applicable share of
principal , interest, and coverage requirements on presently
outstanding or new issues of revenue bonds, refunding bonds, bank
financings or other obligations and including, but not limited
to, bond agent fees, credit enhancement fees or service charges,
heretofore or hereafter issued by HOLLYWOOD for the henefit of
the Large Users and the HOLLYWOOD System. Each Large User's
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applicable share of Debt Service Charges for upgrading and
expansion shall be based on the formulae set forth in Article IV
2(b) hereof.
4 . "Depreciation Charges" A proportionate share of
the three ( 3% ) percent per year depreciation on those portions of
the HOLLYWOOD System constructed from revenues of HOLLYWOOD other
than HOLLYWOOD sewer system bond proceeds and federal grants, as
more particularly set forth in Article IV 2( c) below.
5 . "Domestic Wastewater" shall mean such wastewater
as is derived from residential dwellings, business buildings,
institutions and the like.
6 . "Financial Consultant" shall mean a firm of
certified public accountants , engineers, economists, financial
advisors, or any other qualified entity, selected by HOLLYWOOD
from time to time to provide financial consultation services
pertaining to this Agreement.
7. "Fiscal Year" shall mean a twelve ( 12 ) month
period which commences on October 1st of each year and ends on
September 30th of the following year .
8 . "Hollywood Transmission Facilities" shall mean
those facilities within the municipal jurisdiction of HOLLYWOOD,
owned or operated, or both, by HOLLYWOOD, and shall include
present facilities as well as any future facilities that are used
now or will be used in the future for the purpose of transmitting
wastewater to the Hollywood Treatment Facilities .
9 . "Hollywood Regional Wastewater Treatment and
Disposal Facilities" or "Hollywood Treatment Facilities" shall
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mean those facilities owned or operated, or both, by HOLLYWOOD
for the purpose of wastewater treatment and disposal , including
any future additions, ' improvements or modifications to or
extensions of these facilities that may occur from time to time,
whether said facilities are within the municipal jurisdiction of
HOLLYWOOD or not.
10. "Hollywood System" shall mean collectively the
HOLLYWOOD Regional Wastewater Treatment and Disposal Facilities
and the HOLLYWOOD Transmission Facilities, which System is hereby
deemed to be a Publicly Owned Treatment Works (POTW) under 40 CFR
403. This term shall not include any physical facility that
relates solely to the retail collection system of HOLLYWOOD. A
map depicting the HOLLYWOOD System Service Area is attached t hereto as Exhibit "A" .
11 . "DANIA System" shall mean the entire wastewater
system including manholes, laterals, gravity sewers, lift
stations Pumping stations, force mains, and the appurtenances
thereto, and belonging to DANIA, whether within the corporate
limits of DANIA or not.
12 . "DANIA Service Area" shall mean fhe
boundaries in which: ( i ) DANIA is responsible for providing
wastewater collection and transmission services to the HOLLYWOOD
System, and ( ii ) HOLLYWOOD is responsible for providing treatment
services to DANIA, both as more particularly described in Exhibit
"B" attached hereto and made a part hereof. The parties agree
that DANIA Service Area, as defined herein, shall also include
any modifications to such Service Area as a result of
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annexations, deannexations , or by mutual written agreement of the
parties. Any change in DANIA's Service Area shall be deemed to
automatically amend Exhibit B hereto, as necessary to correct the
DANIA Service Area map.
13. "Industrial User" shall mean a user as defined in
40 CFR, as amended.
14 . "Industrial Wastes" shall mean liquid wastes from
any industrial process, cooling water discharge , or wastes
exclusive of those which are Domestic Wastewater as defined in
paragraph 5 of this Article.
15. "Infiltration and Inflow" shall mean water
entering the sewer system and service connections from the ground
( Infiltration) or water discharged into a sewer system or service
connections from a roof, yard or street drains, cooling water p
discharges, manhole covers removed for storm drainage ( Inflow) . li
Infiltration and Inflow are mutually exclusive terms .
16. "Large User" shall mean any county, municipality,
special district and any other entity which operates wastewater
collection or transmission facilities which connect into the
Hollywood System. The term "Large User" shall refer only to
those counties, municipalities, special districts and other
entities which have executed this form of agreement containing
substantially the same terms and conditions . HOLLYWOOD shall be
included within the defined term "Large User" when said term is
used in conjunction with the obligations of the Large User for
Debt Service Charges ; Renewal , Replacement and Improvement
Account Charges; Depreciation Charges; and Operation, Maintenance
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and Administrative Costs; the flow projections Article contained in
II hereof; the pretreatment requirements contained in
Article III hereof; any penalty or compensatory charges set forth
herein; and the non-monetary default provisions contained in
Article VII hereof. When Hollywood is included as a Large User
as set forth above, then Hollywood shall be bound by all terms,
conditions, liabilities and obligations of all Large Users as set
forth herein.
17 . "Large Users ' Ad sory r
mi to shall mean an
advisory committee comprised of the appropriate and technically
qualified representative of each of the Large Users, including
_ HOLLYWOOD, and which shall have the rights and responsibilities
set forth in Article VIII hereof.
18• "MCGD", as used herein is an abbreviation for the
term "million gallons per day. "
19• '_'Operation Maintenance and Administrative C„s*s"
shall mean any reasonable and necessary expenses of operation,
maintenance and administration of the HOLLYWOOD System, including
but not limited to all HOLLYWOOD Treatment Facilities expenses,
( including all costs attributable to the General Pretreatment
Regulations , 40 CFR 403) , allocable transmisc;nn
allocable utility administration expenses, allocable utility
accounting expenses, allocable general fund administration
expenses , all as set forth more completely in composite Exhibit
"D" attached hereto and made a part hereof.
20 . '_'Points of Connection shall mean those points
where DANIA' s system connects to the HOLLYWOOD System for the
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purpose of delivering DANIA' s wastewater into the HOLLYWOOD
System from DANIA' s System, which points of connection are more
particularly described ad set forth in Article II below.
21. "Renewal , Replacement and Improvement Account
Contribution" shall mean a monthly contribution, as more
particularly described in Article IV 2 (d) below, which
contribution shall be in addition to all other charges due to
HOLLYWOOD from DANIA, and shall be deposited into an account
( "Renewal , Replacement and Improvement Account" ) to be
established and utilized by HOLLYWOOD for renewal , replacement
and improvement of the HOLLYWOOD System, as more particularly
described in Article IV 2(d) below. The account established for
DANIA shall be , through standard accounting techniques,
segregated from any Renewal , Replacement and Improvement Account
established by HOLLYWOOD for any other Large User .
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ARTICLE II . CONNECTION TO THE HOLLYWOOD SYSTEM
1 • Points of onnec ion .
The parties hereto agree that the points of connection
Of DANIA' s System to the HOLLYWOOD System and meter locations
shall be as set forth in Exhibit "C" , attached hereto and made a
part hereof.
2 . Easement Points of Connection, HOLLYWOOD may
locate the points of connection as per Exhibit "C" and provide
for meter locations, and may locate meters on property currently
being used by DANIA for wastewater transmission facilities.
DANIA shall convey at no cost to HOLLYWOOD, an appropriate
easement to the property as needed by HOLLYWOOD for the point of
connection, meter locations , as necessary to provide ingress and
egress to said facilities.
3. Maintenance of DANIA' s Facili ies,
a. DANIA agrees to keep facilities located within its
Service Area or under control of DANIA through any agreement with
the State, a county, or municipal government or authority or
private party, in such condition so as to reasonably prevent any
Infiltration or Inflow which would result in extraordinary levels
. y^rou„uwateL or storm water into DANIA's System, and thereby
into the HOLLYWOOD System.
b. DANIA agrees to adopt, enact and enforce such
rules, regulations or ordinances as may be required from time to
time to ensure that DANIA, or users of DANIA' s system are not
discharging or causing to be discharged waters or waste which
would cause DANIA' s wastewater to be unacceptable under the
provisions of Article III of this Agreement.
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c. DANIA agrees to be responsible for prompt
implementation in its system of all actions required by any
federal , state or local regulations imposed on HOLLYWOOD or the
HOLLYWOOD System, or DANIA, either now or in the future with
regard to the collection, treatment, transportation and disposal
of wastewater, including, but not limited to, EPA general
pretreatment requirements as contained in 40 CFR 403, and as same
may be amended from time to time .
4 . Service Area. DANIA agrees that it shall not
accept wastewater from outside its Service Area for transmission
to the HOLLYWOOD System unless DANIA receives approval from
HOLLYWOOD and any regulatory agencies that have jurisdiction over
the matter for said connection prior to its being made, with such
approval being the subject of a written supplement or agreement rl
which shall be attached hereto and made a part hereof. The
parties hereto acknowledge that all contractual obligations
regarding connection to and transmission to the HOLLYWOOD System
existing as of the date of this Agreement, have been disclosed by
each party to the other . Any agreement( s) between Large Users to
exchange, trade, sell , assign or otherwise agree with respect to
the use of each others flows within their respective Service
Areas must be approved, in writing, by HOLLYWOOD. Unless
otherwise expressly agreed to in writing, HOLLYWOOD has no
obligation to accept or provide service for any wastewater which
originates outside of DANIA' s Service Area . Subject to Article
II , Section 6 .B. hereof, DANIA agrees that it shall cause all
wastewater flow generated within its present Service Area as
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defined in Exhibit "B" ; to be transmitted to the HOLLYWOOD
System.
5. Future Flow Projections . DANIA agrees that it
shall annually review its needs for wastewater transmission,
treatment and disposal service, and shall , with advice and
counsel of a professional engineer project its future ADF needs
to the best of its knowledge and ability, for both the next
ensuing Fiscal Year and the tenth year projection to HOLLYWOOD,
by written notice , on or before March 1st of each year . Said
projections shall be in such a format as may be requested by
HOLLYWOOD from time to time and shall provide the following
W
• information:
( 1 ) Average Daily Flow (MGD) for the next ensuing
Fiscal Year; and
( 2 ) Average Daily Flow (MGD) anticipated during
the three months of greatest flow.
6.A. HOLLYWOOD' s Obligation to Provide Wastewater
Treatment Services , HOLLYWOOD acknowledges and agrees that in
accordance with the terms and conditions of this Agreement and
the other Large User Agreements , it has an affirmative,
continuing obligation to provide wastewater treatment services to
DANIA and the other Large Users with respect to wastewater flows
within the Hollywood Service Area as shown on Exhibit A.
HOLLYWOOD' s obligation to provide wastewater services to DANIA
shall continue until such time as this Agreement is terminated in
accordance with Article VI hereof, or until such time, if any, as
HOLLYWOOD is ordered to stop treating DANIA' s flows by injunction
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or final order of a court of competent jurisdiction or by a
regulatory agency with the jurisdiction to issue such an order or
injunction.
6 .B . Projected Flow (ADF) . DANIA acknowledges that
HOLLYWOOD will rely on DANIA' s future flow projections for ADF
for the Fiscal Year 1999-2000, as set forth herein, in
calculating and planning for the initial HOLLYWOOD System
capacity expansion and the financing for same, and that any
material increase or decrease in the amount of actual ADF from
that disclosed or projected could seriously impact on HOLLYWOOD
and the other Large Users with regard to their obligations
concerning plant expansion and financing of same. Accordingly,
except for those "Excess Flows" as defined herein, which DANIA f
elects to flow to an alternate system, DANIA agrees that it shall
cause all wastewater collected within its Service Area as defined
in Exhibit "B" hereto to be transmitted to the HOLLYWOOD System
throughout the term of this Agreement. In addition, DANIA agrees
that it shall not cause any wastewater collected within its
Service Area, as defined in Exhibit "B" hereto, to be transmitted
to the HOLLYWOOD System in excess of its projected flows set
forth herein for the Fiscal Year 1999-2000 throughout the term of
this Agreement, unless DANIA acquires or leases additional flow
capacity from another Large User as set forth in Article II ,
Section 9 , herein or unless HOLLYWOOD makes a further plant
capacity expansion to accommodate DANIA' s additional flow needs .
Debt Service Charges relating to any additional plant capacity
expansions shall be borne by those Large Users who require said
expansions in proportion to their respective needs.
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DANIA hereby makes the following ADF Flow projections for the
Fiscal Years indicated.
FISCAL YEAR
10/1-9130 ADF (RESERVE CAPACITY MGp)
1988-1989 2 . 90
1999-2000* 4 . 70
* Fiscal Year 1999-2000 projections to be used by HOLLYWOOD for
purposes of planning HOLLYWOOD System capacity expansion to the
year 2000.
HOLLYWOOD shall have the right and power to enforce the
limitation of its obligations hereunder either by suit or other
proceedings at law or in equity and to take such action as
necessary to prohibit DANIA from transmitting wastewater into
HOLLYWOOD's Transmission and Treatment Facilities which exceeds
110% of the amount of DANIA' s Annual Average Daily Flow as
projected for a given Fiscal Year . Subject to obtaining
HOLLYWOOD's and any regulatory agency's prior written consents,
which consent from HOLLYWOOD shall not be unreasonably withheld,
DANIA may transmit only those flows from within its Service Area
Uie AUF projected for Fiscal Year 1999-2000 (the
"Excess Flows" ) as set forth above to available alternate systems
for wastewater treatment. HOLLYWOOD shall have no obligations or
liabilities with respect to any Excess Flows which DANIA elects
to transmit to any alternate system.
7. Meters , To the extent that HOLLYWOOD has not
already done so, HOLLYWOOD shall furnish and install wastewater
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metering, recording and transmitting devices to be located at the
sites as set forth in Exhibit "C" .
HOLLYWOOD shall retain
ownership of the metering, recording and transmitting devices,
together with any appurtenances thereto. DANIA shall reimburse
HOLLYWOOD for the design, construction, calibration, and
financing costs of such devices , to the extent that DANIA has not
already done so, within thirty ( 30 ) days of receiving the
invoice for said costs. The type of equipment selected shall be
at the discretion of HOLLYWOOD; however, HOLLYWOOD shall require
the manufacturer of the equipment to submit certified calibration
tests to DANIA and HOLLYWOOD.
8. Egter Maintenance , HOLLYWOOD shall have a semi-
annual inspection report prepared regarding the condition and
accuracy of the metering device by a representative of the meter
manufacturer. The expense for the annual inspection shall be an
operating charge of the HOLLYWOOD facilities . A copy of this
semi-annual report shall be furnished to DANIA.
g . Meter Accuracy. The parties hereto agree that
should the metering equipment installed by HOLLYWOOD be found to
ho i ne..
-- -•• curate t,eyona the manufacturer's range of accuracy, the
meter will be assumed to be inaccurate since the last meter check
or for a period of three ( 3 ) months, which ever time is less, and
the following month' s billing will be adjusted to show a credit
or additional charge to DANIA for metered flow for that period.
If DANIA, for whatever reason, requests a meter report in
addition to the semiannual reports, HOLLYWOOD will comply. If
the meter was malfunctioning or required calibration, the expense
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associated with DANIA' s request will be an operating expense to
the HOLLYWOOD System. If the meter report indicates the meter
was operating properly within the manufacturer' s guaranteed range
of accuracy, DANIA will be charged in the subsequent monthly bill
for the expenses associated with the inspection.
10 . Meter Failure . The parties agree that if at any
time during this Agreement a metering device shall in any way
fail to tabulate the flow into the HOLLYWOOD collection and
treatment facilities, each successive monthly charge shall be
based on the last available meter reading and adjusted to equal
the same percent of total plant flow each month until the meter
is once again fully operational .
11. Registration of Meter Registration of a meter,
when maintained as above, shall be binding on both parties for
all wastewater flow charges . Access to the meters shall be
available to DANIA upon request and in the presence of a
representative of HOLLYWOOD.
12 , Ater=r Reading. Meter reading for billing
purposes shall occur as nearly as possible on the 25th day of
each month.
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ARTICLE III LIMITATION ON DIS HAR E OF CERTAIN WASTES
1 . Type of Waste to be Discharged,
a. Except as hereinafter provided, DANIA shall
not discharge nor cause to be discharged any of the waters or
wastes described in paragraph b. below, into the HOLLYWOOD
System. All of the quality limitations enumerated below apply to
concentrations or other physical characteristics obtained from
analysis by HOLLYWOOD of representative samples of the waste
collected, which samples upon request of DANIA in writing will be
divided between HOLLYWOOD and DANIA. Such analysis as set forth
herein shall be made in accordance with the latest edition of
"Standard Methods for the Examination of Water and Wastewater"
prepared and published jointly by the American Public Health
Association, the American Waterworks Association and the Water
Pollution Control Federation for so long as same is continued to 11
be published. In the event these standards are no longer
published, the parties shall agree on the standard for such
analysis.
b. No person shall discharge or cause to be
discharged any of the following described waters or wastes into
the HOLLYWOOD Svshpm,
( 1 ) Any inflow and that infiltration which can be
deemed cost effective to correct.
( 2 ) Any wastewater or vapor having a temperature
higher than one hundred fifty ( 1500) degrees Fahrenheit ( 650C) .
( 3 ) Any gasoline , benzene, naphtha, fuel oil or
other flammable or explosive liquid, solid or gas .
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( 9 ) Any waters or wastes having a pH lower than
5. 5 or higher than 9 . 5, or having any other corrosive property
capable of causing damage or hazard to structures, equipment, or
personnel of HOLLYWOOD.
(5 ) Any wastewater containing constituents in
concentrations which are in excess of the concentrations set
forth for normal wastewater:
BOD5 400 ppm
TSS 400 ppm
TKN 30 ppm
Phosphorus (P) 15 ppm
COD 800 ppm
TDS 2000 ppm
(6) Any waters containing toxic or poisonous
solids, liquids or gases in sufficient quantities, which either
singly or by interaction with other wastes, may injure or
interfere with any waste treatment process, constitute a hazard
to humans or animals, create a public nuisance, or create any
hazard in the wastewater treatment plant, as sampled at or in the
immediate vicinity of the point of discharge to the HOLLYWOOD
:r•- System. The maximum limits for the below listed substances are:
Antimony 0 . 200 ppm
Arsenic 0. 100 ppm
Barium 5 . 000 ppm
Beryllium 0. 010 ppm
Bismuth 0.045 ppm
Boron i .0"uu ppm
Cadmium 0 .500 ppm
Chlorides 600 . 000 ppm
Chromium, Hexavalent 0.500 ppm
Chromium, Total 1 .000 ppm
Cobalt 1 . 000 ppm
Copper, (Total ) 2 . 000 ppm
Cyanides 0 . 250 ppm
Hydrogen Sulfide 3 . 000 ppm
Iron 10 . 000 ppm
Lead 0 . 400 ppm
Manganese 1 . 000 ppm
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Mercury 0. 100 ppm
Molybdenum 0. 500 ppm
Nickel 1 . 800 ppm
Phenols 0 . 005 ppm
Selenium 0 .100 ppm
Silver 0 .240 ppm
Strontium 0 .200 ppm
Tellurium Tin 0 . 001 ppm Toxic Radioactive 0 . 800 ppm
Isotopes without
a special permit 0 . 000 ppm
zinc, (Total ) 1 . 000 m
Pesticides pp
Herbicides 0 . 010 ppm
0 . 010 ppm
Fungicides
0 . 010 ppm
The maximum allowable values of the substances listed
above may from time to time be revised by federal, state, local
regulatory agencies, or HOLLYWOOD, if determined by the
Consulting Engineer to be in the best interest of the Hollywood
System, in which case DANIA agrees not to exceed such revised
maximum limits. HOLLYWOOD shall provide DANIA, written notice,
of any amendment or change to said schedule .
(7) Any solid or viscous substance in quantities
,..., or of such size capable of causing obstruction to the flow in the
sewers or an interference with the proper operation of the
wastewater facilities, such as, but not limited to, ashes, cans,
sand, straw, shavings, metal, glass, tar, wax, lime slurry, lime
residues, chemical residues and paint residues.
(8) Any wastewater containing more than twenty—
five (25) milligrams per liter of petroleum oil, non—
biodegradable cutting oils, or products of mineral oil origin.
(9) Any water or waste containing more than one
hundred ( 100) milligrams per liter of biodegradable oils, fat,
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grease or any oily substances, whether singularly or in a
combination.
(10 ) Any water or wastes containing suspended
solids or color or other such characteristics in quantity that
unusual attention or expense is required to handle such material
at the HOLLYWOOD facility, without a special permit.
(11) Any noxious or malodorous gas or substance
which either singularly or by interaction with other wastes, is
capable of creating a public nuisance or hazard to life, or which
prevents or makes unduly hazardous the entry into sewers for
maintenance and repair.
(12) Any water or wastes containin
which are 4 substances
not amenable to treatment or reduction by the
wastewater treatment processes employed, or are amenable to
treatment only to such degree that the wastewater treatment plant
effluent cannot meet the requirements of other agencies having
i jurisdiction over discharge to the receiving waters .
(13) Any waters or wastes which constitute a
hazard to any structure or appurtenances of the HOLLYWOOD System.
(14 ) Any water or waste which singularly or in
combination with nrhe,
——Ls or wastes that inhibit or interfere
with the treatment process or may render the treatment plant
effluent toxic as determined by regulatory permit requirements.
(15) Any waters or wastes that render the sludge
produced by the treatment plant to be other than a Class-I sludge
as defined by Florida ' s Department of Environmental Regulation.
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(16 ) Any substance or constituent in violation of
"Federal (National ) Categorical Pretreatment Standards" as
issued by the United States Environmental Protection Agency,
including any amendments or successor enactments thereto, or
which exceeds, ' or would exceed, federal , state or local quality
requirement, unless the discharge is allowable by a duly issued
operating permit from the Broward County Environmental Quality
Control Board.
2 . Compliance,
(a) If at any time DANIA shall not comply with the
restrictions imposed upon it in the preceding portion of this rr
Article, or if DANIA shall create any condition which HOLLYWOOD
should determine destructive to any part of HOLLYWOOD' s System,
HOLLYWOOD shall give thirty ( 30 ) days written notice to DANIA to
discontinue such operation or practice, within which period DANIA
agrees to comply. If DANIA does not initiate and/or establish a
compliance program within ninety ( 90 ) days of notification,
and/or if any damages result from the discharge of improper
wastes by DANIA, HOLLYWOOD reserves the right to provide such
preliminary treatment facilities or establish such oroarams as
required to bring DANIA' s discharge into compliance. DANIA will
be responsible to HOLLYWOOD for all charges, both capital and
operational for the establishment of these programs or facilities
as described herein. Additionally, failure to comply with the
conditions stipulated in Section 1 hereof, shall place DANIA in
default of this Agreement.
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(b) DANIA recognizes and agrees that HOLLYWOOD
has the obligation and authority to perform the below as well as
any future activities required by Environmental Protection Agency
General Pretreatment Regulations, 40 CFR 403 , Section 403 . 8, as
set forth below: HOLLYWOOD agrees to notify DANIA, in writing,
and will give DANIA the opportunity to take the appropriate
action, prior to HOLLYWOOD taking any of the following actions.
( 1 ) deny or condition new or increased
contributions or pollutants, or changes in the nature of
pollutants, to the HOLLYWOOD System by industrial user;
- ( 2) require compliance with applicable
pretreatment standards and requirements by industrial users;
( 3 ) control , through permit, contract,
order, or similar means, the contribution to the HOLLYWOOD System
by each industrial user to ensure compliance with applicable
pretreatment standards and requirements;
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( 9 ) require (a) the development of a
compliance schedule by each industrial user for the installation
of technology required to meet applicable pretreatment standards
and requirements and (b) the submission of all notices and self-
monitoring reports from industrial users as are necessary to
assess and assure compliance by industrial users with
pretreatment standards and requirements, including, but not
limited to, the reports required in Paragraph 403 . 12 ;
( 5 ) carry out all inspection, surveillance
and monitoring procedures necessary to determine, independent of
information supplied by industrial users, compliance or non-
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compliance with applicable pretreatment standards and
requirements by industrial users;
( 6) obtain remedies for non-compliance by an
industrial user with any pretreatment standard and requirement .
(c) The parties mutually agree that no statement
contained herein shall be construed as preventing any special
agreement or arrangement between HOLLYWOOD and DANIA or any user
within DANIA's Service Area, whereby an industrial waste of
unusual strength or charter may be accepted by HOLLYWOOD for
treatment, subject to additional payment by DANIA, or said user.
(d) HOLLYWOOD agrees to
provide DANIA With
written notification of changes to the Regulations and a copy of
Y the EPA required Pretreatment Annual Report.
(e) Nothing contained herein shall obligate DANIA
to pay any costs incurred by HOLLYWOOD for pretreatment
facilities required as a direct result of discharge of improper
wastes into the HOLLYWOOD System by other Large Users.
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a• DANIA agrees to include in the design of its
wastewater delivery system a sampling station so that HOLLYWOOD
can take representative samples of f-h. .. �_.._
- - • tBr as a means of
monitoring the characteristics of the wastewater received from
DANIA, and DANIA shall further provide to HOLLYWOOD such right-
of-way or easements as may be necessary to assure HOLLYWOOD of
access to the sampling station site . HOLLYWOOD shall , upon
notification to DANIA, have the right at any time to collect
samples of sewage and industrial wastes at selected locations
-21-
within DANIA' s facilities for the purpose of making laboratory
analysis of these wastes. The cost of collecting and then
testing such samples shall be considered a HOLLYWOOD facility
treatment and effluent disposal operating expense.
b. DANIA shall, upon written request, submit
annually to HOLLYWOOD, no later than April 1 of each year, a
laboratory analysis conducted by a State certified laboratory of
composite samples of the combined Industrial and Domestic Wastes
leaving DANIA' s facilities at each point of connection. The
costs for said submission shall be borne by DANIA. DANIA shall
give HOLLYWOOD five ( 5 ) days written notice exclusive of
Saturday, Sunday and holidays, of its intent to take the required
samples, in order that HOLLYWOOD may be present at the time the
sample is taken. The analysis made pursuant to this paragraph
shall be made on twenty-four ( 24 ) hour representative samples and
may include temperature, pH, and those substances listed in
a , paragraph lb( 3 ) , ( 5) , (6) , (8 ) and ( 9) above. HOLLYWOOD shall
direct DANIA as to the particular samples, including pesticides,
herbicides and/or fungicides for which analysis is required.
9 . Regulatory Action,
a. DANIA agrees to adopt, enact and enforce such
necessary rules, regulations and/or ordinances as may be required
so as to ensure that the users of DANIA' s system do not discharge
or cause to be discharged waters or wastes which would cause
DANIA' s wastewater to be unacceptable under the provisions of
this Article, and to furnish to HOLLYWOOD certified copies of
said regulations, rules and/or ordinances within one hundred
-22-
eighty ( 180 ) days from *the date of enactment of same or one
hundred eighty ( 180) days from the date of this Agreement,
whichever shall first occur.
b. DANIA shall be responsible for implementation
in its system of federal, state or local regulations imposed on
HOLLYWOOD or DANIA, either now or in the future.
5. Additional Charge for Wastes of Unusual Strength,
In lieu of the remedies set forth in paragraph 2 of the Article
above, in the event of a violation or default by DANIA pursuant
to this Article, DANIA shall be subject to an additional charge
which shall , upon imposition, be included in DANIA's monthly
billing( s ) subsequent to said determination by HOLLYWOOD.
Designation of waste as being of unusual strength or character
shall occur when the contributed wastewater parameters exceed
those set forth in paragraph 1 of this Article. The additional
charge shall be based upon HOLLYWOOD' s total cost incurred in
providing treatment, additional treatment programs, or additional
facilities for the treatment of such wastes of unusual strengths.
Any monies received from this Section shall be applied by
HOLLYWOOD first to pay for the cost of correcting the problem
raiicaA by nAMTC and then to .c- a••__
i uu�.c U11V reievdnt operating expense
of the HOLLYWOOD System.
6 . Emergency Action Notwithstanding anything to
the contrary contained above, if at any time during the term of
this Agreement, HOLLYWOOD determines , in its sole and absolute
discretion, that DANIA's failure to comply with the restrictions
imposed upon it by this Agreement constitutes such an immediate
—23—
threat to the HOLLYWOOD System and/or the public health or safety
so as to constitute an emergency situation requiring immediate
remedial action, then, in that event, HOLLYWOOD may declare an
emergency situation to exist and upon written notice to DANIA,
may proceed to take whatever corrective action it deems necessary
as to said emergency to prevent further nuisance or damage to
HOLLYWOOD's System without the necessity of giving notice (other
than notice of the emergency situation) to DANIA or affording
DANIA an opportunity to remedy the situation. Any costs incurred
by HOLLYWOOD , in response to an emergency situation shall be
charged to DANIA, and shall be the sole responsibility of DANIA
to pay.
1
K
-24-
ARTICLE IV. CHARGES AND BILLING
1 . Annual Estimate HOLLYWOOD shall estimate all
costs ( on a Fiscal Year basis ) of providing wastewater
transmission, treatment, and disposal services to DANIA beginning
with Fiscal Year 88-89 . This annual estimate shall be the basis
for DANIA' s monthly billings during the next succeeding Fiscal
Year. Adjustments will be made annually as described below based
upon actual flows and actual costs when known.
2. Billings Procedure The parties hereto agree that
HOLLYWOOD shall provide wastewater transmission, treatment and
disposal services to DANIA, at rates and charges constituting the
full and actual costs of such service, including but not limited /
to Operation, Maintenance and Administrative costs , Renewal ,
Replacement and Improvement Account Contributions, Debt Service 6
Charges, Depreciation Charges , and compensatory charges, and
HOLLYWOOD shall set the same proportionate rates and charges for
all Large Users of the HOLLYWOOD System. DANIA shall pay a
monthly charge to HOLLYWOOD, as calculated pursuant to Section
IV-1 , above, for wastewater transmission, treatment and disposal
services provided by HOLLYWOOD, commencing on the date of
execution of this Agreement. Such charges shall be na;rl r,
HOLLYWOOD by DANIA monthly, and shall include the following
components :
a. Operation Maintenance and Administrative
Os c " Operation, Maintenance and Administrative Costs are
defined in Article I , paragraph 19 hereof, and will be estimated
for each Fiscal Year. The portion of the monthly charge to DANIA
-25-
for Operation, Maintenance and Administrative Costs shall be
based on the estimated rate per thousand gallons and shall be
applied on actual flow used by DANIA during the billing period.
( 1 ) Ad Lstment to Operation Maintenance and
Administrative Costs , At the end of each Fiscal Year, an annual
adjustment shall be computed to determine DANIA's share of the
actual Operation, Maintenance and Administrative Costs . This
computation will be based upon the actual operation, maintenance
and administrative expenses recorded for the HOLLYWOOD System for
that Fiscal Year, multiplied by DANIA' s percentage of the actual
number of gallons of wastewater treated and disposed of through
the HOLLYWOOD System for that Fiscal Year. Each adjustment in
the operation, maintenance and administrative monthly charges
shall be made subsequent to, and subject to final verification of
the operation, maintenance and administrative expenses incurred
which verification shall be included in the annual review of said
charges . The above—referenced annual review shall be performed
by an independent Financial Consultant selected by HOLLYWOOD and
shall be distributed to DANIA on or before March 31 of the year
following the end of each Fiscal Year. In the event the annual
adiustment rofie,+ . �
- - -- .11, , an underpayment has been made by DANIA
with regard to Operation, Maintenance and Administrative Costs,
then the amount due and owing for said underpayment shall be
shown as a separate line item on the next monthly bill sent to
DANIA after the adjustment has been made . In the event the
annual adjustment reflects that an overpayment has been made by
DANIA, with regard to Operation, Maintenance and Administrative
—26—
^I
Costs , then in that event the amount of said overpayment shall be
credited to DANIA as a separate line item on the next monthly
bill after the adjustment has been made.
b. Debt Service Charges Debt Service Charges, as
defined in Article I , paragraph 3, for the HOLLYWOOD System shall
be computed annually as follows : ( i ) with respect to projects
relating to improvement and upgrading of the HOLLYWOOD System,
DANIA's Debt Service Charges shall be computed annually by taking
the ratio of the amount of DANIA's actual flow to the total flow
of the HOLLYWOOD System for each Fiscal Year, multiplied annually
by the total debt service due in that Fiscal Year for such
upgrading project( s) ; ( ii ) with respect to projects relating to
the initial plant capacity expansion of the HOLLYWOOD System,
DANIA's Debt Service Charges shall be computed annually by taking
the difference between DANIA' s actual ADF Flows for Fiscal Year
1988-89 and DANIA' s projected ADF Flow for the Fiscal Year 1999-
2000 and then dividing that difference by the projected increase
in capacity in the HOLLYWOOD System over and above the total
System capacity for the Fiscal Year 1988-1989 as a result of such
planned capacity expansion; and then multiplying that fraction by
the total debt service due in that Fiscal Year for such expansion
project( s ) ; provided however, DANIA' s Debt Service Charges with
respect to this initial capacity expansion financing will be
adjusted pursuant to Article II , Section 6 .B. in the event that
DANIA's actual flows exceed its projected flows for Fiscal Year
1999-2000 ; and ( iii ) with respect to projects relating to
transmission pipes and related transmission facilities within the
-27-
HOLLYWOOD System, DANIA' s Debt Service Charges shall be computed
annually by multiplying the proportional cost, based on design,
of the new transmission facilities which are required by DANIA by
the total debt service due in that Fiscal Year for such
transmission project. in addition, except as otherwise set forth
in Exhibit "D" hereto, any Debt Service Charges which may be due
HOLLYWOOD from DANIA by reason of any financings relating to the
HOLLYWOOD System under the Prior Agreement ( other than financings
for transmission) shall be recalculated in accordance with the
applicable formulae set forth above. The above described
formulae are illustrated in Exhibit "D" attached hereto. In
y determining which projects are related to upgrading or expansion
of the Hollywood System, prudent engineering judgment shall be
used. The Debt Service Charges relating to any additional plant
capacity expansions of the HOLLYWOOD System shall be borne by the
Large users who require said expansion in proportion to their
respective needs.
C. Depreciation Charges , Depreciation Charges as
defined in Article I , paragraph 4 above, shall be computed based
on DANIA's proportionate share (as established in the Prior
Agreement) of the three ( 3% ) percent per year depreciation on the
existing facilities constructed from revenues of HOLLYWOOD other
than the HOLLYWOOD Sewer System Bond proceeds and federal grants;
the cost of said facilities being One Million Ninety-Six Thousand
Eight Hundred Sixty and 74/100 ( $1 , 096, 860.74 ) Dollars .
d. Renewal , Replacement and Improvement Account
Contribution.
-28-
(1 ) Funds from the Renewal, Replacement and
Improvement Account, shall be used for the improvement, repair
and replacement of the HOLLYWOOD System. Said Account shall be
funded through contributions made monthly by DANIA to said
account. As of October 1 , 1988, the balance in DANIA's Account
is deemed to be zero, and all other amounts on deposit in said
account shall be carried forward. HOLLYWOOD shall maintain a
separate Renewal, Replacement and Improvement Account for each
Large User. Any amounts collected by HOLLYWOOD for DANIA's
Account shall be utilized by HOLLYWOOD only for renewals,
replacements and improvements to the HOLLYWOOD System. HOLLYWOOD
shall use prudent engineering judgment in determining the need
for renewal , replacement and improvement projects. Expenditure
of funds on deposit in each Large User' s RR&I Account shall be
made based on their respective percentage of the total System
flows. The contributions made by DANIA to the Account shall be
in addition to all other charges collected by HOLLYWOOD set forth
herein. Except as otherwise provided herein, DANIA' s monthly
contribution to this Account shall be ten percent ( 10%) of
DANIA' s monthly total bill for wastewater transmission and
treatment, including, but not limited to, Debt Service Charges,
Depreciation Charges, and Operation, Maintenance and
Administrative Costs. Payments to said Account shall continue to
be made monthly at the aforestated rate until such time as
DANIA' s Account contains funds equal to DANIA' s share of a
maximum amount of five ( 5% ) percent of the actual cost of the
HOLLYWOOD System, and as said System may be expanded from time to
_29_
time . During any period in which DANIA' s Account is maintained
at a level equaling its pro rata share of five percent ( 5% ) of
the actual cost of the HOLLYWOOD System, as expanded, no monthly
payments shall be due from DANIA to this Account; provided,
however, that pursuant to this Article, the maximum level may be
modified from time to time, in which event DANIA shall resume
making monthly payments to this Account until its required
contribution level is reached. In the event the balance in
DANIA' s Account shall at any time fall below the maximum
prescribed level set forth herein, then at that time DANIA shall
resume making monthly payments in accordance with this paragraph
so as to bring the balance in said Account to the maximum �,,...
prescribed level . Said Account shall include any unexpended
monies deposited since October 1 , 1988 , remaining on deposit in
the special renewal or replacement and improvement fund
established under the Prior Agreement between the parties.
Contributions to the Renewal, Replacement and Improvement Account
shall earn interest at HOLLYWOOD' s pooled fund interest rate,
which interest shall be credited annually based on the average
monthly balance in DANIA' s Account.
( 2) In the event it is necessary to renew,
replace or improve an element of the HOLLYWOOD System for which
sufficient funds are not available in the Renewal , Replacement
and Improvement Account established for DANIA, HOLLYWOOD shall
notify DANIA of the deficiency in said Account. DANIA shall have
a period of sixty ( 60 ) days from the date of said notification to
contribute any said deficiency to the Renewal, Replacement and
-30-
Improvement Account. In the event DANIA has not made said
deficiency contribution within sixty ( 60) days of the date of
notification of the deficiency by HOLLYWOOD, HOLLYWOOD, at its
option may: ( i ) obtain financing necessary to fund the
deficiency, in which event DANIA shall pay the cost of said
financing as additional Debt Service Charges ; or ( ii ) HOLLYWOOD
may fund the deficiency internally, in which event DANIA shall
repay HOLLYWOOD the amount of the deficiency, plus interest at
HOLLYWOOD's earned interest rate as an additional monthly charge
to DANIA, over a period of not less than sixty ( 60) months and
not greater than one hundred twenty (120) months.
3 . Additional Cap ci v At such time as financing
is secured for construction of additional facilities as Fr
contemplated in Article V below, so as to service the various
Large Users, or it becomes necessary for DANIA to secure
additional transmission or treatment capacity, DANIA shall pay
all additional Debt Service Charges based on the formulae set
forth in Article IV, 2(b) hereof.
4 . P�!vment and -Lenalties for Nonpayment The parties
agree that HOLLYWOOD shall bill DANIA for providing the services
n8C@55aiy for wastewater treatment, transmission and disposal , on
a monthly basis in accordance with HOLLYWOOD' s standard billing
procedures . DANIA shall pay such billings within forty-five
(45) days of the receipt of the monthly bill . Should a billing
or a portion of the billing be outstanding for a period of more
than forty-five ( 45 ) days from the date of receipt of the
original billing, then DANIA shall be considered in default of
-31-
this Agreement. Should DANIA not pay within the forty-five ( 45 )
day period set forth herein, DANIA shall pay interest on the
unpaid balance at the rate of twelve percent ( 12% ) per annum.
5. Dispute Over Amounts Billed. DANIA agrees that in
the event of a dispute as to a billing invoice or the amount
DANIA owes on a monthly bill , and which dispute the parties
cannot resolve within forty-five ( 45) days from the date of
receipt of the original invoice, then DANIA shall automatically
. deliver to HOLLYWOOD the total amount billed and an adjustment of
the billing invoice amount, if any, shall be made subject to
subsequent agreement or adjudication. The amount of such charge
that is in dispute shall be held in escrow by HOLLYWOOD until the
dispute is resolved, provided however, that in the event the
disputed amount relates to Debt Service Charges, then HOLLYWOOD
shall be entitled to apply such disputed amount to make debt
service payments when due .
6. Access to Records . HOLLYWOOD agrees that it shall
maintain accurate accounting records for the wastewater
collection, treatment and disposal facilities, and that HOLLYWOOD
will make available to DANIA for inspection or review said
records upon reasonable advance notice (at least fifteen 15 days)
and specific written request as to the records requested. Any
questions or explanations necessary as to the information
contained in such records shall be addressed at the Large Users'
Advisory Committee meetings.
-32-
ARTICLE V.- ADDITIONAL OBLIGATIONS OF THE PARTIES
1 . Expansion of the Hopwood Regional wastewater
Treatment Facilities . HOLLYWOOD and DANIA acknowledge that the
present rated capacity of the HOLLYWOOD Regional Wastewater
Treatment Facilities is 38 MGD, and that subsequent to the
execution of this Agreement and similar agreements between
HOLLYWOOD and the other Large Users, that the HOLLYWOOD System is
planned to be initially expanded to treat the total projected
flow requirements for the year 1999-2000 of all Large Users,
including HOLLYWOOD. In the event that any further plant
expansion( s ) become necessary, then the costs , including the Debt
Service Charges, relating to such additional expansion( s ) shall
be borne by those Large Users who require said expansion( s) in
proportion to their respective needs. In the event that the
HOLLYWOOD System is rerated without any capital expenditure to an
MGD in excess of its then current capacity by an agency with
a regulatory authority to rerate the capacity of the plant, then
each of the Large Users, including HOLLYWOOD, shall be given
credit for such increased capacity on a pro rata basis in
proportion to their maximum projected reserved flows set forth in
Article II , Section 6 .B. hereof as adjusted or amended, as a
percentage of total projected reserved flows for all Large Users
into the HOLLYWOOD System at the time of rerating.
2 . Cost of Expansion of the Hollywood Regional_
wastgwate r Treatment Facilities . At such time as HOLLYWOOD,
determines it is necessary, in order to respond to the needs of
the Large Users utilizing the HOLLYWOOD System, to expand the
-33-
F
HOLLYWOOD System, HOLLYWOOD shall charge DANIA monthly one-
twelfth ( 1/12) of DANIA's annual Debt Service Charges then due
attributable to said expansion which shall be computed in
accordance with the formulae set forth in Article IV, 2(b)
hereof. Said Debt Service Charges will be imposed at the time
that HOLLYWOOD incurs the debt.
Nothing contained herein shall obligate HOLLYWOOD to
undertake financing, either by issuing wastewater system revenue
bonds, or any other financial mechanism, without the cooperation
Of DANIA, and the other Large Users and DANIA agrees to cooperate
and execute any reasonably necessary document that may be
required by the credit enhancement provider, bond insurer or
rating agencies in order for HOLLYWOOD to obtain the financing
for the expansion contemplated herein, including, documents ,
representations and consents, if any, required by bond rating
agencies and municipal bond insurers or credit enhancement
T providers in connection with obtaining a credit rating or bond
insurance on the bonded obligations; provided however, that DANIA
shall not be required to execute any document or note that
creates a bonded indebtedness directly to DANIA.
F2ALj!A' 5. Obligation to Deliver Wastewater
Except
as otherwise provided in Article II hereof, DANIA agrees that
during the term of this Agreement, it shall deliver all existing,
and future wastewater flows collected by it, from within its
Service Area as set forth in Exhibit "B", to the HOLLYWOOD
System, and HOLLYWOOD agrees to accept such wastewater flows from
DANIA's Service Area on the terms and conditions set forth
herein.
-34-
I
4 . DANIA'S Cooperation DANIA agrees to cooperate
and execute any necessary documents to effect the agreements
contained herein, and to cooperate with HOLLYWOOD under the terms
of the Florida Intergovernmental Cooperation Act as may be
required from time to time in furtherance of this Agreement, and
DANIA further agrees that it shall take no action which would
jeopardize the tax exempt status , pursuant to the Internal
Revenue Code, as amended from time to time , of the interest on
any debt now or hereafter issued to finance the HOLLYWOOD System.
5. Changes_ Required by Outside Agencies
Notwithstanding HOLLYWOOD' s obligations with respect to treating
and disposing DANIA's flows as provided herein, HOLLYWOOD may
revise the schedule of flows set forth herein in the event any
federal , state or local agency having jurisdiction promulgates
rules and regulations that would affect the amount or quality of
flow HOLLYWOOD can treat or dispose. In that event, the parties
agree to comply with any such rule or regulation and make such
amendments to this Agreement as may be necessary, provided,
however, that should there be a determination by either party
that the rules or regulations so promulgated are unreasonable or
not binding, the parties hereto reserve the r; .,i,} I--
said regulations. HOLLYWOOD and DANIA acknowledge that certain
federal , state and local agencies have jurisdiction or control
over pollution matters and, should such agency issue legal and
enforceable orders or rules that may alter any of the terms and
conditions of this Agreement, there shall be no liability on
either party by reason of such action, provided that HOLLYWOOD
—35—
shall not be precluded from making any necessary adjustments to
the sewage collection and treatment rates; provided further, that
any increased costs incurred by HOLLYWOOD from any such action
shall be assessed pro rata to DANIA based on DANIA' s actual
flows; unless said adjustments are occasioned solely by the acts
of Large Users other than DANIA, in which case DANIA shall not be
liable for said adjustments.
6 .. Adequate Rate Schedule . DANIA agrees that it
shall establish and maintain rates and service charges or other
means of obtaining funds within its Service Area which shall be
sufficient to provide the monthly payments to HOLLYWOOD for the
!� wastewater collection and treatment service contemplated herein,
and such rates and charges shall be revised as may be required
from time to time to provide sufficient funds to pay any sums due
HOLLYWOOD under the terms of this Agreement.
—36—
ARTICLE VI . PROVISIONS RELATING TO TERMINATION OF AGREEMENT AND
ASSIGNMENT OF HOLLYWOOD'S RIGHTS AND OBLIGATION
1. Termination Cla se, Except as otherwise provided
in Section 2 of this Article VI, this Contract may be terminated
at any time by either participating party on one ( 1 ) years notice
(or such shorter time as the parties shall mutually agree) to the
other in writing by certified mail , only under the following
conditions :
a. Termination by DANIA.
( 1 ) Subject to subsection ( 3 ) below, DANIA shall
pay to HOLLYWOOD in advance of termination all Debt Service
Charges which would otherwise have been chargeable to DANIA under
the terms of this Agreement (based upon a weighted average for
future years using projected flows) . If such Debt Service a
Charges can be reduced by calling bonds for redemption or 11
otherwise providing for their payment prior to maturity under the
terms of their issuance and if DANIA provides HOLLYWOOD with
'�- sufficient money to cover its Debt Service Charges and all
expenses in connection with such call for redemption, including
premiums, legal fees and costs, publication costs, and trustees
and paying agents fees and mailing costs, then HOLLYWOOD shall
call for redemption as many of such bonds as may be called under
their terms with the money paid by DANIA to HOLLYWOOD. HOLLYWOOD
reserves the right to determine which bonds to call .
(2 ) Subject to subsection ( 3 ) below, DANIA
shall , in addition to Debt Service Charges, pay to HOLLYWOOD a
sum equal to the then present value of all other payments which,
in the absence of such termination, would be made by DANIA to
—37—
HOLLYWOOD hereunder during the period when HOLLYWOOD would
receive and treat wastewater from DANIA, through and including
five ( 5) years from the date of termination using DANIA' s annual
payment in the year of termination. The "then present value" as
used above means the value on the termination date of the various
sums payable thereafter, discounted at the then prevailing Prime
interest rate plus all payments due and past due with interest at
the then prevailing Prime interest rate from the date due to the
termination date. In making such determination, DANIA shall be
given full credit for all actual reductions , if any, in
HO.LLYWOOD' s expenses of operation and maintenance , and
administration which reductions are attributable to the /
termination of this Agreement. Hollywood shall also have an 1
affirmative obligation to take such actions as are available in d
order to mitigate its expenses.
( 3 ) There shall be deducted from the sums of the
amounts payable by DANIA under subparagraphs ( 1 ) and ( 2 ) above
any amount of liability (not in excess of said sum) assumed in
writing by any other municipality, political subdivision or
other entity, simultaneous with or prior to such termination if
(a ) r.anahil_i_ry of mnnirinalifv 1-ho nnlifin�l e..l A;
• < - -J 'C--- -I I —- I--- ----- -----
other ii✓i vn V r
entity assuming such liability to satisfy the same shall be
found satisfactory by HOLLYWOOD, (b) such municipality, political
subdivision or other entity shall execute an agreement with
HOLLYWOOD substantially the same as this Agreement, ( c) whenever
any revenue bonds of the CITY OF HOLLYWOOD payable in whole or in
part from sewer revenues are then outstanding which are secured
-38-
j by ordinance, resolution or indenture empowering a trustee or
other agent on behalf of the holders of such bonds to consent to
said assumption of liability, if such trustee or other agent' s
consent shall have been obtained in writing, and (d) DANIA shall
execute and deliver to HOLLYWOOD, in a form acceptable to
HOLLYWOOD, an agreement releasing and holding HOLLYWOOD harmless
and indemnifying HOLLYWOOD from any responsibility, liability or
claim for or relating to collecting and/or treating DANIA' s
wastewater from and after the date of termination of this
Agreement.
b. Termination by HOLLYWOOD
( 1 ) There shall be a readily available
alternative means of treating and disposing of the wastewater of
DANIA which HOLLYWOOD would otherwise be required to treat and
dispose of under this Agreement and such alternative means must
meet all state, federal and local requirements pertaining to the
public health, the pollution of public water and the protection
of the environment generally.
(2 ) Any revenue bonds of the CITY OF HOLLYWOOD
payable in whole or in part from wastewater revenues are secured
by ordinance, resolution or indenture which requires a trustee or
other agent for the holders of such bonds to consent to such
termination on their behalf, such trustee or agent shall so
consent in writing.
(3 ) HOLLYWOOD shall pay to DANIA an amount equal
to the sum of (a ) the actual expenses incurred by DANIA in
changing from the use of the HOLLYWOOD System to the use of the
—39—
J
governmental entity or an inter-governmental or regional
authority. In the event HOLLYWOOD sells, leases or transfers the
HOLLYWOOD System to Broward County, another governmental entity
or an inter-governmental or regional authority, HOLLYWOOD shall ,
upon such sale, lease or transfer assign all or some of its
rights and obligations hereunder to said purchaser, lessee or
transferee. Upon the assumption of such assignment by said
purchaser, lessee , or transferee , HOLLYWOOD shall cease to be
liable for further performance of any obligations or
responsibilities so assigned. HOLLYWOOD shall give DANIA at least
60 days advance written notice of its intention to sell , lease or
transfer the HOLLYWOOD System under this Section.
In the event that Hollywood sells, leases or transfers w
the HOLLYWOOD System to any such entity and such entity agrees to
pay HOLLYWOOD an amount of money for the HOLLYWOOD System which
is in excess of the then combined total outstanding long-term and
short-term debt (principal , interest and premium, if any, ) of the
HOLLYWOOD System, then this "excess amount" , when actually paid,
shall be divided among all of the Large Users, including
Hollywood, based upon their respective percentages of actual
flows to the total System flows for the Fiscal Year in which fha
HOLLYWOOD System is transferred; provided further that HOLLYWOOD
shall not be obligated to pay DANIA or any other Large User any
amount that may otherwise be owed by HOLLYWOOD under Section 3(b)
hereof to the extent that such increased payments are due to the
"excess amount" paid by the new owner or transferee of the
HOLLYWOOD System.
-41-
J
ARTICLE VII . PROVISIONS RELATING TO DEFAULT
1. Default .
a. The parties agree that in the event either
party commits an act of default under any of the terms or
provisions of this Agreement, the party so defaulting shall be
liable to the other party for any expenses, loss or damage
occasioned by reason of such default.
b. The parties acknowledge that in order to
construct the planned expansion of the HOLLYWOOD System, it is
necessary for revenue bonds to be issued from time to time to
provide the funding source for said expansion program and, by
reason of such obligations incurred by HOLLYWOOD with regard to
said bond financing, it is imperative that HOLLYWOOD be paid in a
timely fashion the sums due from DA14IA pursuant to this
Agreement. In light of the obligations to the bondholders, and
the acknowledgments that HOLLYWOOD has relied on DANIA' s
representation that payment of all sums due HOLLYWOOD under the
terms of this Agreement shall be prompt in their remittal, the
parties hereby agree to resolve disputes over monthly billings in
accordance with Section 2 hereof. In the event that DANIA shall
have committed an act of monetary default by failing to pay a
monthly service bill within forty-five ( 45) days of receipt of
said bill , then DANIA shall pay an interest penalty on the unpaid
balance at the rate of 12% per annum and HOLLYWOOD shall have, in
addition to any other rights and remedies provided for herein,
the right and power, by suit, action, mandamus or other such
proceedings at law or in equity, to protect, enforce and compel
_42_
performance and payment by DANIA or any of the officers, agents
or employees of DANIA to perform and carry out its and their
duties and obligations under this Agreement or applicable law.
C. DANIA covenants and warrants that it shall
maintain a rate structure sufficient to pay all obligations
hereunder. Failure of the governing body of DANIA to so maintain
an adequate rate structure shall be considered a monetary default
of this Agreement .
2 . Dispute Over Monthly Billings As provided in
Art. IV, Secs. 4&5 herein, HOLLYWOOD shall submit to DANIA a
monthly billing invoice for the amounts then due, and if DANIA
does not agree upon the amount invoiced, then DANIA shall notify
HOLLYWOOD in writing of the disputed amount; provided, however,
within forty-five ( 45 ) days of receipt of the original billing
invoice DANIA shall automatically deliver to HOLLYWOOD the
original amount billed in full and DANIA and HOLLYWOOD shall
continue to work out an agreement as to the amount in dispute .
The adjustment of the billing invoice amount, or actual cost,
expense or damage shall be subject to subsequent agreement or At
court adjudication. HOLLYWOOD shall hold the amount of such
charge that is in dispute in escrow until an agreement is
reached; provided, however , that to the extent that the amount in
dispute relates to Debt Service Charges, then Hollywood shall
have the right to use such disputed funds to make debt service
payments when due.
3 . Non-Monetary Default Except as otherwise
expressly provided herein, with respect to non-monetary defaults
-43-
only, committed by DANIA; the default, if not otherwise resolved
after due and diligent effort by both parties, shall be submitted
to binding arbitration a5 set forth in paragraph 4 below.
4 . Arbitration. Any non-monetary dispute between
HOLLYWOOD and 'DANIA arising from this Agreement which cannot
otherwise be resolved after due and diligent effort by both
parties , shall be the subject of binding arbitration. Said
arbitration shall be conducted by a board of three arbitrators,
each of whom shall be qualified as a licensed engineer or a
certified public accountant, or otherwise qualified person, and
who shall not be employed by either party on a regular salaried
basis. Each party to this Agreement shall choose one arbitrator,
and the two so chosen shall choose a third who shall act as
chairperson. The fees, charges and expenses of such arbitrators
shall be borne equally by the parties hereto. DANIA agrees that
during any such period of arbitration, it will continue to
promptly make all payments due HOLLYWOOD, pursuant to the terms
of this Agreement and Hollywood shall continue to provide
wastewater treatment services to DANIA in accordance with the
terms hereof.
-44-
t�
L�
5. Litigation and Arbitration Cos
a. DANIA agrees that, to the extent legally
permitted, it shall indemnify and hold HOLLYWOOD harmless from
and against any and all costs or expenses incurred by HOLLYWOOD
in the event of any litigation in which DANIA or HOLLYWOOD is or
may become a party as either Plaintiff or Defendant, which
results from and is determined to be caused in whole or in part
from the effects of the improper introduction of materials by
DANIA or any users of DANIA' s System into the HOLLYWOOD System,
or any portion thereof which may cause damage within or without
the HOLLYWOOD System.
b. In the event of litigation between the
parties to enforce the terms of this Agreement, then in that
event the prevailing party shall be entitled to recover all costs
and fees incurred, including but not limited to reasonable
attorneys' fees.
.• 6. Fines , In the event any fines, penalties or
damages are incurred or imposed by or on HOLLYWOOD by reason of
DANIA' s violation or default of its obligations under this
Agreement, then, in that event, DANIA shall be solely responsible
for the payment of same.
7. Force Majeure The parties agree that in the
event of a temporary cessation of wastewater transmission which
results from an act of God, hurricane, lightning, fire, strike,
casualty, necessary maintenance work, breakdown of machinery,
insurrection or riot, that said temporary cessation shall not
constitute a default in this Agreement on the part of either of
—45—
..... .. . .. .. .. .
the parties, and neither party shall be liable to the other for
any damage resulting from such cessation, and unless written
notice to the contrary is received from any federal , state or
local agency, or any court having jurisdiction over the subject
matter, HOLLYWOOD shall continue to accept and dispose the
wastewater transmitted to it by DANIA if possible, regardless of
the degree of treatment available and DANIA, during any such
period of interruption or reduced treatment shall continue to pay
its share of Debt Service Charges due and the actual costs
incurred by HOLLYWOOD. In the event the amount of the Debt
Service Charges and actual costs incurred during any period of
temporary cessation cannot be determined by reason of no flow, or
insufficient flow of wastewater , then the Debt Service Charges
and actual costs incurred paid by DANIA shall be based on the
twelve ( 12) month period prior to said interruption of service or
reduced treatment.
—46—
ARTICLE VIII_, ADMINISTRATION
1 . Execution and Agreement The parties hereto agree
that upon execution of this Agreement by the appropriate
officials of HOLLYWOOD and DANIA, that said Agreement shall be in
full force and effect as of the date of said execution, provided
that the effective date for billing purposes and calculations of
amounts owed shall be as of October 1, 1988. Upon execution,
this Agreement shall be filed with the official records of the
Broward County Clerk ' s Office .
2 . Large Users Advisory Committee ( LUAC) . The
parties agree that HOLLYWOOD shall , subject to the terms
contained herein, have sole and exclusive authority as to the
administration, operation and maintenance of the HOLLYWOOD
System, including establishment of the annual budget,
establishment and amendment of service fees, rates and other
charges necessary for the efficient operation and maintenance of
the HOLLYWOOD System; provided however, that commencing with the
charges to be paid by DANIA during the 1991-92 Fiscal Year and
each Fiscal Year thereafter, Hollywood will consult with DANIA
and each of the other members of the Large User' s Advisory
Committee on or before May 15 of each Fiscal Year with respect to
establishing the proposed respective fees, rates, RR&I
contributions and other charges to be paid by the Large Users in
the next ensuing Fiscal Year. In addition, HOLLYWOOD shall have
the obligation to meet with the Large Users Advisory Committee at
least quarterly to review rate and budgeting matters and the
Committee shall have the right to make recommendations to
—47-
HOLLYWOOD concerning these matters. HOLLYWOOD also agrees to
meet with the Large User' s Advisory Committee and discuss any
plans relating to relocation of System facilities prior to any
definitive action.
3 . Invalidity of Provision. In the event it is
determined that any section, clause, sentence , or provision of
this Agreement shall be invalid, then same shall not affect the
validity of any other part of this Agreement which can be given
effect without such invalid part or parts. The parties agree
that this Agreement shall be binding upon the successors and
assigns of the parties hereto and may be enforced by appropriate
action of court, or courts of competent jurisdiction.
4 . Legal Requirements . The parties agree that each
has complied with all necessary legal requirements for execution
of this Agreement, including but not limited to due consideration
of the terms and conditions hereof by the appropriate governing
�•� body of each municipality and its city attorney, and public
hearing on this matter; and each party hereto agrees to exchange
with the other, certified copies of any official records of its
governing body authorizing the execution of this Agreement on its
behalf.
5 . Notice . Any notice required to be given hereunder
in writing shall be considered to be properly given if the same
has been sent in writing by certified or registered mail to the
following:
—48—
HOLLYWOOD: City of Hollywood
2600 Hollywood Boulevard
Hollywood, FL 33021
Attention: City Utilities Director
Copy to: City Attorney
DANIA:
6 , Prior Agreements . This document, upon its
execution by both parties shall supersede any and all prior
negotiations, correspondence, conversations , Large User
agreements, including the Prior Agreement and any amendments
thereto, or understandings applicable to the matters contained
' herein and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of
this Agreement that are not contained in this document.
Accordingly, it is agreed by the parties that there shall be no
deviation from the terms hereof which shall be predicated upon
., any prior representation or agreements whether oral or written,
unless said are specifically provided for herein.
7 • Modification, Amendment or Alteration. Except as
otherwise expressly provided herein as to certain matters which
� m Ai firation or amendment to the
only requite written . i n ••� ••----- -- --
terms or conditions of this Agreement shall be effective unless
contained in a supplemental document executed with the same
formality of this Agreement and attached hereto.
B . Findings . All of the recitations contained in the
preamble of this Agreement are true and correct and incorporated
herein by reference.
_qg_
L�
9 . Counteroart Execution, This Agreement may be
executed in counterpart originals, each of which shall be deemed
an original . DANIA shall provide HOLLYWOOD with a certified copy
of DANIA' s resolution or evidence of other such action
authorizing DANIA to execute this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and
executed this Agreement on the respective dates under each
signature .
Signed, sealed and delivered
in the presence of: HOLLYWOOD:
IN
CITY OF HOLLYWOOD, a
Municipal Corporation of /
the State of Florida 6/
By:
Mayor
Dated:
Attest:
Martha S. Lambos, city Clerk
rrepaied and appry v�d as rn,
form and legality by:
Alan B. Koslow
City Attorney
—50—
i
( See prior page for additional signatures )
(Additional signatures to the Large User Wastewater Agreement
between HOLLYWOOD and DANIA)
Approved:
Paul E. Wimberly
Finance Director
Robert A. Creighton
Utilities Director
DANIA:
a municipal corporation of
the State of Florida
By:
Dated:
Attest•
Clerk
Approved as to Form and Legality:
By:
—51—
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WUYWM SOUTHERN REGIONAL WTP
LARGE USER METER AND INTERCONNECT LOCATIONS
1 . HALLANDALE
METER AT LIFT STATION E-B, BOO THREE ISLAND BLVD.
INTER-CONNECTION AT 13TH AVENUE WASHINGTON STREET
MANHOLE #8334N
2. HALLANDALE
METER AT LIFT STATION E-6, 1350 FUNSTON STREET
INTER-CONNECTION AT 14TH & JACKSON STREET, VAMBUREN ALLEY
MANHOLE 627
3. HALLANDALE
METER AT U.S. 1 & PEMBROKE ROAD
INTER-CONNECTION AT 19TH AVENUE & PWNKETT STREET
MANHOLE 401A
N 4. HALLANDALE
METER AT FLETCHER STREET & 22ND AVENUE r
INTER-CONNECTION AT 23RD TAFT STREET FJ
5. PEMBROKE PARK
COCA COLA PLANT, PEBMBROKE ROAD
INTER-CONNECTION AT 620 S. RAINBOW
MANHOLE 353
6. MIRAMAR SEMER PLANT
INTER-CONNECTION AT JOHNSON STREET & 62ND AVENUE
7. PEMBROKE PINES
METER AT M.N. 77 MAY, 13TH STREET
INTER-CDMNECTIN AT TAFT STREET AND 56TH
8. DANIA
METER AT SHERIDAN & S.E. 6TH AVENUE
INTER-CONNECTIN AT 14TH & HARDING STREET
MANHOLE 1002
9. • COOPER CITY, DAVIE (TREATED)
METER AT COOPER CITY AND DAVIE SEWER PLANTS
INTER-CONNECTION AT HOLLYWOOD SEWER PLANT
HOLLYWOOD WASTEWATER
TREATMENT PLANT
pLLYWoo�
DIAMOND
OF THE
GOLD COAST
sI I1 '
F1 4M
EVALUATION AND UPDATING OF
LARGE USER
WASTEWATER TREATMENT
AGREEMENTS
0
0
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s
EXHIBIT p
CITY OF HOLLYWOOD, FLORIDA
EVALUATION AND UPDATING OF LARGE USER
WASTEWATER TREATMENT AGREEMENTS
CONTENTS
PAGES 1-25 OMITTED AS THEY DO NOT PERTAIN TO ALLOCATIONS, AS THE
FOLLOWING PAGES ARE EXTRACTED FROM A PREVIOUSLY ISSUED DRAFT REPORT
PAGE
SECTION III: EXPENDITURE ALLOCATIONS 26
Sewer Treatment Plant 27-30
Sewer Collection 31-33
Utility Administration 34-37
Utility Accounting 38-41
Customer Service 42-43
General Fund Administration 44-54
SECTION IV: DEBT SERVICING 55
1962 Sewer Revenue Bonds 56
...� 1967 Sewer General Obligation Bonds 57-58
1971-A Water and Sewer Revenue Bonds 59-60
Proposed $91,000,000 Wastewater Revenue Bonds 61-62
Depreciation on Plant for Facilities Constructed From Other
Than Bond Proceeds 63-66
SECTION III: EXPENDITURE ALLOCATIONS
i.
This section demonstrates the methodology used in allocating operating and
administrative costs:
• To the wastewater division.
• To the City.
• To the Large Users.
The costs requiring allocation are:
• Sewer Treatment Plant Expenses (Schedules 1 and 2) (pages 27-30)
• Sewer Collection Expenses (Schedule 3) (pages 31-33)
• Utility Administration Expenses (Schedule 4) (pages 34-37)
• Utility Accounting Expenses (Schedules 5 and 6) (pages 38-41)
• Customer Service Expenses (Schedule 7) (pages 42-43)
• General Fund Administration Expenses (Schedule 8) (pages 44-54)
26
r -
CITY OF HOLLYWOOD, FLORIDA
EXPLANATION OF ALLOCATION OF SEWER TREATMENT PLANT EXPENSES
(APPLIES TO SCHEDULES 1 AND 2)
Current Methodology:
Sewer treatment plant expenses are allocated between Hollywood and the Large
Users based on the percentage of actual flows of each user to the total flows
for the wastewater system. See page 28 for actual flows for the fiscal year
ended September 30, 1988.
Example: Page 28, Line 8 City of Hollywood 4,851 ,843*
= 38 .49%
Divided by Page 28, Line 9 Total Flows 12 ,607,000*
*(0OO's omitted)
Proposed Methodology:
No change has been proposed to the current methodology.
F
—27—
ALLOCATIGN OF LPF.C< USERS ANT CITY FLOWS :rc[i1 E t
MSR TOTAL ACT!!Cd. X T_61 Er FLOWS
^5 OES:SIPTICM FLCMtS !I) IS:E4'AGE
VO4D :t?tTf 684.7?..(113 5.47t
CITY CF P*!A I.M.;0.:M CM
CITY OF AL .,: E 1,113.i$4.%u Ib.IbX
CITY OF !!;RAW I
...s .;F ccw;S+A'E FAP% 245re740 1.941
CITY DF F PIEOI.Lil ii!ES i,I6Z. '=,;VD 17.161
c="ALS 7,7w,116,099 61.M
CITY OF HOLLYWD 4, !,343,OI1 38.491
TOTALS I.''fi:0,000 -- IA-__x r
(1) flCY F!S,FfE G"rTAlhfr Ffr
Sur.LE :w FEgIOO lOP)Ir87 TO
G9/;J 31 AS ?LrqGA'O IN TiE AR.A
fix{ 'Mi.
28—
ALLOCATION OF SEWER TREATMENT PUM1 EXPENSES SCHEDULE 2
1 y
ACTUAL SEWER TREATMENT
ACTUAL ALLOCAIIU1
9/30/88 ........................
OTHER LARGE USERS
MOLLYAWD (Colwn 1 x .3881 (Column 1 x .6151
LIME NUMBER DESCRIPTION (Actual F)oec.Page 26) (Actual F1o.a.PaOe 28)
...........................
SEWER TREATMENT PLANT
(BUDGETARY DIVISION 2201)
PERSONAL SERVICES
1 SALARIES AND WAGES 11.341,022 6516.467 3825.355
3 PAID LEAVE 29,457 11.330 18.119
1 ACCRUED LEAVE 9.119 3.537 S.652
5 OVERTIME PAY 41,503 15.975 25.520
SOCIAL SECURITY 10J.133 39.696 13./37
GENERAL PEWS]ON 94.111 36.350 $8.091
1 LIFE INSURANCE 5.898 2.270 3.528
10 HEALTH INSURANCE IS3.076 58.915 91.151
11 DENTAL INSURANCE 5.035 1.938 3,097
12 WORKERS LYJMPENSATILN 11.575 7.131 11.414
13 TOTAL 1.002.129 693.639 1,108,190
............ ............
.___--------
OPERATING EXPENSES
11 TREATMENT SERVICES 31.500 12.124 19.376
15 ENGINEERING SERVICES 10.651 4.100 6.551
I6 LEGAL SERVICES 51.060 22.655 36.205
�'-•' 11 CLEANING/LAUNDRY 12.304 8.736 7.568
11 VEHICLE RENTAL-CENTRAL 183.456 12.91/ 100.542
20 TRAINING 5,541 2.133 3.408
21 TELEPHONE 4.174 1.607 2.567
22 COMMUNICATIONS SERVICES /,932 1.198 3,031
23 ELECTRICITY 1.291.253 191,003 794.250
2/ WATER 67.200 25.865 41.335
25 GAS 193.02S 1/.295 118.730
26 MSTE DISPOSAL 121.002 46.574 74.428
27 EOUIPMENT MENTAL 1.159 3.256 5.203
21 LIABILITY INSURANCE 55,940 21.531 34.409
30 PROPERTY INSURANCE 100.853 38.018 62.035
31 RAINIENANCE-EOUIPMENT 10.113 3.892 6.221
32 MINTERANCE-IUCHINERY 23.114 8.197 14.217
33 RAIMTERAMCE-BUILDINUS 116 172 274
31 LOT MOWING 16.188 6.346 10.142
3S PRINIM AND BINDING 2.703 1.010 1.663
36 OFFICE SUPPLIES 2.748 1.058 1.690
-29-
L
ALLOCATION OF SEWER TREATMENT PLANT EXPENSES
SCHEDULE 2
I 2
ACTUAL SEWER TREATMENT
ACTUAL ALLOCATION
9/30/08 ..............__________
OTHER LARGE USERS
LINE NUMBER DESCRIPTION NOLLYNOOD (Colum 1 x .0819 (Colum 1 x .6151
(Actual F1ous.Page 28) (Actual F1ovs,Page 28)
------•----•---^---•-•-
SEWER TREATMENT PLANT
(BUDGETARY DIVISION 22011
77 NOTOR FUEL/OIL 7,006
08 CONSUMABLE EOUIP/TOOLS . 1.191
09 BUILDING MATERIALS 22.801 8. 90 790 14.017
10 MAINTENANCE-FACILITIES 1.88T 725 1.158
JANITORIAL SUPPLIES
11 199.911 76.958 122.986 19 MEDICAL SUPPLIES 0.090 3.115 177.S17 5 1.978
67 ,
10 CHEMICAL SUPPLIES 218 019
11 UNIFORRS 1 65 52. 84.616
IS PROFESSIONAL MEMBERSHIPS 517 020
17 140 51 86
LICFMSES/GERTIFICAiIONS 1,521 585
6
41
TOTAL 2,565.951 987.635 --__._.. _._1.578.016
------------
CAPITAL OUTLAY -----
19 FURNITURE/OFFICE EQUIP 695
51 MACHINERY/EOUIPMENT 26B 427
2.065 910
1.155
52 TOTAL ............
0.... 1.178
- 1.882
57 TOTAL SEWER TREATMENT PLANT -
51,011,110 _ 1.682.452 12,688 688
............ ......sszss.
�y e..zssz:szs.
L_ �
CITY OF HOLLYWOOD, FLORIDA
EXPLANATION OF ALLOCATION OF SEWER COLLECTION EXPENSES
(APPLIES TO SCHEDULE 3)
Current Methodology:
Step 1: The current percentage of allocation was developed in the early 1970's
by the then Public Utilities Director. He utilized the following
percentage formula:
Cost of Collection System Serving Hollywood and Large Users
Total Cost of Collection System
Step 2: Sewer collection expenses are then multiplied by the percentage
developed in Step 1.
Step 3: Amount derived in Step 2 is multiplied by the actual flow percentages
derived on page 28.
Step 4: Hollywood's share is the total sewer collection expense less the
amount derived in Step 3 for the other large users.
Proposed Methodology: f
Mr. Robert Creighton, Public Utilities Director, analyzed the existing sewage
transmission mains and pump stations that are dedicated to the Large Users and
has determined that this percentage is 18.5% (See pages 31A-B) . The remaining
81.5% is the City's share of the collection system.
-31-
City of Hollywood Large User Study
Determine the percentage of sewage transmission main and pump stations that are
dedicated to the Large Users.
I. Transmission Mains
A. Total City wide mains (as per City of Hollywood)
1. Gravity sewer - 162.5 miles
2. Force main 37.6 miles
TOTAL 200. 1 miles
B. Large User Mains - dedicated to large user only
1. Forcemain Gravity
Hallandale 24,060 l.f. 10,400 l.f.
Pembroke Park 12,360 l.f. 4,680 l.f.
Miramar 10,800 1.f. -
County 7,800 l.f. -
Dania 2,100 l.f. 1,200 l.f.
Pembroke Pines (*l) 9,072 l.f. -
Combined Large User (*2) 15.264 l.f. 5.280 l.f.
81,456 l.f. 21,560 l.f.
15.4 miles 4.1 miles
(*l) Assume 10% of this line is dedicated to the City of Hollywood
use.
(*2) Taft Street line - assumes only 80% used by large users.
2. Percentage of transmission mains dedicated to large users.
Total dedicated large user mains - 19.5 miles.
Total City of Hollywood mains - 200.1 miles
% — 19. 5 — 9.8%
200.1
3. 9.8% of all the City of Hollywood sewage transmission mains are
dedicated to the large users.
II. Sewage Pump Stations
A. Total City wide pump stations - total forty (40) .
B. Pump station affected by Large Users either through direct use of
requiring City of Hollywood lift station to pump against.
-31A-
II. Sewage Pump Stations (Continued)
Station Total Flow
A-1 1.50 MGD(*2)
A-12 0.20 MGD(*2)
W-27 3.77 MGD(*1)
W-15 2.27 MGD(*l)
W-30 0.73 MGD(*2)
W-11 0.85 MGD(*2)
E-8 0.68 MGD(*1)
E-6 1.28 MGD(*1)
W-14 1.00 MGD(*2)
12.28 MGD
(*l) Partially dedicated to Large User flows.
(*2) Pumps against Large User flow, therefore, part of 0 & M is
Large User.
C. Determine % dedicated to Large User.
Station L.U. Flows* Total Flow Ratio L.S.
E-6 0.52 MGD 1.28 MGD 0.41
W-15 1.17 MGD 2.27 MGD 0.52
W-27 1.17 MGD 3.77 MGD 0.31
E-8 0.68 MGD 0,68 MGD 1_00
2.24 LS
*Source City of Hollywood Utilities.
D. Assume 25% of the 0 & M cost of the remaining five lift stations are
attributable to the Large User system since they must pump against
Large User heads.
' 5 lift stations @ 25% - 1.25 lift stations.
E. Compute percentage of lift stations dedicated to servicing large users
either directly or indirectly.
1. Equivalent Lift Station
Directly used by L.U. - 2.24
Indirectly uscd by L.U. - 1.25
3.49 L.S.
2. Total City wide lift station - 40.
3. % - 3.49 - 8.7%
40
III. Determine percentage dedicated to Large Users.
A. Transmission main - 9.8%
B. Pump Station - 8.7%
Total dedicated to Large User - 18.5%
-31B-
ALLOCATION OF SEWER COLLECTION EXPENSES SCHEDULE 3
1 2
ACTUAL SEWER COLLECTION
9/30/88 ALLOCATION PERCENTAGE
------ ------------
A 8
LARGE USERS HOLLYWOOD
LINE NUI03ER DESCRIPTION COL.1 X .185 COL.1 X .815
---------- ------------------------------------------ ------------ ------------ ------------
SEWER COLLECTION
(BUDGETARY DIVISION 2202)
PERSONAL SERVICES
I SALARIES AND WAGES 1609.799 $112,813 $496,986
2 PAID LEAVE 4,339 803 3,536
3 ACCRUED LEAVE 19,194 3.551 15.643
A OVERTIME PAY 25,816 4,776 21,040
5 SOCIAL SECURITY 41,614 8,809 38.805
6 GENERAL PENSION 47,966 8,814 39,092
7 LIFE INSURANCE 2.496 462 2.034
8 HEALTH INSURANCE 80,486 14,890 65,598
9 DENTAL INSURANCE 2,475 458 2,017
10 WORKERS COMPENSATION 9.028 1,670 7,358
------------ ---------------------------
11 TOTAL 849,215 157,105 692,110
----------- ---------------------------
OPERATING EXPENSES
12 CLEANING/LAUNDRY 4,901 907 3,994
13 VEHICLE RENTAL-CENTRAL 147.276 27,246 120,030
14 TRAINING 2,904 537 2,367
IS TELEPHONE 21,743 1,022 17.721
16 COMMUNICATIONS SERVICES 9.029 1.670 7.359
17 ELECTRICITY 152,760 28,261 124./99
18 WATER 20,839 3,855 16.984
'*•*�' 19 LIABILITY INSURANCE 25.677 1,750 20.927
20 MAINTENANCE-EOUIPMENT 7.228 1.337 5,891
21 MAINTENANCE-MACHINERY 1.871 346 1,526
22 LOT MOWING B.181 1,569 6,912
23 OFFICE SUPPLIES 94 17 77
24 MOTOR FUEL/OIL 89 16 73
25 CONSUMABLE EQUIP/TOOLS 6,432 1.190 5,242
26 BUILDING MATERIALS 1.6/6 305 1,3/1
-32-
i
ALLOCATION OF SEWER COLLECTION EXPENSES SCHEDULE 3
1 2
ACTUAL SEWER COLLECTION
9/30/88 ALLOCATION PERCENTAGE
------------ ------------
A 8
LARGE USERS HOLLYWOOD
LINE NUMBER DESCRIPTION COL.1 X .185 COL.1 X .815
---------- ------------------------------------------ ------------ ------------ ------------
SEWER COLLECTION
(BUDGETARY DIVISION 2202)
27 MAINTENANCE-FACILITIES 34.508 6,384 28,124
28 MAINTENANCE-MAINS 6,739 1,247 5,492
29 MAINTENANCE-SERV CONN 5,370 993 4,377
30 JANITORIAL SUPPLIES 1,028 190 $38
31 MEDICAL SUPPLIES 38 7 31
32 CHEMICAL SUPPLIES 2,799 518 2.281
33 UNIFORMS 935 173 762
' 34 LICENSES/CERTIFICATIONS 868 161 707
------------ --------
35 TOTAL 463,256 85,702 377,554
CAPITAL OUTLAY
36 MOTOR VEHICLES 26.497 4.902 21,595
37 MACHINERY/EQUIPMENT 1,804 334 1,470
------------ ---------------------------
38 TOTAL 28,301 5,236 23,ue5
------------ ---------------------------
39 TOTAL SEWER COLLECTION $1,340,772 S248,013 51,092,729
—33—
CITY OF HOLLYWOOD, FLORIDA
EXPLANATION OF ALLOCATION OF UTILITY ADMINISTRATION EXPENSES
(APPLIES TO SCHEDULE 4)
Current Methodology:
Step 1: Expenditures are first allocated between water and sewer based on
the following formula:
Total Sewer Treatment and Collection Expenses
-------------------------------------------------------
Total Sewer Treatment and Collection Expenses Plus Total
Water Treatment and Distribution Expenses
Step 2: The result in Step 1 is then multiplied by:
Cost of Collection System Serving Hollywood and Large Users
-----------------------------------------------------------
Total Cost of Collection System
(Step 1 in the Sewer Collection Expenses, Page 31)
Step 3: The result in Step 2 is then multiplied by the actual flow percent-
age derived on page 28.
Proposed Methodology:
Step 1: Utility administration costs must be allocated between the two
divisions. The allocation percentages between the divisions were
determined by Mr. Robert Creighton, Public Utilities Director based
on the percentage of time each individual spends in each division:
Example: Page 36, line 1, Utilities Director, $64,595
Column: 2 Water .50
4 Sewer .50
r +� Step 2: Personnel costs were allocated based on the formula:
Total Salaries and Wages by Division
----------------------------- ------
Total Salaries and Wages
Example: Total salaries and wages - sewer, page 36,
line 7, column 5 $ 51 ,883
-------- - 0.3624
Total salaries and wages, page 36, line 7, 143,149
column 1
See reference (2) , page 36, line 7, columns 2 and 4.
-34-
Step 3: Operating expenses were allocated based on the formula:
Average of the Salaries' Percentages
------------------------------------
Number of Salary Categories
Example: Total Sewer Salary Percent-
ages, Page 36 , Lines 1-6,
Column 4 0.5 + 0.6 + 0.05 + .50 + .05 + 0.25
--------------------------- ---------------------------------- a 0.325*
Total Number of Salary
Categories, Page 36 6
*Line 8
-35-
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36-37
L
EXPLr SON OF ALLOCATION OF UTILITY ACCOUNTING EXPENSEF / \
i
(APPLIES TO SCHEDULES 5 AND 6)
Current Methodology:
Expenditures are first allocated between water and sewer based on the
formula:
Total Sewer Treatment and Collection Expenses
--------------------------------------------------------
Total Sewer Treatment and Collection Expenses Plus Total
Water Treatment and Distribution Expenses
The sewer percentage ratio is then modified recognizing that only a portion
of the sewer collection expenses is attributable to the Large Users. The
only expenditure item that is allocated to the Large Users is audit services,
as all other expenditures are deemed immaterial in relation to the Large
Users.
Proposed Methodology:
Step 1: Expenditures are first allocated between water and sewer based on
the following formula:
Total Sewer Treatment and Collection Expenses
--------------------------------------------------------
Total Sewer Treatment and Collection Expenses Plus Total
Water Treatment and Distribution Expenses
Example: Total sewer, page 41 , line 61, column 3 $5,711 ,912
------ _ .6107
Combined water and sewer, page 41, line 9,353,016 column 8
61, column 7
Step 2: The expenditures are allocated to the City and the Large Users based
on the following formula:
Total Sewer Treatment Times Flow Percentages Plus
Total Sewer Collection Times Use Percentages
-------------------------------------------------
_1C Total Sewer Treatment and Collection Expenses
Example: City's Allocation:
Total sewer treatment x flow percentages
page 41, line 61 page 28, line 8 $4,371 ,140 x .3849 = $1 ,682,452
Plus total sewer col- x share of collection
lection, page 41, system, page 31
line 61, column 2 $1,340,772 x .815 1 ,092 ,729
Sub-Total 2,775,181
Divided by: total sewer, page 41, line 61, column 3 r 5,711,912
Page 41, Line 61, Column 11 = .4859
The only expenditure item that is allocated to the large users is
audit services, as all other expenditures are deemed immaterial in
relation to the large users.
-38-
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CITY OF HOLLYWOOD, FLORIDA
EXPLANATION OF ALLOCATION OF CUSTOMER SERVICE EXPENSES
(APPLIES TO SCHEDULE 7)
Current Methodology:
Expenditures are first allocated between water and sewer based on the
formula:
Total Sewer Treatment and Collection Expenses
--------------------------------------------------------
Total Sewer Treatment and Collection Expenses Plus Total
Water Treatment and Distribution Expenses
None of these expenses are allocated to the Large Users as amount is
immaterial.
Proposed Methodology:
No change has been proposed to the current methodology.
P
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CITY OF HOLLYWOOD, FLORIDA
LARGE USER AGREEMENTS
ALLOCATION OF GENERAL FUND ADMINISTRATION EXPENSE
(APPLIES TO SCHEDULE 8)
Present Methodology:
Step 1: General Fund Administration expenses are currently allocated to water
and sewer at a flat rate of 4.52. This percentage was developed in
1972 based on the 1971 net book value of the utility system (gross
cost less accumulated depreciation) divided by the 1971 assessed
valuation of all property in the City of Hollywood.
Step 2: Allocation to Large Users and the City based on flow percentages.
Proposed Methodology:
Although the present methodology was approved by the court in Case #78-14562
(Judge Farrington) in the Circuit Court of the 17th Judicial Circuit in and
for Broward County, Florida in the matter of the City of Hallandale, a Florida
Municipal Corporation, Plaintiff vs. City of Hollywood, a Florida Municipal
Corporation, Defendant, dated April 13, 1982 (court decision) , it was decided
to analyze each segment of the general fund and establish an allocation method
that addresses the relationship with the utility fund.
Through September 30, 1991, general fund administration expense will be
allocated according to Page 53.
Commencing October 1, 1991, the general fund administration expense will be
comprised of two components :
(A) Departmental allocations as detailed on Page 54b
,R plus
(B) Payment in lieu of taxes for police and fire protection as detailed on
Page 54c
The departmental allocations will be updated periodically.
References:
(1) City Clerk - Total, $169,043 (Page 53, Line 3, Column 1)
(a) The election costs of $14,814 were deleted pursuant to the court
decision.
(b) As to the remaining costs of $154,229 (page 53, line 3, column 3) ,
the allocation percentage was based on the average of the following
two formulae:
(i) Number of water and sewer ordinances and
resolutions passed in fiscal 1987 14
— 5.9X
Total number of ordinances and budget
resolutions passed in fiscal 1987 236
-44-
(ii) Total fiscal 1988 water and sewer oper-
ating budget (budget page 167) — $17,266,000
---------- — 20. 35%
Total fiscal 1988 budget (budget page 1) 84,859,700
Average of (i) and (ii) 5.93% + 20.35%
------------- — 13.14%*
2 �s
*Page 53, line 3, column 4
(2) Code Enforcement - Total, $547,692 (Page 53, Line 5, Column 1)
Omitted as there is not discernible relationship with water and sewer
utilities.
(3) Finance Administration - Total, $234,601 (Page 53, Line 8, Column 1)
(a) The first step was to remove the salaries and wages and related
personnel costs of the Accountant III and Senior Accounting Clerk
positions and reallocate them to the general accounting division of
finance based on the following formulae:
Accountant III and Senior Accounting
Clerk salaries and wages $34,945 + $16,596
------------------------------- ----- ----------------- — 38.19%
Total finance administration salaries $134,976
and wages
(b) Removed 38.19% of personnel costs of $36,409 which equals $13,905.
(c) Total salaries and wages and personnel costs removed were $34,945
+ $16,596 + $13,905 which equals $65,446 (page 53, line 8, column
2)
(d) Step two was to allocate the remaining costs based on the following
formula:
Total fiscal 1988 water anti sewer oper-
ating budget (budget page 167) $17,266,000
---------------------------------------- — ----------- — 20.35%*
Total fiscal 1988 budget (budget page 1) 84,859,700 —
*Page 53, line 8, column 4
(4) Revenue Accounting - Total, $55, 057 (Page 53, Line 9, Column 1)
Omitted as there is no discernible relationship with water and sewer
utilities.
(5) Engineering - Total, $1,759,094 (Page 53, Line 14, Column 1)
(a) Omitted building inspection costs of $929,597 and traffic engineering
costs of $45,901 for a total of $975,498 (page 53, line 14, column
2) as there is not discernible relationship with water and sewer
utilities.
-45-
(b) Engineering administration of $783,596 (page 53, line 14, column 3)
allocated based on the following formulae:
1. Multiplied work hours available in a year (2,080) by percentage
of hours devoted to the Utility Department (as submitted by
Marshall Bergacker, Director of Engineering) .
2. The resultant allocated hours were then multiplied by each
employee's hourly rate.
3. Divided the total derived in step (b) 1. and 2. above of $211,136
($98,500 water, $112,636 sewer) by the total combined hourly
rate of entire division of $334.7 x 2,080 hours, or $696,176
which equals 30.32% (page 53, line 14, column 4) ; 14.14% water
and 16.18% sewer.
4. 30.32% of $783,596 equals $237,586 (page 53, line 14, column 5) .
5. 16.18% of 30.32% equals 53.35% (page 53, line 14, column 6) .
6. 53.35% of $237,586 equals $126,752 (page 53, line 14, column 7) .
7. Percentage of costs allocable to the Large Users and the City
based on expenditure account allocation, Schedule 6, page 41,
line 51, columns 10 and 11.
(6) Leisure service, sanitation, public works, human services, interfund
transfers and non-departmental omitted as there is no discernible
relationship with water and sewer utilities (page 53, line 18-22 and 24) .
Debt service (page 53, line 23) allocated in Section IV of this report.
(7) City Commission - Total, $225,576 (Page 53, Line 1, Column 1)
Allocated based on the average of the following two formula:
(a) Allocation percentage based on number of fiscal
1987 agenda items related to water and sewer
utilities 46.82
--------------------------- -------------------- ----- - 6.77%
Total number of fiscal 1987 agenda items of the 718 ----
City Commission meetings
(b) Total fiscal 1988 water and sewer budget
(budget page 167) $17,266,000
---------------------------------------- ------ --- -- - 20.35%
Total fiscal 1988 budget (budget page 1) 84,859,700 -----
Average of (a) and (b) 6.77% + 20.35%
------------- - 13.56% Page 53, Line 1, Column 4
2 -�
-46-
(8) City Manager - Total, $531,101 (Page 53, Line 2, Column 1)
Allocated based on the following formula:
Total fiscal 1988 water and sewer budget (budget
(budget page 167) $17,266,000
------------------------------------------- ---- ----------- — 20.35%
Total fiscal 1988 budget (budget page 1) 84,959,700 —
Page 53,
Line 2,
Column 4
(9) Legal - Total,$438,354 (Page 53, Line 4, Column 1)
Allocated based on the following formula:
Number of hours devoted to water and sewer utilities
(submitted by legal department) 1,560
----------------------------------------------- ----- --------- — 15%*
Number of attorneys times number of work hours
available in a year 5 x 2,080
*Page 53, Line 4, Column 4
(10) Grant Development - Total, $76,690 (Page 53, Line 6, Column 1)
Allocation percentage based no estimated man hours 1,560
spent on water and sewer related items to total --------- — 15%**
number of man hours 5 x 2,080
**Page 53, Line 6, Column 4
(11) Personnel - Total, $412,007 (Page 53, Line 7, Column 1)
Allocation percentage based on amount for water and sewer personnel over
the total amount for personnel for fiscal 1988.
Utilities Administration (a) $ 187,005
Water Treatment Plant (a) 946,932
Water Distribution (a) 941,946
Sewer Treatment (a) 1,802,129
Sewer Collection (a) 849,215
4,727,227
Divided by Total Personnel Amounts + $51,131,468
Equals
9.25% Page 53,
Line 7,
Column 4
(a) Financial Statement, Page D-11
47
(12) General Accounting - Total, $545,354 (Page 53, Line 10, Column 1)
Step 1: General accounting allocation percentage:
Number of fiscal 1987 water and sewer
check register transactions 8,002
-------- ------------------ ------ - 17.93%
Divided by the total number of fiscal
1987 check register transactions 44,630
Step 2: It was decided to allocate certain items within general
accounting based on an investment percentage developed as
follows:
Average water and sewer utility system
investments 39,439,523
------- - ------------------------------
---------- - 32.51%
Average total City investments 121,321,625
Beginning fiscal 1988 water and sewer
investments (9/30/88 financial state-
ments, page B-20) $ 38,933,748
Ending fiscal 1988 water and sewer in-
vestments (B -20) 39,945,298
78,879,046
Divided by 2 2
----- -------
Equals average fiscal 1988 water and
sewer utility system investments $ 39,439,523
Beginning total City investments (B-20) $116,208,407
Ending total City investments (B-20) 126,434,843
242,643,250
Divided by 2 T 2
------------
Equals average total City investments $121,32.1,625
Step 3: The Senior Accounting Clerk position in general accounting is
allocated 50% based on personnel function (see reference 11) and
50% based on the general accounting function.
Salary $ 55,347
Fringe benefits 17,533
-----
Total $ 72,880
50% Personnel $36,440 x 9.25% - 3,371
50% General Accounting $36,440 x 17.93% - 6,534
-48-
Step 4: The bookkeeping clerk position in general accounting is allocated
as follows:
Salary $ 91,820
Fringe benefits 33,867
Total $125,606
20% Investments $25,121 x 32. 51% — 8,167
20% Personnel 25,121 x 9.25% — 2,324
60% General Accounting 75,364 x 17.93% — 13,513
Step 5: Two positions from finance administration are added to the
general accounting department for allocation purposes. See
references 3 a, b and c.
The Accountant III position is allocated as follows:
Salary $ 34,945
Fringe benefits 9,428
Total $ 44,373
100% Investments $44,373 x 31.51% — 13,982
The Senior Accounting Clerk position is allocated as follows:
Salary $ 16,596
Fringe benefits 4,477
Total $ 21,073
50% Investments $10,537 x 32.51% — 3,426
50% General Accounting $10,536 x 17.93% — 1,889
Step 6: Overall allocation of general accounting is made as follows:
Total general accounting budget
(page 53, line 10, column 1) $545,354
Less 50% Senior Accounting Clerk
(Step 3*) (36,440)
Less 40% Bookkeeping Clerk (Step 4*) (50,242)
Plus 50% Senior Accounting Clerk
from finance administration
(Step 5*) 10,536
Total adjusted general accounting
to be allocated based on general
accounting percentage 469,208 x 17.93% — $ 84,129
-49-
L�
50% Senior Accounting Clerk (Step 3*) $ 36,440
20 X Bookkeeping Clerk (Step 4*) 25 ,121
Total allocated on personnel percent-
61.561 x 9.25X - 5,694
age
20% Bookkeeping Clerk (Step 4*) 25,121
100% Accountant III from Finance
Administration (Step 5*) 44,373
50% Senior Accounting Clerk from
Finance Administration (Step 5*) 10,537
Total allocated on investment percent-
age 80,031 x 32.51% - 26,018
Total (Page 53, Line 10, Column 3) $610,800 $115,841**
*Page 48
**Line 10, Column 5
Weighted Percentage $115,841 + $610,800 - 18.97%
Page 53,
' Line 10,
Column 4
(13) Data Processing - Total, $614,089 (Page 53, Line 11, Column 1)
(a) Identified items specifically related to water and sewer of:
(supplied by data processing administrator) .
Computer Operator I spends 6 hours of a 16-hour shift on water and
sewer.
e...
Computer Operator I salaries and benefits total $59,922 times 6/16
equals $22,471.
The Data Processing Administrator and Clerk III spends 10% of their
time on water and sewer utilities. Their total salaries and benefits
of $103,329 times 10% equals $10,333.
$22 ,471 + $10,333 - $32,804.
(b) Total data processing of $614,089 less specific allocations of
$32,804 (Step a) equals $581,285. $581,285 times general accounting
percentage of 17.93% [see reference (12) ] equals $104,224.
(c) $104,224 + $32,804 - $137,028 (page 53, line 11, column 5) .
(d) $137,028 of a total data processing budget of $614,089 equals 22.31%
(page 53, line 11, column 4) .
-50-
1�
(14) Purchasing - Total, $282,463 (Page 53, Line 12, Column 1)
Allocation percentage based on number of fiscal 1987 681
purchase orders issued for water and server divided — 14.15%
by total number of purchase orders issued in fiscal 4,814 Page 53,
1987 Line 13,
Column 4
(15) Retirement Administration - Total, $11,500 (Page 53, Line 13, Column 1)
Allocation percentage based on number of fiscal 1987 210___ — 35.84X
water and sewer employees to total number of fiscal __ 3,
1987 City employees, excluding police and fire Page 5 Line 53,
Column 4
(16) Growth Management - Total, $579,922 (Page 53, Line 15, Column 1)
An allocation of costs of growth management was made due to the fact that
this department impacts on the water and sewer utilities infrastructure
whenever a zoning change is made.
Allocation based on the following formulae (supplied by Assistant Director
of Growth Management) :
` (a) 10% of the assistant planner's time is spent on water and sewer
utilities. 10% of salaries and benefits of $72,850 equals $7,285.
(b) 1% of the assistant growth director's time is spent on water and sewer
utilities. 1% of salaries and benefits of $64,890 equals $649.
(c) $7,285 + $649 — $7 ,934
(d) $7,934 divided by total growth management personnel costs of $579,922
equals 1.37% (page 53, line 15, column 4) .
(17) Police and Fire - Total, $21,967,601 and $12,404,796 (Page 53, Lines 16 and
17, Column 1, Respectively)
An allocation of costs was made pursuant to the court decision. Allocation
percentage based on the cost of the plant (gross of accumulated deprecia-
tion) , adjusted for the consumer price index, over the total tax roll for
the City of Hollywood.
(a) Multiplied book value of system at September, 1971 of $34,150,876 times
2.66 equals $90,841,330 (see page 52) .
(b) Net plant additions from September, 1971 through September, 1988 equal
$63,448,507.
(c) 1971 costs with inflation factor of $90,841,330 plus net plant additions
with inflation factor of $94,327,523 equals $185,168,853.
(d) Adjusted plant costs of $185,168,B53 divided by the September, 1988
property tax roll of $3,918,695,112 equals 4.73%.
51-
CITY OF HOLLYWOOD, FLORIDA
PLANT COSTS ADJUSTED FOR INFLATION FACTOR
CHANGE
IN ENR (1) PLANT
CONSTRUCTION ADDITIONS TOTAL PLANT
YEARS COST INDEX FOR YEAR ADDITIONS
Inception - 1971 2.66 34,150,876 90,841,330
1972 2.4 396,572 951,773
1973 2.23 248,413 553,961
1974 2.00 5,824,016 12,113,953
1975 1.91 4,789,907 8,380,587
1976 1.75 133,689 233,956
1977 1.84 27,462,316 45,038,198
1978 1.52 272,990 414,945
1979 1.4 887,633 1,242,686
1980 1.34 342,820 459,379
1981 1.28 (28,246) (36,155)
1982 1.18 2,503,019 2,953,562
1983 1.11 7,911,968 8,782,284
1984 1.00 1,118,521 1,208,003
1985 1.07 2,812,051 3,008,895
1986 1.05 2,025,516 2,126,792
1987 1.03 4,879,418 5,025,800
1988 1 1,868,904 1,868,904
97,599,383 94,327,523
-�-a— 90,841,330
185,168,853
(1) Engineering News Record
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Police and Fire
Based on the settlement negotiations with the Large Users, the following
allocation methodology was formulated:
The wastewater treatment plant and the wastewater collection system costs were
indexed by the Engineering News Record Index to develop a current value. These
costs will be re-indexed on an annual basis. 100% of the indexed cost of the
wastewater treatment plant plus 18.5% of the wastewater collection system
indexed cost equals the indexed value.
Accumulated depreciation was imputed at the same ratio as actual book
accumulated depreciation to book costs.
This derived assessed value is then multiplied by the City's property tax
millage rate (less debt service component) (to be updated annually) times a
factor of 1.5.
Annual additions to the costs of the wastewater treatment plant and collection
system will be included in the indexing of the historical costs, with the
exception of the proposed plant rehabilitation and expansion work.
In addition to the payment in lieu of taxes calculated herein, an additional
kN amount will be added for cost increases in police and fire expenditures
computed as follows:
Example: Actual Police and Fire Expenditures:
1989 $24,432,927
1988 21,967,601
Increase $ 2 ,465,326
Percentage Change 11.22%
Hypothetical payment in lieu of taxes $ 528,757 (Page 54c)
Plus percentage change add-on:
11.22% x $528,757 equals 59.327 (Page 54c)
Total payment in lieu of taxes $ 588,084
-54a-
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CITY OF HOLLYWOOD, FLORIDA
EXAMPLE OF ALLOCATION OF GENERAL FUND ADMINISTRATIVE COSTS
TO THE WASTEWATER DIVISION OF THE WATER AND SEWER FUND
ORIGINAL INDEXED
COST VALUE
LINE NO,
1. Cost (Page 54e) $44.9i 1� 1,468 $90,982,110
2. Accumulated depreciation
$13, 162,219
3. Imputed accumulated depreciation (Page 54e)
27 , 546,582
63,435,528
4. Taxable value of wastewater system
5. Millage rate (less debt service) times 1.5
8.33535
6. Sub-total payment in lieu of taxes (Line 5 X Line 6)
528,757
7. Percentage change increase in police and fire (Page 54a)
59,327
8. Detailed calculations of departments other than Police & Fire
565.222
$ 1,153,306
9. Total payment in lieu of taxes
10. Allocation of payment in lieu of taxes based on flows to:
A. Hollywood @ 38.49 of Line 9 $ 443.907
B. Large Users other than Hollywood @ 61.51 of Line 9
$ 709,399
-54c-
r
CITY OF HOLLYWOOD, FLORIDA
INDEXED SEWER PROPERTY, PLANT & EQUIPMENT
(1) (2) (3) (4)
INDEX INDEXED ACCUMULATED
YEAR ACQUIRED COST FACTOR COST DEPRECIATION
SEWER TREATMENT PLANT:
1931 $ 1,943 24.70 $ 47,992 $ 1,943
1956 339,207 6.46 2,191,277 285,166
1960 6,385 5.43 34,671 4,616
1961 93,392 5.28 493,110 -
1963 10,277 4.96 50,974 10,277
1966 6,438 4.39 28,263 3,688
1968 5,898 3.87 22,825 3,983
1969 2,067,740 3.52 7,278,445 977,869
1970 2,516,095 3.23 8,126,987 1,293,341
1971 279,075 2.83 789,782 133,050
1972 107,758 2.55 274,783 44,383
1973 4,469 2.34 10,457 4,280
1974 3,888 2.21 8,592 3,871
1975 21,852 2.02 44,141 21,852
1976 23,737,923 1.86 44,152,537 6,916,814
1977 39,805 1.73 68,863 39,805
1978 933,209 1.61 1,502,466 37,391
1979 413,749 1.49 616,486 225,072
1980 62,002 1.38 85,563 37,883
1981 187,145 1.26 235,803 43,058
1982 210,867 1.17 246,714 90,623
1983 553,798 1.10 609,178 93,468
1984 926,013 1.08 1,000,094 131,958
1985 545,929 1.07 584,144 60,264
1986 95,726 1. 13 108,170 37,461
1987 99,271 1.09 108,205 24,519
1988 5,904,804 1.04 6, 140,997 276,370
1989 503, 248 1.00 503,248 8,875
SUB-TOTAL 39,677,934 75,364,767 10,811.880
Accumulated Depreciation Ratio
Column (3)/(1) - 1.90;
Column (4) x 1.9 20,542,572
SEWER COLLECTION SYSTEM:
1954 187,053 7.12 1,331,817 158,605
1955 1,631,215 6.77 11,043,326 1,424,256
1956 996,353 6.46 6,436,440 819,810
1957 233,875 6.18 1,445,348 189,170
1958 558,936 5.89 3,292,133 459,215
1959 764,874 5.61 4,290,943 554,980
1960 52,407 5.43 284,570 37,885
1962 46,001 5.13 235,985 28,420
1963 2,703,601 4.96 13,409,861 1,826,879
1964 255,755 4.78 1,222,509 159,539
1965 10,002 4.60 46,009 5,980
1966 561,739 4.39 2,466,034 444,145
1967 160,463 4,18 670,735 116,282
1968 210,838 3.87 815,943 109,494
-54d-
L�
r
CITY OF HOLLYWOOD, FLORIDA
INDEXED SEWER PROPERTY, PLANT 6, EQUIPMENT (CONTINUED)
(1) (2) (3) (4)
INDEX INDEXED ACCUMULATED
YEAR ACQUIRED COST FACTOR COST DEPRECIATION
SEWER COLLECTION SYSTEM:
1969 424,045 3.52 1,492,638 224,482
1970 2,385,287 3.23 7,704,477 1,103,823
1971 285,004 2.83 806,561 127,658
1972 107,051 2.55 272,980 83,826
1973 43,104 2.34 100,863 39,613
1974 3,741,988 2.21 8,269,793 1,395,320
1975 4,045,665 2.02 8,172,243 1,780,864
1976 61,561 1.86 114,503 52,765
1977 921,815 1.73 1,594,740 283,131
1978 66,978 1.61 107,835 42,519
1979 9,794 1.49 14,593 5,613
1980 176,951 1.38 244,192 40,633
1981 55,093 1.26 69,417 12,605
1982 2,126,289 1.17 2,487,758 376,021
1983 2,470,077 1.10 2,717,085 366,006
1984 930,996 1.08 1,005,476 188,730
1985 628,460 1.07 672,452 65,121
1986 751,533 1.13 849,232 118,949
1987 366,009 1.09 398,950 45,231
1988 297,796 1.04 309,708 14,660 - �
1989 _ 20,918 1.00 20.921 2. 303
SUB-TOTAL 28,289,526 84,418,070 12,704,533
PERCENTAGE ATTRIBUTABLE TO LARGE USERS f
OTHER THAN HOLLYWOOD 18. 5% 18.5% 18.5%
SUB-TOTAL _ 5,233,562 15,617,343 2,350,339
Accumulated Depreciation Ratio
Column (3)/(1) - 2.98; 7.004.010
Column (4) x 2.98
TOTALS $44, 911,468 $90,982, 110 $27,546,582
-54e-
SECTION IV: DEBT SERVICING
This section illustrates the methodology and formulae used in allocating debt
service costs:
• To the City.
• To the Large Users.
Based on actual flows (projected at time of report issuance) (Schedule 11)
(page 58) for the following present bond issues:
• 1962 Sewer Revenue Bonds (Schedule 9) (Page 56)
s 1967 Sewer General Obligation Bonds (Schedule 10) (Page 57)
• 1971-A Water and Sewer Revenue Bonds (Schedules 12-13) (Pages 59-60)
• All future debt servicing requirements applicable to all new bond
issues attributable to expansion will be allocated in accordance with
the difference between the actual flaws as of September 30, 1989 and
the Large User's projected average daily flow for the fiscal year
1999-2000 (we have used the fiscal year 1988 flows for illustrative
purposes only) as detailed in Schedules 14 and 15 (pages 61-62) . All
new bond issues for upgrading and improvements will be allocated based FI
on actual flows. Future transmission projects will be allocated on the
proportioned costs based on designed projected flows of the new
transmission facilities.
And an allocation of annual depreciation on plant for facilities constructed
from other than bond proceeds (Schedule 16) (pages 63-66) .
-55-
SCHEDULE 9
1962 SEVER REVENUE BONDS
ALLOCATION OF ANNUAL DEBT SERVICE PAYMENTS
------------------------------------------------
COST ALLOCATED TO PEMBROKE PARK $1'181153
--------------------------------------- ------ ' 18.79%
TOTAL EOND PROCEEDS $1,800.000
NOTE; ONLY PEMBROKE PARK SHARES TN THIS DEBT SERVICE
PERCENTAGE ANNUAL MONTHLY
OF DEBT DEBT DEBT
LARGE USERS SERVICE SERVICE SERVICE
------------- -------------- ------------ ------------
HCLLY900D 81.215 1160,196 $13,350
PEMBROKE PARK 18.79% 37,066 3,089
-------------- ------------ ------------
TOTALS =_ _-_-100.00% 1197 62 '-$16.439
-56-
67 Hiz.; SEN. 58LT5AT;ON BDNOS
A__3CAtlnt DF AN,N'lh DEBT 5ERVICE PAYMENTS SCHEDULE !0
-------------------------------------- ------ --------------
PERCENT PROJECTED PERCENT ANNUALL----- --------
MONTHLY
:A58E J5E;5 TOTAL PLANT PERCENT ANN. DEBT
F:ONS 1967 BONDS E DEBT DEBT
SC:HED! E :;�
SERVICE SER'�10E SERVICE
-----------------------------------------------------------------------------------------------------------
i
BKU ASD COUNTY S,SUX IUO,UCX S.SOL
,,900 f1.65
DANIA 8,63X 100.00%
• 8.63X 34,363 i.564
EF.L:AIIDALE Io.81X 1i0,0X 16.911
bb,93- 5.578
MIRAMAR II.37X 100.001 11.371 45.271
3,773
FE°BRORE PARK 1.967 100.001 1.96.1 7,604
650
PEwBRD1r DINE: 17,16, 100.061 17.19% ,
B 406 Z,7UO
HOLLY41OD 38.551 100.00X 38.S5X 153,496
------------ 11,191
----------- --------
TOTAL 100.00X 100.01 0398,175 f33,!81
----------- --------
F
—57—
_114 Df HOLLYWDOi'. FLORID^ SCHEDULE 11
DEBT SEAVIZINE B-'-n ON PROJECTED FISCAL YEAR I939 FLOW PERCENTAGES
1989
PROJECTED
LINE NUMBER LARGE USER FLOWS (MGD) PERCENTAGE
------------ ----------------- ------------ -------------
1 BROWARU CCLINTY i.963 5.501
2 DANIA 3.077 E.63'L
3 HALLANDALE 5.995 16.811
4 MIRAMAR (A) 4.055 11.371
5 PEMBROKE PARK 0.692 1.961
6 PEMBROKE PINES 6.128 17.181
_- 1 HOLLYWOOD 13.747 38.551
y
8 TOTALS 35.663 100.005
(A) ANNUAL ADf EAST OF FLAMINGO
-58-
!9'!-A NATEF 4 SEWER RE'rENUE BONDS CA!C. OF DEBT SCHECULE :.
SE-criCE F9RTICIF'ATIOM SERER TREAT"EMT PLANT ME
---------------------------------------------------------------------------------------------------------------------------
11)
LHF- ' SERS PE ,:ENT
L G. REST AREA
FRO:ECTS (4) (5) (6)
.ALLOCATED TO 12) (3) it f 2 r3) !COLUMN 4 1 (COL 5112)
NON-HCLLYROOD PERCENT (100% - COL. TOTAL COLUMN 5 TOTAL) MONTHLY
LARGE USERS OF PLANT HOLLYWOOD PERCENT AMAL DEBT DEBT
iFTM; 15:HE.,0LE 13) RETbIL 5HARE SEE'V1CINE SERVICIN6
--------------------------- ------------ ------------ ------------ ------- ----------------------------
5i:21AR8 O0iY 1.021 2.01 3.651 44E.990 $4,082
BANiA 0.131 4.121 4.251 57,044 4,754
5AL ANDA.c 0. 11 8.041 9.351 112.074 9,340
MIRAtAR 4.521 5.441 10.0% 1-04,488 11,207
- P-MBROKE PA-nK 0.001 0.941 0.94% 12,617 1,051
F_wupG?'E F';4ES 6.2'S1 8.221 14.471 194,216 16.185
SUB-TSTAL 41.691 559,429 46.619
HC'L!YGOCO 0.001 19.441 39.881 58.321 782.771 65.231
----- ----- ----- ----- ---------- ----------
iOTA- 12.291 41.831 39.8E1 100.001 41.342.200 $111.950
—59—
;c;1 A WATEn 8 SSHE REVENUE BONDS CALC. OF OEBT SC9EDi4E 13
SERV;CE FAR"i:iPAiION SEER TR'EATMEN'. PLANT MCIIFICATIUNS
----------------------------------------------------------------''---------------------------
(A) (C)
PERCENT (B) (A I B)
LAFcE USE4S iUTAL F".F.NT PERCENT PERCEI;'
14Bi PRUJECiEi FLUWB OF 1471—A OF
ISCHED•!LE I!) BONDS (11 PLANT
------------------------ ------------ ------------ ------------
6P.ONARD COUKTY 5.5'. 47.8 71 2.6
DAN1A 5.631 47.81% 4.121
HALL AND_c 16.811 47.83I 8.041
MIR Alm AR II.371 7.8:I 5,441
FE4BR0!:E FARM. 1.961 47.831 6.94,
FEMEROKE PINES 17.19I 47.831 B...i
HOLLYWOOD 36.S5I 47.831 18,44,
------------ ------------
TDTA: 100.001 ==47.K!
;) BOHC PAD:EEDS REOUIRED 44,376,20E 6
TOM BOND PFU:EEDS $19,60 .00O
—60—
C-Y OF NO!!!'iOCD. FLuR!DA SCHEDULE 14
D-F 3ERVICIN5
0) in) (C) iDl
19;' ACTJAL 2iid' (D-A! EACH USER/
!kF.EE 6— FLONE ("SC'! FLOKS (MSG) EXCESS (MSD) TRIAL
--------- ----------- ----------- ------------ ----------
DRONARD COU!u Y 1.576 4.200 2.324 15.03I
DANiA 2.954 4.700 1.746
HA!_ANDALE 5.190 6.610 0.56 S,Sc1
MiRr.MAR 4.029 5.JOO 1.471 9.521
FE°ERDY.E PARR 0.67! 1.000 0.329 2.131
FEMEROKE FINES 5.926 10.000 4.074 26.351
HOLLYWOOD 13.794 17.9JO 4.656 30.121
------- ------- -------- --------
34.540 50.000 15.460 100.0007.
(1) COLUMN (Dl REPRESENTS LAPSE L'KP. EXCESS FL 4 REDL'IRcMENTS REFLECTED
IN COLUMN (C) DIVINED FY 15.460 MD
(2) 1923 ACTUAL ROWS KILL DE SUPPLANTED NI• MOST RECENTLY AVAILABLE DATA AT
TIME RELEVANT DENT SERVIC!NO COMMENCES.
—61—
L�
DEST 5..'iiC!NS ON RE610% WASTEWATER E1F'AN3!DN
ESTIMATES ES?ICF.TED f!SCP.L YEAF. !989 'oAL_ONASF FLOWS
PROPOSE" f9!.000.200 WA57EWATER REVENUE WINDS
EIF'ANS"N TO 50 M60 AND REHABILITATION WOR1:
--------------------------------------------------------------------------------- SCHEDULE
— ------ -
(B) (C) (D) (E)
(D ! E) (A I TOTAL) (B t TITAI
E3TIM4TEC' INCREASED FLOW ESTIMATED DEBT
PERCENT FERCENTA6E L DFFT
LAR5E USER- ANNUAL SF IV:[: SERVICE
TOTAL PLANT FROM !?86 TO DEPT ATTRIBUTED TO ATTP.IEUTED TO
FLOWS 2000 SERVICIN6 (1) IMPROVE. WORK (2) EXPAN3!DN i2)
(3C4EOULE 11) (SCHEDULE 14)
------------ -----------
------------- ----------------- ------------
RUARD COUNTY 4.501 15.G31 f%4:,999
$181,322 f46U,6T
DANIA 9.611 11.291
. ,.46J 44!,421 346.044
HA:IANOA.E 16.811 5.561 1,G 0,241
859,824 170,417,
MIRAMAR
� 673,06. 581,57U 291 J92
PEMBROI:E F'AR)' L961 2,131 145,538, IGU,253 KIM
PEMWROY.E PINES I1.iS1 26. 51
11656.359 878,749 8D7,640
HDuYWOBC' J5.551 30.!21 1.—.067 !,911,915
------ ------- 92:,1?2
----------- 5-----------------TOTAL 100.001 100.001 f8,180,00c, -----------
f ,114,954 f3,065,046
(U TO BE P.DRVED TO AC'!AL DEBT SERV!CINS WHEN F!NALIIED.
(2) ALLOCATIONS OF COSTS FOR IMPROVEMENTS AND EIPANSION DETERMINED BY HAIEN f SAWYER.
—62—
J
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-63-
4.:O'a7iON OF ANNUAL DEPREC!A'ION ON PLANT FOk SCHEDULE 16
FAC!LiT!Ec CONSTRUCTED FROM OTHER THAN FOND PROCEE:S PAGE
------------------------ ------------ ------------------------
!i93 PERCENT PERCENT; PERCENT
:AAcE LEEPS TOTAL PLAN' PLANT OF ANNUAL DEPN
FLOWS TOM FAC. ALLOCATION
iSCHEDI�E !1
------------------------ ------------ ------------------------
c a p,RI, C0U4TY 5.437. 7.971 0.431
fn4iA 9.5:". ;.9iZ 0.62X
Hr-:A!iDALE 16.1iZ 7.977. 1.34E
M!EAMAR 11.67Z 7.97Z 0.931
FE SFOt;E PART; 1.941 7.91Z O.15Z
PEMEROt;E FIN" 17.16% 7.9% I.37X
HOLLYWOOD 39.49Z 7.971 3.07X
------------ ------------
TDTAL 57.591 4.59%
-64-
1�
ALLOCATION OF ANNUAL DEPRECIATION ON PLANT FOR SCHEDULE 16
FACILITIES CONSTRUCTED FROM OTHER THAN BONO PROCEEDS PAGE 3
13TH AVENUE TRUNK 8U10 FROM OTHER THAN BOND PRO(EEDS
------------------------------------------------------------------------------------------
A B C 0
MAX PERCENT PERCENT (B I C)
LARGE USERS FLOW TOTAL iRUNK TRUNK OF PERCENT OF
RATE CAPACITY TOTAL FACILITY ANNUAL DEPRECIATION
------------------------------------------------------------------------------------------
HALLANDALE 12.8 55.65 36.93 39.40%
HOLLYWOOD 10.2 44.35 88.33 49.43X
23.0 100.0 8:,.53%
---- ----- -----
---- ----- -----
-65-
ALLOCATION OF ANNUAL DEPRECIATION ON PLANT FOR SCHEDULE 16
FACILITIES CONSTRUCTED FROM OTHER THAN BOND PROCEEDS PAGE 1
I4TH AVENUE TRUNK
------------------------------------------------------------------------------------------
A B C 0
MAX PERCENT PERCENT (B X C)
LARGE USERS FLOW TOTAL TRUNK TRUNK OF PERCENT OF
RATE CAPACITY TOTAL FACILITY ANNUAL DEPRECIATION
----------------------------------------------------------------------------------------
DANIA 2000 GPM 28.57 3.20 2.291
HOLLYWOOD 5000 GPM 71.43 3.20 0.911
100.00 3.201
-66-