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HomeMy Public PortalAbout09-22 Atlas Packaging Inc i st Reading: 10/2 8/2009 2nd Reading 1 1 /12/2009 Public Hearing 1 1 /12/2 0 0 9 Adopted: 1 1 /12/2 0 0 9 Effective Date: 1 1 /12/2 0 0 9 Sponsor: City Manager ORDINANCE NO. 09—22 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ATLAS PACKAGING, INC. AND SHIELDS LLC FOR WASTEWATER INFRASTRUCTURE IMPROVEMENT RELATED TO THE REHABILITATION OF PUMP STATION NO. 14, AT A COST NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS $200,000.00; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Opa-locka ("City") is actively exploring all possibilities and the City Manager has tentative plans to address infrastructure repair and upgrades for the City's pump stations; and WHEREAS,Pump Station No. 14 is presently operating at capacity which makes it difficult to handle additional sewage flows from expanding or new businesses; and WHEREAS,Atlas Packaging,Inc. and Shields LLC("Atlas"),have offered to rehabilitate the City's sewer Pump Station No. 14 in order to provide the needed capacity for their proposed facility expansion; and WHEREAS, Atlas has offered to rehabilitate Pump Station No. 14 prior to the city taking such action as a part of the City's Capital Improvement Plan; and WHEREAS,the estimated cost to fully rehabilitate Pump Station No. 14 is approximately Two Hundred Thousand Dollars ($200,000.00); and Ordinance No. 0 9—2 2 WHEREAS, Atlas has offered to initially pay the cost of the rehabilitation project and the City would reimburse Atlas for the costs of the project over a two (2) year period; and WHEREAS, the City Manager is recommending that the City Commission of the City of Opa-locka authorize the City Manager to enter into an agreement with Atlas for wastewater infrastructure improvements related to Pump Station No. 14; and WHEREAS, the City Manager recommends that this item not be procured as it is advantageous to pursue said agreement with Atlas and time is of the essence. THE COMMISSION OF THE CITY OF OPA-LOCKA HEREBY ORDAINS: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes the City Manager to enter into an Agreement with Atlas Packaging, Inc. for wastewater infrastructure improvements related to the rehabilitation of Pump Station No. 14,attached hereto as Exhibit"A",at a total future cost to the City not to exceed Two Hundred Thousand Dollars ($200,000.00) and payable over a two (2) year period. Section 3. All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. If any section,subsection,sentence,clause,phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. This Ordinance shall, upon adoption, become effective as specified by the City of Opa-locka Code of Ordinances and the City of Opa-locka Charter. • Ordinance No. 0 9—2 2 PASSED AND ADOPTED this 12 day of NOVEMBER , 2009. JOSEPH L. KELL Y MAYOR Attest: Approved as to form and legal sufficiency: 1Q ice' dP 2 Debora S. Irby Burnadette Norris/Weeks City Cler• City Attorney Moved by: HOLMES Seconded by: JOHNSON Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: NOT PRESENT Vice-Mayor Taylor: YES Mayor Kelley: YES