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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. 1 2 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 SEQTJ All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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 C� FOURTH AMENDMENT INTERLOCAL'AGREEMENT WITH BROWARD COUNTY FOR SOLID WASTE DISPOSAL SERVICE c" n 79 �Jw r! ........ ryV�'• 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 ,,, ij L eo4 I $Y 7 Mayor - d mmis$,• :��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 -3- �J G 4^ day of re-� ry�"y , 19-9� /, A/pprFyA d,as7 to--j rm:. City Ae 1 S . Z t� neyy Mi tchr a f t _ / be, - ;->C Q • 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