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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-140Temp. Reso. #9400 05/15/2001 Page 1 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 Page 2 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 Page 3 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-