HomeMy WebLinkAboutCity of Tamarac Resolution R-96-0281
Temp. Reso. #7323
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-96- 0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE A FOURTH AMENDMENT TO
THE INTERLOCAL AGREEMENT WITH BROWARD COUNTY
FOR SOLID WASTE DISPOSAL SERVICE; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDINQ FOR AN EFFECTIVE
WHEREAS, the Resource Recovery Board at its meeting on December 15, 1995,
endorsed the ratification by the County Commission and Contract Communities of the
Fourth Amendment to the Interlocal Agreement for Solid Waste Disposal Service; and
WHEREAS, the approval of the Fourth Amendment to the Interlocal Agreement
would provide for an Executive Director and Legal Counsel to report directly to the
Resource Recovery Board; 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 authorize the
appropriate city officials to execute a Fourth Amendment to Interlocal Agreement with
Broward County for Solid Waste Disposal Service.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
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Temp. Reso. #7M
SECTION 2: That the appropriate City Officials are hereby authorized to execute
the attached Fourth Amendment to Interlocal Agreement with Broward County for Solid
Waste Disposal Service (attached hereto as "Exhibit A").
SEQTJ 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repealed to the extent of such conflict.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.
SECTION 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this %q y of Fet6 "�Z04-
0 1RMAN ABRAMOWITZ
Mayor
ATTEST:
CAROL A EVANS
City Clerk
I nEBY CERTIFY that I have
pro ie this R N o form
IT ELL S. KRAFT
City Attorney
411, Amend 10-mlerlocal Brow Wrl,
RECORD' OF COMMISSION VOTE
MAYOR
ABRAMO`/VITZ
MST.1:
COMM.MCKAYE
01 ST. 2:
D(ST. 0:
C2" "4. `�C II I E3ER
015T, 4:
V/M I!_1ACHFK
Temp Reso. 7#7323
Exhibit "A"
11
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FOURTH AMENDMENT
INTERLOCAL'AGREEMENT
WITH
BROWARD COUNTY
FOR
SOLID WASTE DISPOSAL SERVICE
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FOURTH AMENDMENT
This Fourth Amendment dated for convenience October 1, 1994,
to the znterlocal 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
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
FOURTH AMENDMENT TO INTERLOCAJ_
0 LID WASTE DISPOSAL SERVICE
AGREEMENT WITH BROW:,4' COUNTY FOR
CONTRACT COMMUNITY
WITNESS CITY OF TAMARAC _
Name of Contract Community
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eo4 I
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Mayor - d
mmis$,• :��r
Norman Ab
day of 5-,&-77-1 ,
TTEST : B
A
City Manager
Robert S. Noe, Jr.
rol A. Evans
City Cleric
NMP:dp
1/12/96
,OF93-137.04
RRS.A02
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G 4^ day of re-� ry�"y , 19-9�
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A/pprFyA d,as7 to--j rm:.
City Ae 1 S . Z t� neyy
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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 modified herein, the Interlocal Agreement among
the parties shall remain in full force and effect.
IN WITNESS WHEREOF,
this Agreement can the
BROWARD COUNTS:' through it
by and through its Chair.
by Board action on the
—CONTRACT COMMUNITIES sir
authorized to execute same.
ATTEST:
Co y dmi xstratot.and
Ex-Officio Clerk .6f.i-"
the Board of Cody'
Commissioners o Browar�d
County, FloridN _
the parties
respective
s BOARD OF
or Vice Cha
o day o f
n ni g by and
COUNTY
hereto have made and executed
dates under each signature:
COUNTY COMMISSIONERS, signing
ir, authorized to execute same
19� , and the
i -r ugh its -, duly
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
Ch it
day of /h^- 19
a
Approved as to arm by
.�b.fAlce of County Attorney
L p - ;+' r,Pward County, Florida
J. COPELAN, JR. , County At
overnmental center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
TelecopLe : (305) 357-7641
By
NOEL M. PFEFFER
Deputy County Attorney
torney