HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-140TR13196
2 CITY OF TAMARAC, FLORIDA
3 RESOLUTION NO. R-2018 -�t�
4
5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA,
6 APPROVING THE SECOND AMENDMENT TO THE SETTLEMENT AGREEMENT WITH
7 BROWARD COUNTY FOR THE LITIGATION STYLED CITY OF SUNRISE ET. AL. VS. BROWARD
8 COUNTY; AUTHORIZING THE EXECUTION THEREOF; PROVIDING FOR SEVERABILITY;
9 PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
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11 WHEREAS, First, Broward County (the "County") and several Broward municipalities entered into a
12 Settlement Agreement to settle the litigation styled City of Sunrise et. al. vs. Broward County, 17th
13 Judicial Circuit Court Case No. CACE-013-015660 (the municipalities defined in the Settlement
14 Agreement as the Settling Municipalities shall be collectively referred to herein as the "Settling
15 Municipalities"); and
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18 WHEREAS, Second, on May 13, 2015, the City Commission of the City of Tamarac (the "City")
19 adopted Resolution No. R-2015-39 authorizing the settlement of the litigation styled City of Sunrise, et.
20 al. vs. Broward County; authorizing the City Manager to execute a Settlement Agreement with Broward
21 County, and authorizing the City Manager to execute a Settlement Proceeds Distribution Agreement with
22 the settling municipalities, a copy of Resolution No. R-2015-39 is incorporated herein by reference and on
3 file in the office of the City Clerk, and
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26 WHEREAS, Third, the Settlement Agreement provides for the County and the Settling
27 Municipalities to agree to use their best efforts (and to take all reasonable steps) to sell the parcel of land
28 known as Alpha 250, as further described in the Settlement Agreement ("Alpha 250"); and
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31 WHEREAS, Fourth, on July 13, 2016, the City Commission adopted Resolution No. R-2016-77, a
32 copy of Resolution No. R-2016-77 is incorporated herein by reference and on file in the office of the City
33 Clerk, approving the First Amendment to the Settlement Agreement, to delay the sale of Alpha 250 while
34 ajoint independent study is performed regarding the following issues:
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36 (i) how a 75% County -wide recycling goal may be reached;
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38 (ii) whether retaining public ownership of Alpha 250 would facilitate the meeting of that
39 recycling goal or would provide other benefits in connection with solid waste disposal
40 within Broward County, and
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42 (iii) general solid waste disposal issues as determined by the Working Group (as defined in the
First Amendment), which may include options regarding flow control and potential
governance or contractual structures for collaborative management of solid waste
9 disposal; and
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#70661 v1 Resolution No. 2018-ba Page 1 of 3
TR13196
2 CITY OF TAMARAC, FLORIDA
3 RESOLUTION NO. R-2018 -/ 40
4
5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA,
6 APPROVING THE SECOND AMENDMENT TO THE SETTLEMENT AGREEMENT WITH
7 BROWARD COUNTY FOR THE LITIGATION STYLED CITY OF SUNRISE ET. AL. VS. BROWARD
8 COUNTY; AUTHORIZING THE EXECUTION THEREOF; PROVIDING FOR SEVERABILITY;
9 PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
10
11 WHEREAS, First, Broward County (the "County") and several Broward municipalities entered into a
12 Settlement Agreement to settle the litigation styled City of Sunrise et. al. vs. Broward County, 17th
13 Judicial Circuit Court Case No. CACE-013-015660 (the municipalities defined in the Settlement
14 Agreement as the Settling Municipalities shall be collectively referred to herein as the "Settling
15 Municipalities"); and
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18 WHEREAS, Second, on May 13, 2015, the City Commission of the City of Tamarac (the "City")
19 adopted Resolution No. R-2015-39 authorizing the settlement of the litigation styled City of Sunrise, et.
20 al. vs. Broward County; authorizing the City Manager to execute a Settlement Agreement with Broward
21 County; and authorizing the City Manager to execute a Settlement Proceeds Distribution Agreement with
22 the settling municipalities, a copy of Resolution No. R-2015-39 is incorporated herein by reference and on
3 file in the office of the City Clerk; and
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26 WHEREAS, Third, the Settlement Agreement provides for the County and the Settling
27 Municipalities to agree to use their best efforts (and to take all reasonable steps) to sell the parcel of land
28 known as Alpha 250, as further described in the Settlement Agreement ("Alpha 250"); and
29
30
31 WHEREAS, Fourth, on July 13, 2016, the City Commission adopted Resolution No. R-2016-77, a
32 copy of Resolution No. R-2016-77 is incorporated herein by reference and on file in the office of the City
33 Clerk, approving the First Amendment to the Settlement Agreement, to delay the sale of Alpha 250 while
34 a joint independent study is performed regarding the following issues:
35
36 (i) how a 75% County -wide recycling goal may be reached;
37
38 (ii) whether retaining public ownership of Alpha 250 would facilitate the meeting of that
39 recycling goal or would provide other benefits in connection with solid waste disposal
40 within Broward County, and
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42 (iii) general solid waste disposal issues as determined by the Working Group (as defined in the
First Amendment), which may include options regarding flow control and potential
1. governance or contractual structures for collaborative management of solid waste
disposal; and
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#70661 v1 Resolution No. 2018-roa Page 1 of 3
TR13196
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WHEREAS, Fifth, in June 2017, the County retained Arcadis, U.S., Inc., Kessler Consulting, Inc., Total
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Municipal Solutions, L.L.C., and GMAC Consulting, L.L.C. (collectively, the "Arcadis
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Team") to conduct the study (the "Study"), which the Arcadis team commenced in October 2017; and
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WHEREAS, Sixth, consistent with the First Amendment to the Settlement Agreement, the County
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Administrator and six designated mayors (the "Mayors") provided Written Approval of Extension of Sale
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Delay Period Under First Amendment to Settlement Agreement until October 11, 2018, that further
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extended the sale delay period until October 11, 2018; and
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WHEREAS, Seventh, in August 2018, the Arcadis Team concluded the Study and issued its Solid
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Waste and Recycling Issues Study Interim Final Report (the "Interim Final Report"), that summarizes the
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Arcadis Team's findings based on the Study and includes its final evaluations and recommendations; and
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WHEREAS, Eighth, in order to analyze the Interim Final Report and address the final evaluations
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and recommendations presented therein, the County and the Settling Municipalities desire to amend the
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Settlement Agreement to further extend the Sale Delay Period until October 11, 2019, which period may
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be further extended for up to three additional periods, provided that any such additional extension be
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approved in writing by the County Administrator and the Mayors.
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NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Tamarac, Florida:
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Section 1: The foregoing recitals contained in the preamble to this Resolution are incorporated by
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referenced herein.
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Section 2: The City Commission approves the Second Amendment to the Settlement Agreement, hereto
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attached as Exhibit "A" and made a specific part of this Resolution.
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Section 3: The City Manager is authorized to execute the Second Amendment to the Settlement
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Agreement with the County, together with such non -substantial changes as are acceptable to the City
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Manager and approved as to form and legal sufficiency by the City Attorney.
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Section 4: The appropriate City officials are authorized to execute all necessary documents and to take
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any necessary action to effectuate the intent of this Resolution.
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Section 5: This Resolution shall take effect upon its adoption.
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Page 2 of 3
TR13196
1 ADOPTED by the City Commission of the City of Tamarac, Florida, this day of 2018.
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6 ARRY DRESSLER, MAYOR
7 ATTEST:
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10 PATRICIA TEUFEL, CM
11 CITY CLERK
12
13 RECORD OF COMMISSION VOTE:
14 MAYOR DRESSLER
5 DIST 1: COMM. BOLTON�'
16 DIST 2: V/M GOMEZ
17 DIST 3: COMM. FISHMAN
18 DIST 4: COMM. PLACKO
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21 1 HEREBY CERTIFY THAT I HAVE
22 APPROVED THIS RESOLUTION
23 AS TO FORM
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1 6 SAMUEL S. GOREN
7 CITY ATTORNEY
Page 3 of 3
R,OIUARC�
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SECOND AMENDMENT TO SETTLEMENT AGREEMENT
TR 13196 - Exhibit A
This Second Amendment ("Second Amendment") to the. Settlement Agreement (the
"Settlement Agreement") by and between Broward County, Florida, a political subdivision of the
State of Florida (the "County"), and the Cityof Sunrise, the Cityof Weston, the City of Hollywood,
the City of Fort Lauderdale, the City of Lauderhill, the Town of Lauderdale -By -The -Sea, the City
of Lighthouse Point, the City of Tamarac, the Town of Davie, the City of Plantation, the City of
Coconut Creek,.the City of Deerfield Beach, the City of Miramar, the City of Margate, the City of
Cooper City, the City of North Lauderdale, the City. of Coral Springs, the Town of Southwest
Ranches, the City of Wilton Manors, the Town of Hillsboro. Beach, and the Village of Sea Ranch
Lakes, all political subdivisions of the State of Florida (individually, each is a "Settling
Municipality"; collectively, the "Settling Municipalities"), is made and entered into as of the
Second Amendment Effective Date (as defined below).
Recitals
A. In June 2015, the County and the Settling Municipalities entered into a Settlement
Agreement to settle the litigation styled City of Sunrise, et al. v. Broward County, 171h Judicial
Circuit Court Case No. CACE-013-015660.
B. The Settlement Agreement provides for tile Countyand the Settling Municipalities
to use their best efforts (and to take all reasonable steps) to sell the parcel of land known as
Alpha 250, as further described in the Settlement Agreement ("Alpha 250").
C. The City of Lauderdale Lakes, the City of West Park, the City of Oakland Park, and
the Town of Pembroke Park, all political subdivisions of the State of Florida (individually, each is
a "Consenting Municipality"; collectively, the "Consenting Municipalities"), did not join the
above -referenced litigation or the Settlement Agreement but instead entered into Interlocal
Agreements Regarding Distribution of Solid Waste Disposal District Assets with the County
pursuant to which they have received and will. receive their respective pro rato shares of
proceeds distributed under the terms of the Settlement Agreement, including their respective
shares from any sale of Alpha 250.
D. In an amendment to the Settlement Agreement, dated June 9, 2016 (the "First
Amendment"), the County and the Settling Municipalities agreed to delay the sale of Alpha 250
for one year from the effective date of the First Amendment (the "Sale Delay Period") to allow
the County to procure a study (the "Study") for an evaluation and recommendations regarding
how to reach a 75% County -wide recycling goal, what impact retaining public ownership of Alpha
250 would have on that recycling goal and County -wide solid waste disposal, and other general
solid waste disposal issues that might be identified through the Study. The First Amendment
provided that the Settlement Agreement may be further amended based upon the results of the
Study. In addition, the First Amendment allowed the County and the Settling Municipalities to
further extend the Sale Delay Period for an additional period of up to one year upon written
TR 13196 - Exhibit A
approval of the County Administrator and the Mayors of Coconut Creek, Fort Lauderdale,
Hollywood, Miramar, Sunrise, and Weston (collectively, the "Mayors").
E. In June 2D17, the County retained Arcadis, U.S., Inc., Kessler Consulting, Inc., Total
Municipal Solutions, L.L.C., and GMAC Consulting, L.L.C. (collectively, the "Arcadis Team") to
conduct the Study, which the Arcadis Team commenced in October 2017.
F. Thereafter, consistent with the First Amendment, the County Administrator and
the Mayors provided Written Approval of Extension of Sale Delay Period Under First Amendment
to Settlement Agreement Until October 12, 2028 (the "Written Approval of Extension"), which
further extended the Sale Delay Period until October 11, 2018.
G. in August 2018, the Arcadis Team concluded the Study and issued its Solid Waste
and Recycling Issues Study Interim Final Report (the "Interim Final Report"), which summarizes
the Arcadis Team's findings based on the Study and includes its final evaluations and
recommendations.
H. - In order to analyze the Interim Final Report and address the final evaluations and
recommendations presented therein, the County and the Settling Municipalities desire to amend
the Settlement Agreement to further extend the Sale Delay Period under the terms and
conditions stated herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties agree as follows:
1. The foregoing recitals are true and correct, and are incorporated herein by reference.
2. Notwithstanding any provision to the contrary in the Settlement Agreement, the First
Amendment, or the Written Approval of Extension, the County and the Settling Municipalities
agree to extend the Sale Delay Period until October 11, 2019. The Sale Delay Period may be
further extended for up to three additional periods, each for up to one year, provided that any
such additional extension be approved in writing by the County Administrator and the Mayors.
3. Amendment Approval Process.
a. Once approved by the County Commission, this Second Amendment shall be
presented for approval at public Commission/Council meetings at each of the
Settling Municipalities and Consenting Municipalities (the County shall
communicate this requirement to the Consenting Municipalities).
b. To be effective, this Second Amendment must, within one hundred twenty (120)
days after approval by the County Commission: (1) be approved and executed by
all Settling Municipalities, with concurrent notice attaching true copies thereof
provided to the County; and (2) be consented to by each of the Consenting
N
TR 13196 - Exhibit A
Municipalities through a separate written instrument between the County (by and
through the County Administrator) and each of the Consenting Municipalities in
which each cif the Consenting Municipalities agrees to the terms of the Second
Amendment.
4. Effe,_ dive Date. The date of the last approval and execution of this Second Amendment
by a Settling Municipality, or the date of the last execution of a written instrument reflecting the
consent of a Consenting Municipality, whichever is last, is the "Second Amendment Effective
Date."
S. Except as otherwise revised In this Second Amendment, the terms and conditions of the
original Settlement Agreement as modified by the First Amendment shall remain in full force and
effect. Capitalized terms not otherwise defined herein shall have the meanings set forth In the
Settlement Agreement or the First Amendment. The preparation of this Second Amendment has
been a joint effort of the parties hereto and the resulting document shall not, solely as a matter
of judicial construction, be construed more severely against any party hereto. In the event a
portion of this Second Amendment is found by a court of competent jurisdiction to be Invalid,
the remaining provisions shall continue to be effective and the parties agree to negotiate in good
faith to modify that portion of this Second Amendment in a manner designed to effectuate the
original intent of the parties.
6. This Second Amendment may be executed in multiple originals, and may be executed in
counterparts, each of which shall be deemed to be an original, but all of which, taken together,
shall constitute one and the same agreement.
(The remainder of this page is intentionally left blank.)
7
TR 13196 - Exhibit A
IN WITNESS WHEREOF, the parties hereto have made and executed this Second Amendment to
the Settlement Agreement on the respective dates under each signature: BROWARD COUNTY,
signing by and through its Mayor or Vice -Mayor, duly authorized to execute same by Board action
on the �"r'` day of September, 2018, and the SETTLING MUNICIPALITIES, signing by and
through their respective Mayors or other representatives duly authorized to execute same.
BROWARD COUNTY
ATTEST:
B oward County A ministrato as
ex officio Clerk of the Broward County
Board of County Commissioners
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RRB Second Amendment to Settlement Agreement
BROWARD COUNTY, by and through
its Board of County Commissioners
By,` —
Mayor
< day of — 1-- 4,-"018
Approved as to form by
Andrew J. Meyers
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By
Keokl M on (Date)
Assistant County Attorney
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'C`•''AME OF MUNICIPALITY]
ATTEST•`�I'���
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BY: M
TR 13196 - Exhibit A
. City Clerk
4 da of t9k/ 2018
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Approved as to form and legality:
By: I SI
City Attorney �M S . Cx re.> City Manager
'? day of Oci� . 2018 �' day of 2018