HomeMy WebLinkAboutCity of Tamarac Resolution R-93-0383
3
3
1
S
6
1
Temp. Reso. # Him%
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-93- ,J L
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
REVISED FIRST AMENDMENT/INTERLOCAL AGREEMENT
WITH BROWARD COUNTY FOR SOLID WASTE DISPOSAL
SERVICE; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIYE DATE -
WHEREAS, the City Council 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 revised First Amendment/Interlocal Agreement with
Broward County for Solid Waste Disposal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
SECTION1: That the foregoing "WHEREAS" clause is hereby
ratified and confirmed as being true and correct and are hereby
made a specific part of this Resolution as attached hereto.
SECTION 2: That the appropriate City Officials are hereby
authorized to execute said First Amendment/Interlocal Agreement
with Broward County for Solid Waste Disposal Service.
SECTION 3: All resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such
conflict.
SECTTON 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 o
application, it shall not affect the validity of the remainin
portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective
3
2
31
4
5
riZ
2 -71Temp. Reso. # 1r5
immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this
%ay o f-- , 1993.
ATTEST:
CAROL A. EVANS
CITY CLERK
MAYOR
DIST 1:
I HEREBY CERTIFY that I DIST.2:
have approved this D,%Z-, 3:
RESObUTION as to form. DIS7.4:
ram' i
MITCHELL S.. JRAFT
CITY ATTOPNEY
1ST AMENDMENT/INTER LOCAL AGREEMENT(rkt)
H BE
MBENDER
MAYOR
RECORD OF
VOTE
0
(,93--59
F I R S T A M E N D M E N T
0 I N T E R L O C A L A G R E E M E N T
W I T H
B R O W A R D C O U N T Y
MIKiM.a
S 0 L I D W A S T E D I S P O S A L S E R I C E
0
lZ.43- 38
FIRST AMENDMENT
This First Amendment dated for convenience October 1, 1992, to
the Interlocal Agreement with Broward County for Solid Waste
Disposal services, dated for convenience November 25, 1986, 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 whose names appear in Exhibit "A"
of the Interlocal Agreement ("CONTRACT COMMUNITIES").
W I T N E S S E T H
WHEREAS, the COUNTY and CONTRACT COMMUNITIES desire that the
Broward Solid Waste Disposal District and its Resource Recovery
Board provide for a Materials Recovery Facility through the use of
available funds including a surcharge on processible waste
delivered to resource recovery system facilities.
WHEREAS, the Florida Solid Waste Management Act (1988) directs
Counties to reduce their solid waste stream and recycle designated
materials; and
WHEREAS, the COUNTY has secured from Browning Ferris
•Industries, of Florida, Inc., (BFI) a comprehensive proposal to
construct, operate, and maintain a Materials Recovery Facility
(MRF) for the COUNTY and CONTRACT COMMUNITIES for a term of eight
(8) years.
NOW, THEREFORE, the parties do agree to amend the Interlocal
Agreement as follows:
1. Except as may be provided in this First P- endment, all
defined terms used herein shall have the same meaning as
in the Interlocal Agreement.
2. Article 2, Definitions, shall be amended by the addition
of new Sections 2.26, Materials Recovery Facility
Contract and 2.27 Materials Recovery Facility, reading as
follows:
2.26. Materials Recovery Facility Cor_z�ract. The
term "Materials Recovery Facilzy Contract"
shall mean the contracts entered into between
COUNTY and Browning -Ferris Indu=_zries, Inc.,
dated for convenience September 1992, for
the purpose of designing, �:�-,nstructing,
testing, operating, maintaining, and repairing
a materials recovery facility cr any other
full service contractor for the purpose of
designing constructing, testinc, operating,
maintaining, and repairing _ materials
recovery facility as a part of she resource
recovery system.
E
2.27. Materials Recovery Facility. The term
"Materials Recovery Facility" shall mean the
facility or facilities constructed, operated,
maintained and repaired or caused to be
constructed, operated, maintained, and
repaired by COUNTY pursuant to this Agreement
for the purposes of receiving, processing,
transferring, and shipping materials from
solid waste segregation programs intended for
reuse or recycling. Materials Recovery
Facilities shall be deemed to be a part of the
resource recovery system for the term of the
Materials Recovery Facility Contract.
3. Article'
6, Tipping Fees and service Charges, shall be
amended
by the addition of new Sections 6.6 and 6.7
Processible
Waste Tipping Fee Surcharge, reading as
follows:
6.6
Materials Recovery Facility Funding. For the
term of the Materials Recovery Facility
Contract, the Resource Recovery Board shall
designate funds to cover the cost of the
Materials Recovery Facility including
reasonable administrative costs. Any future
increase in funding costs (other than
administrative costs) shall not exceed the
proportionate increase provided in the
Materials Recovery Facility Contract. Funds
may be drawn from reserves, grant funds or a
surcharge imposed on processible waste
delivered to the resource recovery system.
6.7 Materials Recovery Revenues. One hundred
percent (1000) of all net revenues generated
by the sale of the recyclable materials will
be reimbursed to each CONTRACT COMMUNITY and
the COUNTY on the basis of actual tonnage
delivered to the Materials Recovery Facility
by the respective party. Net revenues will be
consistent with the terms of the Materials
Recovery Facility Contract and reflect the
relative composition of the materials
delivered. In the event any non --contract
community or other governmental entity enters
into an agreement with COUNTY to use the MRF,
all net revenues from such entit_- will not be
calculated as part of this Agreement unless
the entity executes an Agreement with the
COUNTY which provides terms_ an, conditions
which would allow it to be considered a
CONTRACT COMMUNITY for MRF funding purposes only.
2
FIRST AMENDMENT INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLID
WASTE DISPOSAL SERVICE
IN WITNESS WHEREOF, the parties hereto have made and executed
this Agreement on theits Board of COUNTY COMMISSION, pective dates under FRSgs�gning
BROWARD COUNTY through rough its Chair or Vice authorized to execute samc
by and thdea Chair, . r 19 , and the
by Board action on the and through Its
Contract Community signing by
duly authorized to execute same.
C O U N T Y
ATTEST:
IsCounty Administrator and
Ex officio Clerk of the Board
of County Commissioners of
groward County, Florida
11
BROWARD COUNTY, through its
BOARD OF COUNTY C014MISSIONERS
By Chair
0
day of
19
Approved as to `orn by the
office of County Attorney
Broward County, Florida
JOHN J. COPELAN, jR., County Attorney
Governmental Center, Suite 423
115 South Andre-.'S Avenue
Fort Lauderdale, =lorida 33301
Telephone: (305) 357-7600
Telecopier: (305) 357--7641
Sy ER
NOEL M. PFEF
Deputy Coun� Attorney
FIRST AMENDMENT INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLID
WASTE DISPOSAL SERVICE
C O N T R A C T C O M M U N -IT Y
WITNESS
ATTEST:
CAROL A. EVANS
CITY CLERK
CITY OF TAMAR.AC
APPROVED AT MEETING OF ' - '� --'-?
NMP:dp
11/19/92
f92-143.07
SOLID.ILA
4
CITY OF TAMARAC
Name of Contract Community
i
By ,
ayor Co-,
inissioner
H L. BENDER
day of bta4l 192*5
By
i y Manage
OHN P. KELLY
h day of y 19
Approv7 as /rorn
City Attorney
MIS T � S . KRAFT
11/24/2003 15:40 9545772391 BROW CNTV OIWM ADMIN PAGE 01/08
Public Woft Department
Office o(Intec r-atcd Waste Mgmt
B 01NAR17 COUNTY Suite
North University Drive
Suite 400.13
Plantation, Florida 33324
TO: e
Fnx= _ Qsv-74� - i��C
FAX
TRANSMITTAL
FROM:
- r
FAX: q SS Y-- S -) 7 �. �2
NUMBER OF PAGES (incfudsng cover) --
MESSAGE: �. � Ut x_s�� ti5 v��� LJIS
F/ 0' -3T wq , FT� . J yl'T s
Pamw on n,c� oco
�_ 6R'QWAROCOIfKiY80�%C�OFCOUNii`C�h�i�SiC)PiF�-Arr�olOpportt!rtth�Y�+
11/24/2003 15.40 9545772391 BROW CNTY OIWM ADMIN PAGE 02108
F
I
R
S
T
A M E N
D
M
E
N
T
I
ICI
T
E
R
L .O
C
A L A
G
R
E
E
M
E
N
T
'S
R
0
W
A
R D C
0
U
N
T
Y
F O R
S 0
L
Z
D
W
A
S
T
F�
D I S P
O
S
A
L
S
E
R
V
I
C E
11/24/2003 15:40 9545772391 BROW CNTV ❑IWM ADMIN PAGE 03/08
FIRST AM, - APMENT
This First ,Amendment dated for convenience October 1, 1992, to
the interlocal Agreement with SrcW'ard Counter for Solid Waste
Disposal Services, dated for convenience November 25, 1986, by and
between. SROWARD COUNTY, a political Subdivision of the State of
Florida, by and through its Board of County Commissioners,
("COUNTY") and the Municipalities whose names appear in Exhibit "A"
of the interlocal Agreement ("CONTRACT COM01UNITIES11)_
W I T N E S S E T H
WHEREAS, the COUNTY and CONTRACT COMMUNITIES desire that the
Broward Solid Waste Disposal District and its Resource Recovery
Board provide for a Materials Recovery Facility through the use of
available funds including a surcharge on processible waste
delivered to resource recovery system facilities.
WHEREAS, the Florida Solid 'Haste Management Act (1968) directs
counties to reduce their solid waste stream and recycle designated
materials; and
WHEREAS, the COUNTY has secured from Bro.-.'. Ferris
Industries, of Florida, Inc_, (BFI) a, comprehensive proposal to
construct, operate-, and maintain a Materials Recovery Facility
(mRF) for the COUNTY and CONTRACT COMMUNITIES for a term of eight
(S) years.
NOW, THEREFORE, the parties do agree to amend the interlocal
Agreement as follows
1. Except as may be provided in this First P_�-_endment, all
defined teams used herein shall have the sG-e meaning as
in the Interlocal Agreement.
2. Article 2, Definitions, shall be a'wended by the addition
of new Sections 2.26, Materials Recovery Facility
Contract and 2.27 Materials Recovery Facility, reading as
follows:
2.26. Materials Recovery Facility Contract. The
term "Materials Recovery Facil__y Contract"
shall mean the contracts entered into between
COUNTY and Browning -Ferris Indurtries, Inc.,
dated for convenience September 1, 1992, for
the purpose of designing, vonstructing,
testing, operating, maintaining, _nd repairing
a materials recovery facility cr any other
full service contractor for the. purpose of
designing constructing, testing, operating,
maintaining, and repairing materials
recovery facility as a part of she resource
recovery system_
11/24/2003 16:41 9545772391 BROW CNTY OIWM ADMIN PAGE 02/02
7.. 27 -
Facility
I�2ater].als Recovery ty- The term
mean thth
Facility" shall e
,Materials Recovery
operated,
faca_lities constructed, o P
facility or
maintained amd repaired Or caused to be
constructed., operated, maintained, and
to this Agreement
repaired by COUNTY pursuant
of receiving, processing,
for the purposes
and shipping materials from
transferring,
,waste segregation programs intended for
solid
reuse or recycling- Materials Recovery
be a art of the
facilities shall be deemed for he term of the
resource recovery system
Facility Contract-
Materials Recovery
3_ Article
6, Tipping Fees and Service Charges, shall be
Sections 6.6 and 6.7
amended
by the addition Of new
Waste Tipping Fee surcharge, reading as
processible
follows:
6.G
Materials Recovery Facility Funding. For the
Facility
y
term of the Materials Recovery
Board shall
Contract, the Resource Recovery
the cost of the
designate funds to cover
Facility a-ncludinq
Materials Recovery
administrative Casts • Any future
reasonable
increase in funding costs (other than
shall not exceed the
administrative casts)
increase provided in the
proportionate
Materials Recovery Facility Contract. Funds
may be drawn from reserves •funds or a
Bible waste
surcharge imposed on Prace
delivered to the resource recovexY SYStem-
�_� Materials Recovery Revenues_ one hundred
percent (100a) of all net revenues generated
by the sale of the .recyclable materials will
be reimbursed to each CONTRACT coMMUNITY and
the COUNTY on the basis of actual tonnage
delivered to the Materials Recovery Facility
by the respective party. Net revenues will be
consistent with the terms of the Materials
Recovery Facility Contract and reflect the
relative composition of the materials
delivered. In the event any non -contract
community or other governmental -ntity enters
.into an agreement with COUNTY to use the MR?,
all net revenues from such entit}' will not be
calculated as part of this Agreement unless
the entity executes an Agreene-�t with the
COUNTY which provides terms_ and conditions
which would allow it to be considered a
CONTRACT COMMUNITY for MRF funding -purposes only.
11/24/2003 15:40
9545772391
BROW CNTV OIWM ADMIN
PAGE 04108
FIRST AMENDMENT INTERLOCAL AGREEMENT WITH nROWARD caUNTY FOR SOLID
WASTE DISPOSAL SERVICE
IN WITNESS WHEREOF, the parties heereto have made and executed
this Agreement on the respective dates under each signature-
FROWARD COUNTY through its Board of COUNTY COMMISSIONERS, signing
by and through its Chair or vice Chair, a t orized to execute same
by Board action on the day of , 15 and tho
Contract Community signing by and through its ,
duly authorized to execute same.
C O U N T Y
ATTEST:
ot"g. 0$0*00'*&� r
Boa''"` ��i'-�,{•� f„
�
4 ° �
tAddus
:.� 7,�T- nB u
Er. offitia igle�r494 thq_ Board
of Count/ c hnissione of
*
Brow'ard '& urrZj'?'4 CC4Ti "d •`,A
%, "'iv°°°• �'
D
• ����4IOj �DI:O�,p,�'
3
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By 1,517
Chair
day of 19g3
Approved as to form by the
office of County Attorney
Brow'ard County, Florida
JOHN J. COPELAN, JR., County Attorney
Governmental Center, Suite 423
115 South Andreas Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7500
Telecopier: (305) 357-7641
By
NOEL M PFEF : ER
Deputy County Attorney
11/24/2003 15:40
9545772391
BROW CNTY OIWM ADMIN
PAGE 05/08
FIRST AMENDMENT INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLID
WASTE DISPOSAL SERVICE
C O N T R A C T C O M M U N I T Y
WITNESS
&�e� �)04
ATTEST:
CAROL
CLERKCTTY
CITY OF TAMARAc
APPROVED AT MEETING OF '-/-2-g-9 -7
NMP : dp
11/19192
J'92-143.07
SCLID.TLA
4
CITY OF TAMARAC
Name of Contract Community
By ��
ayor Commissioner
H . , . BENDER
kj 7_`" day of 19L
By
i y Manage
HN P . Is T,Y
'4 h day of 19
as /3coltorrl:
City Attorney
MITCEIEL S . xrZAFT
11/24/2603 15:40 9545772391 BROW CNTV OIWM ADMIN PAGE 06/08
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").
WITNESSI- TH
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 07/00
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
setforth 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 through it Chair
or vice Chair, aut �d to execute the same by Board action of the .may of
,� and by the CONTRACT COMMUNITIES signing by and through
officials) duly authorized to execute the same.
ATTEST:
coward County Admin tr ��r as-^,�-:^':';- f it
Ex-Officio Clerk of the kow4rd Cmard'yf+
Commissioners of Brov�ard 064,nty ,�.. c, ..
'ApprdVed as to form by
ED?NARD A. DION, County Attorney
_ for Broward County, Florida
Governmental Center, Suite 423
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Teleco k,954) 357-6968
By
Noel M. Pfeffer
Deputy County Attorney
11/24/2003 15:40 9545772391 BROW CNTY ❑IWM ADMIN PAGE 08I68
LOCA1- AGREEMENT WITH BROWARI7 UGUNTY FOR SOLID
TO
WASTE
FIFTH A pESPOSEq TSERVICE
WITNESS
ATTEST:
—2a
Approved as to form
CONTRACT CpMMUNlTY
Joe Schreiber, Mayor
Cjt of Tamarac
Name of Contract Community
By
3/ day of au. u_S � , 1999