HomeMy WebLinkAboutResolution 1994-26•
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RESOLUTION NO. 94 -26
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; PERMITTING THE SEWAGE
FRANCHISE AGREEMENT BETWEEN THE CITY OF CAPE
CANAVERAL AND THE CANAVERAL PORT AUTHORITY TO
EXPIRE AT THE END OF ITS TERM; DIRECTING THE
CITY ATTORNEY TO PROVIDE NOTICE OF THE
EXPIRATION OF THE SEWAGE FRANCHISE AGREEMENT
TO THE CANAVERAL PORT AUTHORITY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral and the Canaveral Port
Authority entered into that certain Sewage Franchise Agreement on
or about April 22, 1970;
WHEREAS, said Sewage Franchise Agreement has a term of thirty
(30) years and will expire on April 21, 2000;
WHEREAS, the City of Cape Canaveral is in the process of
upgrading its sewage treatment plant to comply with legislative
mandates regarding the treatment and disposal of sewage effluent;
WHEREAS, the City of Cape Canaveral will incur significant
expenditures in the modification of its sewage treatment plant
facilities as the result of said legislative mandates;
WHEREAS, in order to properly plan the modification to its
sewage treatment plant facility, the City of Cape Canaveral must
have a reasonable estimate of the amount of sewage it must treat on
a daily basis for the next thirty (30) years;
WHEREAS, the City of Cape Canaveral must receive adequate
payment to reserve capacity in its sewage treatment plant
facilities from its users;
WHEREAS, the City of Cape Canaveral and the Canaveral Port
Authority have been unable to agree on terms for a successor sewage
franchise agreement, including payment for reserved capacity,
pretreatment standards, responsibility for enforcement of federal
and state environmental guidelines and other material terms; and
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City of Cape Canaveral, Florida
Resolution No. 94 -26
Page 2
WHEREAS, the City of Cape Canaveral desires to provide the
Canaveral Port Authority with sufficient notice of its intent to
permit the expiration of the current Sewage Franchise Agreement to
allow the Canaveral Port Authority sufficient time to plan for the
acquisition of substitute sewage treatment facilities.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City
of Cape Canaveral, Brevard County, Florida, as follows:
SECTION 1. The City Council of the City of Cape Canaveral,
Florida has determined that the City of Cape Canaveral is unable to
continue to treat the sewage generated from persons and entities
located within the political boundaries of the Canaveral Port
Authority consistent with federal and state environmental standards
pursuant to the terms contained in the Sewage Franchise Agreement
of April 21, 1970 without incurring a significant risk of penalties
and fines. The City further determines that modifying its sewage
treatment facilities for a capacity to treat sewage generated by
persons or entities located within the political boundaries of the
Canaveral Port Authority would incur costs to the City of Cape
Canaveral for which the City of Cape Canaveral and the Canaveral
Port Authority are unable to agree on an amount and a method of
payment satisfactory to the City of Cape Canaveral.
SECTION 2. The City Council of the City of Cape Canaveral
hereby determines that continuation of an agreement to treat and
dispose the sewage of the Canaveral Port Authority beyond the
expiration of the current Sewage Franchise Agreement which expires
on April 21, 2000 is not in the best interests of the City of Cape
Canaveral. The City Council determines that providing the
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City of Cape Canaveral, Florida
Resolution No. 94 -26
Page 3
Canaveral Port Authority with notice of the City of Cape
Canaveral's decision to permit said Sewage Franchise Agreement to
expire and not to seek the execution of a successor Sewage
Franchise Agreement will permit the Canaveral Port Authority ample
time to acquire replacement facilities for sewage disposal.
SECTION 3. The City Attorney is hereby directed to provide
written notice to the Canaveral Port Authority of the decision of
the City of Cape Canaveral to permit the current Sewage Franchise
Agreement to expire on April 21, 2000 and to formally terminate
negotiations for a successor Agreement.
SECTION 4. If any section, paragraph, phrase, or word of
this Resolution is held to be unconstitutional or invalid, such
portion shall not affect the remaining portions hereof and it shall
be construed to have been a legislative intent to pass this
Resolution without such unconstitutional or invalid part.
SECTION 5. The effective date of this Resolution shall be
immediately upon adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 7th day of June , 1994. �.t� 1, j elf
r
ATTEST:
6b-
Faith C. Miller,
Appraftd as ° 'aFbrm:
ITT,' CLERK
John R I ancisla, CITY ATTORNEY
lamone, MAYOR
BERGER
PORTER
RANDELS
SALAMONE
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