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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 -1- 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. -2- 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 -3- 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. -4- 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 M10 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. -6- 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 Ci<M 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 :1:Z 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 MIM 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 -10- 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. -11- 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. -12- 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 -13- 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. Clem 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 CIFEM 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 -Is-- 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 -17- 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 -10- Temporary Reso. No. 10997 . Exhibit 1 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. -19- Temporary Reso. No. 10997 — Exhibit 1 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. M41L 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$) months prior to the date additional resource recovery system transfer or disposal facilities become fully operational and otherwise from time to time as deemed appropriate. The plan of operations shall# among other things, deal with such matters relating to the operation, management and administration of the resource recovery facilities, landfills, contingency landfills and transfer stations; hours of operations; schedules of all participants; schedule and routing of deliveries; provisions for issuance of authorization to and .regulation of delivery vehicles; measurements of quantity, quality and other waste eharacteristiesi billings rules and regulations relating to the use of the resource recovery systems inspection of resource recovery system facilities. and such other items as may be deemed appropriate from time to time by the Resource Recovery Board. - 21- Temporary Reso. No. 10997 — Exhibit 1 4.8 Access to Resource Recovery Facilities. The COUNTY agrees to permit, in accordance with the terms of the service agreements and plan of operations, authorized representatives of each CONTRACT COIMUNITY and unincorporated County to enter all facilities of the resource recovery system during usual business hours for inspection purposes. 4.9 .Weighing Records. The COUNTY shall cause operators of all resource recovery system facilities subject to the terms of the service agreements to operate and maintain motor truck scales calibrated to the accuracy required by Florida law and to weigh all vehicles delivering proeessable waste. Each vehicle delivering solid waste from a CONTRACT CC$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 -22- 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 -23- 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. -24- 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. -23- 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) -26- 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 -27- 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 -x8- 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 -29- 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. -30- 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. -31- 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 -32- 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. -33- 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. -36- 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, -37- 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. -39- 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: -40- 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. -41- 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 -42- '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. -43- 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 -44- 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^ -•n � ';`�'•`" a��Ci '�',rf•;; .q.: Cerra .. VFM:ed2/1/87 #871403� 'day NX / -�' _1` t 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 .. �r r pGT' IST a 1JO moo' A QQ', °r-r e�rf��aN'�`�taoe��gy -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 W w f i. r '� . k• Peter H I Rkhmoon,C Ckrk oty.O`cwat• spriop ;qssI. `m. .' " F-TTT7-=L- trwoxed is a fully +wutvd Ssvoro ( h) A.mwxtmont to. the I+'r i:'. mw*n (ILA) 'Ofy OW SM"wd CVA* for S""4W* 0OWSO moo, at 0-vocaw, kv. me bw~4 tiumip cit� ows"ot, omoubw 7rx M4. Thin Can"m(TAC) unWe t* .**eW A WdOjIMr. Mfttirq. Sd!K*:Cl,w �41 E�] 4 e _ U*W + a6s* "ftm~. - it 1'M •,. I * T"0 0wo ftow 'e'04T 1 W, i+ •Ore 'xm %V"p Ik•h7 ow � � � -;-- — , --,­ --:---Tomporafy-Reso, No-10991?==Exhibit 1 ............... ........... F GPM- L mm.. , I - , C44 r" o tgs 4 i I fyA, IM Mf ... 1*74511 —�-= =07. "'T ':M77717=71 r"ll i7a'7770"7�E-1!7121 ----- ..... "wM-0-6hM -i" Sactim Slof ft lnuwb)cg ..AVVOVCM t"*I;to the compositift ofthe :m" Shan be ==Wed. by the a"fioft of Ihe fof l0wing Tim' Is"SaW toc cod 04 60 .2. Temporary Rese.-No,1a997­Exhibit ] a rhoriz t in Pf"e:of aftavlifiq tc M nuttzbvt ex4epf. 45, to the usumprion o.th dwkwl of t R" Chair, or Vi= Cam:. if dta. w v xbl Temporary Reso. No, 10997 -- Exhibit 1 COUNTY BOARD Of COLN.Try C0VWSSj0,%4ERs ATTEST;. t x ut Vials. c y c_ , 200 Y 001100, !ltitr A9A1[; C I?iN CIA of the, orcowo. Approved qs. �II b ��yy by �O Of C 110�w AtC�z71� fit. �ti��. �[t�t?$.��•� �� is F Temporary Reso. No70997 --'Fx` b— it 1 FOR SOLID WASTE Dk PO$AL SERVICE _. Cit,Y Clark APPRQ'..T , -fo FOR� s Ci 5t of lda. T �1tv$0inin t =M bte re .tee, the 0ML gned wzzny u€F i.c inrid f6r . w or F tIOC� .�; .�i� c1�: � y of „� n '1: y . 3qd ayor; respecz, '. i o.l. lac, S.C.at of Ofcc a jSp,Yn � �,�. vet ^Wf'f• -fir. x. 0, 4az Nlodda an,Qf v lds ; s Wh6 Siv.r a . Temporary Reso. No. 10997 — Exhibit 1 owl ' PrWAOID-WAl uAftcalm. Pour M, J. Rkhard; Cat city. Cwk city Coral Sw*s. 551 VAW. . POW cWW:$PdqAl: K 3"" s . - � } ., ---d fnis t: togmh f Amen*rmnt:to ft;bjwjO"j ' COUKY for 'SdW'' to viso") SMV1011i auftrulng ft d Wen°"fit ta.ths' ILA corr,mmitles'400terminedby .thi A e NNW*. Ord, a6d *90%,by the eats f " � ' "WOW �,�7• .:r : �*�i�l''.�« �:��'ira"!�C'N":G.'�1k�i �'�"lli ....� 1'emporary Reso. No. 10997 - Exhibit 1 Apr 15, i totho-ftgaitwal AgeemenvwIthRmward Co=iy. for Solid Wes: v>oj 6 :acm=' (-Wedmj mmc` icier t -of Jo v a .eta w � aW the Murac!poliu4swho, are pardO M khc l ... O "tjkCT -- Temporary Keso. 1'J!° - 4it9� --I±xftrbitll HEREA , irr mder to,ftmrf the abovt Monift of dw. Solid Waste System W the �M �•ti -. � t"' R:«>t I•rf .Y��;.W, ..q �i Yk�+"'+s'•.` a ..j.y wt. '.L:-.�. '!Y-.'� np; •'x. *. �'.N Mrl i710. x. 'f r �. e�:p, ,"M d.M 4' t.R 1•f.'7 xr.�'S N? f �. ,I.;�tw� x'. w� r.�. -..r. wnp{. i,,.x . 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 �t� �'i�i �" �� YO� F14Ce�g,� ia�, 1'�1� '.t�C �, ..`!• '��''............ rr b .���.�;� by . ). s RK` zW' oonr .o Est-css, cif c �i y axR r cza _. zt'4 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