HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-0461
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Temp. Reso. # 12020
May 11, 2011
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2011- Tf"
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA APPROVING THE PROPOSED
TWELFTH AMENDMENT TO THE INTERLOCAL
AGREEMENT WITH BROWARD COUNTY FOR SOLID
WASTE DISPOSAL SERVICES THAT WILL ESTABLISH
TIPPING FEES, RATES, AND SERVICE CHARGES AND
PROVIDE FOR REVENUE SOURCES SUFFICIENT TO FUND
THE RESOURCE RECOVERY SYSTEM AND THE
MAINTENANCE OF THE DISTRICT; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE SAID
AMENDMENT AND TAKE ALL STEPS NECESSARY TO
EFFECTUATE THE INTENT OF THE RESOLUTION;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac, through an Interlocal Agreement with Broward
County for Solid Waste Disposal Services (Interlocal Agreement) is a member and one of
the Contract Communities that make up the Broward Solid Waste Disposal District
(District), the Interlocal Agreement is incorporated herein by reference and on file in the
office of the City Clerk; and
WHEREAS, the proposed Twelfth Amendment to the Interlocal Agreement (a copy
of the Proposed Twelfth Amendment is attached hereto as Exhibit 1) establishes tipping
fees, rates, and service charges and provides for revenue sources sufficient to fund the
maintenance of the District; and
WHEREAS, the proposed Twelfth Amendment would eliminate the annual automatic
CPI Increase to the Tipping Fee; and
Temp. Reso. # 12020
May 11, 2011
Page 2
WHEREAS, the Director of Public Works recommends approval of the Twelfth
Amendment to the ILA; and
WHEREAS, the City Commission of the City of Tamarac finds that the approval of
the Twelfth Amendment to the ILA is in the best interest of the City of Tamarac and its
residents, businesses, and visitors.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof. All Exhibits attached hereto are hereby incorporated herein and
made a specific part of this resolution.
SECTION 2: The City Commission hereby approves the Twelfth Amendment
to the Interlocal Agreement, attached hereto as "Exhibit 1 ", and authorizes the appropriate
City Officials to accept and execute the Amendment to the Interlocal Agreement and to
take all steps necessary to effectuate the intent of this resolution.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions
1
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Temp. Reso. # 12020
May 11, 2011
Page 3
or application, and to this end the provisions of this Resolution are declared to be
severable.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 1/. day ofj' /d , 2011.
ATTEST:
ETER M. J. RIC ARDSON, CRM, CMC
CITY CLERK.
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APPROVED THIS RESOLUTION
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SAM`(JEL S. GORI
CITY ATTORNEY
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PAMELA BUSHNELL
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RECORD OF COMMISSION VOTE:
MAYOR BUSHNELL_
DIST 1: COMM. SWENSON L
DIST 2: V/M GOMEZ C'
DIST 3: COMM. GLASSE
DIST 4: COMM. DRESSLER
TWELFTH AMENDMENT
This Twelfth Amendment is dated for convenience as February 17, 2011, to the
Interlocal Agreement with Broward County for Solid Waste Disposal Services ("Interlocal
Agreement"), dated for convenience as November 25, 1986, by and between Broward County, a
political subdivision of the State of Florida, by and through its Board of County Commissioners,
("COUNTY") and Municipalities who are parties to the Interlocal Agreement ("CONTRACT
COMMUNITIES"),
WITNESSETH
WHEREAS, the Interlocal Agreement between the County and the Contract Communities
provides for operation of a Resource Recovery System within Broward County and,
WHEREAS, the Interlocal Agreement provides that the principal funding for the
Resource Recovery System within Broward County is derived from tipping fees for disposal of
Processable Waste and,
WHEREAS, the tipping fees are set by the Resource Recovery Board pursuant to a
formula provided in the Interlocal Agreement which escalates automatically based upon a
consumer price index which is unrelated to the cost of the operation of the Resource Recovery
System within Broward County and the Broward Solid Waste Disposal District and,
WHEREAS, the Resource Recovery Board wishes to set the tipping fees for disposal of
Processable Waste based upon the actual cost of maintaining and funding the Resource
Recovery System within Broward County and the Broward Solid Waste Disposal District.
Now therefore in consideration of the mutual terms, conditions, provisions, covenants
and payments hereinafter set forth, the parties agree as follows:
(1). Effective October 1, 2011, Sections 6.1 and 6.2 of Article 6 of the Interlocal
Agreement between Broward County and the Contract Communities, shall be amended to read
as follows:
Tipping Fees and Service Charges
6.1 County and Contract Communities agree that the Resource Recovery
Board shall establish tipping fees, rates and other service charges and provide for
revenue sources sufficient to fund the Resource Recovery System and the maintenance
of the District. This shall include funding for all obligations of the District, including, but
not limited to, all bonded indebtedness of the Resource Recovery System and Service
Agreements in the name of Broward County or the District. All tipping fees shall be
approved by resolution of the Resource Recovery Board and shall not be more than
reasonably necessary for the actual costs of providing for the Resource Recovery
System. Tipping fees for the disposal of Processable Waste shall be calculated and
established by the Resource Recovery Board at least 120 days preceding the beginning
of each fiscal year and shall be effective for the next ensuing fiscal year. In no event
shall the Resource Recovery Board approve a tipping fee rate for Processable Waste
which would exceed the tipping fee rate provided for in Section 6.2 of this Agreement
had this amendment not been approved.
6.2 (This section shall be purposefully left blank.)
(2). This amendment shall become effective only upon approval of Broward County and
the Contract Communities containing at least 51% of the population of all Contract Communities
and unincorporated County.
IN WITNESS WHEREOF, the parties have hereto made and executed this
Agreement on the respective dates under each signature, BROWARD COUNTY through
its BOARD OF COUNTY COMMISSIONERS, SIGNING BY AND THROUGH ITS Mayor or Vice
Mayor, authorized to execute the same by Board action of the day of ,
20_,_, and by the CONTRACT COMMUNITIES signing by and through official(s) duly
authorized to execute the same.
COUNTY
ATTEST:
BROWARD COUNTY, through its BOARD OF
COUNTY COMMISSIONERS
By:
County Administrator and Ex -Off icio
Clerk of the Board of County
Commissioners of Broward County, Florida
Approved as to form by
Office of the County Attorney
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
By:
(Print Name)
Mayor
day of , 20_.
County Attorney
TWELFTH AMENDMENT TO INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLID WASTE
DISPOSAL SERVICES
By:
Print Name:
Title:
ATTEST:
Approved as to form:
City Attorney
CONTRACT COMMUNITY
Name of Contract Community
By:
Print Name:
Title:
Executed this _ day of _. , 20