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Home My WebLink AboutCity of Tamarac Resolution R-99-209Temp. Reso. #8651 Page 1 August 17, 1999 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99 -A0q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A FIFTH AMENDMENT TO THE INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLID WASTE DISPOSAL SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 25,1985 the City of Tamarac entered into an Interlocal Agreement (ILA) with Broward County for Solid Waste Disposal Services; and WHEREAS, the Executive Director of the Resource Recovery Board requests action, a copy of said request attached hereto as "Exhibit 1", from ILA cities to execute the Fifth Amendment to the ILA, a copy of said Amendment attached hereto as "Exhibit 2'; and WHEREAS, The Executive Director of the Broward League of Cities also requests action to cooperate with the Resource Recovery Board in executing the Fifth Amendment, a copy of said request attached hereto as "Exhibit 3"; and WHEREAS, the Fifth Amendment is required pursuant to recent court decisions regarding flow control issues in order to remove all barriers, restrictions, impediments and regulations of whatever nature from solid waste generated in Broward County which is destined for disposal outside of the State of Florida; and WHEREAS, the Fifth Amendment will require an amendment to the City's solid waste flow control ordinance to provide an exception for waste destined for transportation to any destination outside of the State of Florida; and 1 1 Temp. Reso. #8651 Page 2 August 17, 1999 WHEREAS, the Fifth Amendment is consistent with the flow control regulations of other jurisdictions which have provided an out-of-state exclusion and have withstood constitutional scrutiny; and WHEREAS, the Assistant Director of Public Works recommend that the City enters into this Fifth 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 Fifth 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 Fifth Amendment to the Interlocal Agreement with Broward County for Solid Waste Disposal Services, 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. Temp. Reso. #8651 Page 3 August 17, 1999 IJ 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. SECTION 5: passage and adoption. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this vR ATTEST CAROL GOO, CMC/AAE CITY CLERK I HER Y CERTIFY that I appr ed this RE OLU 1 as to f ran. MITCHELL S.'KRAF . - CITY ATTORNEY U:\adm correspondence\agenda\8651 RES-ILA Fifth Amendment 1 day of 1999. — (�_c OE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTN DIST 2: V/M MISHKIN _r DIST 3: COMM. SULTANC DIST 4: COMM. ROBERTS Exhibit 1 TEMP, RESV. No. ard Solid Waste Disposal District 201 S. Andrews Avenue BRO ARD COUNTY Fort Lauderdale, FL 33301 (954) 765-4202, Ext. 259 • FAX (954) 765-4237 Resource Recovery Board County Members: Norman Abramowitz • Scott I. Cowan • Ilene Lieberman.-- Lori Nance Parrish • John E. Rodstrom, Jr. City Members: Jim Naugle * John Coleman • Robert Sproc • Michael Zeitchik June 2, 1999 The City of Tamarac Mr. Robert Noe, City Manager 7525 NW 88 Avenue Tamarac, Florida 33321 Dear Mr. Noe: I have attached for your review and consideration a copy of the proposed Fifth Amendment to the InterLocal Agreement (ILA) between the Contract Communities and the County. Also, I have • attached the County's proposed amendment to Ordinance No. 87-4; which is the County's flow control ordinance, The Resource Recovery Board approved the Fifth Amendment, contingent upon approval by the Contract Communities and County Commission, at its May 21, 1999 meeting: Section 12.6 of the ILA requires execution by least 51% of the population of all Contract Communities and Unincorporated County (attached). We would greatly appreciate your immediate attention to placing the Fifth Amendment on your next Commission meeting agenda. If they approve the Fifth Amendment, the enclosed ordinance may serve as a format for amending your flow control ordinance. This ordinance revision serves to exclude waste bound for disposal outside the State of Florida. I avail myself to your Commission if they want a formal presentation of this ILA and Ordinance change. Should you need any further information regarding this or any other District matter, please call me at 765-4202, extension 259. r .M1119 Joe Moss :cutive Director 0 cc: Mark Greenspan, TAC Representative BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS — An Equal opportunity Employer and Provider of Services N�rrT n. ul I\LJrillllq:ll t; Jc C)11 I (,()w(]n �iraZonnP, N. C>Unzburger Kristen U ocobs Ilene bebermran Lcr- Nonce Jcnn E. Rodstrom. Jr Visit us on the Internet: www.co.broward fl.us Exhibit 2 TE► IP. RESO. No, FIFTH AMENDMENT This Fifth Amendment dated for convenience May 21, 1999, 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"). W I T N E S S E T H WHEREAS, the Interlocal Agreement was entered into, in part, based upon enabling legislation contained in Section 403.713, Florida Statutes, which specifically authorizes local governments to enact "flow control" ordinances to ensure that the Resource Recovery System receives an adequate quantity of solid waste. In reliance on this law, the County and twenty-four Contract 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 processed at a single designated facility effectively prohibited export of waste beyond state lines without the initial local processing, thereby discriminating against interstate commerce 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 regar=o flow control and to remove all barriers, restriction, impediments and regulations of whatever rature. from any solid waste generated in Broward County which is destined for disposal c::ts de cr" the State of 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 Interlocai Agreement as follows: 1. Except as may be provided in this Fifth Amendment, ail defineo terms used herein shall have the meanings ascribed to them in the Interlocai Agreement. 2_ Article 3, Section 3.3 shall be amended as foilows: 3.3 Each CONTRACT COMMUNITY and COUNTY for the urine; orated area agrees to enact prior to March 31. 1987, a waste flow centre! ordinance as set • forth in Section 403.713. Floriaa Statutes (as may be amencec frcm r:me to time), directing that all solid waste generated within tr,eir rescectr:e geographic boundaries be delivered to the resource recovery system � ansfer cr 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 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 transfer or 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 Interlocai 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 THROUGH ITS Chair or Vice Chair. authorized to execute the same by Board action of the day of 1999, and by the CONTRACT COMMUNITIES signing by and through official(s) duly authorized to execute • the same. COUNTY ATTEST: COMMISSIONERS County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida BROWARD COUNTY, through its BOARD OF COUNTY By, Chair Approved as to form by Office of the County Attorney 115 south Andrews Avenue Fort Lauderdale, Florida 33301 Mw Noel M. Pfeffer Deputy County Attorney day of 1999 . FIFTH AMENDMENT TO INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLID WASTE DISPOSAL SERVICE CONTRACT COMMUNITY Joe Schreiber, -Mayor WITNESS City of Tamarac ATTEST. - Approved as to form: City rney 0 Name of Contract Community By day of 4�; cc � c 7—, 1999 From: eroward League of Cities To: Vice Mayor Larry Mishlan Date: 9/7199 Time: 1118.04 AM Page 2 of 2 Exhibit 3 ` BROWA►RD r- : j c :TEMP. �E�0, No. s� r' E `�� E D I LEAGUE _ - �-- OF CITIES June 7, 1999 t 3 P I : 5 6J �iiy� Cj �JU, � 7 Z 1999-2000 OFFICERS FAX TO: All Board Members President Maureen Berk FROM: Eileen K.W. Cudney,3�PCttt�yer�a£7�u^, CornmissionariCoral Springs ' W s ut K First Vice President John Fiore CITY MAN Vice MayonWlton Manors President Maureen Berk has asked me to advise that at the June Second Vice President Caryl Stevens Board meeting, we heard an important report from W. Joe Moss, CcmmissionerlOakland Park Secretary Gwyndolen Clarke -Reed Executive Director of the Resource Recovery Board. Commissroner0eerf 1d Beach Treasurer Bob Marks ViceMaywrPaddand As you know, there are pending legal matters that could cost the Resource Recovery Board many millions of dollars. If the Court finds DIRECTORS that the Resource RecoveryBoard is liable for a lmmed/ate Past President payment, the Carlton Moore amounts would be paid through a special assessment Vice MaycriFortLauderdale affecting every resident of the member cities. Norman Abmmowitz Broward County Commissioner Rae Carol Armstrong last week Mr. Moss sent to our City Manager proposed Mayor, Plantation Y tY 9 p p Eugene Beck amendment to the Interlocal Agreement. Approval of this CommissionerkauoerdaleLakes amendment will greatly improve the Resource Recovery Richard Blattner CommissioneuFtollywood District's position with the Courts. It is vital that the amendment James Bush be approved at the very earliest possible time. Vice MayaNDavie Alex Fekete Mayor/Pembroke Pines Please work with your staff to have the amendment to the Sam Goldsmith MayovC'.000nut Creek RRB interlocal agreement placed on your commission/council William Griffin agenda for approval immediately. CamnlissionedPompano Beach Irwin Harlem Commissionerl3unnse Thank you for your attention and cooperation. Edwin Jacobson CommisHVesbn Tysonon Jones \ � CommissioneriLauderhill \v\ M. Scott Kleiman CommissioneriCoeper City Ken Kohl Mayor/Sea Ranch Lakes Carmen McGarry \ CommissionerMiUsbvro Beach John Lyons Commusioner/Pembrake'Park s Bob Mikes CommissioneriDania Beach Larry Mishkin Vice Mayorlr'amarac / Lori Moseley J - MaycirrlNiramer Oliver Parker Mayorkauderda/e by the Sea Arthur Rosenberg C CommissionerMalfanda/e Lynn ent la -Pagans \ CommissiSpaneriLighthouse Point Joseph Varsallone Gommissionerr4fMargargate Michael Zeitchik CouncihttanAorth Laur/e►dale 115 South Andrews Avenue. Suite 122 Governmental Center. Fort Lauderdale. Florlda 33301 Eileen K.W. Cudney (954) 357-7370 - 357-5563 FAX - 6-Mall ecudaty0bell2guth.net - Wet) site: www.browardleague.org Executive Director 11/24/2003 15:40 9545772391 BROW CNTV OIWM ADMIN PAGE 05/08 FIFTH AMENDMENT This Fifth Amendment dated for convenience May 21, 1999, 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 Interlocal Agreement was entered into, in part, based upon enabling legislation contained in Section 403.713, Florida Statutes, which specifically authorizes local governments to enact "flow control" ordinances to ensure that the Resource Recovery System receives an adequate quantity of solid waste, In reliance on this law, the County and twenty four Contract 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 ofClarkstown, which held that a local flow control ordinance that required all local waste to be processed at a single designated facility effectively prohibited export of waste beyond state lines without the initial local processing, thereby discriminating against interstate commerce 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 State of 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: 11/24/2003 15:40 9545772391 BROW CNTY OIWM ADMIN PAGE 07108 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 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 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 transfer or disposal facility or facilities designated in the plan of operations and to enforce such provision, with the exception of waste generated in Broward County which is shown to be destined for transportation to any destination outside of the State of Florida. The COUNTY shall be a third party beneficiary of such 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 executed this Agreement: BROWARD COUNTY COMMISSIONERS, signing by and throughitl Chair or vice Chair, au=�andl 'd to execute the same by Board action of the may of 11 .4— by the CONTRACT COMMUNITIES signing by and thf'OUgh officials) duly authorized to execute the same. EAWER11111111 roward County Admi Ex-Officio Clerk of the Commissioners of Bra COUNTY BROWARD COUNTY, through its BOARD OF COUNTY � ifs .t� a OMaana„Y� 4= Hr ash; - = -Apit qrB CdarAy <, W-4nty `Pa 1, 7: `-"i4ppr,&ed as to form by ,rf- ED'%VARD A. DION, County Attorney f r Broward County Florida Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Teleco ier- (954) 357-6968 By Noel M- Pfeffer Deputy County Attorney 11/24/2003 15:40 9545772391 BROW CNTY ❑IWM ADMIN PAGE 08/08 RLOGAL AGREEMENT W1TI-I WAS BROWARD COUNTY FOR SOLID FIFTH AMENDMENT TO WASTE D SPOSASERVICE WA WITNESS ATTEST: f Approved as to form: CONTRACT COMMUNITY_ .. Joe Schreiber, Mayor C1tof Tamarac Name of Contract Community By 3/ day of au_ Itsr 1999