HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-253Temp. Reso. #9513
Page 1 of 3
August 30, 2001
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-253
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A SIXTH
AMENDMENT TO THE INTERLOCAL AGREEMENT WITH
BROWARD COUNTY FOR SOLID WASTE DISPOSAL TO
RECEIVE BOND INTEREST SAVINGS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on November 25, 1985, Broward County and twenty-four
municipalities, including the City of Tamarac, entered into the Interlocal Agreement
(ILA) for Solid Waste Disposal Services; and
WHEREAS, the Resource Recovery Board (RRB) recently refinanced bonds
relating to the operation of the Broward Solid Waste Disposal District. This refinancing
resulted in significant savings in debt service payments; and
WHEREAS, the Resource Recovery Board recently voted to return these savings to
ILA cities based upon contributed tonnage to the system; and
WHEREAS, based on the letter from Broward Solid Waste Disposal District,
attached hereto as Exhibit 1, reimbursements to the City of Tamarac are estimated at
$74,972 in year 1 and $128,428 in year 2; and
WHEREAS, the Interim Executive Director of the Resource Recovery Board has
requested that ILA cities execute a Sixth Amendment to the ILA authorizing distribution of
savings to contract cities, a copy of said Amendment attached hereto as Exhibit 2; and
Temp. Reso. #9513
Page 2 of 3
August 30, 2001
WHEREAS, the Director of Public Works and Special Projects Manager recommend
the execution of the Sixth Amendment to the Interlocal Agreement with Broward County for
Solid Waste Disposal Services; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to execute the Sixth
Amendment to the Interlocal Agreement with Broward County for Solid Waste Disposal
Services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing WHEREAS clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof.
SECTION 2: The appropriate City officials are hereby authorized to execute
the Sixth Amendment to the Interlocal Agreement with Broward County for Solid Waste
Disposal to receive bond interest savings, a copy of said Amendment attached hereto as
Exhibit 2.
SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions
or applications of this Resolution that can be given effect without the invalid provision or
application, and to this end the provisions of this Resolution are declared to be severable.
1
1
u
SECTION 5
passage and adoption.
Temp. Reso. #9513
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August 30, 2001
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this 121" day of September, 2001.
ATTEST:
MARION SW NSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
m
i
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER Aver
DIST 1: COMM. PORTNER Ave,
DIST 2: COMM. MISHKIN A e/
DIST 3: V/M SULTANOF Ayes
DIST 4: COMM. ROBERTS-Ave/
U:\adm correspondence\agenda\9513RES-ILA Sixth Amendment
Exhibit 1
7 2 P 1 3-- 2 7 - TEMP. RESO Noa
„ - Broward Solid Waste Disposal Dis r c
F3ECEI . Erg
1 North University Drive, Suite 400-B
OF T'Am, j- Ii; Plantation, FL 33324
BROWARD COt% ,, , "` i .'; „
(954) 765-4202, Ext. 270 FAX (954) 577-2391
Resource Recovery Board
County Members: Dr. Ben Graber • Diana Wasserman -Rubin • Ilene Lieberman . Josephus Eggelletion. Jr.
City Members: Jim Naugle • Joseph Scuotto • Jim Waldman • Keith Wasserstrom • Lori Moseley
June 20, 2001
Mr. Jeffrey Miller
City Manager
7525 N.W. 88 Ave.
Tamarac, Florida 33321
RE: Sixth Amendment to Interlocal Agreement
Dear Mr. Jeffrey Miller,
I have already sent this letter to you last week. Please accept my apologies but I forgot to include a copy
of Resolution No. RRB 01-02 that the Resource Recovery Board recently passed as mentioned in the last
paragraph of this letter.
As you are aware, the refinancing of the bonds relating to the Broward Solid Waste Disposal District
resulted in a significant savings. The savings are realized as a credit against the monthly bill which the County
receives under the service agreements with Wheelabrator. The credit will cause excess funds to accumulate,
due to the reduction in the cost of operating the resource recovery system.
The Board has previously voted to return this savings to the Contract Communities. However, the
Interlocal Agreement with Broward County for Solid Waste Disposal ("ILA"), does not currently contain a
mechanism for returning excess funds to the Contract Communities. In order to establish this mechanism, the
ILA must be amended. Accordingly, the Board has voted to submit the enclosed amendment to the Contract
Communities for their approval. The amendment will be effective upon approval by the governing bodies of
Contract Communities and County Commission "containing at least 50% of the population off all Contract
communities and unincorporated County."'
As per the enclosed, the savings wili be returned to the Contract Communities based on their contribution
of processable waste to the system. Accordingly, it is important to retain control of the disposal of solid waste for
this reason, as well as to maintain compliance with your commitment under the terms of the ILA. The Board
recently passed a resolution (RRB-01-02) encouraging said compliance, a copy of which is enclosed herein. Will
you please place this item on your Agenda at your earliest convenience, so that we may begin to take advantage
of the savings resulting from the Bond refinancing.
Aou have any questions, please feel free to call me at 444-2871.
DoFreedland
Interim Executive Director RRB
IILA Paragraph 12.6
& Printed on recycled paper
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS — An Equal Opportunity Employer and Provider of Services
Potential Distribution of Bond Interest Savin s
(as a percentage of ILA deliveries to the Waste -to -Energy Plants)
Division: Office of Integrated Waste Management
Date: 04/25/01
Prepared by: David Cave
Partial Year, FY 2001
(03/01 /01 - 09/30/01)
% of Total
1st Yr
City
Tonnage*
Tonnage
Interest Savings
Coconut Creek
26,995.36
2.37%
$63,897.70
Cooper City
19,367.00
1.70%
45,841.47
Coral Springs
98,484.54
8.64%
233,111.77
Davie
72,183.43
6.33%
170,857.35
Deerfield
50,063.73
4.39%
118,500.28
Fort Lauderdale
219,516.28
19.26%
519,592.52
Hillsboro Beach
1,885.94
0.17%
4,464.00
Hollywood
124,7V-06
10.94%
295,251.21
Lauderdale by the Sea
4,196.02
0.37%
9,931.93
Lauderdale Lakes
16,988.02
1.49%
40,210.44
Lauderhill
36,455.94
3.20%
86,290.78
Lazy Lake
0.00
0.00%
0.00
Lighthouse Point
10,518.06
0.92%
24,896.13
Margate
43,112.42
3.78%
102,046.60
Miramar
44,054.62
3.87%
104,276.77
North Lauderdale
16,317.63
1.43%
38,623.63
Oakland Park
36,341.15
3.19%
86,019.09
Pembroke Park
149.37
0.01 %
353.56
Plantation
64,511.72
5.66%
152,698.51
Sea Ranch Lakes
0.00
0.00%
0.00
Sunrise
63,934.07
5.61 %
151,331.20
Tamarac
31 674.07
2.78%1
74 972.15
Wilton Manors
9,469.78
0.83%
22,414.86
Unincorporated
120,321.07
10.56%
284,798.61
Weston
28,422.03
2.49%
67,274.61
1,139,699.26 100.00%
$2,697,655.17
Based on origins provided by licensed haulers during FY 2000.
NOTES:
(1) This supercedes all previous versions of this table, which were based on estimates.
(2) Proation is estimated on the FY 2000 tonnage.
Sources:
Tonnage figures: Broward County Solid Waste Technologies (SWT)
Potential Distribution of Bond Interest Savin s
(as a percentage of ILA deliveries to the Waste -to -Energy Plants)
Division: Office of Integrated Waste Management
Date: 04/25/01
Prepared by: David Cave
Coconut Creek
Cooper City
Coral Springs
Davie
Deerfield
Fort Lauderdale
Hillsboro Beach
Hollywood
Lauderdale by the Sea
Lauderdale Lakes
Lauderhill
Lazy Lake
Lighthouse Point
Margate
Miramar
North Lauderdale
Oakland Park
Pembroke Park
Plantation
Sea Ranch Lakes
Sunrise
Tamarac
Wilton Manors
Unincorporated
Weston
Tonnage*
26,995.36
19,367.00
98,484.54
72,183.43
50,063.73
219,516.28
1,885.94
124,7V.06
4,196.02
16, 988.02
36,455.94
0.00
10,518.06
43,112.42
44,054.62
16,317.63
36,341.15
149.37
64,511.72
0.00
63,934.07
31 674.07
9,469.78
120,321.07
28,422.03
1,139,699.26
Full Year, FY 2002
Based on origins provided by licensed haulers during FY 2000.
(10/01/01 - 09/30/02)
% of Total
Tonnage
2.37%
1.70%
8.64%
6.33%
4.39%
19.26%
0.17%
10.94%
0.37%
1.49%
3.20%
0.00%
0.92%
3.78%
3.87%
1.43%
3.19%
0.01 %
5.66%
0.00%
5.61 %
2.78%
0.83%
10.56%
2.49%
100.00%
Interest
Savings
$109,457.52
78,526.98
399,323.26
292,680.68
202,992.40
890,068.21
7,646.88
505,768.86
17,013.52
68,880.96
147,817.14
0.00
42,647.37
174,807.04
178,627.36
66,162.74
147,351.73
605.65
261,574.37
0.00
259,232.16
128,428.20
38,396.93
487,863.43
115,242.21
$4,621,115.61
NOTES:
(1) This supersedes all previous versions of this table, which were based on estimates.
(2) Proation is estimated on the FY 2000 tonnage.
Sources:
Tonnage figures: Broward County Solid Waste Technologies (SWT)
SIXTH AMENDMENT
This Sixth Amendment dated as of Zig-Y - /2,_,, 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").
WITNESSETH
WHEREAS, 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 (Wht.aabrator 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
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 official(s) duly authorized to execute the same.
ATTEST:
COUNTY
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
By:
Noel M. Pfeffer
Deputy County Attorney
SIXTH AMENDMENT TO INTERLOCAL AGREEMENT WITH BROWARD
COUNTY FOR SOLID WASTE DISPOSAL SERVICE
CONTRACT COMMUNITY
ATTEST:
t
Marion Swenson, CMC
City Clerk
Date:
CITY OF TAMARAC
By:
oe Schreiber, Mayor
Date:
;VF I
Jeffr L. iller, City Manager
Date: (l 14, C.%/
I
Ap ove asito form an
1%fficien y:
By:.
itchell S. Kra t,
Date: (-/- /4._C/
Public Works Department
&1k Office of Integrated Waste Management
1 N. University Drive, Suite 400-B
Plantation, FL 33324
BROWARD COUNTY
(954) 765-4202 • FAX 577-2391
January 25, 2002
Marion Swenson, City Clerk
City of Tamarac
7525 N.W. 88 Avenue
Tamarac, Florida 33321-2401
Dear Ms. Swenson:
Attached please find one executed copy of the Sixth Amendment to the Interlocal Agreement
between the City of Tamarac and Broward County for Solid Waste Disposal Services.
If you have any questions, please do not hesitate to contact me at 765-4202, extension 260.
Very truly yours,
Jeff Turpin
Assistant to the Director
TJT/bd
Attachment
Printed on recycled paper el
J
�dayW� ��pllo
a U
b IN 0E WIC lit
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS — An Equal Opportunity Employer and Provider of Services
Josephus Eggelletlon, Jr. Ben Grober Suzanne N. Gunzburger Kristin D. Jacobs Ilene Lieberman Lori Nance Parrish John E. Rodstrom, Jr. James A. Scott Diana Wasserman -Rubin
Visit us on the Internet: www.broward.org/oiwm
e a%.
SIXTH AMENDMENT
This Sixth Amendment dated as of J4,)V, /2 _, 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").
WITNESSETH
WHEREAS, 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 (Whcrlabrator 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 Comunides, 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 shaI1 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
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 JUROUG ITS C�air or Vice Chair, authorized to
execute the same by Board action of the�A`tlay of , 2001, and by the CONTRACT
COMMUNITIES signing by and through official(s) duly0authorized to execute the same.
ATTEST:
C:ofty Administrator and E-x ''cio
Clerk of the Board of County
Commissioners of Broward County, Florida
Approved as to form by
Office of the County Attorney
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
By:.
Noel M. Pfeffer
Deputy County Attorney
COUNTY
BROWARD COUNTY, through its BOARD
OF COUNTY COMMISSIONERS
d C)
B Alf
Chair
IS 44-7 day of c,rµ , 200-?,
SIXTH AMENDMENT TO INTERLOCAL AGREEMENT WITH BROWARD
COUNTY FOR SOLID WASTE DISPOSAL SERVICE
CONTRACT COMMUNITY
ATTEST:
Marion Swen on, CMC
City Clerk
Date: I l /
CITY OF TAMARAC
By: . ze�.
Joe Schreiber, Mayor
Date: 1 �/
40-07`
By:z..1''
Jeffr L. Miller, City Manager
Date: 9- ).2--v I
Date: / - / ` - 0 1