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HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-0461 C 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 u 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. \\\`�F TAMg9 A O. _ TAB�tSHE� •'• o :ES 1963 �O SEAL' 0- • COUN���`� I HEREBY CERTIFYf'H�dT�I HAVE APPROVED THIS RESOLUTION AS TO FORM. •„ f;A�,l , --,*" SAM`(JEL S. GORI CITY ATTORNEY Lt-3-v�tl PAMELA BUSHNELL 8 &W#1 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