HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-126r
Temp. Reso. # 10997
July 12, 2006
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2006-(�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA APPROVING THE PROPOSED
TENTH AMENDMENT TO THE INTERLOCAL AGREEMENT
WITH BROWARD COUNTY FOR SOLID WASTE DISPOSAL
SERVICES THAT PROVIDES FOR GREATER
REPRESENTATION OF MUNICIPAL CONTRACT
COMMUNITIES; 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
10 (District), a copy of the Interlocal Agreement is attached hereto as Exhibit 1; and
WHEREAS, currently, the composition of the Resource Recovery Board (RRB),
which is the governing body of the District, alternates annually between five (5) County
Commissioners and four (4) municipal elected officials, and four (4) County Commissioners
and five (5) municipal elected officials, with the Chair selected from among the group
represented by four (4) members; and
WHEREAS, since the enactment of the Interlocal Agreement in 1987, a vast
majority of Unincorporated Broward County has been incorporated into municipalities, and
waste disposal is a municipal function; and
WHEREAS, incorporated portion of Broward County has significantly grown; and
WHEREAS, it is the desire of the parties of the Interlocal Agreement that the RRB
1breflect the present governments in control of solid waste flow in Broward County; and
WHEREAS, the City Commission of the City of Tamarac supports the goal of
increased municipal representation; and
Temp. Reso. # 10997
July 12, 2006
Page 2
WHEREAS, the proposed Tenth Amendment to the Interlocal Agreement (a copy of
the Proposed Tenth Amendment is attached hereto as Exhibit 2) provides that the RRB
shall, starting April 2007, be comprised of nine (9) members as follows:
(a) One (1) member shall be appointed by the County Commission.
(b) Three (3) members. One (1) member each to be selected by the three (3)
Contract Communities with the largest populations.
(c) Three (3) members. One (1) member each to be selected by the three (3)
Contract Communities nearest to the median in size based on population.
(d) Two (2) members. Each member is to be chosen by the highest ranking
office of the Broward League of Cities or its successor organization, held by
an elected official from a municipal Contract Community, provided that no
municipal Contract Community may not have more than one (1) appointment 44
to the RRB; and
WHEREAS, the City Commission of the City of Tamarac finds that the RRB
membership criteria and composition set forth in the proposed Tenth Amendment provide
adequate representation of municipal Contract Communities that comprise the District.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The proposed Tenth Amendment to the Interlocal Agreement is
hereby approved.
SECTION 2: The City Manager is authorized to execute the Tenth
Amendment to the Interlocal Agreement and any other documents necessary to effectuate
the intent of this Resolution. 41
SECTION 3: The appropriate City Officials are authorized to do all things
Temp. Reso. # 10997
July 12, 2006
Page 3
necessary to effectuate the intent of this resolution.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: 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
or application, and to this end the provisions of this Resolution are declared to be
severable.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED thish day of ju 1 2006.
�6 -V
IP a4t;el�
BETH FLANSBAW- A A ISC
MAYOR
ATTEST:
C&k RECORD OF COMMISSION VOTE:
MARIO�1 SWENS CMC MAYOR FLANSBAUM-TALABISCO
-CITY CLERK DIST 1: VIM PORTNER
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM. SULTANOF
Wp-
DIST 4: COMM. DRESSLER
/4111p-
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
I,
Temporary Reso. No. 10997 --- Exhibit 1
A N
I N T E R L O C A L A G R E E M E N T
W I T R
B R O W A R D C O U N T Y
F0R
S O L I D W A S T E D I S P O S A L S E R V I C E
As Amended Through September 10, 1996
Temporary Reso. No. ) 0997 — Exhibit 1
omemom /
ARTICLE
1 BACKGROUND ..................................
2 DEFINITIONS ..................................
3 CONSTRUCTION OF FACILITIES /_ COMMITMENT
OF WASTE STREAM ...........................
4 OBLIGATIONS RELATING TO OPERATIONS .........
.5.., $Eo-OURG.E_...REC-QVBRY.RC2A.R12.../--SEECIAL_..Ul TRICZ...: _
6 TIPPING FEES AND SERVICE CHARGES ............
7 COLLECTION OF TIPPING FEES ..................
a ANNUAL AUDIT ............................•...
9 ADDITIONS AND IMPROVEMENTS TO THE RESOURCE
RECOVERY SYSTEM ...........................
10 OBLIGATIONS UNDER THIS AGREEMENT ARE NOT
INDEBTEDNESS OF ANY CONTRACT COMMUNITY ....
11 RELATIONSHIP OF THE PARTIES .................
12 MISCELLANEOUS ...............................
13 INDEMNIFICATION .............................
14 CONTRACTS WITH HAULERS ......................
15 CESSATION ...................................
16 DURATION ....................................
EXHIBIT A Names of the Contract Communities
EXHIBIT B Names to Wham Notices Are to -be Directed
EXHIBIT C Ordinance Establishing Solid Waste Flow
Control.
_i;
PACE
1
7
15
17
.26,
31
37
39
40
42
43
44
52
52
53
54
Temporary Reso. No. 10997 — Exhibit 1
EXHIBIT D
Ordinance Creating the Broward Solid
Waste Disposal District
EXHIBIT E
Ordinance Approving the Ordinance
Creating the Broward Solid Waste
Disposal District
EXHIBIT F
Summary of County's Costs of Meeting Its
Disposal Obligation
EXHIBIT G
First Amendment - Materials Recovery Facility
Approved by County - October 6, 1992
EXHIBIT A
Second Amendment - Household Hazardous Waste
Approved by County - June 29, 1993
EXHIBIT I
Third Amendment - Long Term. Debt
Approved by County - November 30, 1993
EXHIB±T J
Fourth Amendment - Board Staff
Approved by County - September 10, 1996
Temporary Reso. No. 10997 — Exhibit 1
A G R E E M E N T
This Agreement dated for convenience November ES, 19sa, by
and between: FROWARD COUNTY, a political subdivision of the
State of Florida, its successors and assigns, by and through its
Board of County Commissioners, hereinafter referred to as
"COUNTY";
AND
The Municipalities whose names appear in Exhibit "A".
attached hereto and made a part thereof, their successors and
assigns, hereinafter referred to as "CONTRACT COAiWUNIT1ES."
ARTICLE i
BACKGROUND
1.1 General Statement.
In order to establish the background. context and frame of
reference for this Agreement and to provide a general
background regarding the objectives and intentions of the
COUNTY and the CONTRACT COMMUNITIES, the following
statements, representations and explanations are predicates
for the undertakings and commitments included within the
provisions which follow and shall be construed as essential
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Temporary Reso. No. 10997 — Exhibit 1
elements of the mutual considerations upon which this
Agreement is based.
1.2 Historical Background And Findings
Because of Broward County$•contour, elevation and high
ground water levelt disposal of solid waste through
landfills has been discouraged. The United States Congress
and Legislature .of the State of Florida (the "State") have
discouraged the dumping or burying of solid waste matter and
the use of sanitary .landfills as the Bole method of disposal
of solid waste. The COUNTY and the CONTRACT COWUWITIZS,
therefore, stake the following findings:
(a) Because of environmental concerns with utilisation of
landfiliing as the sole method of disposal of solid
waste generated by the residents and businesses of and
visitors, to Broward County. Florida, the CONTRACT
COMMUNITIES and COUNTY have sought a joint solution to
such concerns.
(b) The CONTRACT COMMUNITIES and COUNTY have found and
determined that the policy of the United States
Congress regarding the elimination of solid waste as
provided in 42 U.S.C. Section 6901 is toward recovery
of resources from such waste.
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Temporary Reso. No. 1.0997 — Exhibit 1
Cc) The United States Congress has found with respect to
energy that:
i. Solid waste represents a potential source of solid
fuel, oil. or gas that can be converted into
energy:
2. The need exists to develop alternative energy
sources for public and private consumption in order
to reduce the nation's dependence on such sources
as petroleum products, natural gas, nuclear and
hydro --electric generation; and
3_ Technology exists to produce energy from solid
waste.
Ed) Chapter 403, part IV. Florida Statutes, sets forth the
State of Florida Resource Recovery and Management Act.
The Act's purpose is to require plans and regulations
for the storage, collection, transportation,
separation, processing, recycling and disposal of solid
waste to protect the public's health, safety and
i
r
welfare. Likewise, such Act has deemed. .it a,p.ubl,i'c.
purpose to establish and maintain a state program for
the planning and technical assistance of resource
recovery and management through, among other things,
the promotion of recycling, muss or trwatmont of solid
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Temporary Reso. No. 10997 — Exhibit 1
waste, including recycling of solid waste to produce
electric power.
fe) Additionally, Section 403.713, rlorido Statutes,
provides that the municipalities undertaking resource
recovery of solid waste pursuant to general law at
special law may central the collection and disposal of
solid waste for the purpose of' insuring that resource
recovery facilities receive an adequa.te quantity of
waste from solid waste generated within the boundaries
of the local governmental jurisdiction.
C f 3 The amendments to the State Comprehensive Plan adopted
by the State in 1985 CChapter 187, F.S.) establishes a
number of policies regarding energy production and the
reduction of solid waste landfilling including:
1. .Energy Policy No. 5 - Reduce the need for now power
plants by encouraging end -use efficiency, reducing
peak demand and using cost-effective alternatives.
Z_ Energy Policy No. 9 ^ Promote the use and
development of renewable energy resources.
3. Waste Policy No. 1 - By 1995. reduce the volume of.
non -hazardous solid waste disposal in landfills to
53 percent of the 1985 volume.
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Temporary Reso. No. 10997 — Exhibit 1
4. Waste Policy No. T - Encourage the research,
development and implementation of recycling
resource recovery, energy recovery and other
methods of using garbage, trash, sewage, Slime,
sludge, hazardous waste, and other waste.
1.3 The COUNTY and representatives of CONTRACT COMMUNITIES have
jointly developed a comprehensive solid waste disposal and
resource recovery program including cooperation fn
preparation of Request For Proposal documents and subsequent
selection of'the full service contractors for the northern
and southern facilities through the selection and
negotiation process.
1.4 It is recognised by CONTRACT COMMUNITIES and COUNTY that the
proposed resource recovery systeis to be constructed,
oporated, maintained and repaired by the COUNTY or full
service contractors retained by the COUNTY will be done in
reliance upon the existence of the committed flow of solid
waste of the CONTRACT COMMUNITIES and unincorporated County
and the revenue generating capabilities of the special
district provided for herein.
1.5 It is further recognised by CONTRACT COMMUNITIES and COUNTY
that the COUNTY is entering into this Agreement both
representing unincorporated County, a waste generation area
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Temporary Reso. No. 10997 — Exhibit 1
with solid waste requiring disposal, and COUNTY, as the
party assuming the obligation under this Agreement for the
disposal of solid waste for the CONTRACT COADMITIES as well
as for the unincorporated County_
1.8 Interlocal Agreement
Ca) This Agreement is an interincal agreement entered into
pursuant to Section 163.01. Florida Statutes. the
Florida Interlocal Cooperation Act of 1969, as amended.
(b) Prior to the effectiveness of any provision of this
Agreement and subsequent amendments hereto, this
Agreement and any such subsequent amendments shall be
filed with the Hroward County Clerk of the Circuit
Court as provided by Section 163.01C113, Florida
Statutes.
1_7 Construction of Interlocal Agreement
The word "shall" as used in this Agreement shall in all
cases be construed to be mandatory and to require the action
so modified by the word "shall" to be taken without regard
to the exercise of discretion.
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Temporary Reso. No. 10997 _. Exhibit 1
ARTICLE 2
DEFINITIONS
The following contains the definitions of the terms as
applied to this Agreement.
2.1 Administrator. The term "Administrator" or "County
Administrator" shall mean the County Administrator of the
Broward County government as provided by the Charter of
Broward County. Florida_
2.2 Board of County Commissioners. The term "Board of County
Commissioners" or "County Commissioners" shall mean the
Board of County Commissioners of Broward County, Florida.
2.3 Citizen Waste Receiving Facilities. The term "citizen waste
receiving facilities" shall mean facilities for accepting
solid waste from other than haulers. The term is to apply
to facilities provided for collection of household trash
from house cleaning and .the like. Citizen waste receiving
facilities shall not be deemed to be a part of the resource
recovery system.
2.4 Construction Contract. The term "construction contract"
shall mean the contracts entered into by the COUNTY and SES
Broward Company, Limited Partnership pursuant to Resolution
No. 36-3007 dated August 19, 1935, and Broward Waste Energy
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Temporary Reso. No. 10997 — Exhibit 1
Company, Limited Partnership pursuant to Resolution No. ei-
3750 dated September 30, 1986. and any successors thereto to
design, construct, test, maintain, repair and have accepted
the southern facility and northern facility, respectively,
or any other full service contractor. to design, construct,
test, maintain, repair and have accepted a part of the
resource recovery system.
2.5 CONTRACT CCIIIMLL N I.TY . The term "CONTRACT COMMUNITY" or
"CONTRACT COMMUNITIES" shall mean the municipal corporation
or corporations existing under the laws of the State of
Florida, located within the COUNTY that enter into this
Agreement with the COUNTY and whose names appear in
Exhibit A to this Agreement.
2.6 COUNTY. The term "COUNTY" shall mean Broward County,
Florida., a political subdivision of the State of Florida.
2.7 Disposal Facilityties). The term "disposal facilityciesJ"
means that portion of the resource recovery system where
solid waste will be disposed of within the resource recovery
i system.
2.8 Disposal Obligation. The term "disposal obligation" shall
mean the obligation of the COUNTY to provide for the
disposal of all solid waste generated in each CONTRACT
COMMUNITY and in the unincorporated County and delivered to
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Temporary Reso. No. 10997 — Exhibit 1
a resource recovery system disposal facility or transfer
station designated pursuant to the plan of operations.
2.9 Facility Operator. The term "facility operator" shall mean
full service contractors or other operators of a part of the
resource recovery system including the COUNTY.
2_10 Fiscal Year. The term "fiscal year" shall mean October i to
September 30.
2_11 Full Service Contractor[s]. 'The term "full service
contractorfs)" shall mean a person. firm or corporation that
has entered or will enter into an agreement or agreementss
with the COUNTY to design, construct. test. maintain. repair
and operate resource recovery system disposal facilities or
transfer stations within the resource recovery system and
shall mean as to the southern facility SES Broward Company,
Limited Partnership and as to the northern facility Broviard
Waste Energy Company, Limited Partnership and any respective
successors thereto.
2.12 Haulers. The term "haulers" shall mean those persons, firms
or corporations or governmental agencies -responsible (.under,
either oral or written contract, or otherwise) for the
collection of solid waste within the geographic boundaries
of the CONTRACT COMMNITYfIES) or the unincorporated County
and the transportation and delivery of such solid waste to
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Temporary Reso. No. 10997 — Exhibit 1
the resource recovery system as directed in the plan of
operations.
2.13 Northern Facility. The term "northern facility" shall mean
that part of Me resource recovery system, including any
landfill, serving the CONTRACT CQMMKITIES and the
unincorporated County located in the northern part of the
COUNTY, as directed in the plan of operations.
2.14 Plant of Operations. The term "plan of operations" shall
mean the plan for the operation of the resource recovery
system adopted, amended or remised by the Resource Recovery
Board in the manner set forth in Section 4.7 hereof.
2.15 Processable Waste. The terra "processable waste" shall mean
that portion of thf solid waste stream which is capable of
being processed in a mass burn resource recovery facility,
Including. but, not be limited to, all forms of household and
other garbage, trash, rubbish, refuse, combustible
agricultural. commercial and light industrial waste,
conmorcidl waste, leaves and brush. -paper and cardboard,
plastics, wood and lumber, rags. carpeting, occasional
tires, wood furniture, mattresses. stumps,.wood,pallets,
timber, tree limbs,'ties, and logs, not separated and
recycled at the source of generation, but excluding
unacceptable waste and unprocessable waste, except, to the
extent consistent with the regulatory and permit
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Temporary Reso. No. 10997 -- Exhibit 1
requirements applicable to the processing of waste by a mass
burn resource recovery facility, such minor amounts of such
waste (other than hazardous waste) as may be contained in
the normal processable waste stream.
2.16 Resource.Recovery Board_ The term "Resource Recovery Board"
shall mean -the governing Board of the special district to be
established by the Board of County Commissioners pursuant to
Section 125.01(5)(a). Florida Statutes, and this Agreement
which performs such responsibilities as set forth in this
Agreement.
2.17 Resource Recovery System. The term "resource recovery
system" shall mean the facilities which are constructed,
operated, maintained and repaired or caused to be
constructed, operated, maintained and repaired pursuant to
this Agreement for the purpose of transfer or disposal of
solid waste of the CONTRACT COlrMINITIES and the
unincorporated County and the recovery and sale of .materials
and energy. therefrom, including all landfills, contingency
landfills, transfer stations, treatment facilities and
electrical generation facilities all attendent to th•
resource recovery system. Excluded from this. definition i•s
the COUNTY landfill located'in the Town of Davie which is in
existence as of the date of the execution of this Agreement.
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Temporary Reso. No. 10997 — Exhibit 1
2.18 Service Agreement(s). The term "service agreement" shall
mean the agreements entered into between the COUNTY and SES
Broward Company• Limited Partnership pursuant to Resolutiln
No. 86-3007 dated August 19, 1986, and Broward Waste Ener(y
Company, Limited Partnership pursuant to Resolution No. si—
37S0 dated September 30, 1988. respectively for the purpose
of operating, maintaining and repairing the southern
facility and northern facility, respectively, or any other
full service contractor for the purpose of operating,
maintaining. and repairing a part of the resource recovery
system.
2.19 Solid Waste. The term "solid waste" shall mean processable
waste and unprocessable waste, but excludes unacceptable
waste.
2.20 Southern facility. The term "southern facility" shall mean
that part of the resource recovery system. including any
landfill, serving the CONTRACT COi®fdrl1 M E5 and the
unincorporated County located in the southern part of the
COUNTY, as directed in the plan of operations.
2.21 Tipping Fee. The term• "tipp-ing .fee" shal.11 mean -the fees
imposed pursuant to Article 6 ind collected pursuant to
Article 7 of this Agreement from haulers delivering solid
waste to the resource recovery system.
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Temporary Reso. No. 10997 — Exhibit 1
2.22 Ton. The term "tan" is used to express a unit of weight
equal to two thousand (3,600) pounds or .907 metric tons_
2.23 Transfer Stations. The term "transfer stations" means the
sites and receiving facilities constructed, operated,
maintained and repaired by the.COUNTY or a full service
coAtxactor retained by the COUNTY for the acceptance of
solid waste for transfer to resource recovery system
disposal facilities because a part of the resource recovery
system is not operational. Other transfer facilities
Including citizen waste receiving facilities and those used
by haulers for reasons other than previously described shall
not be considered a part of the resource recovery system.
2.34 Unacceptable Waste. The term "unacceptable waste" shall
mean motor vehicles. trailers, comparable bulky items of
machinery or equipment, highly inflammable substances,
hazardous waste. sludges. pathological and biological
wastes, liquid wastes. sewage, manure. explosives and
ordinance materials. and radioactive materials.
Unacceptable waste shall also include any other material not
permitted by law or regulation to be disposed of at a
landfill unless such landfill is specifically designed,.
constructed and licensed or permitted to receive such
material. None of such material shall constitute either
processable waste or unprocessable waste. Haulers shall not
knowingly deliver such unacceptable waste to and th• COUNTY
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Temporary Reso. No. 10997 — Exhibit 1
or full service contractors 'shal I have the right to exclude
such unacceptable waste from the resource recovery system.
2.25 Unincorporated County. The term "unincorporated County
shall mean that part of COUNTY which is not within the
boundaries of any municipal corporation_ Unincorporated
County shall be treated in all respects under the terms sad
conditions of this Agreement as a CONTRACT COMMUNITY.
2.23 Unprocessable waste. The term "unprocessable waste" shall
soean that portion of the solid waste stream that is
predominantly noncombustible *Ad tberefore, should not be
processed in a mass burn resource recovery system.
Unprocessable waste shall include, but not be limited to,
metal furniture and appliances, concrete rubble, mixed
roofing materials, noncombustible building debris, rock.
gravel and other earthen materials, equipment, wire and
cable, and any item of solid waste exceeding six feet in any
one of its dimensions or being in whole or in part of a
solid mass, the solid mass portion of which has dimensions
such that a sphere with a diameter of eight inches could be
contained within such solid mass portion, and processable
waste Cto the extent that it..is contained in the normal
unprocessable waste stream). This term excludes
unacceptaibie waste. Haulers shall not knowingly deliver
unacceptable waste to and the COUNTY or full service
contractors shall have the right to exclude unacceptable
waste from the resource recovery facilities.
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Temporary Reso. No. 10997 --- Exhibit 1
ARTICLE 3
CONSTRUCTION OF FACILITIES/
COMMITMENT OF WASTE STREAM
3.1 The COUNTY shall cause to be constructed, operated,
maintained and repaired a resource recovery system located
within Browrard County for the purpose of disposal of all
solid waste collected in each CONTRACT COMMUNITY and
unincorporated County and delivered to the resource recovery
system.
3.2 During the duration of this Agreement as defined in Article
16 hereof, the CONTRACT COMMUNITIES and the COUNTY for the
unincorporated area shall cause all of the solid waste
generated within each of their rospective boundaries to be
collected, transported, delivered and deposited at the
designated receiving facilities of the COUNTY resource
recovery system pursuant to the plan of operations as set
forth in Section 4.7.
3.3 Each CONTRACT COMMUNITY and COUNTY for the unincorporated
area agrees to enact prior to March 31, 1987, a waste flow
control ordinance as set forth in Section 403.713, Florida
Statutes (as may be amended from time to time), directing
that all solid waste generated within their respective
geographic boundaries be delivered to the resource recovery
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Temporary Reso. No. 10997 -- Exhibit 1
system transfer or disposal facility or facilities
designated in the plan of operations. The solid waste flow
control ordinance shall be substantially in the form of
Exhibit C attached hereto and made -a part hereof. Each
Party agrees to •include in any contracts or contract
amendments with haulers executed after the date of execution
hereof, a provision that all solid waste shall be delivered
to the resource recovery system transfer or disposal
facility or facilities designated in the plan of operations
and to enforce such provision. The COUNTY shall 'be a 'third
party beneficiary of such provision.
3.4 A resource recovery system disposal facility may burn
processable waste to produce electrical energy to be sold to
purchasers of electrical energy. Such facility may also
provide for the separation and sale of ferrous and
nonferrous metals and other materials which,.may be separated
either prior to or subsequent to the burning of the
processable waste necessary to produce electrical energy.
Upon delivery to the resource recovery system, neither the
unincorporated County nor any CONTRACTING COMMUNITY shall
have any interest in electrical energy. ferrous and
nonferrous -metals and other materials contained 'in solid
waste delivered.
3.5 The COUNTY hereby assumes responsibility for the disposal of
all solid waste delivered to the resource recovery system by
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Temporary Reso. No. 10997 — Exhibit 1
each or on behalf of each CONTRACT COMMUNITY and
unincorporated County during the duration of this Agreement
consistent with its rights and obligations under the service
agreements.
3.6 Transfer stations and contingency landfills may be required
because one or more of the resource recovery facilities are
not operational. In that instance, the costs of
construction, operation, maintenance and repair of the
transfer stations and contingency landfills shall be part of
the overall cost of the resource recovery system_
ARTICLE 4
OBLIGATIONS RELATING TO OPERATIONS
4.1 Delivery and Acceptance of Waste. Each CONTRACT COMWNITY
and COUNTY for the unincorporated area agrees that all of
the solid waste collected within Its respective territorial
boundaries shall be delivered to a resource recovery system
disposal facility* landfill, contingency landfill or
transfer station designated pursuant to the plan of
operations. It is the understanding b'f'each of the parties
to this Agreement that the transportation of solid. waste
should be minimised to the greatest extent possible
consistent with obligations of the COUNTY to make deliveries
under the service agreements. In determining to which
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Temporary Reso. No. 10997 — Exhibit 1
resource recovery system facility solid waste shall be
delivered, the Resource Recovery Board shall make everT
reasonable effort consistent with the maintenance of the
COUNTY's rights and obligations under the service agresmeits
to minimize the cost of transportation for CONTRACT
COIIMMITIES and unincorporated County or their haulers and
in this regard reasonable standards shall be adopted for the
location of the delivery of the solid waste for each
CONTRACT COMMUNITY and unincorporated County pursuant to
Section 4.7.
4_2 The COUNTY shall be responsible for the construction,
operation. maintenance and repair of transfer stations or
contingency landfills pursuant to paragraph 3_8 or other
receiving facilities utilised for the purpose of receiving
solid waste which are a part of the resource recovery
system.
4.3 In order to provide for the testing and startup of any
resource recovery system transfer or disposal facility. upon
not less than thirty I30) days notice by the COUNTY. each of
the CONTRACT COMMUNITIES and unincorporated County shall•
deliver or'cause to be delivered processable'waste to such
facility in amounts and at the times and in the manner
designated in said notice. The notice from the COUNTY shall
also state the estimated amount of processable waste to be
delivered by each CONTRACT COMMNITT and unincorporated
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County and the estimated length of time for which such
deliveries are required. In order to facilitate CONTRACT
COMMUNITY planning, the COUNTY will share information with
the CONTRACT COA04tINITIES as to the progress of construction
of all resource recovery transfer and disposal facilities.
4.4 Conmencement of Operations_ The COUNTY•s current estimate
of the approximate commercial operations date of the initial
resource recovery facilities and landfills associated
therewith is Dacember 30, 2989. The COUNTY shall' notify the
CONTRACT COMMUNITIES of any change in the estimate of the
date upon which commercial operations are to commence. The
COUNTY shall give the CONTRACT COMMUNITIES and
unincorporated County at least thirty (30) days prior notice
of the date expected to be the actual commercial operations
date of all resource recovery system transfer and disposal
facilities.
4.5 Receiving Hours, Subject to service agreements, the COUNTY
shall cause the resource recovery system to be open to
receive processable waste from 6:00 a.m. to 6:00 p.m, every
day of the year except December 25 and landfills to be open
to receive unprocessable waste at least 40 hours, five t3)
days per creek or as provided in the service agreements and
plan of operations.
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4.6 Emergency Operations/Additional Hours of Operation.
(a) Emergency Operations. In the event that. due to a
natural disaster or other emergency condition, a
CONTRACT COM1MUNITY or unincorporated County requests
the COUNTY to accept the delivery of solid waste other
than during normal receiving hours. tho COUNTY mill
accept such deliveries to the extent consistent with
the terms of the service agreements and may charge sa►
additional fee for such emergency service as determined
by the Resource Recovery Hoard.
Cb) Additional Hours of Operation_ The COUNTY may upon
request of a CONTRACT COMMUNITY or unincorporated
County agree, to the extent permitted by law and
consistent with the service agreements, to receive
solid waste at hours other than the normal receiving
hours. The requesting CONTRACT COMMUNITY or
unincorporated County shall give reasonable notice *ad
shall make its request in writing to COUNTY at least
two (2) days prior to the beginning of such delivery.
If the COUNTY provides the requested service, then
additional fees for operating outside 'the- 'normal.
receiving hours will be payable by the CONTRACT
COM1MUNITY or unincorporated County in an amount
determined by, the Resource Recovery Board.
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Temporary Reso. No. 10997 — Exhibit 1
4.7 Plan of Operations. The COUNTY and the CONTRACT COMWUNITIES
agree that at least six CB) months prior to the date that
the first resource recovery facility, landfill or
contingency landfill or transfer station. developed to meet
the COUNTX'S obligations under this Agreement becomes fully
operational, a plan of operations will be promulgated by the
Resource Recovery Board consistent with the terms of the
service agreement applicable to such facility and
disseminated to each of the parties to this Agreement. The
plan of operations shall be amended or' revised by the
Resource Recovery Board at least six t$) months prior to the
date additional resource recovery system transfer or
disposal facilities become fully operational and otherwise
from time to time as deemed appropriate. The plan of
operations shall# among other things, deal with such matters
relating to the operation, management and administration of
the resource recovery facilities, landfills, contingency
landfills and transfer stations; hours of operations;
schedules of all participants; schedule and routing of
deliveries; provisions for issuance of authorization to and
.regulation of delivery vehicles; measurements of quantity,
quality and other waste eharacteristiesi billings rules and
regulations relating to the use of the resource recovery
systems inspection of resource recovery system facilities.
and such other items as may be deemed appropriate from time
to time by the Resource Recovery Board.
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Temporary Reso. No. 10997 — Exhibit 1
4.8 Access to Resource Recovery Facilities. The COUNTY agrees
to permit, in accordance with the terms of the service
agreements and plan of operations, authorized
representatives of each CONTRACT COIMUNITY and
unincorporated County to enter all facilities of the
resource recovery system during usual business hours for
inspection purposes.
4.9 .Weighing Records. The COUNTY shall cause operators of all
resource recovery system facilities subject to the terms of
the service agreements to operate and maintain motor truck
scales calibrated to the accuracy required by Florida law
and to weigh all vehicles delivering proeessable waste.
Each vehicle delivering solid waste from a CONTRACT
CC$Mk iNITY or the unincorporated County shall have its tars
weight and cubic capacity and other information required by
the.pla.n of operations to be permanently and conspicuously
displayed on the exterior of the vehicle in a size and
location designated in the plan of operations. The COUNTr
or full service contractors may, from time to time, require
the revalidation of the 'tare weight of any vehicle or the
reweighing of unloaded vehicles. Each loaded vehiole with
processable waste shall be weighed and.,w*ight..recor.d_
produced indicating gross weight, tare weight, date, time,
vehicle identification and such other detail as may be
requested of the full service contractors under or pursuant
to their respective service agreements. The COUNTY will
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Temporary Reso. No. 10997 — Exhibit 1
cause facility operators to maintain daily records of the
total tonnage of solid waste delivered to its facility.
Within fifteen (15) days after the end of each month, the
COUNTY shall furnish or cause to be furnished to each
CONTRACT COMMUNITY and unincorporated County such weighing
records as may be reasonably required by each CONTRACT
COMMUNITY and unincorporated County to administer its
contracts with haulers of solid waste. Copies of all weight
tickets will be maintained or caused to be maintained by the
COUNTY for a period of at least two [Zl years.
4.10 Weighing Scales Not Operational - Estimates. If weighing
facilities are inoperable or are being tested. the facility
operator shall estimate the quantity of .procoaxable waste
delivered on the basis of truck volumes and estimated data
obtained through historical information pertinent to the
CONTRACT COMMUNITY or unincorporated County. The estimates
shall take the place of actual weighing records•, when the
scales are not operational. If, upon conclusion of testing,
the test indicates that a scale was inaccurate, any
adjustments of records actually recorded•since the previous
test will be made by the COUNTY pursuant to provisions of
the service agreements and plan of operations.,.
4.11 Title To and Interest in Products. The CONTRACT COMMUNITIES
and unincorporated County shall relinquish any and all title
and interest in solid waste collected within their
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Temporary Reso. No. 10997 — Exhibit 1
respective boundaries upon delivery of the solid waste to
the resource recovery system.
4.12 Manner of Delivery. Each CONTRACT COMMUNITY and
unincorporated County shall provide the COUNTY with the
following information about each hauler delivering solid
waste on its benalf to tbo resource recovery system: name
and address# make, body typo and motor vehicle registration
number of each vehicle us.eds area of coilectiona and status
as municipal vehicle operator or contract hauler.
4.13 Solid Waste Segregation Programs. The CONTRACT CCUMUN1TI15
and unincorporated County and COUNTY agree that no
provisions of this Agreement are intended to either
discourage or prohibit either voluntary or locally ordained
solid waste segregation programs segregating scrap or new or
used materials at the point o•f generation and held for
purposes of rouse or recycling.
4.14 Other Contracts for Waste Delivery. The COUNTY agrees to
the extont consistent with the service agreements that
neither it nor any operator of resource recovery disposal
facilities, landfills, contingency.la-nd,f-ills sTJrapsfer
stations may enter into any agreements for the disposition
of solid waste with other persons, firms or corporations
that materially impair the ability of the COUNTY to perform
its obligations to the CONTRACT COIAWUNITIE5 and
unincorporated County under this Agreement.
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Temporary Reso. No. 10997 — Exhibit 1
4.15 Except for emergency operations in accordance with section
4.6 of this Agreement, the COUNTY agrees, subject to the
terms of the service Agreements, that neither it nor any
full service contractor will .enter into any agreement for
the disposal or transfer of solid waste with any municipal
corporations of tine State of Florida located in the COUNTY
that contain terms more favorable to such party than the
price and terms that are provided for under this Agreement.
without the approval of the Resource Recovery Board.
4.16 Spot and Short Term Disposal- The CONTRACT COMMUNITIES and
unincorporated County hereby agree that the COUNTY, or any
full, service contractor providing solid waste disposal or
transfer services on behalf of the COUNTY, is authorised to
accept solid waste on a spot or short-term basis of less
than on•e year, from private haulers, in order to fully
utilise the capacity of any resource recovery facility, so
long as the capacity to receive solid waste delivered on
behalf of any CONTRACT COMMUNITY and unincorporated County
is not impaired.
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Temporary Reso. No. 10997 — Exhibit 1
ARTICLE 3
RESOURCE RECOVERY BOARD/SPECIAL DISTRICT
5.1 Creation of Resource Recovery Board and Special District.
The CONTRACT COMMUNITIES and COUNTY agree that there shall
be created a special district to be known as the "Broward
Solid Waste Disposal District" pursuant to Section
125.01CS). Florida Statutes, and this Agreement. The
Resource Recovery Board shall serve as the governing board
of tb• special district for the purpose of establishing
tipping fees and service charges: advising the COUNTY•
concerning construction contracts and service agreements=
adoption of the plan of operations: and providing oversight
of the operations of the resource recovery system for the
CONTRACT 0XIMUNITIES and unincorporated County. Such
special district shall be established by. COUNTY ordinance,
in substantially the form of Exhibit D attached hereto and
made a part hereof, and be approved by ordinance of each
CONTRACT COMMUNITY in substantially the form of. Exhibit E.
attached hereto and made a part hereof. prior to March 31,
1987.
S.2 Composition. The Resource'Recovery'Board shall: be comprised
of nine C83 members. Four (4) of the elected County
Commissioners shall be appointed by the County Commission to
serve as members for a term of two C23 years_ Four C4)
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Temporary Reso. No. 10997 — Exhibit 1
members shall be appointed by the CONTRACT COMMUNITIES as
follows:
ta) One (1) member each shall be selected by the two
CONTRACT COMMUNITIES with the largest populations.
Such members shall each serve a terra of two (21 years.
(b) One (1) member shall be selected by the CONTRACT
COMMUNITY nearest to the median in site based upon
population. Such member shall serve for two [2) years.
cc) One CI) member shall be appointed by the President of
the Broward County League of Cities or its successor
organisation from its member cities that are CONTRACT
COMMUNITIES. but not otherwise having an elected member
serving on the Resource Recovery Board_ Such member
shall serve a term of two ca) years.
The remaining member shall serve a term of one (1) year and
shall be an elected County Commissioner appointed by the
County Commission in terms commencing with even numbered
years. During terms commencing with odes numbered years. the
remaining member shall be an elected official appointed by
the President of the Broward County League of Cities or its
successor organization for the 'CONTRACT COW(UNITIES from a
CONTRACT COBWUNITY not otherwise having a member on the
Resource Recovery Board in the same manner as provided in
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Temporary Reso. No. 10997 --- Exhibit 1
subsection fc) above. All members appointed by the CONTRACT
COIIUNITIES and COUNTY as provided herein shall be elected
officials of their respective CONTRACT COMWUNITY or County
Commis#fan as the case may be. Should, a member cease to be
a duly qualified elected official, the appointing authority
which appointed such individual to the Resource Recovery
board shall select a successor to serve for the remaining
term'of the original appointment. For the purpose of this
section., population figures contained in the latest estimate
of population published by the University of Florida bureau
of Economic and Business Research shall be used.
8.3 The Resource Recovery Board.shall elect one ti) of its
members as chairman and one (1) as vice-chairman to -serve
for one CI) year in that capacity or until their successors
are elected. The chairmanship of the Resource Recovery
Board shall alternate annually, with a CONTRACT CCNMUNITT
representative presiding in even numbered years and a County
Commissioner presiding in -odd numbered years. A simple
majority of the members of the Resource Recovery Board shall
constitute a quorum to conduct any of its responsibilities.
i
8.4 The'Resource Recovery Board shall meet -for the first time
during the month of April, 1987, upon the call of the
Chairman of the County Commission and thereafter
periodically not less than once each quarter, to review all
aspects of the resouroe recovery syste3a, including, but not
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Temporary Reso, No. 1.0997 — Exhibit 1
limited to, tipping fees, other fees and service charges;
revisions or amendments to the plan of operation; the
formation, implementation and revision of policies and
programs; location, relocation, establishment and
reestablishment of resource recovery system facilities to be
utilized by the CONTRACT COMMNITIES and unincorporated
County; repairs, maintenance and expansion of facilities;
approval and submission of grant applications; and any other
management or operational policies or directives which may
be needed from time to time_
S_5 The Resource Recovery Board shall adopt in accordance with
the requirements of Article 6 and Article 9 a schedule of
tipping fees and service charges for users of the facilities
and services furnished by the resource recovery system.
S.6 The COUNTY shall provide adequate staff support, including
the necessary administrative, clerical, technical and other
required staff support for the implementation and
administration of the resource recovery system during the
term of this Agreement. Such employees and consultants
shall diligently serve the interests of the Resource'
Recovery Hoard and shall nat.advocate the ,separate interests
of any CONTRACT COMMUNITY, unincorporated County or COUNTY.
The COUNTY shall consent to the request of the Resource
Recovery Hoard to hire special consultants in the event the
COUNTY does not have available the necessary resources and
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Temporary Reso. No. 10997 — Exhibit 1
expertise in a particular area, which consent shall not be
unreasonably withheld. The Resource Recovery Board may
request the COUNTY to hire special consultants to
impartially advise the Resource Recovery Board an issues
presented by the Resource Recovery Board. The expenditures
for the hiring of such special consultants as well as other
expenditures referred to in this Section 5.6 shall be deemed
a public purpose and be included in the fees and service
charges set forth in Article B.
5-7 Technical Advisory Committee. There is hereby created a
Technical Advisory Committee composed of representatives of
each CONTRACT C'O1ViMKITY and unincorporated County as
follows.
ta) The chief administrative officer of each CONTRACT
CCtMMUNITY and COUNTY steal I appoint a representative who
shall serve until replaced from the public works,
utilities or such other department which performs
similar functions for the CONTRACT COWMJNITY and
unincorporated County. The Resource Recovery Board may
appoint for two C21 year terms up to five ts)
additional members representing, waste .gene-rator.s..
recycling or environmental interests and private waste
collection companies.
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Temporary Reso. No. 10997 — Exhibit 1
(b) Each member of the Technical Advisory Committee shall
be appointed on the basis of his or her technical or
professional background which may include engineering,
solid waste management or other related activities.
ic] Each member is responsible for participating in the
activities of'the Technical Advisory Coz ►ittee,
including the attendance at meetings for the purpose of
considering technical issues regarding the resource
recovery system.
Ld) The Technical Advisory Committee shall serve in an
advisory capacity to both the Resource Recovery Board
and COUNTY.
ARTICLE 6
TIPPING FEES AND SERVICE CHARGES
6.1 The Resource Recovery Board shall adopt and revise tipping
fees and shall impose and revise service charges which in
each case shall conform with the formulas and other
requirements of this Arti'cle'S and Article 9 of this.
Agreement and in the latter case furthei shall conform with
the terms and provisions of the ordinance attached hereto as
Exhibit D.
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Temporary Reso. No. 10997 — Exhibit 1
6.2 The CONTRACT COLOiUNITIRS and COUNTY hereby agree as follows
with respect to the tipping fee for processable waste:
Cal The tipping fee for processable waste to be paid by
each hauler to COUNTY shall be FORTY FIVE DOLLARS AND
NO CENTS (645.003 per ton adjusted from October 1►
1988, in accordance with provisions of Subsections Cb)
and Cc) of this Section and Article 9 hereof.. The
elements going into the calculation of the tipping fee
are generally the COUNTY's costs of sooting its
obligations hereunder. Exhibit F to this Agreement
contains a summary of the elements of the COUNTY's
costs of meeting its obligations.
Cb) The tipping fee for processable waste specified in
Subsection Ca) of this Section shall be
Increased on a one time basis by the Resource Recovery
Board if prior to the beginning of operation of the
initial northern and southern facilities of the
resource recovery system including landfills and
cont.ingency landfills Ci) a change in law or event of
force majeure as defined in the construction contracts.
or service agreements; till change in the rate paid
full service contractors by purchasers of electrical
energy or Ciii) a change in the COUNTY's payment
obligation under the construction contracts and service
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Temporary Reso. No. 10997 -- Exhibit 1
agreements occurs which increases the COUNTT's costs of
meeting its disposal obligation pursuant to previsions
of construction contracts or service agreements. The
tipping fee increase shall fully compensate the COUNT?
for its increased costs.
Lc) The tipping fee for processabls waste each fiscal year
.commencing with the fiscal year beginning October 1,
1988, and each succeeding fiscal year thereafter shall
be adjusted automatically yearly by adding to or
subtracting from the then current fiscal year's tipping
fee tha'amount obtained by multiplying such current
tipping fee by the average change, expressed as a
percentage, of the following two indices as determined
as follows:
1. From the latest Producer (Wholesale) Price Index
for Durable Ooods for the region including Broward
County, as determined and recorded by the united
States Department of Labor. Bureau of Labor
Statistics, as available 130 days prior to the
expiration of the fiscal year in which the
calculation is being made for the next fiscal year.
subtract the amount of such index for the some date
in the next preceding fiscal year. The difference
shall be expressed as a percentage.
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Temporary Reso. No. 10997 — Exhibit 1
fd)
B. The change, expressed as a percentage, for said
period in the Contumer.price Index all urban
consumers CCFI-U) for the region including Broward
County, as determined and recorded by said Bureau
of Labor Statistics, shall be similarly calculated.
The percentage change of each of the foregoing indices
so determined shall be added together. The sum of
those numbers shall then be divided by two to determine
the average change, expressed as a percentage, of tht
two indices.
In the event that either or both of said indices shall
no longer be available during the term of this
Agreement, the Resource Recovery Board shall select a
replacement index or indices as required provided that
,any such replacement shall, in the best judgement of
the Resource Recovery Board be as nearly the same as
the replaced index or indices.
Except as provided in Article 9 of this Agreement, the
tipping fee for processable waste provided. for in this
Section 6.2 shall be calculated.and established by the
..Resource Recovery Board...a.t, .1.e.ast.,-180 days .p.rece;(ing the
Beginning of each fiscal year and shall be effective
for the next ensuing fiscal year.
WIC
Temporary Reso. No. 10997 — Exhibit 1
6.3 The CONTRACT COMMUNITIES and unincorporated County hereby
agree the tipping fee established from time to time by the
COUNTY or full service contractor and paid by haulers for
disposal of unprocessable waste will be based upon the vol-
ume and content of the unprocessable waste. At no time
shall CONTRACT COAGMNITIES and unincorporated County be
charged a tipping fee for similar unprocessable waste which
is higher than'the most favorable rate then currently being
charged by the COUNTY or full service contractor at the
disposal facility being used_
6.4 The CONTRACT COMMKITIES and COUNTY hereby consent to the
imposition and collection of 'a service charge pursuant to
Section f2s.D1CSJ. Florida Statutes, for. the purpose of
making up any "disposal obligation revenue shortfall"
projected or incurred by the COUNTY in any fiscal year. A
"disposal obligation revenue shortfall" is herein defined to
mean the difference, if any, projected or realized by the
COUNTY in any fiscal year by subtracting from the total
tipping fees and other revenue of the resource recovery
system, if any, (the "gross revenues") the projected or
actual cost of meeting its disposal obligations hereunder.
(a) Prior to the beginning of each fiscal year the Resource
Recovery Board shall estimate, based on information
provided by the COUNTY and others as appropriate, the
disposal obligation revenue shortfall, if any, under
Temporary Reso. No. 10997 -- Exhibit 1
this Agreement and shall impose or revise the servico.
charge to eliminate any estimated disposal obligstioti
revenue shortfall for the ensuing fiscal year.
[b) if during any fiscal year the gross revenues plus any
service charge revenues are inadequate to allow COUNTY
to meet its disposal obligation. the COUNTY shall
notify the Chairman of the Resource 'Recovery Board is
writing detailing the reasons for the revenue shortfall
and requesting the Resource Recovery Board to impose or
revise the service charge. The Resource Recovery Board
shall impose or revise the service charge in an amoust
sufficient to allow COUNTY to meet its current disposal
obligations hereunder and to be reimbursed over a
period of not more than twelve (12) months for
expenditures already made.
Cc) The CONTRACT COMMUNITIES and COUNTY for the
unincorporated area agree to the imposition of a
service charge by the Resource Recovery Board under the
circumstances desor'ibed in this Section 6.4. The basis
for fixing the service charge and the method of
-enforcing the •collection lof the same shall• be•:as,.set
forth in Exhibit D to this Agreement as the same may be
amended from time to time by the Resource Recovery
Board and approved by the Board of County
Commissionors.
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Temporary Reso. No. 10997 — Exhibit 1
6_5 If the net revenues of the resource recovery 'system
projected by the COUNTY from the resource recovery system
exceed the cost of meeting its disposal obligations
hereunder in any fiscal year by an amount greater than 150%,
then haulers making deliveries during such fiscal year $hall
receive a tipping fee credit in an amount which the Resource
Recovery.Board estimates will reduce net revenues to 130% of
said costs.
ARTICLE 7
COLLECTION OF TIPPING FEES
9_1 Far tipping fees, the COUNTY shall bill the haulers with
established credit, an at least a monthly basis, in
accordance with the plan of operations. Such haulers shall
pay the COUNTY the full amount of each bill within thirty
C30) days of receipt.
7_2 Should any hauler fail to pay COUNTY within such thirty C30)
day period, the hauler shall be liaDle for an additional one
and one-half percent Ci-1/2%) per month of the outstanding,
balance due_ Should any amount remain unpaid for more than
forty-five (45) days. such hauler shall be considered in
default and all of the rights accruing to the COUNTY under
this Agreement or at law may be pursued by the COUNTY,
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Temporary Reso. No. 10997 — Exhibit 1
Resource Recovery Board or any CONTRACT COMAMNITY to compel
the hauler to perform its obligations.
7.3 Dispute on Billing*.
Ca) In the event of a dispute as to a billing, the hauler
shall first pay the ful'I amount of the disputed charges
when due and shall, within thirty C80) days from the
date of the receipt of the disputed bill, give written
notice of the dispute to the COUNTY. The notice of
dispute shall identify the disputed bill, state the
amount in dispute and set forth a full statement of the
grounds on which such dispute is based.
tb') if not resolved by the hauler and the COUNTY, the
dispute shall be considered -by the Resource Recovery
Board who may accept, reject or modify.the hauler's
appeal should it determine that the amouirt of the
billing does not comply with the terms and conditions
of this Agreement_
Ca) Should a hauler disagree, with the determination of the
— Resource Recovery Board, it may `pursue any remedy
available at law except withholding payment.
7.4 The COUNTY shall have the right to set reasonable insurance
and credit requirements for participating haulers other than
M M
Temporary Reso. No. 10997 --- Exhibit 1
governmental agencies. The COUNTY shall require as a
condition of credit that haulers agree to the collection
procedures in this Article 7 including the dispute
resolution procedures in Section 7.3_
7.5 Each CONTRACT COhMUNITY and COUNTY for the unincorporated
area agree to include in any contracts or contract
amendments with haulers executed after the date of execution
hereof, a provision that the hauler shall comply with the
provisions of this Article 7 and to enforce such provision.
The COUNTY shall be a third party beneficiary of such
provision.
ARTICLE 8
ANNUAL AUDIT
8.! The COUNTY shall secure an annual external audit, consistent
with the terms of the service agreements. of the solid waste
disposal and resource recovery system by'a qualified
certified public accountant. Copies of the audit reports
are to he made available to all 'CONTRACT'CLUeiUNITIES. the
Resource Recovery Hoard and, if requested, toprivate
entities utilizing the system. The COUNTY shall maintain
separate accounts and records for each of the resource
recovery facilities, landfills, contingency landfills and
transfer stations.
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Temporary Reso. No. 10997 — Exhibit 1
ARTICLE 9
ADDITiON5 AND IMPROVZMENTS.
TO RESOURCE RECOVERY SYSTEM
9..1 This Agreement obligates the COUNTY to construct, operate,
,maintain and repair a resource recovery system or cause 0
be constructed, operated, maintained and repaired a resource
recovery system adequate for the disposal of all solid waste
collected in each CONTRACT COMWNITY and unincorporated
County and delivered to the resource recovery system
consistent with the terms of the service agreements.
Accordingly, the COUNTY may be required from time to time to
incur additional obligations. and indebtedness to pay the
cost of acquiring, constructing and reconstructing additions
and improvements t"additions and Improvements") to the
resource recovery system.
9.2 In the event the COUNTY determines that the resource
recovery system or one or more of its facilities has become
Inadequate to meet the COUNTY's.disposal. obligation under
this Agreement, but revenue projected to be derived from the
resource recovery system would not be adequate to support
the cost of such additions and improvements, the COUNTY
shall be authorised to proceed as follows:
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Temporary Reso. No. 10997 — Exhibit 1
(a) if sufficient revenue would be generated by the
imposition of an increase in the current tipping fee no
greater than 15 percent in excess of the tipping fee as
then established pursuant to Section 6.2 of this
Agreement, the COUNTY may, by resolution of its Board
of County Commissioners, request the Resource Recovery
Board to so increase the tipping fee commnencing at a
time certain, and the Resource Recovery Board shall set
the tipping fee in accordance with such request.
(b) If sufficient revenue would be generated only by the
imposition of an increase in the tipping fee in excess
of 15 percent, such.increase shall only be set by the
Resource Recovery Board upon request of the Board of
County Commissioners in the manner described in (a)
above if the County Commission and governing bodies of
CONTRACT COUMNITIES containing at least 51 percent of
the population of all the CONTRACT COMMUNITIES and
unincorporated County adopt resolutions approving the
amount of the tipping fee increase as set forth in the
resolution of the Board of County Commissioners
requesting such increase. In acting in accordance with
this subsection, the Resource Recovery Board shall rely
conclusively on a statement furnished by the University
of Florida Bureau of Economic and Business Research as,
to the current best estimates of the population of the
respective CONTRACT COMMUNITIES and unincorporated
County.
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Temporary Reso. No. 10997 -- Exhibit 1
(c) If the 91 percent approval required by subsection (b)
cannot be obtained within six (6) months of the County
Commission passing its resolution requesting a tippitg.
fee increase and if the COUNTY cannot otherwise satirfy
revenue requirements so as to incur obligations or
Indebtedness adequate to pay the cost of additions aid
improvements necessary to meet the disposal obligation.
the COUNTY, with the advice of the Resource Recovery
Board, shall calculate the tons per day by which
current disposal obligation exceeds the capacity of
resource recovery system facilities. The plan of
operations will be revised by the Resource Recovery
Hoard in such a manner as required to reduce, in an
equitable, pro rats fashion to be determined at the
time, the tons per day which each CONTRACT COMMUNITY
and unincorporated County will be entitled to deliver
or cause to be delivered to resource recovery system
facilities.
ARTICLE 10
OBL IOAT I ONS UNDER THIS ' AGREEMENT' 'ARE =- .'. '
NOT INDEBTEDNESS OF ANY CONTRACT COMMUNITY OR COUNTY
10.1 The respective obligations of each CONTRACT CO1tMMMUNITY and
COUNTY under this Agreement shall not be an indebtedness of
such CONTRACT COMMUNITY or COUNTY within the meaning of any
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'temporary Reso. No. 10997 Exhibit I
constitutional, statutory, charter or ordinance provision or
limitation of such CONTRACT 001G[UNITY or COUNTY. Neither
CONTRACT COMMUNITY nor COUNTY is obligated to pay or cause
to be paid any amounts due under this Agreement except in
the manner provided herein, and the faith and credit of such
CONTRACT COMMUNITY and COUNTY is not pledged to the payments
Of any &Maurits due under this Agreement.
This Agreement shall not require any CONTRACT COMMUNITY or
COUNTY to levy or pledge any taxes whatsoever for the
payment of a►ny amounts due under this Agreement.
ARTICLE 11
RELATIONSHIPS OF THE PARTIES
11.1 Except.&$ set forth herein. no parties to this Agreement
shall have any responsibility whatsoever with respect to
services provided or contractual obligations assumed by the
other party and nothing in this Agreement shall be deemed to
constitute any party a partner. agent, or local
representative of the other party or to create any type of
fiduciary responsibility or relationship of any kind
whatsoever between the parties. The obligations to this
Agreement are not joint, the obligations are separate and
several between each of the CONTRACT COMMUNITIES and COUNTY.
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Temporary Reso. No. 10997 -- Exhibit 1.
ARTICLE 12
MMISCELLANEOUS
12.1 Assignment. This Agreement, or any interest herein, may rot
be assigned, transferred or otherwise encumbered, under aiy
circumstances by any party without the prior written consent
of the other parties to this Agreement. The parties agree,
however, that the COUNTY may assign rights and obligations
under this Agreement as is necessary by the COUNTY with tie
advice of the Resource Recovery Board for the provisions -of
solid waste disposal services under this Agreement,
12.2 State and Federal Laws. The pprovisions of -solid waste
disposal servi ass' under this Agreement shall comply with ill
applicable state and federal laws. This Agreement shall be
construed in accordance with the laws of the State of
Florida.
12.3 COUNTY Records. The COUNTY agrees to maintain and cause its
full service contractors pursuant to the terms of the.
service agreements to maintain complete and accurate
account i.ng records for sol id, wpatg tr*ns.fer o.r di-sposal
services provided to the CONTRACT CobWNITIES and
unincorporated County_ The COUNTY agrees to maintain, or
cause to be maintained information in sufficient detail to
permit each CONTRACT CONMUNITY to ascertain the cost of
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Temporary Reso. No. 10997 — Exhibit 1
solid waste services provided, pursuant to this Agreement,
separate and apart from the cost of other services of the
COUNTY. Upon reasonable notice given by any CONTRACT
COWUNITY, the COUNTY shall make available or have made
available to such CONTRACT COAMUNITY all books, records,
computer programs, printouts, memoranda of any kind
whatsoeverregarding all of the operations of the resource
recovery system at the cost of the party seeking such
information.
12.4 Notices. All notices, consents and other ConnUniCations
required. permitted or otberwiaa delivered under this
Agreement shall be in writing and be delivered either by
hand with proof of delivery or mailed by first class
registered or certified mail, return receipt requested,
postage prepaid. and in any case shall be addressed as
provided in Exhibit B, attached hereto and made a part
hereof.
Changes in the respective addresses of CONTRACT COMMUNITIES
provided in Exhibit B and of COUNTY provided on the
signature page may be made from time to time by either party
by notice to the other party. Notices and consents given by
mail in accordance with this section shall be deemed to have
been given five (5) business days after the day of dispatch;
notices and consents given by any other means shall be
deemed to have been given when received.
ays
Temporary Reso. No. 10997 — Exhibit 1
12.3 Grant Information. The CONTRACT CCUMNITIRS agree to
provide the COUNTY and.the Resource Recovery Board with oil
relevant information that any federal, state or local
agencies may require in the application for financial
assistance in the acquisition or construction of the
resource recovery facilities and in the provisions of Yol(d
waste disposal services to them. The parties agree to adopt
such regulations, execute such agreements and do such•worl
as may be required by federal, state or local agencies as
part of any such application for financial assistance to the
resource recovery facilities.
12.6 Incorporation of Agreements. This document supersedes all
prior negotiations, correspondences conversations,
agreements, or understandings, applicable to the matters
contained therein. accordingly. it is agreed that no
deviation from the terms hereof shall be predicated upon any
prior representations or agreements, whether oral or
written. It is further agreed that no modification,
amendment or alteration in the terms or conditions contained
herein shall be effective unless contained in a written
document execut-ed by -t-he governing bodies -of CONTRACT
CO#IMUNITIRS and County Co=nission containing at least 31
percent of the population of all CONTRACT COiiUUNITIES and
unincorporated County. No modification or alteration shall
be adopted which reduces the term of this Agreement as
provided in Article 16 hereof.
-4s-
Temporary Reso. No. 10997 — Exhibit 1
12.7 Additional CONTRACT COMMUNITIES. After March 31, 1987, and
throughout the term of this Agreement, any municipal
corporation existing under the laws of the State and located
in COUNTY which is not already a CONTRACT COMMUNITY may
become a CONTRACT COMMUNITY only under the following terms
and conditions:
(a) Any municipal corporation wishing to become a CONTRACT
COMMUNITY, hereinafter referred to as "Nominee", shall
give written notice to the COUNTY and Resource Recovery
Board ch or before March 31 of the Nominee's desire to
become a CONTRACT COMMUNITY as of the following October
1, the beginning of the next fiscal year.
[b] In its written notice, Nominee shall certify that it
has approved this Agreement, as it may have been
modified or amended as of that date, and adopted the
ordinances required of CONTRACT COWUNITIBS attached to
this Agreement as Exhibits C and E, as such have been
modified or amended as of that date. The effective
date of this Agreement and ordinances shall be the
following October 1'.
C0 The written notice shall further acknowledge Nominee's
agreement to waive provisions of Section 4.1 of this
Agreement regarding the minimising of transportation of
aIIrm
Temporary Reso. No. 10997 --- Exhibit 1
solid waste and cost of such transportation by the
Resource Recovery Board'in'the plan of operations if
existing CONTRACT COMMUNITIES would be required to
either modify their then existing operations or incur
additional costs unless such existing CONTRACT
COMMUNITIES waive this provision in writingtothe
Resource Recovery Board.
(d) The Nominee shall also agree to pay a proportionate
share of past costs associated with development of the
resource recovery system, the provision of contingency
landfill: capacity and other similar costs. The
Resource Recovery Board shall, upon written request of
any munici'pai corporation eligible to become a Nominee,
provide a quotation of potential Nominee's share of
such past costs which shall be based upon the estimated
quantity and quality of the potential Nominee's solid
waste which the COUNTY would be required to dispose of
over the remaining life of this Agreement. Payment of
such past costs to the COUNTY may be made as a lump sum
by a Nominee upon becoming a CONTRACT COMMUNITY or may
be made by it in equal annual installments over the
rema-ining term of this Agreement- There .ahal.l.. be no
prepayment penalty. Interest on any unpaid balance
shall be computed based upon the maximum rate paid on
any Broward County Resource Recovery Revenue Bonds
Series 1984 designated f.or construction of any portion
of the resource recovery system.
-48-
Temporary Reso. No. 10997 --- Exhibit 1
(e) When a Nominee has agreed to all of the above terms and
met all of the above conditions, the COUNTY shall give
written notice to the Nominee, existing CONTRACT
COMMUNITIES and Resource Recovery Board that the
Nominee will become a CONTRACT COMMUNITY for all
purposes of this Agreement and Exhibits A and B of this
Agreement will be modified as appropriate on the
following October 1.
12.8 Confidentiality. Each, CONTRACT COMMUNITY acknowledges that
information COUNTY obtains from a fu1.1 service contractor
may be subject to confidentiality restrictions under the
construction contracts and service agreements to the extent
consistent with applicable law.
12.9 Severability. In the event that any provision of this
Agreement shall, for any reason, be determined to be
invalid, illegal or unanforcaable in anq respect. the
parties hereto shall negotiate in good faith and agree as to
such amendments. modifications or supplements of or to this
Agreement or such other appropriate actions as shall, to the
maximum extent 'Practicable in light 'of such, determination,
implement and give affect to the intentions of the parties
as reflected herein, and the other provisions of this
Agreement shall, as so amended, modified or supplemented, or
otherwise affected by such action, remain in full force and
effect_
-49-
Temporary Reso. No. 10997 — Exhibit 1
12.10 Representations and Warrantless Legal Opinions. Each of
the CONTRACT COMMUNITIES and COUNTY hereby represents and
warrants as to itself as follows and each CONTRACT
COMMUNITY hereby agrees to provide to the COUNTY's bond
counsel and to the COUNTY's General Counsel a favorable
opinion of its Counsel dated. as of such date that they msy
request and on which they may rely in furnishing opinions
to the full service contractors to the following effect:
(a) It is duly organised and validly existing under the
constitution and lags of the State of Florida. with full
legal right, power and authority to enter into and
perform its obligations hereunder:
(b) Thi's Agreement has been duly authorised, executed and
dellvered.by it and constitutes its legal, valid and
binding obligation, enforceable against it in accoidance
+rith its terms (except as such enforceability may be
limited by Article X, Section 13 of the Florida;
Constitution or bankruptcy, moratorium, reorganisation
or similar laws affecting the right of creditors
(c) Neither the execution or delivery by it of this
Agreement, nor the performance of its obligations
hereunder or the fulfillment of the terms and conditions
-50-
Temporary Reso. No. 10997 — Exhibit 1
hereof: (i) conflicts with, violates or results in a
breach of the Constitution, any law or government
regulation of,the State_of Florida, or any other local
law or ordinance or c1i) conflicts with, violates or
results in any breach of any term or condition o.f any
judgment or decree, or any agreement or instrument to
which it is a party or by which it or any of its
properties or assets are bound. or constitutes a default
thereunder;
[d) Except for the procedures provided under Section
its-oi[Sl. Chapter 163 and Chapter 75 of the Florida
Statutes, and such action as has already been taken, no
approval, authorixation.,or order of. or any consent or
declaration, registration of filing with, any
governmental authority of the State of Florida or any
referendum or other action of voters [by election,
action by town or city council or otherwise) is required
for the valid execution, delivery and performance of
this Agreement by its
[e) Except as disclosed in writing to the other parties
prior to its execution and delivery of .th.is Agreement#
to its beat knowledge, there is no action, suit or
proceeding, at law or in equity, or any official
investigation before any court or governmental authority
nor any referendum or other voters' initiative pending
Mi C
Temporary, Reso. No. 10997 — Exhibit 1
or, to its best knowledge, threatened against it which
might materially adversely affect the taking or exercise
by the Special District.o-r the Resource Recovery Board
of the notions to be taken by either of them or the
powers to be exercised by either of them under this
Agreement.. or the performance by either of them or it of
their and its obligations under this Agreement or which
challenges, or if adversely' determined might materially
adversely affect, the validity, legality or
enforceability of this Agreement.
ARTICLE 13
INDEMNIFICATION
13_1 To the maximum extent permitted by law. the COUNTY .and each
CONTRACT COYWNITY shall indemnify, defend and hold harmless
the other, their officers, employees and agents from and
against any llabi•lity, claims, demands, actions, costs,
expenses, losses or damages whatsoever. including reasonable
attorney's tees, that may in any way result from any
negligent acts arising out of.the performance of its
obligations under this Agreement.
-58-
Temporary Reso. No. 10997 Exhibit 1
ARTICLE 14
CONTRACTS WITH HAULERS
14.1 Each party to this Agreement agrees to cause the terms and
conditions of any agreement that it may have with a hauler
of solid waste to conform with the terms and conditions of
this Agreement within 24 months of its exeoution hereof.
ARTICLE 15
CESSATION
15.1 If any CONTRACT COMMUNITY, unincorporated County or COUNTY
shall fail to perform or observe any of the material terms
and conditions of. this Agreement for a period of sixty (60)
days after receipt of notice of such default from another
party or Resource Recovery Board, the party giving the
notice of default may be entitled, but not required.. to seek
specific performance of this Agreement. The parties
acknowledge that money damages may be an'inadequote remedy
for the failure to perform and that .the party giving notice
is entitled to obtain an order requiring specific
performance by the other party. Failure of any party to
exercise its rights in the event of any breach by another
party shall not constitute a waiver of such rights. No
party shall be deemed to have waived any failure to perform
by another party unless such waiver is in writing and signed
a-kz
Temporary Reso. No. 10997 — Exhibit 1
by the waiving party. Such waiver shall be limited to tle
terms specifically contained therein. This paragraph shall
be without prejudice to the right of any party to seek such
just legal remedy for any breech of the other as may be
available to it.
13.2 Resource 'Recovery Board shall provide for the equitable
distribution of .the Broward Solid Waste Disposal District's
assets and liabilities to the CONTRACT COAMUNITIES.
unincorporated County and COUNTY at the end of the term of
this Agreement. The Resource Recovery Board shall consider
any perpetual maintenance responsibilities of the COUNTY in
mak.ing such distributions.
ARTICLE 16
DURATION
16.1 This Agreement shall be effective for each CONTRACT
COMMUNITY and unincorporated County from the date of
execution for a period ending twenty txpl years from the
date the initial northern or southern resource recovery
facility or contingency. I-andfil1 -arervicing- the --applicable.
CONTRACT CCmIIRLTNiTT or uninoorporated County as provided for
in the plan of operations becomes operational in accordance
with the terms of the service agreements or otherwise, but
in no event earlier than the later of the final maturity 'of
-54-
Temporary Reso. No. 10997 -- Exhibit 1
any indebtedness of the COUNTY issued with respect to the,
resource recovery system or expiration of the initial term
of the northern and southern resource recovery facility
service agreements_
IN WITNESS WHEREOF, the parties hereto have made and
executed this Agreement an the respective dates under each
signatures BROWARD .COUNTY through its BOARD OF COUNTY
COMMISSIONERS, signing by and through its Chairman. authorised to
execute same by Board action on the 3�40t day of
1987 , and each CONTRACT COMMUNITY, signing by and through
officers duly authorized to execute same.
==1ti=
Temporary Reso. No. 10997 — Exhibit 1
C O U N T T
ATTEST:
aCouney Administrator and Ex-
Officio Clerk of th'e Board of
'County Commissioners of
Browrard County, Florida
BROWARD COUNTY. through its
ZOARD OF COUNTY COMMISSIONERS
By
66 1 ram
2 .'l" day ofAP6(
.19CU.
Approved as to form and legality by
Office of General Counsel
for Brorrard County. Florida
SUSAN F. DELEGAL. General Counsel
Governmohtal Csater, Suit• 42.3
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 337-7800
Assistant General Counsel
VICTOWA FIALXC b,VSKI MINARD
-so-
Temporary Reso. No. 10997 — Exhibit 1
C O• N T R A C T C O M M U N I T Y
WITNESS: CITY OF COCONUT CREEK
Name of Contract Community
day of 19
ATTEST: By. � ' A - —
City Manager
31st day of March 19 87
Xty CIerk
APPROVED AS TO F RM:
XCoiffORATE SEAL
Ci y AttorAey
r
-57-
Temporary Reso. No. 10997 — Exhibit 1
EXHIBIT A
NAMES OF THE CONTRACT COAOIiJN=S
i
1.
Fort Lauderdale
2.
Coral Springs
3.
Plantation
4.
Sunrise
5.
Deerfield Beach
6.
Margate
T
Miramar
S.
Davie
9.
Tamarac
10.
Lauderdale Lakes
11.
North Lauderdale
12.
Coconut Creek
13..
Cooper City
14.
Wilton Manors
15.
Lighthouse Point
16.
Pembroke Park
17.
Lauderdale -by -the -Sea
18.
Hillsboro Beach
19.
Oakland Park
20.
Hollywood
21.
Lazy Lake
22.
Lauderhill
23.
Sea Ranch Lakes
24.
Weston
Temporary Reso. No. 10997 — Exhibit 1
1= 30-t1.:3=Vfo 3
NAMES TO WHOM NOTICES ARE TO BE DIRECTED
Mayor
City of Fort Lauderdale
100 North Andrews Avenue
Ft. Lauderdale, Florida 33301
2. Mayor
City of Coral Springs
9551 West Sample Road
Coral Springs, Flolrida 33065
1 Mayor
City of Plantation
400 N. W_ 73 Avenue
Plantation, Florida 33317
4. Mayor
City of Sunrise
10770 West Oakland Park Boulevard
Sunrise, Florida 33321
5. Mayor
City of Deerfield Beach
150 N.E. Second Avenue
Deeerfield Beach, Florida 33441
6. Mayor
City of Margate
5790 Margate Boulevard
Margate, Florida 33063
T Mayor
City of Miramar
6700 Miramar Parkway
Miramar, Florida 33023
S. Mayor
Town of Davie
6591 S.W. 45 Street
Davie, Florida 33314
—59—
Temporary Reso. No. 10997 — Exhibit 1
9. Mayor
City of Tamarac
7525 N.W. 88 Avenue
Tamarac, Florida 33321
10. Mayor
City of Lauderdale Lakes
4300 N.W. 36 Street
Lauderdale Lakes, Florida 33319
11. Mayor
City of North Lauderdale
701 S.W. 71 Avenue
North Lauderdale, Florida 33068
12. Mayor
City of Coconut Creek
4800 W. Copans Road
Coconut Creek, Florida 33066
13. Mayor
City of Cooper City
9090 S.W. 50 Place
Cooper City, Florida 33328
14. Mayor
City of Wilton Manors
524 N.E. 21 Court
Wilton Manors, Florida 33305
15, Mayor
City of Lighthouse Point
2200 N.E. 38 Streeet
Lighthouse Point, Florida 33064
16. Mayor
Town of Pembroke Park
3150 S.W. 52 Avenue
Pembroke Park, Florida 33023
17, Mayor
Town of Lauderdale -by -the -Sea
4501 Ocean Drive
Lauderdale -by -the -Sea, Florida 33308
.m
Temporary Reso. No. 1.0997 — Exhibit 1
18. Mayor
Town of Hillsboro Beach
1210 Hillsboro Mile Boulevard
Hillsboro Beach, Florida 33062
19. Chairman, Board of County Commissioners
Broward County Governmental Center - Room 421
115 South Andrews Avenue
Ft. Lauderdale, Florida 33301
20. Mayor
City of Oakland Park
3650 N'.E. 12 Avenue
Oakland Park, Florida 33334
21. Mayor
City of Hollywood
2600 Hollywood Boulevard
Hollywood, Florida 33022-9045
22. Mayor
Village of Lazy Lake
2250 Lazy Lane
Lazy Lake, Florida 33305
23. Mayor
City of Lauderhill
2000 City Hall Drive
Lauderhill, Florida 33313
24. Mayor
Village of Sea Ranch Lakes
l Gate House Road
Sea Ranch Lakes, Florida 33308
25. Mayor
City of Weston
2500 Weston Road, Suite 101
Weston, Florida 33331
-61-
Temporary Reso. No. 10997 _.. Exhibit 1
ORDINANCE NO.
AN ORDINANCE ESTABLISHING SOLID WASTE FLOW
CONTROL PURSUANT TO SECTION 403.713, FLORIDA
STATUTES AND SECTION 3.3 OF THE INTERLOCAL
AGREEMENT DATED NOVEK13JM 25, 1986 BY AND
BETWEEN THE, CONTRACT COMMUNITIES AND BROWARD
COUNTY, FLORIDA; DIRECTING THE DELIVERY OF ALL
SOLID WASTE WITHIN [ THE
UNINCORPORATED AREA OF THE COUNTY OR ITS
GEOGRAPHICAL BOUNDARIES] TO THE RESOURCE
RECOVERY SYSTEM DESCRIBED HEREIN;
RELINQUISHING TITLE TO SOLID WASTE COLLECTED
OR GENERATED WITHIN ITHB 'UNINCORPORATED AREA
OF TEE MEWTV OR IT9 GEDGRAP=CAL BCMINDARIES
UPON DELIVERY OF SUCH SOLID WASTE TO SAID
RESOURCE RECOVERY SYSTEM; AND PROVIDING AN
EFFECTIVE DATE.
WEMEAS, because of the contour, elevation and high. ground
water level of Broward County, Florida (the "County"), disposal
of solid waste through means' other than landfills has been
encouraged; and
WBEkEAS, the Legislature of the State of Florida has
discouraged the dumping or burying of solid waste matter and
the use of sanitary landfills as the sole method of disposal of
solid waste; and
. EAS, because of - environmental concerns with- utilizing
of landfilling as the sole method of disposal of solid waste
generated by the residents and visitors of the County, certain
Temporary Reso. No. 10997 - Exhibit 1
municipalities within the county and the County have sought a
joint solution to such concerns; and
WHEREAS, Section 403.713, Florida Statutes, provides that
(1) "any local government that undertakes resource recovery of
solid waste pursuant to general law or special act may control
the collection and disposal of solid waste, as defined by
general law or such special 'act, which is generated within the
territorial boundaries of such local government and other locaL
governments which enter into interlocal agreements for the
disposal of' solid waste with the local government sponsoring
the resource recovery facility", (2) "any local government
which undertakes resource recovery of solid waste pursuant to
general law or special act may institute a flow controL
ordinance for the purpose of ensuring that the resource
recovery facility receives an adequate quantity of solid waste
from solid waste generated within its jurisdiction", and (3)
"such solid waste will not include scrap, or -new or used
material, separated at the point of generation and held for
purposes of recycling, which shall be subject to state and
local public health and safety laws"; and
WEUMEAS, consistent with Chapter 403, Part IV, Florida
Statutes and in furtherance of addressing the problems created
by the disposal of solid waste, certain municipalities within
the County (the "Contract Communities") have entered into an
interlocal Agreement, dated November 25, 1986, (the "interlocal
-2-
Temporary Reso. No. 10997 - Exhibit 1
Agreement"), with the County which provides for,' among other
things, the disposal of solid waste generated within the
Contract Communities and the unincorporated area of the County;
and
WHEREAS, Section 3.3 of the Interlocal Agreement provides
that each Contract Community and the County agree to enact a
waste. flow control ordinance as set forth in,Section 403.713,
Florida Statutes, directing that solid waste generated within
each such Contract Community and the unincorporated area of the
County be delivered to the designated resource recovery system
tra-nsfer, or disposal facility or facilities as provided in the
Interlocal Agreement; and
WBERMS, each Contract Community and the County further
agree to include in any contract with haulers a provision that
all municipal solid waste shall be delivered to the resource
recovery system 'transfer or disposal facility or facilities
designated in the plan of operations developed pursuant to the
Interlocal Agreement; and
WK, ARE, be it ordained by the [governing body of
Contract Community or Board of Commissioners of Broward
County], Florida, that:
Section 1. Findinq_s.
The findings set forth in the foregoing preamble to this
Ordinance are hereby approved and confirmed.
Section 2. Definitions.
-3-
Temporary Reso. No. 1.0997 - Exhibit 1
For the purpose of this Ordinance, the definitions
contained in the Interlocal Agreement shall apply unless
otherwise specifically stated in this Section. When not
inconsistent with the context, words used in the present tense
include the future, words in the plural number include the
singular and words in the singular number include the plural.
The word "shall" is always mandatory and not merely directory.
(a) Contract Communities. The term "Contract
Communities" shall refer to the municipal corporation or
corporations existing under the laws of the State' of Florida
located within the county that from time to time enter into the
Interlocal Agreement.
(b) County. The term "County" shall refer to
Broward County, Florida, a political subdivision of the State
of Florida.
(c) Hauler. The term "hauler" shall refer to those
persons, firms or corporations or governmental agencies
responsible (under either oral or written contract, or
otherwise) for the collection of solid waste within the
geographic boundaries of the Contract Communites and
transportation to the resource recovery system.
(d) Interlocal Agreement. The term "Interlocal
Agreement" shall refer to that certain Interlocal Agreement,
dated November 25, 1986, by and among the County and the
-4-
Temporary Reso. No. 10997 - Exhibit 1
Contract Communites, .as amended or supplemented from time to
time pursuant to the provisions of the Interlocal Agreement.
(a) ve m. The term "resource
recovery system" shall refer to the resource recovery
facilities which are constructed, operated and maintained or
caused to be constructed, operated and maintained pursuant to
the Interlocal Agreement.
(f ) Solid Wasil2. The term "solid waste" shall have
the meaning set forth in Chapter 403, Part IV, Florida
Statutes, as amended from time to time, as limited or expanded
by- the terms "processable waste,. unprocessable waste and
unacceptable waste" set forth in the Interlocal Agreement.
(g) District. 'The term "District" shall refer to
the Hroward Solid Waste Disposal District created by the County
and approved by the governing bodies of the Contract
Communities pursuant to the Interlocal Agreement.
Section 3. Haajt& Flow Control.
(a) It is the purpose of this Ordinance to require
all inhabitants and persons within the [City of or
the unincorporated area of the County], Florida to use
exclusively the resource recovery system identified in the
Interlocal Agreement for the. disposal of all solid waste
generated within the [City of or the unincorporated
area of the County] for the purpose of ensuring that the
-5-
Temporary Reso. No. 10997 - Exhibit 1
resource recovery system receives an adequate quantity of solid
waste from solid waste generated within its boundaries.
(b) The [City of , or the County on behalf
of the unincorporated area of Broward County,] Florida hereby
directs that all solid waste generated within [its geographic
boundaries or the unincorporated area of the County) be
delivered to' the resource recovery system transfer or disposal
facility or facilities- designated in the plan, of operation
under the Interlocal Agreement and further hereby relinquishes
any and all title and interest in solid waste collected or -
generated within its geographical boundaries upon delivery of
such solid waste to the resource recovery -system transfer or
disposal facility or facilities designated in said plan of
operations.
(c) The (City of or the Board of
Commissioners of Broward County,) Florida will conform the
terms and conditions of any agreement that it may have with a
hauler of solid waste to the terms and conditions of the
Interlocal Agreement.
(d) Nothing herein is intended to either discourage
or prohibit either voluntary or, locally ordained solid waste
segregation. programs segregating. scrap or new or used materials
at the point of generation and held for purposes of recycling.
-6-
Temporary Reso. No. 10997 — Exhibit 1
Section 4. Effective Date. This Ordinance shall
become effective immediately upon compliance with.any statutory
requirements relating to,nvtice and publication hereof.
DONE AND ADOPTED in regular session this day of
19 .
By:
-7-
(GOVERNING BODY]
Title:
Temporary Reso. No. 10997 - Exhibit 1
f*081l1-3lr�il
ORDINANCE NO. 87-3
AN ORDINANCE CREATING THE BROWARD SOLID WASTE
DISPOSAL DISTRICT; PROVIDING FOR ITS GOVERNANCE
BY THE RESOURCE RECOVERY BOARD AND THE TERMS,
COMPOSITION AND DUTIES OF SAID BOARD; PROVIDING
FOR THE IMPOSITION BY SAID BOARD OF SERVICE
CHARGES FOR SOLID WASTE DISPOSAL SERVICES TO BE
PROVIDED WITHIN THIS DISTRICT ON THE OWNERS OF
IMPROVED REAL PROPERTY WITHIN THE DISTRICT;
PROVIDING FOR SUCH SERVICE CHARGES TO BE IMPOSED
BY RATE RESOLUTION OF SAID BOARD FOLLOWING
PUBLIC HEARING; PROVIDING FOR THE PROCEDURES FOR
ESTABLISHING SERVICE CHARGE ROLLS BY - THE
PROPERTY APPRAISER OF BROWARD COUNTY AND THE
COLLECTION OF SERVICE CHARGES BY THE COUNTY TAX
COLLECTOR; PROVIDING FOR DISCOUNTS FOR EARLY
PAYMENT OF SERVICE CHARGES; PROVIDING THAT
DELINQUENT SERVICE CHARGES SHALL CONSTITUTE
LIENS ON THE IMPROVED REAL PROPERTY ON WHICH
SUCH SERVICE CHARGES WERE IMPOSED; PROVIDING
PROCEDURES FOR APPEALS TO THE RESOURCE
RECOVERY BOARD; PROVIDING PROCEDURES IF SERVICE
CHARGES ARE OMITTED; PROVIDING FOR SERVICE
CHARGES APPLICABLE TO GOVERNMENTAL AGENCIES,
LEASEHOLD INTERESTS AND TAX --EXEMPT PROPERTY;
PROVIDING RELIEF FROM SERVICE CHARGES UNDER
CERTAIN CIRCUMSTANCES; PROVIDING FOR SEVER -
ABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING AN EFFECTIVE. DATE.
(Sponsored by the Board of County Commissioners)
WHEREAS, Broward County, Florida (the "County"), is authorized
pursuant to Section 125.010) (k) and (p), respectively, Florida Statutes, to
provide and regulate waste collection and disposal and. .to enter .into
agreements with other governmental agencies within the boundaries of the
County for joint performance by one unit in behalf of the other, of any of
either agency's authorized functions; and
Temporary Reso. No. 10997 — Exhibit 1
WHEREAS, the. County has heretofore incurred System Indebtedness
(hereinafter defined) pursuant to Chapter 159, Part 11, Florida Statutes,
and Chapter 166, Florida Statutes, for the' purpose of acquiring and con-
structing the Resource Recovery System (hereinafter defined) and entered
into contractual arrangements with the Full Service Contractors (hereinafter
defined) for the purpose of providing for the disposal of solid waste
collected within the unincorporated area of the ' County and the municipali-
ties within the County which have or will become party to the Interlocai
Agreement, as hereinafter defined (the "Contract Communities") ; and
WHEREAS, Section +403: i13, Florida Statutes, provides that any Incal
government that undertakes resource recovery of solid waste may control the
collection and disposal of solid waste which is generated within the
territorial boundaries of such local government and other local governments
which enter into interlocal agreements for the disposal of solid waste with
the local government sponsoring the resource recovery facility and that any
such local government which undertakes resource recovery of solid waste
may institute a flow control ordinance for the purpose of ensuring that the
resource recovery facility receives an adequate quantity of solid waste from
solid waste generated within its jurisdiction; and
WHEREAS, the County and Contract Communities each have or will
have entered into an Interlocal Agreement (hereinafter defined) pursuant to
which the parties have or will have agreed to cause the solid waste
collected within their respective -boundaries to be delivered to the Resource
PC
`I eniparary Reso. No. 10997 — Exhibit 1
Recovery System and to pay for such services as provided in the Interlocal
Agreement; and
WHEREAS, the County and Contract Communities each have or will
have adopted waste flow control ordinances directing that solid waste
generated within their respective geographical boundaries be delivered to
the Resource Recovery System; and
WHEREAS Section 125.01(5) , Florida Statutes, provides that the
governing body of a county shall have the power to establish special dis-
tricts to include both incorporated and unincorporated areas, subject to the
approval of the governing body of the incorporated area affected, within
which may be provided municipal services and facilities from funds derived
from service charges within such district only and that the governing body
of such special district shall be composed of county commissioners and may
include elected officials of the governing body of an incorporated area
included in the boundaries of the special district with the basis of appor-
tionment being set forth in the ordinance creating the special district;
and
WHEREAS, the County and Contract Communities have or will have
agreed in the Interlocal Agreement that there shall be created a special
district pursuant to Section 125.01(5) , Florida Statutes, for the purpose of
establishing tipping fees, user charges and service charges, advising the
County concerning Construction Contracts and Service Agreements and
providing oversight of the operations of the Resource Recovery System for
the Contract Communities and the County; such creation to be effected by
-3-
Temporary Reso. No. 10997 — Exhibit 1
County ordinance and to be approved by ordinance of each Contract
Community; and
WHEREAS, the County and Contract Communities have further agreed
or will further agree in the Interlocal Agreement pursuant to the express
authority contained in Section 125.01(5), Florida Statutes, to the imposi-
tion and collection by the Resource Recovery Board (hereinafter defined),
the governing body of the special district hereinafter created, of service
charges for the purpose of making up Disposal Obligation Revenue Shortfalls
(hereinafter defined) projected or incurred by the County in any Fiscal Year
(hereinafter defined) ; NOW, THSRFFORP,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
BROWARD COUNTY, FLORIDA:
Section 1. FINDINGS_
1.o1 The findings set forth in the foregoing preambles to this
Ordinance are hereby approved and confirmed.
Section 2. DEFINITIONS.
2.01 For the purpose of this Ordinance, the definitions contained
in the Interlocal. Agreement shall apply unless otherwise specifically .-stated,
in this section. When not inconsistent with the context, words used in the
present tense Include the future, words in the plural number include the
-4-
Temporary Reso. No. 10997 - Exhibit 1
singular, and words in the singular number include the plural. The word
"shall" is always mandatory and not merely directory.
(a) Addendum means the list prepared by the Property
Appraiser and
confirmed by the Resource Recovery Board for
each Fiscal Year in which the Service Charge is imposed con-
taining the same information as the Service Charge Roll as to
any parcels of
Improved Real Property not incorporated in the
corresponding
Service Charge Roll and. incorporating any
changes as to
the information specified for any parcel of
Improved Real
Property on the corresponding' Service Charge
Roll.
(b) Chairman means the Chairman of the Resource Recovery
Board and any successor to his functions.
(c) Commercial Improved Real Propert means all Improved Real
Property primarily used for commercial activities and enter-
prises and excludes all Improved Real Property primarily used
for residential purposes, including but not limited to, such
residential uses as single family residences, condominiums,
multiple family residences or, apartments, motels and commer-
cial trailer parks.
(d) Construction Contracts means the contracts to be entered
into by the County and SES Broward Company, Limited Partner-
ship pursuant to Resolution No. 86-3007. dated August 19,
1986, and Broward Solid Waste Energy Company, Limited Partner-
ship pursuant to Resolution No. 86--3750 dated September 30,
1986, and any successors thereto to design, construct, test,
maintain, repair .and have accepted' the southern facility and
northern facility, respectively, or any other Full Service
Contractors to design, construct, test, maintain and repair a
part of the .Resource Recovery System.
(e) Contract Communities means the municipal corporations
located within the County which are both parties to the
Interlocal Agreement and included within the District.
(f) Counly means Broward County, Florida,. .a-- political: sub-
division of the State of Florida.
(g) County Commission means the Board of County Commissioners
of the County and any successor thereto as the governing
body of the County.
-5-
Temporary Reso. No. 10997 — Exhibit 1
(h) District means the Broward Solid Waste Disposal District, a
special district created by the Ordinance pursuant to the
authorlty granted by Section 125.01(5), Florida Statutes, and
any successor thereto.
M Disposal Obli ation Revenue Shortfall means the difference,
if any, projected or realized byte ounty in any Fiscal Year
by subtracting from the total tipping fees and other revenues
projected to be or actually received by the County .in .such
Fiscal Year' the projected or actual cost to the County (as
such cost is determined by reference to the Interlocal Agree-
ment. and the Service, Agreements) of - meeting its obligation
under the Interlocal Agreement .to provide. for the disposal of
all solid waste generated in each Contract Community and in
the unincorporated area of the County.
(j) Fiscal Year means the period commencing on the first day of
October of any year and ending on the last day of September
of the following year.
(k) Full Service Contractors means a person, firm or corporation
which Ras enterga or will enter Into an agreement with the
County to design, construct, test, maintain, repair and
operate resource recovery facilities, landfills or transfer
stations for the purpose of disposal of solid waste through
the Resource Recovery System and • shall mean as to the
southern facility, SES Broward County, Limited Partnership
and � as. to the northern facility, Broward Waste Energy
Company, Limited Partnership and any respective successors
thereto.
(1) Governmental Agencies means all federal, state of Florida or
localagencies or units of government located within the Dis-
trict, including but not limited to the School Board of the
County, Contract Communities, all special districts and
municipal service taxing units with all or part of their bound-
aries within the District and any municipality or special
district or other unit of government not located within the
District but which is the Owner of Improved Real Property
within the District.
(m) Improved Real Property means all real property located
within the District that generates or is capable of generating
solid waste and that contains buildings, structures or other
improvements designed or constructed for and suitable for use
or used for human habitation or human activity or commercial
enterprise.
-6-
Temporary Reso. No. 10997 - Exbibit 1
(n) Interlocal Agreement means the Interlocal Agreement, dated
November 25, 1986, between the County and the Contract Com-
munities pursuant to which the parties have or wilt have
agreed to cause the solid waste collected within their
boundaries to be delivered to the Resource Recovery System
and to pay for such services as provided therein.
(o) Notice of Lien means a Notice of Lien filed pursuant to
Section 9 of this Ordinance.
(p) Ordinance means this Ordinance adopted by the County Com-
mission on March 10, 1987, and any amendments or supple-
ments thereto.
(q) Owner means a person or. persons owning an interest in
Improved Real Property located in whole or in part within the
District.
(r) Person means an individual, firm; partnership, corporation,
association, executor, administrator, trustee or other legal
entity, whether singular or plural, masculine or feminine, as
the context may require.
(s) Pro ert A22raiser means the Property Appraiser of the
County or the officer succeeding to his functions.
(t) Rate Resolution means 'a resolution adopted by the Resource
Recovery Board pursuant to Section 7 of this Ordinance in-
corporating a schedule of- Service Charges to be imposed upon
the Owners of all Improved Real Property within the District
on account of a Fiscal Year.
(u) Resource Recovery Board means the Resource Recovery
Board created by Section 4 of this Ordinance as the governing
board of the District .and any successor thereto.
(v) Resource Recovery System means the resource recovery facili-
ties which are or are caused to be constructed, operated,
maintained and repaired pursuant to the Interlocal Agreement,
the Construction Contracts and the Service Agreements for the
purpose of disposal of. ,solid waste. generated in the . District
and the recovery and sale of materials and energy therefrom
including all landfills, transfer stations, disposal facili-
ties and electric generating facilities, but excluding the
County --owned landfill located in the Town of Davie, Florida,
which is in existence as of the date of this Ordinance.
-7-
Temporary Reso. No. 10997 — Exhibit 1
(w) Secretary means the Secretary of the Resource Recovery
Board and any successor to his functions.
(x) Service Agreements means the contracts to be entered into
between the County and SES Broward County, Limited Partner-
ship pursuant to Resolution No. 86-3007 dated August 19,
1986, and Broward Waste Energy Company, Limited Partnership
pursuant to Resolution No. 86-3750 dated September 30, 1986,
respectively for the purpose of operating, maintaining and
repairing the southern facility and northern facility, re-
spectively, or any other Full Service Contractors for, the
purpose of operating, maintaining and repairing all or any
part of the Resource Recovery System.
(y) Service Charge means the Service Charges to be imposed
upon the wners of all Improved Real Property within the
District during any Fiscal Year pursuant to a Rate Resolution -
as authorized by , Section 125.01(5), Florida Statutes, and
pursuant to Section 7 of this Ordinance.
(z) Service Charge Roll means the - list prepared by and based
upon the certified roil of the Property Appraiser and con-
firmed by the Resource Recovery Board for each Fiscal Year
In which the Service Charge is Imposed containing a summary
description of each parcel of improved Real' Property within
the District as indicated on the records maintained by the
Property Appraiser, the name and address of the Owner(s) of
each such parcel as indicated on the records maintained by the
Property Appraiser, the rate classification applicable to each
parcel of Improved Real Property as specified in the Rate
Resolution and the amount of the Service Charges applicable to
each parcel of Improved Real Property for each Fiscal Year in
which the Service Charge is imposed.
(aa) System indebtedness means all indebtedness incurred by the
County to pay the cost of acquiring, constructing and
equipping the Resource Recovery System at any time outstand-
ing.
(bb) Tax Collector means the Director of the County Department
of Finance and Administrative Services. and. any successor..
thereto who provides tax collection services pursuant to
Section 4.03 of the Broward County Charter.
-8-
Temporary Reso. No. 10997 — Exhibit 1
Section 3. CREATION OF DISTRICT.
3.01 Pursuant to authority granted by Section 125.01(5),, Florida
Statutes, there is hereby established and created a special district to be
known as the "Broward Solid Waste Disposal District" (the "District") to
include both the incorporated municipalities who have as of this date
elected to join the District and any incorporated municipalities which may
elect to join the District as hereinafter provided for and the unincorpo-
rated area of the County, subject to the approval of the governing body of
each incorporated municipality becoming a member of the District. The
approval of each incorporated municipality becoming a member of the District
shall be evidenced by an ordinance duly adopted by the governing body of
such municipality approving the terms and provisions of this Ordinance, a
certified copy of which shall be. filed with this Ordinance in the office of
the Department of State of the. State of Florida. , The approval of the
unincorporated area of the County shall be evidenced by the adoption of this
Ordinance by the Board of County Commissioners as the governing body of
such unincorporated area. Incorporated municipalities which elect to become
members of the District by adopting an ordinance approving the terms and
provisions of this Ordinance after March 31, 1987, shall be entitled to join
but shall be subject to provisions contained in Section 12.7 of the
Interlocal Agreement. Each incorporated municipality in the county as a
condition precedent to becoming a member of the District shall be required
to become a Contract Community.
-9-
Temporary Reso. No. 10997 — Exhibit 1
Section 4. RESOURCE RECOVERY BOARD;
COMPOSITION; TERM .*
4.01 The governing board of tho District shall be known as the
Resource Recovery Board and shall consist of nine (9) members. Four (4)
members shall be members. of the County Commission appointed by the
County Commission for a term of two (2) years. Four (4) members shall be
appointed by the Contract Communities as follows:
(a) One (1) member each shall be appointed by the governing
bodies of the two Contract Communities with the largest
population fora a term of two (2) years.
(b) One (1) ' member shall be appointed by the Contract Community
nearest to the median in size based upon population for a term
of two (2) years.
(c) One (1) member shall• be appointed by the president of the
Broward County League of Cities or its successor organization
from its member cities that are Contract Communities and are
not otherwise represented on the Resource Recovery Board for
a term of two (2) -years.
The remaining member shall either be a member of the County Com-
mission appointed by the County Commission for a term of one (1) year in
each even -numbered year or shall be an elected official appointed as pro-
vided in 4.01(c) above from a Contract Community not otherwise represented
on the Resource Recovery Board for a term of,one (1) year in each odd -num-
bered year.
4.02 Each member of the Resource Recovery Board shall be an
elected official, either a member of the County Commission or a member of
1511115
Temporary Reso. No. 10997 .-- Exhibit 1
the governing body of the Contract Community represented on. the Resource
Recovery Board.
!1.03 Any member of the Resource Recovery Board who ceases to be
an elected official_ during his term of membership on the Resource Recovery
Board shall be succeeded by an elected official appointed by the same ap-
pointing authority and chosen from the same governing body as his
predecessor to. serve out the balance of the term.
4.04 In making the population determinations required by 4.01(a)
and (b) above, the population figures contained in the latest statement
provided by the University of Florida , Bureau of Economic and Business
Research shall be used.
Section 5. OFFICERS; QUORUM.
5.01 The Resource Recovery Board shall appoint one of its members
as Chairman and one as Vice-chairman, each for one-year terms. The
Chairman shall be a -County Commission representative in odd -numbered
years and a Contract Community representative in even --numbered years.
The County Administrator shall act as Secretary to the Resource Recovery
Board,
5.02 A majority of the members of the Resource Recovery Board
shall constitute a quorum.
Temporary Reso. No. 10997 — Exhibit 1
Section 6. POWERS AND DUTIES.
6.01 The Resource Recovery Board shall perform all duties and dis-
charge all obligations imposed upon it by the interlocal Agreement, as the
same may be amended and supplemented, in the manner provided for therein.
Section 7. IMPOSITION OF SERVICE CHARGE;
RA PUBLIC, ING.
7.01 The fact that any residential or commercial Improved real
property located within the District is designed for occupation or use, is
occupied or in use, or is capable of being occupied or used. shall be prima
facie evidence that solid waste is being generated by or accumulated upon
such real property and It Is hereby determined that the provision of the
Resource Recovery System is a benefit and improvement to all improved real
property within the District by insuring a source for the disposal of solid
waste. being generated by or potentially to be generated by the occupation
or use of such real property.
7.02 On or before the fifteenth (15th) day of July in .each Fiscal
Year commencing with the Fiscal Year succeeding the Fiscal Year in which
the Resource Recovery System is placed in commercial operation, the
Resource Recovery Board shall, based on consultation with the ' County, the
Contract Communities and the Full Service Contractors and such other
sources of information as it deems useful in reaching such determination,
determine if a Disposal Obligation Revenue Shortfall is projected to occur
on account of such Fiscal Year, or the next ensuing Fiscal. Year and the
amount of such projected Disposal Obligation Revenue Shortfall. In the
_12-
Temporary Reso. No. 10997 — Exhibit 1
event no such Disposal Obligation Revenue Shortfall is projected to occur,
no further action need be taken. If a Disposal Obligation Revenue Shortfall
is projected to occur, the Resource Recovery Board shall adopt a Rate
Resolution, substantially in the form attached hereto as Exhibit A (except
additional categories of Billing Units or Specific Service Charges may be
created by the Resource Recovery Board from time to time in the event the
Board determines that it is necessary to create such additional categories
.to accommodate uses, buildings, structures or other improvements that were
not known or contemplated at the time of the adoption of this Ordinance), in-
corporating a schedule of Service Charges to be imposed upon the Owners of
all Improved Real property in the District to provide the revenues to meet
the Disposal Obligation Revenue Shortfall 'having occurred or projected to
occur on account of , such Fiscal Year or the next ensuing Fiscal Year. The
Rate Resolution shall also provide that the Service Charges to be imposed
pursuant thereto shall not be imposed and collected until a public hearing
provided for therein has-been noticed and held.
7.03 Notice of such public hearing shall be published by the
Resource Recovery Board in a newspaper of general circulation in the
County at least twice, with the first publication being at least twenty (20)
days prior to the date of public hearing. Such notice shall contain the
date, time and place of the public hearing, together with a brief descrip-
tion of the purpose of the public hearing and a statement of where copies of
the Rate Resolution will be available for examination by interested parties
prior to the public hearing. Such public hearing may be continued to a
-13-
Temporary Reso. No. 10997 — Exhibit 1
date certain without the necessity of further newspaper advertisement or
public notice.. The Rate Resolution shall be adopted by the Resource
Recovery Board at the conclusion of the public hearing and shall be effec-
tive as of such date.
7.04 1n addition, the Resource Recovery Board shall adopt a Rate
Resolution pursuant to the procedures described in the foregoing paragraph
upon receiving notification from the County as provided in. Section 6.14(b) of
the Interlocal Agreement.
Section a. SCOPE OF SERVICE CHARGE; TIMING,
DI COUNT ; DELI NCY.
8.01 The Service Charge shall be imposed against the Owners of all
real property in the District if such real property is improved Real
Property on the first day of January prior to the Fiscal Year in which the
Service Charge is Imposed irrespective of whether such Improved Real
Property is occupied or otherwise in use on such date.
8.02 The Owner and description of each parcel of Improved Real
Property shall be that designated on the real property assessment roll
maintained by the Property Appraiser.
8.03 The Service Charge imposed under a Rate Resolution shall be
due and payable on November 1 of the Fiscal Year next .succeeding: the
Fiscal Year in which the Rate Resolution is adopted. Discounts for early
payment of Service Charges shall be- at the rate of four percent (4%) in the
month of November; three percent (3%) in the month of December; two
M LV
Temporary Reso. No. 10997 — Exhibit 1
percent. (2%) in the month of January; and one percent (10) in the month of
February. The Service Charges paid in March shall be without discount.
The Service Charge shall become delinquent if not fully paid by the first
(1st) day of April of the Fiscal Year for which the Service Charge is
imposed. All delinquent Service Charges shall bear an initial penalty of
three percent (3%) of the full amount of the Service Charge if not paid by
the first (ist) day of April of the Fiscal Year for which the Service Charge
is imposed and an additional penalty of one and one-half percent (1 1/2%)
per month on the delinquent principal amount on the first (1st) day of June
and on the first (1st) day of each month thereafter until said Service
Charge is paid in full
Section 9. SERVICE CHARGE AS A LIEN ON PROPERTY.
9.01 All Service Charges imposed against the owners of Improved
Real Property within the District under the provisions of this Ordinance
shall constitute, and are hereby imposed as, liens against such Improved
Real Property as of the first_ (1 st) day of October of the Fiscal Year for
which the Service Charge is imposed. Until fully paid and discharged or
barred by law, said Service Charges shall remain - liens equal in rank and
dignity with the lien of County ad valorem taxes and superior in rank and
dignity to all other liens, encumbrances, titles and claims in, to or
against the Improved Real Property involved.
9.02 Unpaid Service Charges shall remain and constitute liens
against such parcels of Improved Real. Property within the District from the
-15-
Temporary Reso. No. 10997 — Exhibit 1
first (1st) day of October of the Fiscal Year for which the Service Charge
is imposed until paid.
9.03 If any Service Charge becomes delinquent by not being fully
paid by the first (1st)' day of April of the Fiscal Year for which the
Service Charge is imposed and remains delinquent, the Resource Recovery
Board upon receipt of the list of outstanding and uncollected Service
Charges for such Fiscal Year from the Tax Collector under the provisions of
Section 10 of this Ordinance shall cause to be prepared a Notice of Lien
containing the amount of the delinquent Service Charge including the amount
of the initial penalty as provided in Section 8 of this Ordinance, a legal
description of the Improved Real Property against which the lien is imposed
and the name of the Owner of such Improved Real Property as indicated on
the real property assessment roll maintained by the Property Appraiser of
the County. Said Notice of Lien shall be recorded in the public records of
Broward County, Florida.
Section 10. COLLECTION OF SERVICE CHARGES;
F)ISCHARcrz OF RECORDED LIEN.
10.01 The Tax Collector is hereby vested with the power, and it
shall be his duty, to collect payments of all current Service Charges from
November 1 of the Fiscal year for which the . Service Charge is . imposed
through the first (1st) day of June of such Fiscal Year. The Tax Collector
shall distribute the Service Charges collected during such period at Beast
monthly as received by depositing the same with a bank depositary or deposi-
taries for the account of the District as directed in the Rate Resolution. .
- 16-
Temporary Reso. No. 10997 — Exhibit 1
10.02 The Tax Collector shall mail a second notice to all Owners of
Improved Real Property who have not paid the applicable Service Charge
prior to June 1 of each Fiscal Year. Such notice shall specify the amount
of the Service Charge imposed on such Improved Real Property, shall advise
the Owners of the initial penalty as provided in Section 8 of this Ordinance
and shall advise such Owners when the Service Charge is delinquent and is
subject to the additional penalties provided in Section 8 of this Ordinance.
10.03 On or before the thirtieth (30th) day of June of each Fiscal
Year, the Tax Collector shall prepare a list of outstanding and uncollected
Service Charges for such Fiscal Year and shall deliver such list to the
Resource Recovery Board. Such list shall contain the amount of the outstand-
ing Service Charge, a legal description of the Improved Real Property
against which the Service Charge is imposed and the name of the Owner of
such Improved Real Property as indicated on the real property assessment
roll maintained by the Property Appraiser.
10.04 Upon the delivery of such list of outstanding and uncollected
Service Charges, the duty of the Tax Collector to collect such Service
Charges shall cease and, thereafter, all such outstanding Service Charges or
liens may -be discharged and satisfied by payment to the Resource Recovery
Board of the aggregate amount due for such outstanding Service Charge
plus, when delinquent, the initial penalty plus the additional penalties
provided in Section 8 of this Ordinance, together with an additional sum to
cover the cost of recording and the total amount due, plus penalties; for
any prior Service Charge or lien for such Improved Real Property that
OVA:
Temporary Reso. No. 10997 — Exhibit 1
remains outstanding and unpaid. When any such lien or liens has been fully
paid and discharged, the County Administrator shall properly cause evidence
of the satisfaction and discharge of such lien to be provided. Said lien a-
liens shall not be assigned by the County to any person.
Section 11. ENFORCEMENT OF DELINQUENT SERVICE CHARGES.
11.01 Delinquent Service Charges subsequent to the date of the
recording of the Notice of lien provided for in Section 9 of this Ordinance
shall constitute, until paid and discharged, a lien upon such Improved Real
Property which must be satisfied by payment, together with all accrued
penalties plus costs and reasonable attorney's fees, at the time such
Improved Real Property is sold by the Owner thereof or the title thereto is
otherwise conveyed or transferred to another person in accordance with law.
Section 12. CERTIFICATION TO TAX COLLECTOR OF
KATE RESOLUTION; A CU OF
SEROUE CHARGE.
12.01 Upon adoption of the Rate Resolution as provided in Section 7
of this Ordinance, the Resource Recovery Board shall forthwith deliver -a
certified copy thereof to the Property Appraiser. Based upon the Rate
Resolution, the Property Appraiser shall prepare a 'Service Charge Roll for
the District. Such Service Charge- Roll shall contain ..a. summary 'description
of each parcel of Improved Real Property within the District on the first
(1st) day of January prior to the Fiscal Year for which the Service Charge
is to be imposed, the name and address of the Owner(s) of each such
-Is-
Temporary Reso. No. 10997 Exhibit 1
parcel, the rate classification applicable to each parcel of Improved Real
Property as specified in the Rate Resolution and the amount of the Service
Charge applicable to each parcel of Improved Real Property. The summary
description of each parcel of Improved Real Property shall be in such detail
as to permit ready identification of each parcel on the real Property
assessment roll. The information specified above to be included in the
Service Charge Roll shall conform to that maintained by the Property
Appraiser on the real property assessment roll.
12.02 In the event any classification of Improved Real Property
deslgnated In the Rate Resolution requires an individual calculation of a
Service Charge, the Property Appraiser shall calculate and determine such
Service Charge.
12.03 Upon the completion of the preparation of the Service Charge
Roll, the Resource Recovery Board shall at any regular or special meeting,
review the Service Charge Roll prepared by the Property Appraiser for
preparation in conformity with the Rate Resolution. The Resource Recovery
Board shall make such changes or additions as necessary to conform such
Service Charge Roll with the Rate Resolution. If upon the completion of
such review, the Resource Recovery Board shall be satisfied that the
Service Charge Roll has been prepared In %.onformity with the Rate
Resolution, it shall ratify and confirm such Service Charge Roll and certify
the Service Charge Roll to the Tax Collector for collection.
12.04 On or before October 1 of the Fiscal Year for which the
Service Charge Roll is imposed, the Resource Recovery Board shall cause to
_19-
Temporary Reso. No. 10997 — Exhibit 1
be prepared an Addendum to the Service Charge Roll containing any parcels
of Improved Real Property not incorporated into the Service Charge Roil but
constituting Improved Real Property on the first (1st) day of January prior
to the Fiscal Year for which the Service Charge is to be imposed. Included
in much Addendum -shall be any change in the information specified for each
parcel of property on the Service Charge Roll. Such Addendum to the
Service Charge Roll shall contain such information as required In this
Ordinance for the Service Charge Roll and shall be certified in the manner
provided in. this Ordinance for the Service Charge Roll.
12.05 The County Administrator in cooperation with the Tax
Collector and the Property Appraiser shall cause the Information contained
in the Service Charge Roll and the Addendum thereto, if any, to be
incorporated into the data processing file maintained by the County so that
the applicable Service Charge can be identified for each individual parcel
of Improved Real Property specified on the real property assessment roll
maintained by the Property Appraiser.
Section 13. BILLING BY TAX COLLECTOR; DELIVERY OF
REPORT OR-UrMINQUENT SERVICE C
13.01 The Tax Collector shall mail, to each Owner of Improved Real
Property included on the Service Charge Roll and Addendum, if any, a
notice of the amount of the -Service Charge imposed on such Improved Real
Property and advising the Owner of the discounts for early payment.
13.02 Nothing contained in this Ordinance shall be construed or
interpreted to preclude the Resource Recovery Board from submitting, within
-20-
Temporary Reso. No. 10997 — Exhibit 1
EXHIBIT "A"
RESOLUTION NO.
A RESOLUTION ADOPTING A SCHEDULE OF SERVICE
CHARGES TO BE IMPOSED UPON THE OWNERS OF ALL RES-
IDENTIAL AND COMMERCIAL IMPROVED REAL -PROPERTY
IN THE SROWARD SOLID WASTE DISPOSAL DISTRICT TO
PROVIDE THE REVENUES TO MEET THE DISPOSAL OBLIGA-
TION REVENUE SHORTFALL ON ACCOUNT OF THE FISCAL
YEAR BEGINNING OCTOBER 1, 19, AND ENDING
SEPTEMBER 30, 19 PROVIDING FOR_,THE HOLDING OF
A PUBLIC HEARING AND THE NOTICING THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to authority granted by the Constitution and
laws of the State of Florida, and particularly Chapter 125, Florida
Statutes, Broward County, Florida (the "County"), and the cities of (list
Contract Communities] (the "Contract Communities") 'have created the
Broward Solid Waste Disposal District (the "District") pursuant to Ordinance
No. adopted by the Board of County Commissioners of the County
on 1987 (the "Enabling Ordinance"), and approved by
ordinances adopted by the governing bodies of the respective Contract
Communities; and
WHEREAS, the County and the Contract Communities pursuant to
authority granted by Chapter 163, Florida Statutes, have entered into an
Interlocal Agreement dated November 25, 1986, providing for the disposal of
the solid waste generated within the geographical boundaries of the Contract
Communities and the unincorporated County at the resource recovery system
transfer and disposal facility and facilities referred to in said Interlocal
Agreement; and
Temporary Reso, No. 10997 — Exhibit 1
its discretion, a separately prepared notice of the Service Charge imposed
on certain Improved Real Property to the Owner of such improved Real
Property, if in the opinion of the Resource Recovery Board, such procedure
will facilitate the billing and collection of such Service Charges.
Section 14. CORRECTION OF ERRORS AND OMISSIONS;
PETITION E D.
14.01 No act of omission or commission on the part of the .Property
Appraiser, Tax Collector, Resource Recovery Board, County Administrator,
or their deputies or employees, shall operate to defeat the payment of the
Service Charge imposed by the Resource Recovery Board under the provi-
sions of this Ordinance, provided, however, that any acts of omission or,
commission may be corrected at any time by the officers or party responsible
for them in like manner as provided under this Ordinance for performing
such acts in the first place, and when so corrected they shall be construed
as valid ab initio and shall in no way affect any process by law for the
enforcement of the Service Charge imposed under the provisions of this
Ordinance.
14.02 The Resource Recovery Board shall have the authority, at any
time, upon its own initiative or in response to.a petition from any affected
Owner of Improved Real Property , to correct any error of omission or com-
mission in the adoption of arry Service Charge Roll or Addendum thereto, if
any, or in the implementation of this Ordinance, including but not limited
to, an error in including any real property on such Service Charge Roll
when such real property is not Improved Real Property within the scope of
-21-
Temporary Reso. No. 1.0997 Exhibit 1
this Ordinance, any error in the calculation of the Service Charge imposed
against any parcel of Improved Real Property and any error in the classi-
fication of any Improved Real Property based upon the classifications
established in the Rate Resolution and certify such corrections to the Tax
Collector for collection.
14.03 Any Owner of real property may petition the Resource
Recovery Board to correct any asserted error of omission or commission in
relation to his property in the adoption of the Service Charge Roll or any
Addendum thereto or in the implementation of this Ordinance by filing with
the Resource Recovery Board a written petition containing the name of the
Owner, a legal description of the real property affected, a summary
description of the asserted error and the relief requested of the Resource
Recovery Board. The Resource Recovery Board may establish a reasonable
fee for filing such a petition. Such petition shall be considered by the
Resource Recovery Board at any regular or special meeting and certify such
changes and corrections to the Tax Collector for collection. • The Resource
Recovery Board may appoint special masters to consider and make
recommendations to it concerning the merits of such petitions.
Section 15. FAILURE TO INCLUDE IMPROVED REAL PROPERTY
ON SERVICE CHAR.CE RQI_L.. ..
15.01 When it shall appear that any Service Charge might have been
imposed under the provisions of this Ordinance against any parcel of
Improved Real Property, but such parcel of Improved Real Property was
omitted from the appropriate Service Charge Roll, or any Addendum thereto,
-22-
Temporary Reso. No. 10997 — Exhibit 1
the Resource Recovery Board may, by resolution, impose the applicable
Service Charge for the Fiscal Year An which such error is discovered plus
the applicable Service Charge for the prior two (2) Fiscal Years if such
Improved Property was subject to a Service Charge for each such prior two
(2) Fiscal Years and certify such changes and corrections to the Tax
Collector for collection. Changes under this section shall be certified by
the Resource Recovery Board to the Tax Collector for collection. Such total
Service Charges shall become delinquent if not fully paid upon the
expiration of sixty (60) days from the date of the adoption of said
resolution and upon becoming delinquent shall be subject to the penalties
and Interest for delinquent Service Charges as provided in Section 8 of this
Ordinance. Such total Service Charges shall be subject to a discount for
early payment of four percent (0) if paid within thirty (30) days from the
date of the adoption of said resolution.' The discount provided in this
section shall be the total discount applicable to such Service Charges and
the discounts for early payment provided in Section 8 of this Ordinance
shall not be applicable to such Service Charges.
15.02 The total amount of such Service Charges shall constitute, and
are hereby imposed, as a lien against such Improved Rear Property as of the
first (1st) day of October of the Fiscal Year in which such resolution is
adopted by the Resource Recovery Board.
-23-
Temporary Reso. No. 10997 -- Exhibit 1
Section 16. SERVICE CHARGE TO GOVERNMENTAL AGENCIES.
16.01 All governmental agencies owning Improved Real Property
within the District shall pay the Service Charge imposed under the
provisions of this Ordinance under the applicable classification specified
in the Rate Resolution adopted under the provisions of Section 7 of this
Ordinance.
16.02 The discounts for early payment provided for in Section 8
shall be applicable to the Service Charge imposed against Governmental
Agencies owning Improved Real Property.
16.03 The Resource Recovery Board shall have the authority to
enforce the collection of any delinquent Service Charge by the institution
of an appropriate action against the Governmental Agency in a court of
competent jurisdiction for a judgment for the amount due under such Service
Charge, including all penalties, plus costs and a reasonable attorney's fee.
16.04 The provisions of Sections 9 through 11 of this Ordinance
shall not be applicable to the Service Charge imposed against Improved Real
Property owned by any Governmental Agency.
Section 17. APPLICABILITY OF SERVICE CHARGE TO LEASEHOLD
INTERESTS IN IMPROVED REAL PROPERTY OWNED
BY GOVERNMENTAL AGEN IES; TMO TO IMPROVE
REAL. PROPERTY LEASED BY A GOVERNMENTAL
AGENCY.
17.01 The provisions of this Ordinance and the Service Charge
imposed by the Resource Recovery Board shall be fully applicable to the
lessee of any leasehold interest in Improved Real Property owned by a
-24-
Temporary Reso. No. 10997 — Exhibit 1
(d) The excluded area is not in close proximity to areas
designated on the applicable land use plan as residential and
commercial uses; and
(e) The existing use of the excluded area cannot be anticipated to
change within the near future'.
Section 19. APPLICABILITY OF SERVICE CHARGE TO
TAX-EXEM15T IMPROVEDPROP R77.
19.01 The exemption of property from taxation under Chapter 196,
Florida Statutes, or any other law or constitutional provision shall not
relieve the Owner of any Improved Real Property in the District from the
provisions of this Ordinance or from the imposition by the Resource
Recovery Board of the Service Charge applicable to such Improved (teal
Property as specified in the Rate Resolution adopted under the provisions of
Section 7 of this Ordinance. The provisions ' of this Ordinance, including,
but not limited to the provisions of Sections 8 through 11, and the Service
Charge imposed by the Resource Recovery Board shall be fully applicable to
such Improved Real Property.
Section 20. VACANCY ADJUSTMENT FOR COMMERCIAL
IMPROVED REAL PROPERTY.
20.01 An Owner of Commercial Improved Real Property shall be
entitled to an adjustment for the Service Charge to be assessed against such
Commercial Improved Real Property if the same is , vacant on the first (1st)
day of September prior to the Fiscal Year in which the Service Charge is
assessed and if the same was vacant continuously and uninterruptedly for
the entire six (6) calendar months preceding the first Ost) day of
September of such year.
-26-
Temporary Reso. No. 10997 - Exhibit 1
20.02 In order to be entitled to such adjustment, .the Owner of such
Commercial Improved Real Property shall file with the Resource Recovery
Board a petition for an adjustment based upon such vacancy on or before
the fifteenth (15th) day of September prior to the Fiscal Year in which the
Service Charge is imposed_ Such petition shall contain the name of the
Owner, a legal description of the Commercial improved Real Property
affected, the street address of said property, the date said property last
became vacant and the last use of said property prior to becoming vacant.
The Resource Recovery Board may establish a reasonable fee for filing such
a petition. Such petition shall be considered by the Resource Recovery
-Board at any regular or special meeting. The Resource Recovery Board may
appoint special masters to consider and make recommendations to it con-
cerning the merits of such petitions. The Owner of the Commercial
Improved Real Property shall have the burden of proving that the Commer-
cial Improved Real Property that is the subject of the petition was vacant
on the first (1st) day of September prior to the Fiscal Year in which the
Service Charge is imposed and was vacant continuously and uninterruptedly
for the entire six (6) calendar months preceding the first (1st) day of
September of such year and shall submit with his petition evidence to
establish such vacancy.
20.03 If the Resource Recovery Board shall determine that the
Owner of such Commercial Improved Real Property is entitled to a vacancy
adjustment as provided for in this Ordinance, such Commercial Improved
Real Property shall be assessed for the next Fiscal Year the minimum Service
-27-
Temporary Reso. No. 10997 -- Exhibit 1
Charge for Commercial Improved Real Property as adopted in the Rate
Rasolution.
20.04 Such vacancy adjustment shall be effective for only one (1)
Fiscal Year and the Owner of Commercial Improved Real Property shall have
the burden of filing a new written petition with supporting evidence each
year prior to the fifteenth (15th) day of September prior to the Fiscal Year
in which the Service Charge is to be imposed. Failure of any Owner of
Commercial Improved Real Property to file a written petition prior to the
fifteenth (15th) day of September of each year shall result in the loss of
such Owner of the privileges of this section and such Commercial Improved
Real Property shall be assessed the applicable Service Charge against said
Property without any adjustment for vacancy. Any vacancy adjustment
corrections shall be certified by the Resource Recovery Board to the Tax
Collector for collection.
Section 21. SEVERABILITY.
21.01 If any section, sentence, clause or phrase of this Ordinance
is held to be invalid or unconstitutional by any court of competent juris-
diction, then said holding shall in no way affect the validity of the re-
maining portions of this Ordinance.
Section 22. INCLUSION IN CODE.
22.01 It ,is the intention of the Board of County Commissioners that
the provisions of this Ordinance shall become and be made a part of the
-28-
Temporary Reso, No. 10997 — Exhibit 1
Broward County Code; and that the sections of this Ordinance may be renum-
bered or relettered and the word "ordinance" may be changed to "section,"
"article," or such other appropriate word or phrase in order to accomplish
such intentions.
Section 23. EFFECTIVE DATE.
23.01 This Ordinance shall become effective as provided by law.
ENACTED March 10, 1987
FILED WITH DEPARTMENT OF STATE March 16, 1987
EFFECTIVE March 19, 1987
I HEREBY G� j.. ir1:.._L� �.t .t?: �v'z ��f� ts^
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VFM:ed2/1/87
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WANT
Temporary Reso. No. 10997 — Exhibit 1
M113XT _E
ORDINANCE NO.
AN ORDINANCE APPROVING THE TERMS AND
CONDITIONS OF ORDINANCE NO. r ADOPTED
SY THE HOARD OF COUNTY COMMISSION R" OF
BROWARD COUNTY, FLORIDAr ON , 1986
AND THEREBY EVIDENCING, TEE RUNTON OF THE
CITY of 71r PWR.IDA, TO s�oKE A
MEMBER OF THE BR ARD SOLID WASTE DISPOSAL
DISTRICT AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, because of the contour, elevation and high ground
water level of Broward County, Florida (the "County"), disposal
of solid waste through means other than landfills has been
encouraged; and
WHEREAS, the Legislature of the State of Florida has
discouraged the dumping or burying of solid waste matter and
the use of sanitary landfills as the sole method of disposal of
solid waste; and
WHEREAS, because of environmental concerns with utilizing.
of landfilling as the sole method of disposal of solid waste
generated by the residents and visitors of the County, certain
municipalities within the County and the County have sought a
joint solution to such concerns; and
WHEREAS, in furtherance of addressing the problems created
by the disposal of solid waste, certain municipalities within
the County (the "Contract Communities") have entered into an
Temporary Reso. No. 10997 — Exhibit 1
Interlocal Agreement, dated November 25, 1986 (the "Interlocal
Agreement"),- with the County. which provides for, among other
things, the disposal of solid waste within the Contract
Communities and the unincorporated areas of the County; and
WHEREAS, Section 5.1 of the Interlocal Agreement provides
that there shall he created a special district pursuant to
Section 125.01(5), Florida Statutes, which special district
will, be created by ordinance of the Board of County
Commissioners of Broward County, Florida (the "Board"). and
approved by ordinance of each Contract Community; and
WHEREAS, Section .125.01(5), Florida Statutes, further
provides that within each special district there may be
provided municipal services and facilities from funds derived
from service charges, special assessments or taxes within the
special district only.
NOW, THEREFORE, be it ordained by the [governing body
of Contract Community], Florida, that:
Section 1. Findi.ri s.
The findings set forth in the foregoing preamble to this
Ordinance are hereby approved and confirmed.
Section 2. Definitions.
For the 'purpose' of this Ordinance; ,the 'definitions
contained in the Interlocal Agreement shall apply unless
otherwise specifically. stated in this Section. When not
inconsistent with the context, words used in the present tense
Temporary Reso. No. 10997 --- Exhibit 1
include the future, words in the plural number include th
singular and words in the singular number include the plural.
The word "shall" is always mandatory and not merely directory.
(a) Contr&ct _Communities. The term "Contract
Communities" shall refer to the municipal corporation or
corporations existing under the laws of the State of Florida
located within the County that from time to time enter into the
Interlocal.Agreement.
(b) County. The word "County" shall refer to
Broward County, Florida; a political subdivision of the State
of .Florida.
(c) IgtgrJoca.1- Agrr,ge ice. The term "Interlocal
Agreement" shall refer to that certain Interlocal Agreement,
dated November 25, 1986, by and among the County and the
Contract Communities, as amended or supplemented from time to
time pursuant to the provisions of the Interlocal Agreement.
(d) esource Recovery Board. The term "Resource
Recovery Board" shall refer to the governing board of the
Special District.
(e) Distr gt- The word "District" shall refer to
the Broward Solid Waste Disposal District created by the County
pursuant to Ordinance No.
Section 3. Ap..PXgyAj..of Crgation_of „District.
(a) The creation of the District and the
establishment of the Resource Recovery Board as the governing
-3-
Temporary Reso. No. 10997 - Exhibit 1
board of the District and the terms and conditions of Ordinance
No. approved by the Board of County Commissioners ca
198 are hereby approved thereby evidencing the
election of the City of Florida to become a member
of the District.
(b) The Resource Recovery Board shall have such
powers and rights as are granted to it pursuant to the
interlocal Agreement and Ordinance No. adopted by the
Board of County Commissioners on , 198_.
Section 4. Effective Date. This Ordinance shall
become effective immediately upon compliance with any statutory
requirements relating to notice and publication hereof.
DONE AND ADOPTED in regular session, this day of
198 .
[GOVERNING BODY].
By:
Title:
-4-
Temporary Reso. No. 10997 — Exhibit 1
Page I of 2
MMBTT F
County's Costs of Meeting its Disposal
Oblraat j Under- the. jRtgrlacal Agreement
1. The Service Fees and other costs and Passthroughs
fall as defined in the service agreements) to be paid by the
County to the full, service contractors under the service
agreements.
2. Costs and expenses, including debt service,
associated 'with the County providing contingency landfill
facilities.
3. Reserves to be maintained by the County for'
contingencies and working capital shortfalls.
4. County administrative expenses, including, but not,
limited to, expenses associated with the Resource' Recovery
Board, the retaining of special consultants. County staff and
engineering support services and maintaining- lands acquired by
the County for environmental mitigation purposes.
Temporary Reso. No. 10997 — Exhibit 1
Page 2 of 2
S. The tipping fea for processabla waste specified in
Section S.Va) of the Agreement was based in part on the
following assumptions being accurate as of the date that the
initial northern and southern facilities begin operations:
a. Both the initial northern and southern facilities
will be constructed with electrostatic
precipitators meeting an -outlet particulate
loading of O.OZ grldacf at 1Z% Cob. No acid gas
controls are assumed;
b. The rate paid the northern and southern facilities
full service'contractors by the purchaser of
electrical energy will be $0.0305 and•i0.OS91 per
Kilowatt hour respectivelys and
C. The average annual interest rate on the Broward
County Resource Recovery Revenue Bonds. Series
1984, is eight percent.
6. Differences in the assumptions listed in paragraph 5 of
this Exhibit F which increase the COUNTY's costs of meeting its
disposal obligation pursuant 'to provisions.of construction
contracts and service agreements shall be considered in making
the one time adjustment to the tipping fee for processabie waste
as specified in Section 6.2[b) of the Agreement.
Temporary Reso. No. 10997 — Exhibit 1
EXHIBIT G
P I•R S T AMENDMENT
S N T E R L O•C A L AGREEMENT
W I T H
BR OWA•R1D COUNTY
F Q R
S O L I D W A S T E D I S P O S A L S E R V I C E
Temporary Reso. No. 10997 — Exhibit I
TRST AMENDM NT
This First Amendment dated for convenience October 1, 1992, to
the Interlocal Agreement .with Broward County for Solid Waste
Disposal Services, dated .for convenience 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 the Municipalities whose names appear in Exhibit "A',
of the Interlocal Agreement ("CONTRACT COMMUNITIES")-
W I T N E S S E T H
WHEREAS, the COUNTY and CONTRACT COMMUNITIES desire that the
Broward Solid Waste Disposal District and its Resource Recovery
Board provide for a Materials Recovery Facility through the use of
available funds .including a surcharge on processible waste
delivered to resource recovery system facilities.
WHEREAS, the Florida Solid Waste Management Act (1988) directs
Counties to reduce their solid waste stream and recycle designated
materials; and
WHEREAS, the COUNTY has secured from Browning Ferris
Industries, of Florida, Inc., (BFI) a comprehensive proposal to
construct, operate, and maintain a Materials Recovery Facility
(MRF) for the COUNTY and CONTRACT COMMUNITIES for a term of eight
(8) years.
NOW, THEREFORE, the parties do agree to amend the Interlocal
Agreement as follows:
I. Except as may be provided in this First Amendment, all
defined terms used herein shall have the sage meaning as
in the Interlocal Agreement_
2. Article 2, Definitions, shall be amended by the addition
of new Sections 2.26, Materials Recovery Facility
Contract and 2 _ 27 Materials Recovery- Facility, reading as
follows:
2.26. Materials Recovery Facility Contract. The
term "Materials Recovery Facility Contract"
shall mean the contracts entered into between
COUNTY and Browning --Ferris Industries, Inc.,
dated for convenience September 1, 1992, for
the purpose of designing, constructing,
testing, operating, maintaining, and repairing
a materials recovery facility or any other
full service contractor for the purpose of
designing constructing, testing, operating,
maintaining, and repairing a materials
recovery facility as a part of the resource
recovery system.
Temporary Reso. No. 10997 — Exhibit 1
2.27. Materials Recovery Facility. The 'term
"Materials Recovery Facility" shall mean the
facility or facilities constructed, operated,
maintained and repaired or caused to be
constructed, operated, maintained, and
repaired by COUNTY pursuant to this Agreement
for the purposes of receiving, processing,
transferring, and shipping materials from
solid waste segregation programs intended for
reuse or recycling_ Materials Recovery
Facilities shall be deemed to be a part of the
resource recovery system for the term of the
Materials Recovery Facility Contract.
3. Article 6, Tipping Fees and Service Charges, shall 'be
amended by the addition of new. Sections 6.6 and 6.7
Processi,ble Waste Tipping Fee Surcharge, reading as
follows;
6.6 Materials Recovery Facility Funding. For the
term of the Materials Recovery Facility
Contract, the Resource Recovery Board shall
designate funds to cover the cost of the
Materials Recovery Facility including
reasonable administrative costs. Any future
increase, in funding ' costs (other than
administrative costs) shall not exceed the
proportionate increase provided in the
Materials Recovery Facility Contract. Funds
may be drawn from reserves, grant funds or a
surcharge imposed on processible waste
delivered to the resource recovery system.
6.7 Materials Recovery Revenues_ One hundred
percent (100%) of all net. revenues generated
by the sale of the recyclable materials will,
be reimbursed to each CONTRACT COMMUNITY and
the COUNTY on the basis of actual tonnage
delivered to the Materials Recovery Facility
by the respective party. Net revenues will be
consistent with the terms of the Materials
Recovery Facility Contract and r4nfloct the
relative composition of the materials
delivered. In the event any -non -contract
community or other governmental entity enters
into an agreement with COUNTY to us.e the MRF,
all net revenues from such entity will not be
calculated as part of this Agreement unless
the entity executes an Agreement with the
COUNTY which provides terms_ and conditions
which would allow it to be considered a
CONTRACT COMMUNITY for MRF funding purposes only.
2
Temporary Reso. No. 10997 — Exhibit 1
FIRST AMENDMENT INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLID
WASTE DISPOSAL SERVICE
IN WTTNESS WRFREOF, the parties hereto have 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 Chair or vice Chair, auth rized to execute same
by Board action on the day of 19 �/2-, and the
Contract Community sign ln by and through its
duly authorized to execute same.
C O U N T Y
BROWARD COUNTY, through its
P}i99rl0fa`Sepr`
,0 MM, BOARD OF COUNTY COMMISSIONERS
i4E06N.
ee.� ti
u t xn� Mtn By
Ex ofAicib�Cl$t� of �e board Chair
Of County';.gmmissio&rs ~f t
Browarc�%Cozl yo+ur'ida+ l day of L7% , 19�3
Approved as to form by the
Office of County Attorney
Broward County, Florida
JOHN J_ COPELAN, JR., County Attorne
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone- (305) 357-7600
Telecopier: (305) 357--7641
SY
Irk,
&/
NOEL M. PFEFFER
Deputy County Attorney
3
Temporary Reso. No. 10997 — Exhibit 1
FIRST AMENDMENT INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLiA
WASTE DISPOSAL SERVICE
C O N R A C T C O M M U N T T Y
WITNESSY?r_.c-�;°e*J
Nakme of Contract Community
zaz,l �j
J By
Mayor - Commissioner
ATTEST:
IVMP : dp
11/19/92
#92--143.07
SOLID. ILA
4
day of 19
By..-'-
CiFy Manager
�6 day of
A raved as to orm:
y Attorney
Temporary Reso. No. 10997 Exhibit 1
1A
S E C O N D A M E N D M E N T
I N T E R L O C A L A G R E E M E N T
W T T H
B R O W A R.D C 0 U N T Y
F 0 R
S O L I D W A S T E D I S P O S A L S E R V I C E
Temporary Reso. No. 10997 --- Exhibit 1
SECOND AMENDMENT
This Second Amendment dated for convenience March 1, 1993, to
the Interlocal Agreement with Broward County for Solid Waste
Disposal Services, dated for convenience November 25, 1986, by and
between BROWARD COUNTY, a political subdivision of -the State of
Florida, by and through its Board of County Commissioners,
( 1COUNTY") and the Munici.paliti oc whove names appear in Exhibit "A"
of the Interlocal Agreement ("CONTRACT COMMUNITIES").
W I T N E S S E T H
WHEREAS, the COUNTY ;and CONTRACT COMMUNITIES desire that the
Broward Solid Waste Disposal District and its 'Resource Recovery
Board provide for a: Household Hazardous Waste Program through the
use of available funds including a surcharge.on processible waste
delivered to resource recovery system facilities.
WHEREAS, the Florida Solid Waste Management Act (1988) directs
Counties to reduce their solid waste stream and recycle designated
materials and remove hazardous substances from the waste stream.
NOW, THEREFORE, the parties do agree to amend the Interlocal
Agreement as follows:
1. Except as may be provided in this Second Amendment, all
defined terms used, herein shall have the same meaning as
in the Interlocal Agreement_ .
2. Article 2, Definitions, shall be amended by the addition
of new Section 2.28, Household Hazardous Waste Facility,
.reading as follows:
2.28 Household Hazardous Waste Facility. The term
"Household Hazardous Waste Facility" shall
mean the facility or facilities constructed,
operated, maintained and repaired or caused to
be constructed, operated, maintained, and
repaired by COUNTY pursuant to this Agreement
for the purposes of receiving, processing,
transferring, and shipping materials from
Household Hazardous Waste programs intended
for reuse, recycling or proper disposal.
Household Hazardous Waste Facilities shall be
deemed to be a part of the resource recovery
system.
3. Article 6, Tipping Fees and. Service Charges, shall be
amended by the addition of new Section 6.8,' reading as
follows:
6.8 Household Hazardous Waste Funding. The
Resource Recovery Board shall designate funds
Temporary Reso. No. 10997 — Exhibit 1
to cover the cost of the cost of the Household
Hazardous Waste Facility. including reasonable
administrative costs. Fixnds may be drawn from
reserves, grant funds or a surcharge imposed
on processible waste delivered to the resource
recovery system.
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 C LINTY COMMISSIONERS, signing
by and through its Chair or vice Chai authorized to ecute same
by Board action on the L1 day of , 19113, and the
Contract Community signing by and t ugh its ,
duly authorized to execute same.
ATTEST:
C O U N T Y
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
aunty Adminis ato7c and By
Ex officao Clerk of the Board Chair
of County Commissioners-j'ff=V" ; r /
Broward County, FI r;skl , b :k,'"; day of �-, 1�"�
A.
p
~:Ajproved as to farm by the
-w ', Office of County Attorney
B6�oward County, Florida
` $OHN ,7_ COPELAN, JR., County Attorney
.'Governmental Centex, Suite 423
115 south Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
Telecopier: (305) 357-7641
By
NOEL M. PFEFFER
Deputy County Attorney
-2-
Temporary Reso. No. 10997 — Exhibit 1
SECOND AMENDMENT 1NTEOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLED
WASTE DISPOSAL SERVICE
WITNESS
ATTEST:
NMP:dp
4/5/93
092-143.Q7
SOLID .IL3
C O N T R A C T C O M M U N_ 1 T Y
1261M
%lapof Contract Community
day of , 19�
By
Y
day of��
Approved as to form:
C ° ttorney
Temporary Reso. No. 10997 — Exhibit 1
EXHIBIT I
THIRD AMENDMENT
INTERLOCAL AGREEMENT
WITH
BROWARD COUNTY
FOR
SOLID WASTE DISPOSAL SERVICE
Temporary Reso. No. 10997 — Exhibit 1
This Third. Amendment dated for convenience March 1, 1993, to
the Interlocal Agreement with* Broward County for Solid Waste
Disposal Service, dated for convenience November 25, 1986, and the
First Amendment thereto, dated for convenience October 1, 1992 (the
"Xnterlocal agreement"), is made 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
nacres appear in Exhibit "A" of the Interlocal Agreement ("CONTRACT
COMMUNITIES").
W I T N E S S E T H
. WH9REAs, 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) reecogni-zing certain outstanding
indebtedness which has been issued to finance the Resource Recovery
system, (ii) providing a definite term for the Interlocal
Agreement, (iii) requiring approval of the CONTRACT COMMUNITIES in
the event the COUNTY proposes any indebtedness which hair.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 ouch
indebtedness,
Nail, THEREFORZ, IN CONSIDERATION of the mutual terms,
conditions, promises, covenants and paynents hereinafter net forth,
the p�krties agree as follows:
1. Article 16. Duration, shall be amended to read as
follows:
18.1 This Agreement shall be effective for each
CONTRACT CONKUNXTY and unincorporated !COUNTY
from the date of execution until July 2, 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
tir ely . 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
"l emporary Reso. No. 10997 -- Exhibit 1
from the Board. Subject to the requirements
of this section, the COUNTY shall be the final
authority to determine whether to proceed with
the iaouancb of any indebteednoss with respect
to the Resource Recovery System.
] .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 maturity date after July
Z, 2013, and they COUNTY is unable to obtain
approval to extend the term of this agreement
in connection with indebtedness to be incurred
as required by beetion 1.6.2, then in much
event and subject to the tern& of Section
16.4, the COUNTY shall be fully and completely
excused and relieved from performing ,any of
Its obligations under this Agrseememt which
cannot be performed as a reault of the failure
to agree to an extension of the term of the
Agreement.
16.4 The partles acknowledge the existence of the
following indebtedneas issued to finance the
Resource Recovery System; $238,935,000 Broward
county, Florida, Resource Recovery Revenue
bonds, Series 1984 (Broward Vast* Energy
Company, L. P. North Project), $266,965,000
Broward County, Florida, Resource Recovery
Revenue Bonds, Sorles 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, Serie* 19938, 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
W-M
Temporary Reso. No. 10997 — Exhibit I
intent of the parties that the Third Amendment
shall in no way interfere, limit or otherwise
adversely affect in any manner any of the
obligations. of the .COUNTY and CONTRACT
COMMUNITIES with realpect to the Outstanding
1ndebtednvs& and any agrermenta, contracts or
other documents related to the outstanding
Indebtedness..
2. Except as modified herein, the rntorlocal 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 COMISSZONMO, signing
by and through its Chair or Vice Chai uthorised to execute saaee
by Board acti6n on the day of , 19_t , and the
CONTRACT COMMUNITIES sign ng by and through its . duly
authorized to executa name.
the Board of County.
Covaisaionerse of Broward
County, Florida
60 �.......r V ..
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-3-
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSiOKZRS
C"
iday
chad r
Approved as to farm by
Office of County Attorney
Broward County, Florida
JOHN J. COPXf AN, JR. , County Attorney
Govornmental Centex, Suite 423
115 south Andrews Avenues
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7,600
Telecsoplear: (305) 357-7641
NOEL M. PFEFFER
Deputy County Attorney
Temporary Reso No. 10997 - Exhibit 1
THIRD AMENDMENT INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SULID
WASTE DISPOSAL SERVICE
WITNESS
ATTEST:
NNP:dp
4/20/93
192-237
RRS.Aol
Z-c
By
Nam* of Con ra►c Commuri ty
day of
�x
C y Man g r
19,,.
day ofC ✓i 't✓ r ] 9j
Approved �C;f orm:
City Attorney
Temporary Reso. No. 10997 — Exhibit 1
EXHIBIT J
FOURTH AMENDMENT
xNTERLOCAL AGREEMENT
WZTii
BROWARD COUNTY
FOR
SOLID. WASTE DISPOSAL SERVICE
Temporary Reso. No. 10997 - Exhibit 1
FOURTH AMENDMENT
This 'Fourth Amendment dated for convenience October 1, 1994,
to the Interlocal Agreement with Broward County for Solid Waste
Disposal Service, dated for convenience November 25, 1986, and the
Amendments thereto (the "Interlocal Agreement"), is made 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 "All
of the Interlocal Agreement ("CONTRACT COMMUNITIES.").
W I T N E S S E T H
WHEREAS, the Interlocal Agreement currently provides that the
COUNTY shall be responsible for providing all administrative staff
support, special consultants, and legal counsel- required for the
operation of the resource recovery system; and
WHEREAS, the Resource Recovery Board has requested that an
amendment to the Interlocal Agreement be prepared to authorize the
Broward Solid Waste Disposal District, acting through its Resource
Recovery Board, to hire an executive director and legal counsel
who would report directly to the Board, and provide advice and
counsel on resource ,recovery system matters; and
WHEREAS, COUNTY and CONTRACT COMMUNITIES wish to amend the
Interlocal Agreement in accordance with the terms of this Fourth
Amendment;
NOW, THEREFORE, IN CONSIDERATION of the mutual terms,
conditions, promises, covenants and payments hereinafter set forth,
the parties agree as follows:
1. Article 5.6, shall be-amended'to read as follows:
5.6 The Resource Recovery Board shall be responsible
for, and have the power and authority to hire and
employ an executive director and legal counsel who
shall report to, advise, and perform services
requested by the Board on matters relating to the
resource recovery system. It is the intent of the
Resource Recovery Board to hire an executive
director and legal counsel in place of.the current
COUNTY staff, and the COUNTY is specifically
released from the responsibility to provide persons
to perform these functions. The Resource Recovery
Board shall further have the authority to hire
special: consultants in those instances where it
requires special expertise. The COUNTY, on behalf,
of the Resource Recovery Board, shall be
responsible for, and have authority to pay all
expenses and costs incurred by the executive
Temporary Reso. No. 10997 -- Exhibit 1
director including, but not limited to, office
space, supplies, and other necessary expenses, in
accordance with law. The COUNTY shall continue to
perform those functions and provide those services
which are required to be performed by COUNTY
pursuant to the terms of the Interlocal Agreement
and the service Agreements. The expenditures for
hiring personnel'as well as the other expenditures
referred to in this Section 5.6 shall be deemed a
public purpose and shall be included in the fees
and services charges set forth in.Article 6.
2. Except as modif ied herein, the lnterlocal. 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 CO144TY COMMISSIONERS, signing
by and through its Chair S�Vice Chair autho ized to ecute same
by Board action on the day day of , 1 , and the
CONTRACT COMMUNITIES si ing nby a.t_-Jehbbugh its duly
authorized to execute same.
ATTEST:
• i1lZ0
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
7 11-1 �-
Count inistrato gnd By
Ex-Officio C1 r}J608 ,{ S#VA%% o, ' air
the Board of
Cox==-soxone-�3rawart4.r ® day o , I
County, Flo i'd' a• ; d' W
;Approve t -form by
.office o County Attorney
kBroward County, Florida
� JOHN J. COPELAN, JR. , County Attorney
:� '•.�Y,;r� cC,� .+"a Governmental Center, Suite 423
1.15 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357--7600
Telecop"er: (305) 357-7641
By "V
NO L M. PFEFFER
Deputy. County Attorney
crm
Temporary Reso. No. 10997 — Exhibit 1
FOURTH AMENDMENT TO INTERLOCAL'AGREEMENT WITH SROWARD COUNTY FOR
SOLID WASTE DISPOSAL SERVICE
CONTRACT COMMUNITY
WITNESS 42nC o r1 u t �2ye c f-
Name of Contract Community
By.
Mayor -- Commissioner
day of , 19
ATTEST: B y- zz
a"ty Manag
day of � cl (.iLa 19g 4
NMP:dp
1/12/96
#93-137.04
RRS.A02
-3-
Approved as to form:
C Attorney
Temporary Reso. No. 10997 — Exhibit 1
EXHIBIT K
This Fifth Amendment dated for convenience May 21, 1999, to the interlocal Agreement
with Broward County for Solid Waste Disposal Services,("interlocal Agreement"), dated lor
convenience November 25, 1985, by and between Broward County, a political subdivision of he
State of Florida, by and through its Board of County Commissioners, ("COUNTY") and he
Municipalities who are parties to the Interlocal Agreement ("CONTRACT COMMUNITIES").
WITNESSETH
WHEREAS, the intedocai Agreement was entered Into, In pact, based upon enabling legislation
contained in Section 403.713, Florida Statutes, which specifically authorizes local gbvernmeds
to enact "flow control" ordinances to_ ensure that the Resource Recovery System receives on,
adequate quantity of solid waste. In reliance on this law, the County and twenty-four Contrwt
Communities within the County agreed to enact a waste flow control ordinance; and,
WHEREAS, in 1994, the U.S. Supreme Court decided the case of C & A Carbone, Inc. v. Town
of Clarkstown, which held that a local flow control ordinance that required all local waste to be
proc®ssed at a single designated facility effectively prohibited oxport' of waste beyond state lines
without the initial local processing, thereby discriminating against interstate bommerce and was,
therefore, a violation of the Commerce Clause of the U.S. Constitution; and
WHEREAS, as a result of the Carbone legal decision and other similar decisions which have
followed, including the most recent ruling in the case of Coastal Carting, Ltd., inc, v. Broward
County, Florida, et al., the ordinances of the County and the partner Cities must be amended,
in order to exclude solid waste destined for out of .state disposal. It is the intent of this
amendment to require the parties to the Interlocal Agreement to conform the laws and rules
governing the Broward Solid Waste Disposal District to -the case law regarding flow control and
to .remove all barriers, restriction, impediments and regulations of whatever nature from any solid
waste generated in Broward. County which Is destined for disposal outside of the Stated
Florida, consistent with, the flow control ordinances of other Jurisdictions which have withstood
constitutional scrutiny by providing this exclusion.
NOW, THEREFORE, the parties do agree to amend the Interlocal Agreement as follows;
1. Except as may be provided in this Fifth Amendment, all defined terms used herein
shall have the meanings ascribed to them in the Interlocal Agreement.
2. Article 3, Section 3.3 shall be amended as follows:
3.3 Each CONTRACT COMMUNITY and COUNTY for the unincorporated area
agrees to enact prior to March 31, 1987, a waste flow control ordinance as set
forth in Section 403.713, Florida Statutes (as may be amended from time to time),
directing that all solid waste generated within their respeotive geographic
boundaries be delivered to the resource recovery system transfer or disposal
Temporary Reso. No. 10997 — Exhibit 1
facility or facilities designated in the plan of operations. The solid waste tow
control ordinance shall be substantially in The form of Exhibit C attached hereto
and made a part hereof. Each party agrees to include in any contract 'or contract
amendments with haulers executed after the date of execution hereof, a provision
that all solid waste shall'be delivered to the resource recovery system transferor
disposal facility or facilities designated in the plan -of operations and to enforce
such provision with an exception for any waste generated in Broward County
which is shown to be destined for transportation to any, destination outside of the
State of Florida based upon a sworn affidavit of a hauler delivered to the County
reciting facts which evidence the transportation and disposal of waste outside the
State of Florida is excluded from this requirement. The COUNTY shall be a third
party beneficiary of such enforced provision.
3. Except as modified herein, the Interlocal Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties have hereto made and execute this Agreement on .
the respective dated under each signature: BROWARD COUNTY through its BOARD OF
COUNTY COMMISSIONERS, SIGNING BY AND THRC UGH ITS Chair or Vice Chair,
authorized to execute the same by Board action of the ! day of J LA-,&-k , 1999, 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 ' r �?��.N
...
/ B )u
County Administrator and v=0#ioiQ chair ,0 L}
Clerk of the Board of Counfy;; . ° �� day of�.-_
Commissioners of Broward GNnty,
Florida '`��,
Approved as to form by Office of the County Attorney
115 south Andrews Avenue
Fort Lauderdale, Florida 33301
Noel M. Pfeffer
Deputy County Attorney
Temporary Reso. No. 10997 - Exhibit 1
FIFTH AMENDMENT TO INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLD
WASTE DISPOSAL SERVICE
WITNESS
ATTEST:
Approved'as to form:
City Attomey
CONTRACT COMMUNITY.,
City of -Oakland Park
Name of Contract Community
Bye, Ll
Bonilyn 'Wilban s-Free, City .Manager
72 day ofla-,, , t"91
A0 D-(2
Temporary Reso. No. 10997 _,_ Exhibit 1
SIXTH AMENDMENT
This Sixth Amendment dated as of , 2001, to the Interlocal Agreement
with Broward County for Solid Waste Disposal Services ("Interlocal Agreement"), dated for
convenience November 25, 1985, by and between Broward County, a political subdivision of the
State of Florida, by and through its Board of County Commissioners, ("COUNTY") and the
Municipalities who are parties to the Interlocal Agreement ("CONTRACT COMMUNITIES").
Wn NESSETH
WHEREAS, the issuance of the $175,665;OW Broward County, Florida Resource Recovery
Refunding Revenue Bonds, Series 2001A (Wheelabrator South Project, Inc.); $9,330,000 Broward
County, Florida Resource Recovery Refunding Revenue Bonds, Series 200113 (Taxable)
(Wheelabrator South Project, Inc.); $150,700,000 Broward County, Florida Resource Recovery
Refunding Revenue Bonds, Series 2001A (Wheelabrator North Project, Inc.); and $8,000,000
Broward County, Florida Resource Recovery Refunding Revenue Bonds, Series 2001B (Taxable)
(Wheelabrator North Project, Inc.) has resulted in a savings to the Resource Recovery System; and
WHEREAS, said savings is realized as a credit to the Resource Recovery System, since it
serves to lower the cost of the operation of the System; and
WHEREAS, the Resource Recovery Board desires to pass this savings to the Contract
Communities, in an amount which reflects each Contract Community's contribution to the Resource
Recovery System; and
WHEREAS, in order to return excess funds to the Contract Comunities, a mechanism must
be established, which requires an amendment to the Interlocal Agreement;
NOW, THEREFORE, the. parties do agree to amend the Interlocal Agreement as follows:
1. Except as may be provided in this Sixth Amendment, all defined terms used herein
shall have the meanings ascribed to them in the Interlocal Agreement.
2. A new section 6.6 shall be added to the Interlocal Agreement and shall read as
follows:
6.6 Nothwithstanding anything contained herein to the contrary, beginning in Fiscal
Year 2001, and for the remainder of the term of the Bonds (as defined herein)
revenues which are a result of a savings in debt service attributable to the issuance
of the $175,665,000 Broward County, Florida Resource Recovery Refunding
Revenue Bonds, Series 2001A (Wheelabrator South Project, Inc.); $9,330,000
Broward County, Florida Resource Recovery Refunding Revenue Bonds, Series
2001B (Taxable) (Wheelabrator South Project, Inc.); $150,700,000 Broward County,
Florida Resource Recovery Refunding Revenue Bonds, Series 2001A (Wheelabrator
North Project, Inc.); and $8,000,000 Broward County, Florida Resource Recovery
Temporary Reso. No. 10997 — Exhibit 1
Refunding Revenue Bonds, Series 2001B (Taxable) (Wheelabrator North Project,
Inc.)...(collectively, "Bonds"), shall be distributed, no more than quarterly, to the
Contract Communities in a pro rata amount which represents each Contract
Community's tonnage contribution of Processable Waste to the Resource Recovery
System.
3. Except as modified herein, the Interlocal Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereto made and executed this Agreement on the
respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY
COMMISSIONERS, SIGNING BY AND THROUGH ITS Chair or Vice Chair, authorized to
execute the same by Board action of the day of , 2001, and by the CONTRACT
COMMUNITIES signing by and through officials) duly authorized to execute the same.
F _M
W011NO1!'1
BROWARD COUNTY, through its BOARD
OF COUNTY COMMISSIONERS
By: --
Chair
County Administrator and Ex-Officio day of , 2001
Clerk of the Board of County
Commissioners of Broward County, Florida
Approved as to form by
Office of the County Attorney
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Noel M. Pfeffer
Deputy County Attorney
Temporary Reso, No. 10997 — Exhibit 1
SIXTH AMENDMENT -TO INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR
SOLID WASTE DISPOSAL SERVICE
CONTRACT COMMUNITY
Name of Contract Community
Um
ATTEST:
Approved as to form:
City Attorney
day of . 2001
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Temporary Reso. No, 10997 -- Exhibit 1
COUNTY
BOARD Of COLN.Try C0VWSSj0,%4ERs
ATTEST;.
t x ut Vials. c y c_ , 200
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Temporary Reso. No70997 --'Fx` b— it 1
FOR SOLID WASTE Dk PO$AL SERVICE
_.
Cit,Y Clark
APPRQ'..T , -fo FOR� s
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Apr 15, i
totho-ftgaitwal AgeemenvwIthRmward Co=iy. for Solid Wes: v>oj 6 :acm=' (-Wedmj
mmc`
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w � aW the Murac!poliu4swho, are pardO M khc l ... O "tjkCT
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I A acw!Sacdon. 6.7 bo i to ft $mlef cal Agramcnt =d shill md as followr
COT.T-NMY,
ATTEST:
d�cv of 2004,
cleetc of &Ie Bowe of COW%ty
Cornmissiomrs of Browa.r.d. County, Florida
Approve w to fob bey:
Pert Laudqdil FIon"i 5�Yri.
"pMt
County At�cy
Temporary Reso, No. 10997 — Exhibit 1
FOR SOLID WASTE tSPOSA .-M ICE
ATTEST. WY OF COX�L'SPPWNCS. FLORMA
CETL iK I., CHARDSON..i viji,
C4 Clerk
AY ROVED AS T"O EORIM:'
State of 1ocida
The, f
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Nc& ' Wei Sts , and
"otter ,Pubic
seal on face
.+ "ypadrpda "1" .
ems" 0
BW,0,:WARDto
COUNTY
Public Works and Transportation Department
WASTE AND RECYCLING SERVICES
1 N. University Drive, Suite 400 • Plantation, Florida 33324 • 954-765-4202 • FAX 954-577-2391
Mr. Tom Schneider
City Clerk
City of Tamarac
7525 NW 88 Avenue
Tamarac, FL 33321
Dear Mr. Schneider,
Enclosed is a fully executed Tenth (10th) Amendment to the Interlocal
Agreement (ILA) between your City and Broward County for Solid Waste
Disposal Services, as executed by the Broward County Commission at its
meeting of August 22, 2006. This amendment provides for a change in the
composition of the Resource Recovery Board and amends the process for
electing the RRB chair and vice chair.
Sincerely,
Jeff Turpin
Assistant Director
ec
c: Diane Phillips, Technical Advisory Board City Representative
Broward County Board of County Commissioners
Josephus Eggelletlon, Jr. • Ben Graber • Sue Gunzburger • Kristin D. Jacobs • Ilene Lieberman • John E. Rodstrom, Jr. • Jim Scott • Diana Wasserman -Rubin • Lois Wexler
www.broward.org • Printed on recycled paper 0
Temporary Reso. No. 10997 — Exhibit 2
TENTH AMENDMENT TO THE
INTERLOCAL AGREEMENT CREATING
THE BROWARD COUNTY SOLID WASTE DISPOSAL DISTRICT
This Tenth Amendment is dated for convenience as April 15, 2006, 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 the Municipalities
who are parties to the Interlocal Agreement ("CONTRACT COMMUNITIES").
WITNESSETH:
WHEREAS, the composition of the Resource Recovery Board ("BOARD"), the
Governing Body of the Broward Solid Waste Disposal District is composed of nine
(9) members; and
WHEREAS, the Board was composed of a membership reflecting the
governments which controlled the flow of solid waste within Broward County in
1987; and
WHEREAS, the incorporated portion of Broward County in 2006 has
significantly grown.; and
WHEREAS, the unincorporated portion of Broward County in 2006 has
significantly gotten smaller; and
WHEREAS, it is the desire of the parties to the Interlocal Agreement to.
reflect the present governments in control of solid waste flow in Broward County
on the Board.
NOW, THEREFORE, the parties do amend the Interlocal Agreement as
follows:
Section 5.2 Composition of the Interlocal Agreement is amended to read.
"5.2 Composition. The Resource Recovery Board shall be comprised of
nine (9) members. Starting April, 2007, the board shall be comprised
as follows:
(a) One (1) member shall be appointed by the County
Commission.
Temporary Reso. No. 10997 — Exhibit 2
(b) Three (3) members. One (1) member each to be selected
by the three (3) CONTRACT COMMUNITIES with the largest
populations.
(c) Three (3) members. One (1) member each to be selected
by the three (3) CONTRACT COMMUNITIES nearest to the
median in size based upon population.
(d) Two (2) members. Each member is to be chosen by the
highest ranking office of the Broward League of Cities or its
successor organization, held by an elected official from a
municipal CONTRACT COMMUNITY. If no office of the
Broward League of Cities is held by an elected official from a
CONTRACT COMMUNITY, the appointments shall be made
by the past President of the Broward League of Cities from a
CONTRACT COMMUNITY, which most recently served as
President of the Broward League of Cities. If no past President
of the Broward League of Cities is available to make the
appointments, same shall be made by the Director of the
Broward League of Cities from a CONTRACT COMMUNITY
which has the longest service as a Director with the Broward
League of Cities.
A CONTRACT COMMUNITY which has an official serving on
the Board who was appointed pursuant to (a), (b) or (c) of this section
may not have another official appointed pursuant to (d) of this section.
Each member of the Board shall serve a term of two years. All
members appointed by the CONTRACT COMMUNITIES, the
COUNTY, and the Broward League of Cities, as provided herein, shall
be elected officials of their respective CONTRACT COMMUNITIES or
COUNTY COMMISSION, as the case may be. Should a member cease
to be a duly qualified elected official, the appointing authority which
appointed such individual to the Resource Recovery Board shall select
a successor to serve for the remaining term of the original
appointment. For the purpose of this section, population figures
contained in the latest estimate of population published by the
University of Florida Bureau of Economic and Business shall be used."
Section 5.3 of the Interlocal Agreement is amended to read:
"5.3 The Resource Recovery Board shall elect one (1) of its members as
chair and one (1) as vice -chair to serve for one (1) year in that capacity
or until their successors are elected. A simply majority of the
members of the Resource Recovery Board shall constitute a quorum to
conduct any of its responsibilities."
Except as modified herein, the Interlocal Agreement shall remain in full
force and effect.
i emporary Keso. No. 1 —Exhibit l
TENTH AMENDMENT TO INTERLOCAL AGREEMENT WITH BROWARD COUNTY
FOR SOLID WASTE DISPOSAL SERVICE
By: �cvTr
PrintNamedd,yI L, M1
Title: IO-
ATTEST:
CONTRACT COMMUNITY
(" i ty L ( '-Fc:, ry) c, C I o,
Name of Contract Community
i
By:
Print Name: 6e F I n!'.^I_`. �7C i_'irYl - Ci �o i. $c C?
Title: _ wlC j (,;"r
Executed this d < — day of JLJ�-, 2006.
Temporary Reso. No. 10997 --- Exhibit 2
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 aa!!ay of(?ak , 2006, and by
the CONTRACT COMMUNITIES signing by and through official(s) duly authorized to
execute the same.
COUNTY
BROWARD COUNTY, through its BOARD
OF COUNTY COMMISSV)NERS
ATTEST:
By:
Mayor
P` `Pday of 2006.
n v
Cou dministrator and Vx-Qficio
C of the Board of County
Commissioners of Broward County, lorid F ;1
Approved as to form by +w _
Office of the County attorney
tip
115 South Andrews Avenue'
Fort LauderdWame
01
(Print
County Attorney