HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-140Temp. Reso. #9400
05/15/2001
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001- 140
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
SPECIAL LIMITED RELEASE IN FAVOR OF PLAINTIFFS
IN THE CASE OF COASTAL CARTING LTD., INC. V.
BROWARD COUNTY, ET AL., U.S. DIST. CT., S.D. FLA.,
CASE NO. 96-7175; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac is a named defendant in the case of Coastal
Carting Ltd., Inc., v. Broward County, et al., United States District Court, Southern
District of Florida, Case No. 96-7175; and
WHEREAS, Plaintiffs and Defendants Broward County and the Resource
Recovery Board have settled this litigation; and
WHEREAS, pursuant to this settlement, Plaintiffs have offered to dismiss the City
of Tamarac and other named Defendant Cities from the case; and
WHEREAS, Plaintiffs have offered to provide the City with a Special Limited
Release, releasing the City of Tamarac from any and all claims and causes of action
that could be raised or could have been raised in the case stated above, as well as any
and all claims or causes of action pertaining to the waste flow control ordinance passed
by the City; and
WHEREAS, Plaintiffs will not provide the City with the Special Limited Release
until the City provides a Special Limited Release in favor of Plaintiffs, which provides for
the same releases as the release to be signed by Plaintiffs on the City's behalf; and
WHEREAS, said releases will be provided to both Plaintiffs and Defendants
Temp. Reso. #9400
05/15/2001
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simultaneously; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interests of the citizens and residents of the City of Tamarac to execute and
deliver a Special Limited Release to Plaintiffs in the case of Coastal Carting Ltd., Inc., v.
Broward County, et al., U.S. Dist. Ct., S.D. Fla., Case No. 96-7175, subject to receipt of
a reciprocal Special Limited Release from Plaintiffs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution.
SECTION 2: The appropriate City officials are hereby authorized to
execute a Special Limited Release, attached hereto as Exhibit A, in favor of Plaintiffs in
the case of Coastal Carting Ltd Inc., v. Broward County, et -al., U.S. Dist. Ct., S.D. Fla.,
Case no. 96-7175, subject to receipt of a reciprocal Special Limited Release from
Plaintiffs on behalf of the City of Tamarac.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
Temp. Reso. #9400
05/15/2001
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fl
SECTION 5:
passage and adoption.
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 13 day of June, 2001.
ATTEST: -
MARION 8WENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I have
approved this ORDINANQE as
MITCHELL,S. FT
CITY ATTOR Jr
1
i E SCHREIBER
`MAYOR
RECORD OF COMMISSION VO
MAYOR SCHREEBER
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS r
J4,
R, �/
,7-lq 9
KNOW ALL MEN BY THESE PRESENTS:
That, CITY OF TAMARAC, a municipal corporation, first party, for and in
consideration of the sum of TEN DOLLARS ($10.00), or other valuable considerations,
received from or on behalf of WHEELABRATOR SOUTH BROWARD, INC., a Delaware
corporation; WHEELABRATOR TECHNOLOGIES, INC., a Delaware corporation;
WHEELABRATOR NORTH BROWARD, INC., a Delaware corporation and WASTE
MANAGEMENT, INC., a Delaware corporation, WASTE MANAGEMENT, INC. OF
FLORIDA, a Delaware corporation and WASTE MANAGEMENT, INC. OF FLORIDA, on
behalf of COASTAL CARTING LTD., INC., second party, the receipt whereof is hereby
acknowledged.
(Wherever used herein the terms "first party" and "second party" shall
include singular and plural, heirs, legal representatives, and assigns of
individuals, and the successors and assigns of corporations, wherever the
context so admits or requires.)
HEREBY remise, release, acquit, satisfy, and forever discharge the said second
party, of and from all, and all manner of action and actions, cause and causes of actions,
suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties,
covenants, contracts, controversies, agreements, promises, variances, trespasses,
damages, judgments, executions, claims and demands whatsoever, in law or in equity,
which said first party ever had, now has, or which any personal representative, successor,
heir or assign of said first party, hereafter can, shall or may have, whether known or
unknown, accrued or not yet accrued, against said second party, for, upon or by reason
of any matter, cause or thing whatsoever, from the beginning of the world to the day of
these presents, ONLY WITH RESPECT TO THE FOLLOWING:
1. All claims and causes of actions raised or that could have been raised in
the litigation entitled Coastal Carting Ltd., Inc., Plaintiff v. Broward County,
Florida, et al., Defendants, Case No. 96-7175-CIV-GONZALEZ (Coastal
Carting Litigation) and that relate directly or indirectly to the subject matter
therein.
2. All claims or causes of action alleging the invalidity, unenforceability,
unconstitutionality or attacking in any manner Broward County Ordinances
87-3 and 87-4 and any amendments thereto as of the date hereof, and/or
the applicable Waste Flow Control Ordinances passed by each Contract
Community and/or municipality who are parties to the Interlocal Agreement
(1987) and/or Defendants in the Coastal Carting Litigation as of the date
hereof, or a Contract Community Flow Control Ordinance in a form
substantially similar to the County ordinances in effect as of the date hereof.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 13 day of
7lcne-, A.D., 2QU.
Signed, sealed and delivered
in presence of -
WITNESSES:
UN-
312"
STATE OF FLORIDA )
)SS..
COUNTY OF BROWARD )
CITY OF TAMARAC, a municipal
corporation
BY:
L- Ni vL L �'� C'c'"?' Mfl �tIA•G
(Print Name and Title)
The foregoing instrument was acknowledged before me this !3 day of Su NC ,
MU, by ,16F94Y G.• NI(tLe as MAnl,gCrE& of
CITY OF TAMARAC, a municipal corporation. He\fie [-4is personally known to me or
as identification.
FFI AL NOTARY SEAT,
,1UNE A WHITE
NOTARY PUBIC STATE OF FLORIDA
COMMISSION NO. CC775720
MY MMML90N EXP. SEPT 15 002
This Instrument prepared by:
MICHAEL W. MOSKOWITZ, ESQ.
Moskowitz, Mandell, Salim & Simowitz, P.A.
800 Corporate Drive, Suite 510
Fort Lauderdale, Florida 33334
-) �
NOTA PUBLIC, STATE OF FLORIDA
Print Name:
�u��
Commission No.: CC 17 S 7 -'L v
My Commission Expires: . !S a b-a-