HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-077TR12814
June 29 h, 2016
Pagel of 3
CITY OF TAMARAC, FLORIDA`
RESOLUTION NO. 2016- ! 7
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING THE FIRST
AMENDMENT TO THE SETTLEMENT AGREEMENT WITH
BROWARD COUNTY FOR THE LITIGATION, STYLED
CITY OF SUNRISE ET. AL. V BROWARD COUNTY, AND
AUTHORIZING THE EXECUTION THEREOF; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Broward County (the "County") and several Broward municipalities
entered into a Settlement Agreement to settle the litigation styled City of Sunrise et. al. v
Broward County, 17th Judicial Circuit Court Case No. CACE-013-015660 (the
municipalities defined in the Settlement Agreement as the Settling Municipalities shall
be collectively referred to herein as the "Settling Municipalities"), and
WHEREAS, the Settlement Agreement provides for the County and the Settling
Municipalities to agree 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"); and
WHEREAS, the County and the Settling Municipalities desire to amend the
Settlement Agreement to delay the sale of Alpha 250 while a joint independent study is
performed regarding the following issues:
(i) how a 75% County -wide recycling goal may be reached-,
(ii) whether retaining public ownership of Alpha 250 would facilitate the
meeting of that recycling goal or would provide other benefits in
connection with solid waste disposal within Broward County; and
100137148.12704-05016401 Page 1 of 3
TR12814
June 29"', 2016
Page 2 of 3
(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 disposal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, THAT:
Section 1. Legislative Findings/Recitals. The above recitals are hereby
adopted by the City Commission of the City of Tamarac as its legislative findings
relative to the subjects and matters set forth in this Resolution.
Section 2. Approval of First Amendment to the Settlement Agreement.
The First Amendment to Settlement Agreement, attached as Exhibit "A", is hereby
approved.
Section 3. Authorization to Execute First Amendment. The appropriate
City officials are authorized to execute the First Amendment to Settlement Agreement,
attached as Exhibit "A", together with such non -substantive changes as are acceptable
to the City Manager and approved as to form and legal sufficiency by the City Attorney.
Section 4. Implementing Actions. The City Manager and the City Attorney
are hereby authorized to take any actions necessary to implement the aims of this
Resolution.
Section 5. Severability. If any provision of this Resolution or the
application thereof to any person or circumstance is held invalid, it is the intent of the
City Commission that such invalidity shall not affect other provisions or applications
(00137148.1 2704-0501640) Page 2 of 3
1
1
E
TR12814
June 29 h, 2016
Page 3 of 3
of the Resolution which can be given effect without the invalid provision or
application and, to this end, the provisions of this Resolution are declared severable.
Section 6. Conflicts. All resolutions or parts of resolutions in conflict with any
of the provisions of this Resolution are hereby repealed.
Section 7. Effective Date. This Resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA, THIS - DAY OF Guz, , 2016.
ATTEST:
PATRICIA TEUF CMC, CITY CLERK
I HEREBY CERTIFY THAT I
HAVE APPROVED THIS RESOLUTION
AS TO FORM:
SAML4tL S. bOREjV
CITY ATTORNEY77
CITY OF TAMARAC FLORIDA
DIANE GLAS
VICE MAYOr
RECORD OF COMMISSION V ,TE-
MAYOR DRESSLER (1 ,�:a�
DIST 1: COMM. BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: V/M. GLASSER
DIST 4: COMM. PLACKO
(00137148.1 2704-0501640)
Page 3 of 3
FIRST AMENDMENT TO SETTLEMENT AGREEMENT
THIS FIRST AMENDMENT (the "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 City of Sunrise, the City of 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
Amendment Effective Date (as defined below).
RECITALS
A. The County and the Settling Municipalities entered into a Settlement Agreement to
settle the litigation styled City of Sunrise, et al. v Broward County, 17t" Judicial Circuit Court Case
No. CACE-013-015660.
B. The Settlement Agreement provides for the County and the Settling Municipalities
to agree 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 County and the Settling Municipalities desire to amend the Settlement
Agreement to delay the sale of Alpha 250 under the terms and conditions stated herein.
D. , 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 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 rata shares of proceeds distributed under the terms of the
Settlement Agreement, including their respective shares from any sale of Alpha 250.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties agree as follows:
1. The above -stated recitals are true and correct and are incorporated into this Amendment by
this reference.
2. Notwithstanding any provision to the contrary in the Settlement Agreement, the County
and the Settling Municipalities agree that the sale of Alpha 250 shall be delayed for a period of
one year from the Amendment Effective Date (the "Sale Delay Period"). The Sale Delay Period
may be further extended for an additional period of up to one year upon written approval of the
County Administrator and the Mayors of Coconut Creek, Fort Lauderdale, Hollywood, Miramar,
Sunrise, and Weston (collectively, the "Mayors").
3. During the Sale Delay Period, the County shall procure a study (the "Study") in an amount
not to exceed two hundred thousand dollars ($200,000), which shall be paid for as described in
paragraph 7 below. The Study shall evaluate and provide recommendations regarding the
following general areas:
a. How a 75% County -wide recycling goal may be reached;
b. Whether retaining public ownership of Alpha 250 would facilitate the meeting of
that recycling goal or would provide other benefits in connection with solid waste
disposal within Broward County; and
C. General solid waste disposal issues as determined by the Working Group (as
defined below), which may include options regarding flow control and potential
governance or contractual structures for collaborative management of solid waste
disposal.
4. A more detailed scope of the Study will be developed within the above -referenced
budgeted amount by a working group (the "Working Group") consisting of:
a. Three (3) municipal staff members selected by the Mayors; and
b. Three (3) County staff members selected by the County Administrator.
5. The Working Group and its individual members shall also interact with the consultant
during the course of the Study to ensure a balanced and independent study of the stated issues.
6. The , Study consultant shall be selected in a manner consistent with the County's
Procurement Code. The Mayors, directly and through their Working Group members, shall have
input into this procurement process, and shall appoint one person to serve on the County's
committee that will evaluate the responses submitted by interested consultants.
7. The County shall pay the up -front cost of the Study, and shall recover fifty percent (50%)
of the cost of the Study (the "Municipal Share") as follows if either of the following circumstances
occur: (a) if Alpha 250 is sold to a third party with the closing of the sale occurring within five (5)
years after the Study completion date, the County shall deduct the Municipal Share from the Alpha
250 sales proceeds before the County deposits the net proceeds of the sale into the trust account
described in Section 4D of the Settlement Agreement; or (b) if the County, within five (5) years
after the Study completion date, exercises its right under the Settlement Agreement to pay the net
sales amount and retain Alpha 250, the County shall deduct the Municipal Share from the net sales
amount the County deposits into the trust account described in Section 4D of the Settlement
Agreement.
8. Based upon the results of the Study, the parties may agree to further amend the Settlement
Agreement.
2
9. Amendment Approval Process.
a. Once approved by the County Commission, this Amendment shall be presented for
approval at public Commission/Council meetings at each of the Settling
Municipalities and the Consenting Municipalities (the County shall communicate
this requirement to the Consenting Municipalities).
b. To be effective, this Amendment must, within one hundred twenty (120) days after
approval by the County Commission: (1) be approved and executed by all Settling
Municipalities, with notice attaching true copies thereof provided to the County;
and (2) be consented to by each of the Consenting Municipalities through a separate
written instrument between the County (by and through the County Administrator)
and each of the Consenting Municipalities in which each of the Consenting
Municipalities agrees to the terms of the Amendment generally, and specifically to
the payment for the Municipal Share of the Study as described above in paragraph
7.
10. Effective Date. The date of the last approval and execution of this 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 "Amendment Effective Date."
11. Except as otherwise revised in this Amendment, the terms and conditions of the original
Settlement Agreement shall remain in full force and effect. The preparation of this 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 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 Amendment in a manner designed to effectuate the original intent of the parties.
This Amendment may be executed in counterparts.
IN WITNESS WHEREOF, the parties have made and executed this 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 June, 2016, and the SETTLING
MUNICIPALITIES, signing by and through their respective Mayors, duly authorized to execute same.
BROWARD COUNTY
ATTES .
and Cfo`tyAdrninistrator, as
Ex-officio Clerk of the Broward County
Board of County Commissioners
C O M
•'ski''
.� �'�•
O
CREATED % A
v .00T
'
Ist e ? M'
I9I5
,
:p OAF 4s
•.blip O
BROWARD COUNTY, by and through
its Board of County Commissioners
By
Mayor
rJ day of Jve, 2016
Approved as to form by
Joni Armstrong Coffey
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-7641
By: a"-,4
Andrew J. Mey s
Chief Deputy County Attorney
j day of June, 2016
4
[NAME OF MUNICIPALITY]
OF
ATTEST:
Approved a§ to form and legality:
By: �Ija)14—
City Attorney
j.� day of, 2016
By:
yor
43 day 2016
By:
City Manager
G
��� day of ��'l , 20I6