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Home My WebLink AboutCity of Tamarac Resolution R-93-0811 2 S 4 5 i E 10 31 22 33 14 35 16 17 1B 19 2D 2] 22 23 24 25 26 21 29 29 30 31 39. 33, 34 35 Temp. Reso. # ��9y1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-93-251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A THIRD AMENDMENT TO INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLID WASTE DISPOSAL SERVICE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE WHEREAS, the City Council of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate city officials to execute a Third Amendment to Interlocal Agreement with Broward County for Solid Waste Disposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1_:_ That the foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and correct and is hereby made a specific part of this resolution upon adoption hereof. SECTION -2 That the appropriate City Officials are hereby authorized to execute the attached Third Amendment to Interlocal Agreement with Broward County for Solid Waste Disposal Service. (Attached hereto as Exhibit A). SECTION 3* All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. OA Temp. Reso. # SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 3b "'day of 1993. H.L. BENDER MAYOR ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RES;OL-UhIONn as to form. MITCHEL(6/S . CITY ATTC 3RD AMENDMENT/INTERLXAL AGREEMENT(rkt) MAYOR DJ,9T 1: 1ST. 2: DIST.:3: DIST. 4: RECORD OF COUNCIL K-- 53 F1 THIRD AMENDMENT INTERLOCAL AGREEMENT WITH AROWARD COUNTY FOR SOLID WASTE DISPOSAL SERVICE This Third Amendment dated for convenience March 1, 1993, to the Interlocal Agreement with groward County for Solid Waste Disposal Service, dated for convenience November 25, 1956, and the First Amendment thereto, dated for convenience October 1, 1992 (the "Interlocal Agreement"), is wade and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," and the municipalities whose names appear in Exhibit "A" of the Interlocal Agreement ("CONTRACT COMMUNITIES"). W I T N E S B Z T H WHEREAS, the League of Cities, on behalf of several CONTRACT COMMUNITIES has requested that the COUNTY agree to certain changes to the Interlocal Agreement as more Specifically described in this Third Amendment; and WHEREAS, COUNTY and CONTRACT COMMUNITIES wish to amend the Interlocal Agreement in accordance with the terms of this Third Amendment for the purpose of: (i) recognizing certain outstanding indebtedness which has been issued to f inance the Resource Recovery System, (li) providing a definite term for the Interlocal • Agreement, (iii) requiring approval of the CONTRACT COMMUNITIES in the event the COUNTY proposes any indebtedness which has a final maturity later than the term -of the Interlocal Agreement, and (iv) relieving the COUNTY of its obligations in the event the CONTRACT COMMUNITIES do not approve a request by the COUNTY for such indebtedness. .NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, the parties agree as follows: 1. Article 16. Duration, shall be amended to read as follows: 16.1 This Agreement shall be effective for each CONTRACT COMMUNITY and unincorporated COUNTY from the date of execution until July Z, 2013. 16.2 The term of this Agreement shall be extended beyond the term provided in Section 16.1 to the date of the final maturity of any indebtedness issued by the COUNTY with respect to the Resource Recovery System if approved in accordance with Section 12.6. COUNTY shall timely make the Board aware of any proposed indebtedness to be issued by the COUNTY with • respect to the Resource Recovery System for the purpose of receiving input and information from the Board. Subject to the requirements of this section, the COUNTY shall be the final authority to determine whether to proceed with the issuance of any indebtedness with respect to the Resource -Recovery System. 16.3 In the event the COUNTY determines that in order to perform any of its obligations under this agreement, it is necessary to incur any indebtedness suppbrted by any legally available funds of the ]resource Recovery system with a final lsaturity date after July 2, 2013, and the COUNTY is unable to obtain Approval to extend the term of this agreement in connection with indebtedness to be incurred as required by Section 26.2, then in such event and subject to the terms of ,Bastion 16.4, the COUNTY shall be fully and coap tely ion excused and relieved from performing any of Its obligations under this Agreement which cannot be performed as ■ result of the failure to agree to an extension of the term of the Agreement. 16.4 The parties acknowledge the existence of the following indebtedness issued to finance the Resource Recovery System; $2381935,000 Broward County, Florida, Resource Recovery Revenue Bonds, Series 1984 (Broward Waste Energy Company, L. P. North Project), $266,965,000 Broward County, Florida, Resource Recovery Revenue Bonds, Series 1984 (SES Broward Company, L. P. South Project), $48,140,000 Broward County, Florida, Solid Waste System Revenue Bonds, Series 1993A, $15,605,000 Broward County, Florida, Solid waste systems Revenue Bonds, Series 1993B, and $12,175,000 Broward County, Florida, Solid Waste System Revenue Bonds, Taxable Series 1993C, (collectively referred to as the $'Outstanding Indebtedness"). Notwithstanding any term or condition of the Third Amendment to the contrary, the parties acknowledge that nothing herein shall excuse or relieve the COUNTY from taking any action or performing any act required to fulfill the obligations, representations, and covenants of the COUNTY with respect to the Outstanding Indebtedness and any agreements, contracts or other documents related to the Outstanding Indebtedness. It is the understanding and -2- 0 �C- 0, 3 -,V( intent of the parties that the Third Amendsent shall in no Way interfere, limit or otherwise adversely affect in any manner any of the obligations of. the COUNTY and CONTRACT COMMUNITIES with respect to the outstanding Indebtedness and any agreements, contracts or other documents related to the Outstanding Indebtedness. 2. Except as modified herein, the Interlocal Agreement among the parties shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY CommissroNcRs, oigning by and through its chair or Vice chair, authorized to execute same by Board action on the day of , 19 , and the CONTRACT COMMUNITIES sign ng by and through to , duly authorized to execute aafie. ATTEST: 0 County A m n stratoar and Ex-Officio Clark of the Board of County Commissioners of Broward County, Florida • -3- BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By the r day of 19 Approved as to form by Office of County Attorney Broward County, Florida JOHN J. COPZ1AN, JR., County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (305) 357-7600 Telecopieri (305) 357-7641 By NOEL M. PFEFFER Deputy County Attorney THIRD AMENDMENT INTERLOCAL AGREEMENT WITH BROWARD COUNTY rOR SOLID WASTE DISPOSAL SERVICE WITNESS ATTEST: CITY OF TAMARAC APPROVED AT MEET114G OF 6, - d - � NMP:dp 4/20/93 092-237 RRS.A01 -4- I :iL--yl 6k- ra �L Name of Contract Cowman ty By J%yor { commissioner day of 1923 B sl c ty manage _ — n day of0', 19 7 Apj roved s to C ty Att rney