HomeMy WebLinkAboutCity of Tamarac Resolution R-87-099Introduced by: .)q Temp. Reso. #4552
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-87-_fy
A RESOLUTION APPROVING AND AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
INTERLOCAL AGREEMENT WITH HROWARD COUNTY FOR
SOLID WASTE DISPOSAL SERVICE, PERTAINING TO
RESOURCE RECOVERY; AND PROVIDING AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the City Council of the City of Tamarac
hereby approves an Interlocal Agreement between the City of
Tamarac and Broward County, pertaining to resource recovery,
attached hereto and made a part hereof as Exhibit "A";
SECTION 2: That the appropriate City Officials are
hereby authorized to execute said Interlocal Agreement.
SECTION 3: This Resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED this4Z_1'2�day.of , 1986.
ATTESTt
CAROL E. BARBUTO
CITY CLERIC
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
GATE
A*,
T ORNEY
I MAYOR +• .
MAYOR: HART
DIST. 1: C/M ROHR
DIST. 2: C/M STELZER
DIST. 3: C/M HOFFMAN
4: V/M STEIN
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ARTICLE
PACE
1
BACKGROUND ..................................
1
a
DEFINITION$ .................................
7
3
CONSTRUCTION OF FACILITIES / COMMITMENT
OF WASTE STREAM ...........................
15
4
OBLIGATIONS RELATING TO OPERATIONS ..........
17
5
RESOURCE RECOVERY HOARD / SPECIAL DISTRICT ..
as
$
TIPPING FEES AND SERVICE CHARGES ............
31
7
COLLECTION OF TIPPING FEES ..................
37
$
ANNUAL AUDIT .................................
30
11
ADDITION$ AND IMPROVEMENTS TO THE RESOURCE
RECOVERY SYSTEM ...........................
40
10
OBLIGATIONS UNDER THIS AGREEMENT ARE NOT
INDEBTEDNESS OF ANY CONTRACT COMMUNITY .--.
4E
11
RELATIONSHIP OF THE PARTIES .................
43
is
MISCELLANEOUS ...............................
44
13
INDEMNIFICATION .............................
52
14
CONTRACTS WITH HAULERS ......................
$a
15
CESSATION ...................................
53
i$
DURATION ....................................
54
EXHIBIT
A Names of the Contract Cosimunities .......
57
EXHIBIT
b Names to Whom Notices Are to be Directed
5$
EXHIBIT
C Ordinance !Establishing Solid Waste Flow
Control ...............................
5$
EXHIBIT
D Ordinance Creating the froward Solid
Waste Disposal District ...............
to
EXHIBIT
E Ordinance Approving the Ordinance
Creating the broward Solid Waste
Disposal District .....................
$I
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A G R E E M E N T
This Agreement dated for convenience November 25, 1988, by
and between; BROMARD COUNTY, a political subdivision of the
State of Florids, its successors and assigns, by and through its
Board of County Commissioners, hereinafter referred to as
"COUNTY"t
AND
The Municipalities whose names appear in Exhibit "A",
attached hereto and made a part thereof, their successors and
assigns, hereinafter referred to as "CONTRACT COMMUNITIES."
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ARTICLE I
BACKGROUND
1.1 General statement.
In order to establish the background, context and frame of
reference for this Agreement and to provide a general
background regarding the objectives and Intentions of the
COUNTY and the CONTRACT COMMUNITIZZ, the following
statements, representations and explanations are predicates
for the undertakings and oommitments included within the
provisions which follow and shall be construed as essential 0
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elements of the mutual considerations upon which this
Agreement Is based.
1.2 Historical Background And Findings
Because of Broward County's contour. elevation and high
ground water level, disposal of solid waste through
landfills has been discouraged. The United States Congress
and Legislature of the State of Florida (the "State") have
discouraged the dumping or burying of solid waste matter and
the use of sanitary landfills as the sole method of disposal
of solid waste. The COUNTY and the CONTRACT COMMUNITIES,
therefore. wake the following findings:
0 fa) Because of environmental concerns with utilisation of
0
landfilling as the sole method of disposal of solid
waste generated by the residents and businesses of and
visitors to Broward County. Florida, the CONTRACT
COMMUNITIES and COUNTY have sought a Joint solution to
such concerns.
(b) The CONTRACT COMMUNITIES and COUNTY have found and
determined that the policy of the United States
Congress regarding the elimination of solid waste as
provided in 48 U.S.C. Section 4901 is toward recovery
of resources from such waste.
me
(c) The United States Congress has found with respect to
energy that:
1. Solid waste represents a potential source of solid
fuel, oil, or gas that can be converted into
energy,
Z. The need exists to develop alternative energy
sources for public and private consumption in order
to reduce the nation's dependence on such sources
ss.petroleum products, natural gas, nuclear and
hydra -electric generations and
S. Technology exists to produce energy from solid
waste. 0
(d) Chapter 403, Part 1V, Florida Statutes, sets forth the
State of Florid■ Resource Recovery and Management Act.
The Act's purpose is to require plans and regulations
for the storage, collection, transportation,
separation, processing, recycling and disposal of solid
waste to protect the public's health, safety and
welfare. Likewlse, suoh Act has deemed It a public
purpose to establish and maintain a state program for
the planning and technical assistance of resource
recovery and management through, among other things,
the promotion of recycling, reuse or treatment of solid
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waste, including recycling of solid waste to produce
electric power.
(e) Additionally, Section 403.713, Florida Statutes,
provides that the municipalities undertaking resource
recovery of solid waste pursuant to general law or
special law may control the collection and disposal of
solid waste for the purpose of Insuring that resource
recovery facilities receive an adequate quantity of
waste from solid waste generated within the boundaries
of the local governmental jurisdiction.
(f) The amendments to'the State Comprehensive Plan adopted
by the State In feS9 (Chapter 187. F.S.) establishes a
number of policies regarding energy production and the
reduction of solid waste landfilling Including=
1. Energy Policy No. S - Reduce the need for new power
plants by encouraging end -use effictency. reducing
peak demand and using cost-effective alternatives.
!. Energy Policy No. e - Promote the use and
development of renewable energy resources.
S. Waste Policy No. l - By lees, reduce the volume of
non-hasardous solid waste disposal in landfills to
ss percent of the less volume.
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4. Waste Policy No. 7 - Encourage the research. 9
development and implementation of recycling
resource recovery. energy recovery and other
methods of using garbage, trash, sewage, slime.
sludge, hazardous waste. and other waste.
1.3 The COUNTY and representatives of CONTRACT COMMUNITIES have
jointly developed a comprehensive solid waste disposal and
resource recovery program including cooperation in
preparation of Request For Proposal documents and subsequent
selection of the full service contractors for the northern
and southern facilities through the selection and
negotiation process.
1.3 It is recognized by CONTRACT COMMUNITIES and COUNTY that the
proposed resource recovery system to be constructed,
operated, maintained and repaired by the COUNTY or full
service contractors retained by the COUNTY will be done in
reliance upon the existence of the committed flow of solid
waste of the CONTRACT COMMUNITIES and unincorporated County
and the revenue generating capabilities of the special
district provided for herein.
1.5 It is further recognised by CONTRACT COMMUNITIES and COUNTY
that the COUNTY is entering into this Agreement both
representing unincorporated County, a waste generation area
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with solid waste requiring disposal, and COUNTY, as the
party assuming the obligation under this Agreement for the
disposal of solid waste for the CONTRACT COMMUNITIES as well
as for the unincorporated County.
1.6 lnterlocal Agreement
Ca) This Agreement is an interlocal agreement entered into
pursuant to Section 168.01, Florida Statutes, the
Florida lnterlocal Cooperation Act of 10e9, as amended-
(b) Prior to the effectiveness of any provision of this
Agreement and subsequent amendments hereto, this
Agreement and any such subsequent amendments shall be
• filed with the llroward County Clerk of the Circuit
Court a■ provided by Section 103.01(11), Florida
8t0tutes.
1.7 Construction of Interlocal Agreement
The word "shall" as used in this Agreement shall in all
cases be construed to be mandatory and to require the action
so modified by the word "shall" to be taken without regard
to the exercise of discretion-
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ARTICLE I
DEFINITIONS
The following contains the definitions of the terms as
applied to this Agreement.
2.1 Administrator. The term "Administrator" or "County
Administrator" shall mean the County Administrator of the
Broward County government as provided by the Charter of
Broward County, Florida.
2.2 Board of County Commissioners. The term "Board of County
Commissioners" or "County Commissioners" shall mean the
Board of County Commissioners of Broward County,_Florlds.
2.3 Citizen Waste Receiving Facilities. The term "citizen waste
receiving facilities" shall mean facilities for accepting
solid waste from other than haulers. The term is to apply
to facilities provided for collection of household trash
from house cleaning and the like. Citizen waste receiving
facilities shall not be deemed to be a part of the resource
recovery system.
2.4 Construction Contract. The term "construction contract"
shall mean the contracts entered into by the COUKTT and SES
Broward Company, Limited Partnership pursuant to Resolution
Me. 66-3007 dated August 19, 1986, and Broward Waste Energy
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Company, Limited Partnership pursuant to Resolution No. 86-
3730 dated September 30, 1986, and any successors thereto to
design, construct, test, maintain, repair and have accepted
the southern facility and northern facility, respectively,
or any other full service contractor. to design, construct,
test, maintain, repair and have accepted a part of the
resource recovery system.
2.5 CONTRACT COMMUNITY. The term "CONTRACT COMMNITY" or
"CONTRACT COMMUNITIES" shall mean the municipal corporation
or corporations existing under the laws of the State of
Florida, located within the COUNTY that enter into this
Agreement with the COUNTY and whose names appear in
Exhibit A to this Agreement.
2.6 COUNTY. The term "COUNTY" shall mean Hroward County,
Florida. a political subdivision of the State of Florida.
2.7 Disposal Facility(ies). The term "disposal facilitytiesl"
means that portion of the resource recovery system where
solid waste will be disposed of within the resource recovery
system.
2.8 Disposal Obligation. The term "disposal obligation" shall
mean the obligation of the COUNTY to provide for the
disposal of all solid waste generated in each CONTRACT
COMMUNITY and in the unincorporated County and delivered to
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a resource recovery system disposal facility or transfer
station designated pursuant to the plan of operations.
2.9 Facility Operator. The term "facility operator" shall mean
full service contractors or other operators of a part of the
resource recovery system including the COUNTY.
2.10 Fiscal Year. The term "fiscal year" shall mean October 1 to
September 30.
2.11 Full Service Contractor(s). The term "full service
contractor(s)" shall mean a person, firm or corporation that
has entered or will enter into an agreement or agreementss
with the COUNTY to design, construct, test, maintain. repair
and operate resource recovery system disposal facilities or .
transfer stations within the resource recovery system and
shall mean as to the southern facility SES Broward Company,
Limited Partnership and as to the northern facility Broward
Waste Energy Company, Limited partnership and any respective
successors thereto.
2.12 Haulers. The term "haulers" shall mean those persons, firms
or corporations or governmental agencies responsible (under
either oral or written contract, or otherwise) for the
collection of solid waste within the geographic boundaries
of the CONTRACT COMMUN1TY(lES) or the unincorporated County
and the transportation and delivery of such solid waste to is
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the resource recovery system as directed in the plan of
operations.
2.13 Northern Facility. The term "northern facility" shall mean
that part of the resource recovery system, including any
landfill, serving the CONTRACT COM1dUNITIES and the
unincorporated County located in the northern part of the
COUNTY, as directed in the plan of operations.
2.14 Plan of Operations. The term "plan of operations" shall
mean the plan for the operation of the resource recovery
system adopted, amended or revised by the Resource Recovery
Hoard in the manner set forth in Section 4.7 hereof.
0 2.15 Processable Waste. The term "processable waste" shall mean
that portion of the solid waste stream which is capable of
being processed in a mass burn resource recovery facility.
including, but not be limited to, all forms of household and
other garbage, trash, rubbish, refuse, combustible
agricultural, commercial and light industrial waste,
commercial waste, leaves and brush, paper and cardboard.
plastics, wood and lumber, rags. carpeting, occasional
tires, wood furniture, mattresses, stumps, wood pallets,
timber, tree limbs, ties, and logs, not separated and
recycled at the source of generation, but excluding
unacceptable waste and unprocessable waste, except, to the
0 extent consistent with the regulatory and permit
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requirements
applicable
to the processing of
waste
by a
mass
burn resource
recovery
facility. such minor
amounts
of
such
waste (other than hazardous waste) as may be contained in
the normal processable waste stream.
2.16 Resource Recovery Hoard. The term "Resource Recovery Hoard"
shall mean the governing Hoard of the special district to be
established by the Hoard of County Commissioners pursuant to
Section 125.01(5)(a), Florida Statutes, and this Agreement
which performs such responsibilities as set forth in this
Agreement.
2.17 Resource Recovery System. The term "resource recovery
system" shall mean the facilities which are constructeds
operated, maintained and repaired or caused to be ' 0
constructed, operated, maintained and repaired pursuant to
this Agreement for the purpose of transfer or disposal of
solid waste of the CONTRACT COMMUNITIES and -the
unincorporated County and the recovery and sale of materials
and energy, therefrom, including all landfills, contingency
landfills, transfer stations. treatment facilities and
electrical generation facilities all attendant to the
resource recovery system. Excluded from this definition is
the COUNTY landfill located in the Town of Davie which is in
existence as of the date of the execution of this Agreement.
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2.18 Service Agreement(s). The term "service agreement" shall
mean the agreements entered into between the COUNTY and SES
Broward Company, Limited Partnership pursuant to Resolution
No. 86-3007 dated August 19. 1986, and Broward Waste Energy
Company, Limited Partnership pursuant to Resolution No. 86-
3750 dated September 30, 1986, respectively for the purpose
of operating. maintaining and repairing the southern
facility and northern facility@ respectively, or any other
full service contractor for the purpose of operating.
maintaining, and repairing a part of the resource recovery
system.
2.19 Solid waste. The term "solid waste" shall mean processable
waste and unprocessable waste, but excludes unacceptable
0 waste.
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2.20 Southern Facility. The term "southern facility" shall mean
that part of the resource recovery system, including any
landfill, serving the CONTRACT COMMUNITIES and the
unincorporated County located in the southern part of the
COUNTY, as directed in the plan of operations.
2.21 Tipping Fee. The term "tipping fee" shall mean the fees
imposed pursuant to Article a and collected pursuant to
Article 7 of this Agreement from haulers delivering solid
waste to the resource recovery system.
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2.22 Ton. The term "ton" is used to express a unit of weight
equal to two thousand (2,000) pounds or .907 metric tons. 0
2.23 Transfer Stations. The term "transfer stations" means the
sites and receiving facilities constructed, operated,
maintained and repaired by the COUNTY or a full service
contractor retained by the COUNTY for the acceptance of
solid waste for transfer to resource recovery system
disposal facilities because a part of the resource recovery
system is not operational. Other transfer facilities
including citizen waste receiving facilities and those used
by haulers for reasons other than previously described shall
not be considered a part of the resource recovery system.
2.24 Unacceptable Waste. The term "Unacceptable waste" shall
mean motor vehicles, trailers, comparable bulky items of
machinery or equipment, highly inflammable substances,
hazardous waste@ sludges, pathological and biological
wastes. liquid wastes, sewage, manure, explosives and
ordinance materials. and radioactive materials.
Unacceptable waste shall also include any other material not
permitted by law or regulation to be disposed of at a
landfill unless such landfill is specifically designed,
constructed and licensed or permitted to receive such
material. None of such material shall constitute either
processable waste or unprocessable waste. Haulers shall not
knowingly deliver such unacceptable waste to and the COUNTY
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ior full service contractors shall have the right to exclude
such unacceptable waste from the resource recovery system.
2.25 Unincorporated County. The term "unincorporated County
shall mean that part of COUNTY which is not within the
boundaries of any municipal corporation. Unincorporated
County sha11 be treated in all respects under the terms and
conditions of this Agreement as a CONTRACT COYN[UN1TY.
2.25 Unprocessable Waste. The term "unprocessable waste" shall
mean that portion of the solid waste stream that is
predominantly noncombustible and therefore, should not be
processed in a mass burn resource recovery system.
. Unprocessable waste shall include, but not be limited to,
metal furniture and appliances, concrete rubble, mixed
roofing materials, noncombustible building debris, rock,
gravel and other earthen materials, equipment, wire and
cable, and any item of solid waste exceeding six feet in any
one of its dimensions or being in whole or in part of a
solid mass, the solid mass portion of which has dimensions
such that a sphere with a diameter of eight inches could be
contained within such solid mass portion, and processable
waste (to the extent that it is contained in the normal
unprocessable waste stream). This term excludes
unacceptable waste. Haulers shall not knowingly deliver
unacceptable waste to and the COUNTY or full service
contractors shall have the right to exclude unacceptable
waste from the resource recovery facilities.
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ARTICLE 3
CONSTRUCTION OF FACILITIES/
COMMITMENT OF WASTE STREAM
3.1 The COUNTY shall cause to be constructed, operated.
maintained and repaired a resource recovery system located
within Broward County for the purpose of disposal of all
solid waste collected in each CONTRACT COMMUNITY and
unincorporated County and delivered to the resource recovery
system.
3.2 During the duration of this Agreement as defined in Article
16 hereof, the CONTRACT COMMUNITIES and the COUNTY for the
unincorporated area shall cause all of the solid waste
generated within each of their respective boundaries to be
collected, transported, delivered and deposited at the
designated receiving facilities of the COUNTY resource
recovery system pursuant to the plan of operations as set
forth in Section 4.7.
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 is
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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 contracts 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
:arty
nd to enforce such provision. The COUNTY shall be a third
beneficiary of such provision.
3.4 A resource recovery system disposal facility may burn
processable waste to produce electrical energy to be sold to
purchasers of electrical energy. Such facility may also
provide for the separation and sale of ferrous and
nonferrous metals and other materials which may be separated
either prior to or subsequent to the burning of the
processable waste necessary to produce electrical energy.
Upon delivery to the resource recovery system, neither the
unincorporated County nor any CONTRACTING COliMNITY shall
have any interest in electrical energy, ferrous and
nonferrous metals and other materials contained in solid
waste delivered.
3.5 The COUNTY hereby assumes responsibility for the disposal of
0 all solid waste delivered to the resource recovery system by
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each or on behalf of each CONTRACT COMMUNITY and
unincorporated County during the duration of this Agreement
consistent with its rights and obligations under the service
agreements.
3.6 Transfer stations and contingency landfills may be required
because one or more of the resource recovery facilities are
not operational. In that instance, the costs of
construction, operation, maintenance and repair of the
transfer stations and contingency landfills shall be part of
the overall cost of the resource recovery system.
ARTICLE 4
OBLIGATIONS RELATING TO OPERATIONS
4.1 Delivery and Acceptance of Waste. Each CONTRACT COMMUNITY
and COUNTY for the unincorporated area agrees that all of
the solid waste collected within its respective territorial
boundaries shall be delivered to a resource recovery system
disposal facility, landfill, contingency landfill or
transfer station designated pursuant to the plan of
operations. It is the understanding of each of the parties
to this Agreement that the transportation of solid waste
should be minimised to the greatest extent possible
consistent with obligations of the COUNTY to make deliveries
under the service agreements. In determining to which 0
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resource recovery system facility solid waste shall be
delivered, the Resource Recovery Board shall make every
reasonable effort consistent with the maintenance of the
COUNTY's rights and obligations under the service agreements
to minimize the cost of transportation for CONTRACT
COMMUNITIES and unincorporated County or their haulers and
in this regard reasonable standards shall be adopted for the
location of the delivery of the solid waste for each
CONTRACT COMMUNITY and unincorporated County pursuant to
Section 4.7.
4.2 The COUNTY shall be responsible for the construction,
operation, maintenance and repair of transfer stations or
contingency landfills pursuant to paragraph 3.6 or other
receiving facilities utilized for the purpose of receiving
solid waste which are a part of the resource recovery
system.
4.3 In order to provide for the testing and startup of any
resource recovery system transfer or disposal facility. upon
not less than thirty (30) days notice by the COUNTY, each of
the CONTRACT COMMUNITIES and unincorporated County shall.
deliver or cause to be delivered processable waste to such
facility in amounts and at the times and in the manner
designated in said notice. The notice from the COUNTY shall
also state the estimated amount of processable waste to be
delivered by each CONTRACT COMMUNITY and unincorporated
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County and the estimated length of time for which such
deliveries are required. In order to facilitate CONTRACT
COMMUNITY planning, the COUNTY will share information with
the CONTRACT COMMUNITIES as to the progress of construction
of all resource recovery transfer and disposal facilities.
4.4 Commencement of Operations. The COUNTY's current estimate
of the approximate commercial operations date of the initial
resource recovery facilities and landfills associated
therewith is December 30, 1909. The COUNTY shall notify the
CONTRACT COMMUNITIES of any change in the estimate of the
date upon which commercial operations are to commence. The
COUNTY shall give the CONTRACT COMMUNITIES and
unincorporated County at least thirty (30) days prior notice
of the date expected to be the actual commercial operations
date of all resource recovery system transfer and disposal
facilities.
4.5 Receiving Hours. Subject to service agreements, the COUNTY
shall cause the resource recovery system to be open to
receive processable waste from 6:00 a.m. to 6:00 p.m. every
day of the year except December Es and landfills to be open
to receive unprocessable waste at least 40 hours, five [S]
days per week or as provided in the service agreements and
plan of operations.
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- 4.6 Emergency Operations/Additional Hours of Operation.
(a) Emergency Operations. In the event that. due to a
natural disaster or other emergency condition, a
CONTRACT COIrMNITY or unincorporated County requests
the COUNTY to accept the delivery of solid waste other
than during normal receiving hours, the COUNTY will
accept such deliveries to the extent consistent with
the terms of the service agreements and may charge an
additional fee for such emergency service as determined
by the Resource Recovery Board.
(b) Additional Hours of Operation. The COUNTY may upon
request of a CONTRACT COMMUNITY or unincorporated
County agree, to the extent permitted by law and
consistent with the service agreements, to receive
solid waste at hours other than the normal receiving
hours. The requesting CONTRACT COMMUNITY or
unincorporated County shall give reasonable notice and
shall make its request in writing to COUNTY at least
two (8) days prior to the beginning of such delivery.
If the COUNTY provides the requested service, then
additional fees for operating outside the normal
receiving hours will be payable by the CONTRACT
COMMUNITY or unincorporated County in an amount
determined by the Resource Recovery Board.
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4.7 Plan of Operations. The COUNTY and the CONTRACT COMMUNITIES
agree that at least six (6) months prior to the date that
the first resource recovery facility, landfill or
contingency landfill or transfer station, developed to meet
the COUNTY'S obligations under this Agreement becomes fully
operational, a plan of operations will be promulgated by the
Resource Recovery Hoard consistent with the terms of the
service agreement applicable to such facility and
disseminated to each of the parties to this Agreement. The
plan of operations shall be amended or revised by the
Resource Recovery Hoard at least six (6) months prior to the
date additional resource recovery system transfer or
disposal facilities become fully operational and otherwise
from time to time as deemed appropriate. The plan of
operations shall. among other things, deal with such matters
relating to the operation, management and administration of
the resource recovery facilities, landfills, contingency
landfills and transfer stations; hours of operations;
schedules of all participants; schedule and routing of
deliveries= provisions for issuance of authorisation to and
regulation of delivery vehicles: measurements of quantity,
quality and other waste characteristics; billing; rules and
regulations relating to the use of the resource recovery
system; inspection of resource recovery system facilities;
and such other items as may be deemed appropriate from time
to time by the Resource Recovery Board.
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. 4.8 Access to Resource Recovery Facilities_ The COUNTY agrees
to permit, in accordance with the terms of the service
agreements and plan of operations, authorised
representatives of each CONTRACT COMMUNITY and
unincorporated County to enter all facilities of the
resource recovery system during usual business hours for
inspection purposes.
4.9 Weighing Records. The COUNTY shall cause operators of all
resource recovery system facilities subject to the terms of
the service agreements to operate and maintain motor truck
scales calibrated to the accuracy required by Florida law
and to weigh all .vehicles delivering processable waste.
Is Each vehicle delivering solid waste from a CONTRACT
COMMUNITY or the unincorporated County shall have its tare
weight and cubic capacity and other information required by
the plan of operations to be permanently and conspicuously
displayed on the exterior of the vehicle in a size and
location designated in the plan of operations. The COUNTY
or full service contractors may, from time to time, require
the revalidation of the tare weight of any vehicle or the
reweighing of unloaded vehicles. Each loaded vehicle wi-th
processable waste shall be weighed and weight record
produced indicating gross weight, tare weight, date, time,
vehicle identification and such other detail as may be
requested of the full service contractors under or pursuant
to their respective service agreements. The COUNTY will
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cause facility operators to maintain daily records of the
total tonnage of solid waste delivered to its facility_
Within fifteen (15),days after the end of each month, the
COUNTY shall furnish or cause to be furnished to each
CONTRACT COhtKUNITY and unincorporated County such weighing
records as may be reasonably required by each CONTRACT
COMMUNITY and unincorporated County to administer its
contracts with haulers of solid waste. Copies of all weight
tickets will be maintained or caused to be maintained by the
COUNTY for a period of at least two (2) years.
4.10 Weighing Scales Not Operational - Estimates. If weighing
facilities are inoperable or are being tested, the facility
operator shall estimate the quantity of processable waste
delivered on the basis of truck volumes and estimated data
obtained through historical information pertinent to the
CONTRACT COMMUNITY or unincorporated County. The estimates
shall take the place of actual weighing records, when the
scales are not operational. If. upon conclusion of testing,
the test indicates that a scale was inaccurate, any
adjustments of records actually recorded since the previous
test will be made by the COUNTY pursuant to provisions of
the service agreements and plan of operations.
4.11 Title To and Interest in Products. The CONTRACT COMMUNITIES
and unincorporated County shall relinquish any and all title
and interest in solid waste collected within their
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0 respective boundaries upon delivery of the solid waste to
the resource recovery system.
4.12 Manner of Delivery. Each CONTRACT COMMUNITY and
unincorporated County shall provide the COUNTY with the
following information about each hauler delivering solid
waste on its behalf to the resource recovery system: name
and address. make, body type and motor vehicle registration
number of each vehicle used: area of collection: and status
as municipal vehicle operator or contract hauler.
4.13 Solid Waste Segregation Programs. The CONTRACT COMMUNITIES
.and unincorporated County and COUNTY agree that no
provisions of this Agreement are intended to either
discourage or prohibit either voluntary or locally ordained
solid waste segregation programs segregating scrap or new or
used materials at the point of generation and held for
purposes of reuse or recycling.
4.14 Other Contracts for Waste Delivery. The COUNTY agrees to
the extent consistent with the service agreements that
neither it nor any operator of resource recovery disposal
facilities, landfills, contingency landfills or transfer
stations may enter into any agreements for the disposition
of solid waste with other persons, firms or corporations
that materially impair the ability of the COUNTY to perform
its obligations to the CONTRACT COMrtUNITIES and
unincorporated County under this Agreement.
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4.15 Except for emergency operations in accordance with section 0
4.6 of this Agreement, the COUNTY agrees, subject to the
terms of the service agreements, that neither it nor any
full service contractor will enter into any agreement for
the disposal or transfer of solid waste with any municipal
corporations of the State of Florida located in the COUNTY
that contain terms more favorable to such party than the
price and terms that are provided for under this Agreement.
without the approval of the Resource Recovery Board.
4.16 Spot and Short Term Disposal. The CONTRACT COMMUNITIES and
unincorporated County hereby agree that the COUNTY, 'o.r any
full service contractor providing solid waste disposal or
transfer services on behalf of the COUNTY, is authorised to
accept solid waste on a spot or short-term basis of less
than one year, from private haulers, in order to fully
utilise the capacity of any resource recovery facility. so
long as the capacity to receive solid waste delivered on
behalf of any CONTRACT COMMUNITY and unincorporated County
is not impaired.
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ARTICLE S
RESOURCE RECOVERY BOARD/SPECIAL DISTRICT
8.1 Creation of Resource Recovery Board and Special District.
The CONTRACT COIYBr1UNITIES and COUNTY agree that there shall
be created a special district to be known as the "Broward
Solid waste Disposal District" pursuant to Section
125.01(9), Florida Statutes, and this Agreement. The
Resource Recovery Board shall serve as the governing board
of the special district for the purpose of establishing
tipping fees and service charges; advising the COUNTY
concerning construction contracts and service agreements;
adoption of the plan of operations: and providing oversight
of the operations of the resource recovery system for the
CONTRACT COMMUNITIES and unincorporated County. Such
special district shall be established by COUNTY ordinance,
•r
in substantially the form of Exhibit D attached hereto and
made a part hereof, and be approved by ordinance of each
CONTRACT COMMUNITY in substantially the form of Exhibit E.
attached hereto and made a part hereof, prior to March 31,
1687.
5.2 Composition. The Resource Recovery Board shall be comprised
of nine C9) members. Four C4) of the elected County
Commissioners shall be appointed by the County Commission to
serve as members for a term of two (2) years. Four (4)
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members shall be appointed by the CONTRACT COMMUNITIES as
follows:
(a) One (1) member each shall be selected by the two
CONTRACT COMMUNITIES with the largest populations.
Such members shall each serve a term of two (2) years.
(b) One (1) member shall be selected by the CONTRACT
COMMUNITY nearest to the median in size based upon
population. Such member shall serve for two (2) years.
(c) One (1) member shall be appointed by the President of
the Broward County League of Cities or its successor
organisation from its member cities that are CONTRACT
COMMUNITIES, but not otherwise having an elected member
serving on the Resource Recovery Board. Such member
shall serve a term of two (2) years.
The remaining member shall serve a term of one (1) year and
shall be an elected County Commissioner appointed by the
County Commission in terms commencing with even numbered
years. During terms commencing with odd numbered years, the
remaining member shall be an elected official appointed by
the President of the Broward County League of Cities or its
successor organization for the CONTRACT COMMUNITIES from a
CONTRACT COMMUNITY not otherwise having a member on the
Resource Recovery Board in the same manner as provided in
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subsection (c) above. All members appointed by the CONTRACT
COMMUNITIES and COUNTY as provided herein shall be elected
officials of their respective CONTRACT COMMUNITY or County
Commission as the case may be. Should a member cease to be
a duly qualified elected official► the appointing authority
which appointed such individual to the Resource Recovery
Board shall select a successor to serve for the remaining
term of the original appointment. For the purpose of this
section, population figures contained in the latest estimate
of population published by the University of Florida Bureau
of Economic and Business Research shall be used.
5.3 The Resource Recovery Board shall elect one (1) of its
members as chairman and one (1) as vice-chairman to serve
for one (1) year in that capacity or until their successors
are elected. The chairmanship of the Resource Recovery
Board shall alternate annually. with a CONTRACT COMMUNITY
representative presiding in even numbered yeers and a County
Commissioner presiding in odd numbered years. A simple
majority of the members of the Resource Recovery Board shall
constitute a quorum to conduct any of its responsibilities.
8.4 The Resource Recovery Board shall meet for the first time
during the month of April. 1987. upon the call of the
Chairman of the County Commission and thereafter
periodically not less than once each quarter, to review all
aspects of the resource recovery system, including, but not
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0
limited to, tipping fees, other tees and service charges;
revisions or amendments to the plan of operation; the •
formation, implementation and revision of policies and
programs, location, relocation. establishment and
reestablishment of resource recovery system facilities to be
utilised by the CONTRACT COMMUNITIES and unincorporated
County; repairs. maintenance and expansion of facilities;
approval and submission of grant applications; and any other
management or operational policies or directives which may
be needed from time to time.
5.5 The Resource Recovery Board shall adopt in accordance with
the requirements of. Article 6 and Article 9 a schedule of
tipping fees and service charges for users of the facilities
and services furnished by the resource recovery system.
5.0 The COUNTY shall provide adequate staff support, including
the necessary administrative, clerical. technical and other
required staff support for the implementation and
administration of the resource recovery system during the
term of this Agreement. Such employees and consultants
shall diligently serve the interests of the Resource
Recovery Board and shall not advocate the separate interests
of any CONTRACT COMMUNITY, unincorporated County or COUNTY.
The COUNTY shall consent to the request of the Resource
Recovery Board to hire special consultants in the event the
COUNTY does not have available the necessary resources and 0
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expertise in
a particular area, which consent
shall
not be
unreasonably
withheld. The Resource Recovery
Hoard
may
request the COUNTY to hire special consultants to
impartially advise the Resource Recovery Hoard on issues
presented by the Resource Recovery Hoard. The expenditures
for the hiring of such special consultants as well as other
expenditures referred to in this Section 5.6 shall be deemed
a public purpose and be included in the fees and service
charges set forth in Article 5.
5.7 Technical Advisory Committee. There is hereby created a
Technical Advisory Committee composed of representatives of
each CONTRACT COMMUNITY and unincorporated County as
. follows:
0
(a) The chief administrative officer of each CONTRACT
COMMUNITY and COUNTY shall appoint a representative who
shall serve until replaced from the public works,
utilities or such other department which performs
similar functions for the CONTRACT COMMUNITY and
unincorporated County. The Resource Recovery Hoard may
appoint for two (S) year terms up to five I5)
additional members representing waste generators,
recycling or environmental interests and private waste
collection companies.
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(b) Each member of the Technical Advisory Committee shall
be appointed on the basis of his or her technical or
professional background which may include engineering,
solid waste management or other related activities-
(c) Each member is responsible for participating in the
activities of the Technical Advisory Committee,
including the attendance at meetings for the purpose of
considering technical issues regarding the resource
recovery system.
(d) The Technical Advisory Committee shall serve in an
advisory capacity to both the Resource Recovery Board
and COUNTY. 0
ARTICLE 6
TIPPING FEES AND SERVICE CHARGES
6.1 The Resource Recovery Board shall adopt and revise tipping
fees and shall impose and revise service charges which in
each case shall conform with the formulas and other
requirements of this Article 6 and Article 6 of this
Agreement and in the latter case further shall conform with
the terms and provisions of the ordinance attached hereto as
Exhibit D.
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0 6.2 The CONTRACT COluMUNITIES and COUNTY hereby agree as follows
1�
•
with respect to the tipping fee for processable waste:
(a) The tipping fee for processable waste to be paid by
each hauler to COUNTY shall be FORTY FIVE DOLLARS AND
NO CENTS (945.00) per ton adjusted from October It
1988, in accordance with provisions of Subsections (b)
and (c) of this Section and Article 9 hereof. The
elements going into the calculation of the tipping fee
are generally the COUNTY's costs of meeting its
obligations hereunder. Exhibit F to this Agreement
contains a summary of the elements of the COUNTY's
costs of meeting its obligations.
(b) The tipping fee for processable waste specified in
Subsection (a) of this Section shall be
increased on a one time basis by the Resource Recovery
Board if prior to the beginning of operation of the
initial northern and southern facilities of the
resource recovery system including landfills and
contingency landfills (i) a change in law or event of
force majeure as defined in the construction contracts
or service agreements. (ii) change in the rate paid
full service contractors by purchasers of electrical
energy or (iii) a change in the COUNTY's payment
obligation under the construction contracts and service
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agreements occurs which increases the COUNTY's costs of
meeting its disposal obligation pursuant to provisions
of construction contracts or service agreements. The
tipping fee increase shall fully compensate the COUNTY
for its increased costs.
Cc) The tipping fee for processable waste each fiscal year
commencing with the fiscal year beginning October It
1988, and each succeeding fiscal year thereafter shall
be adjusted automatically yearly by adding to or
subtracting from the then current fiscal year's tipping
fee the amount obtained by multiplying such current
tipping fee by the average change, expressed as a
percentage. of the following two indices as determined
as follows:
1. From the latest Producer (Wholesale) Price Index
for Durable Goods for the region including Broward
County, as determined and recorded by the United
States Department of Labor, Bureau of Labor
Statistics, as available 150 days prior to the
expiration of the fiscal year in which the
calculation is being wade for the next fiscal year.
subtract the amount of such index for the some date
in the next preceding fiscal year. The difference
shall be expressed as a percentage.
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2. The change, expressed
as a percentage,
for said
period in the Consumer
Price Index all
urban
consumers (CPI-U) for the region including Broward
County. as determined and recorded by said Bureau
of tabor Statistics, shall be similarly calculated.
The percentage change of each of the foregoing indices
so determined shall be added together. The sum of
those numbers shall then be divided by two to determine
the average change, expressed as a percentage, of the
two indices.
In the event that either or both of said indices shall
no longer be available during the term of this
Agreement, the Resource Recovery Board shall select a
replacement index or indices as required provided that
any such replacement shall. in the best judgement of
the Resource Recovery Board be as nearly the same as
the replaced index or indices.
(d) Except as provided in Article 9 of this Agreement, the
tipping fee for processable waste provided for in this
Section 6.2 shall be calculated and established by the
f
Resource Recovery Board at least 120 days preceding the
beginning of each fiscal year and shall be effective
for the next ensuing fiscal year.
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6.3 The CONTRACT COMMUNITIES and unincorporated County hereby
agree. the tipping fee established from time to time by the
COUNTY or full service contractor and paid by haulers for
disposal of unprocessable waste will be based upon the vol-
ume and content of the unprocessable waste. At no time
shall CONTRACT COMMUNITIES and unincorporated County be
charged a tipping fee for similar unprocessable waste which
is higher than the most favorable rate then currently being
charged by the COUNTY or full service contractor at the
disposal facility being used.
6.4 The CONTRACT COMMUNITIES and COUNTY hereby consent to the
imposition and collection of a service charge pursuant to
Section 125.01(6), Florida Statutes, for the purpose of
making up any "disposal obligation revenue shortfall"
projected or incurred by the COUNTY in any fiscal year. A
"disposal obligation revenue shortfall" is herein defined to
mean the difference, if any. projected or realised by the
COUNTY in any fiscal year by subtracting from the total
tipping fees and other revenue of the resource recovery
system, if any, (the "gross revenues") the projected or
actual cost of meeting its disposal obligations hereunder.
(a) Prior to the beginning of each fiscal year the Resource
Recovery Hoard shall estimate, based on information
provided by the COUNTY and others as appropriate. the
disposal obligation revenue shortfall, if any. under .
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this Agreement and shall impose or revise the service
charge to eliminate any estimated disposal obligation
revenue shortfall for the ensuing fiscal year.
(b), if during any fiscal year the gross revenues plus any
service charge revenues are inadequate to allow COUNTY
to meet its disposal obligation, the COUNTY shall
notify the Chairman of the Resource Recovery Board in
writing detailing the reasons for the revenue shortfall
and requesting the Resource Recovery Board to impose or
revise the service charge. The Resource Recovery Board
shall impose or revise the service charge in an amount
sufficient to allow COUNTY to meet its current disposal
obligations hereunder and to be reimbursed over a
period of not more than twelve (ix) months for
expenditures already made.
Cc) The CONTRACT COMMUNITIES and COUNTY for the
unincorporated area agree to the imposition of a
service charge by the Resource Recovery Board under the
circumstances described in this Section 6.4. The basis
for fixing the service charge and the method of
enforcing the collection of the same shall be as set
forth in Exhibit D to this Agreement as the same may be
amended from time to time by the Resource Recovery
Board and approved by the Board of County
Commissioners.
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•
6.5 If the net revenues of the resource recovery system
projected by the COUNTY from the resource recovery system
exceed the cost of meeting its disposal obligations
hereunder in any fiscal year by an amount greater than 150%,
then haulers making deliveries during such fiscal year shall
receive a tipping fee credit in an amount which the Resource
Recovery Hoard estimates will reduce net revenues to 150% of
said costs.
ARTICLE 7
COLLECTION OF TIPPING FEES
7.1 For tipping fees. the COUNTY shall bill the haulers with
established credit, on at least a monthly basis, in
accordance with the plan of operations. Such haulers shall
pay the COUNTY the full amount of each bill within thirty
(30) days of receipt.
7.2 Should any hauler fail to pay COUNTY within such thirty (30)
day period, the hauler shall be liable for an additional one
and one-half percent (1-1/8%) per month of the outstanding
balance due. Should any amount remain unpaid for more than
forty-five Ifs) days, such hauler shall be considered in
default and all of the rights accruing to the COUNTY under
this Agreement or at law may be pursued by the COUNTY,
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•
Resource Recovery Board or any CONTRACT COMMUNITY to compel
the hauler to perform its obligations.
7.3 Dispute on Billings.
(a) In the event of a dispute as to a billing, the hauler
shall first pay the full amount of the disputed charges
when due and shall, within thirty (30) days from the
date of the receipt of the disputed bill, give written
notice of the dispute to the COUNTY. The notice of
dispute shall identify the disputed bill, state the
amount in dispute and set forth a full statement of the
grounds on which such dispute is based.
(b) If not resolved by the hauler and the COUNTY, the
dispute shall be considered by the Resource Recovery
Board who may accept, reject or modify the hauler's
appeal should it determine that the amount of the
billing does not comply with the terms and conditions
of this Agreement.
Cc) Should a hauler disagree with the determination of the
Resource Recovery Hoard, it may pursue any remedy
available at law except withholding payment.
7.8 The COUNTY shall have the right to set reasonable insurance
and credit requirements for participating haulers other than
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governmental agencies. The COUNTY shall_ require as a
condition of credit that haulers agree to the collection
procedures in this Article 7 including the dispute
resolution procedures in Section 7.3.
7.8 Each CONTRACT COIr9i[UNITY and COUNTY for the unincorporated
area agree to include in any contracts or contract
amendments with haulers executed after the date of execution
hereof, a provision that the hauler shall comply with the
provisions of this Article 7 and to enforce such provision.
The COUNTY shall be a third party beneficiary of such
provision.
r1
ARTICLE 8
ANNUAL AUDIT
8.1 The COUNTY shall secure an annual external audit. consistent
with the terms of the service agreements, of the solid waste
disposal and resource recovery system by a qualified
certified public accountant. Copies of the audit reports
are to be made available to all CONTRACT'COMMN1T1ES, the
Resource Recovery Hoard and, if requested, to private
entities utilising the system. The COUNTY shall maintain
separate accounts and records for each of the resource
recovery facilities, landfills, contingency landfills and
transfer stations.
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ARTICLE 9
ADDITIONS AND IMPROVEMENTS
TO RESOURCE RECOVERY SYSTEM
9.1 This Agreement obligates the COUNTY to construct, operate,
maintain and repair a resource recovery system or cause to
be constructed, operated. maintained and repaired a resource
recovery system adequate for the disposal of all solid waste
collected in each CONTRACT COMMUNITY and unincorporated
County and delivered to the resource recovery system
consistent with the terms of the service agreements.
Accordingly, the COUNTY may be required from time to time to
• . incur additional obligations and indebtedness to pay the
cost of acquiring, constructing and reconstructing additions
and improvements I"additions and improvements") to the
resource recovery system.
9.2 In the event the COUNTY determines that the resource
recovery system or one or more of its facilities has become
inadequate to most the COUNTY's disposal obligation under
this Agreement, but revenue projected to be derived from the
resource recovery system would not be adequate to support
the cost of such additions and improvements, the COUNTY
shall be authorised to proceed as follows:
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(a) If sufficient revenue would be generated by the 0
imposition of an increase in the current tipping fee no
greater than iS percent in excess of the tipping fee as
then established pursuant to Section 6.2 of this
Agreement, the COUNTY may, by resolution of its Board
of County Commissioners, request the Resource Recovery
Board to so increase the tipping fee commencing at a
time certain, and the Resource Recovery Board shall set
the tipping fee in accordance with such request.
(b) If sufficient revenue would be generated only by the
imposition of an increase in the tipping fee in excess
of is percent, such increase shall only be set by the
Resource Recovery Board upon request of the Board of
County Commissioners in the manner described in (a)
above if the County Commission and governing bodies of
CONTRACT COMMUNITIES containing at least Si percent of
the population of all the CONTRACT COMMUNITIES and
unincorporated County adopt resolutions approving the
amount of the tipping fee increase as set forth in the
resolution of the Board of County Commissioners
requesting such Increase. In acting in accordance with
this subsection, the Resource Recovery Board shall rely
conclusively on a statement furnished by the University
of Florida Bureau of Economic and Business Research as
to the current best estimates of the population of the
respective CONTRACT COMMUNITIES and unincorporated 0
County.
-41-
• If the 91 percent approval required by subsection (b)
cannot be obtained within six (6) months of the County
Commission passing its resolution requesting a tipping
fee increase and if the COUNTY cannot otherwise satisfy
revenue requirements so as to incur obligations or
indebtedness adequate to pay the cost of additions and
improvements necessary to meet the disposal obligation.
the COUNTY, with the advice of the Resource Recovery
Board, shall calculate the tons per day by which
current disposal obligation exceeds the capacity of
resource recovery system facilities. The plan of
operations will be revised by the Resource Recovery
Board in such a manner as required to reduce, in an
equitable, pro rate fashion to be determined at the
time, the tons per day which each CONTRACT COMMUNITY
and unincorporated County will be entitled to deliver
or cause to be delivered to resource recovery system
facilities.
ARTICLE 10
OBLIGATIONS UNDER THIS AGREEMENT ARE
NOT INDEBTEDNESS OF ANY CONTRACT COMMUNITY OR COUNTY
10.1 The respective obligations of each CONTRACT COMMUNITY and
COUNTY under this Agreement shall not be an indebtedness of
0 such CONTRACT COMMUNITY or COUNTY within the meaning of any
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constitutional, statutory, charter or ordinance provision or
limitation of such CONTRACT COMMUNITY or COUNTY. Neither
CONTRACT COMMUNITY nor COUNTY is obligated to pay or cause
to be paid any amounts due under this Agreement except in
the manner provided herein, and the faith and credit of such
CONTRACT COMMUNITY and COUNTY is not pledged to the payments
of any amounts due under this Agreement.
This Agreement shall not require any CONTRACT COMMUNITY or
COUNTY to levy or pledge any taxes whatsoever for the
payment of any amounts due under this Agreement.
ARTICLE 11
RELATIONSHIPS OF THE PARTIES
11.1 Except as set forth herein, no parties to this Agreement
shall have any responsibility whatsoever with respect to
services provided or contractual obligations assumed by the
other party and nothing in this Agreement shall be deemed to
constitute any party a partner, agent, or local
representative of the other party or to create any type of
fiduciary responsibility or relationship of any kind
whatsoever between the parties. The obligations to this
Agreement are not joint, the obligations are separate and
several between each of the CONTRACT COMMUNITIES and COUNTY.
0
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9
0
ARTICLE 12
MISCELLANEOUS
12.1 Assignment. This Agreement, or any interest herein, may not
be assigned, transferred or otherwise encumbered, under any
circumstances by any party without the prior written consent
of the other parties to this Agreement. The parties agree.
however, that the COUNTY may assign rights and obligations
under this Agreement as is necessary by the COUNTY with the
advice of the Resource Recovery Board for the provisions of
solid waste disposal services under this Agreement.
12.2 State and Federal Laws. The pprovisions of solid waste
disposal servicei under this Agreement shall comply with all
applicable state and federal laws. This Agreement shall be
construed in accordance with the laws of the State of
Florida.
12.3 COUNTY Records. The COUNTY agrees to maintain and cause its
full service contractors pursuant to the terms of the
service agreements to maintain complete and accurate
accounting records for solid waste transfer or disposal
services provided to the CONTRACT COMMUNITIES and
unincorporated County. The COUNTY agrees to maintain, or
cause to be maintained information in sufficient detail to
0 permit each CONTRACT COMMUNITY to ascertain the cost of
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9
solid waste services provided pursuant to this Agreement,
separate and apart from the cost of other services of the
COUNTY. Upon reasonable notice given by any CONTRACT
COMMUNITY, the COUNTY shall make available or have made
available to such CONTRACT COMMUNITY all books, records,
computer programs, printouts, memoranda of any kind
whatsoever regarding all of the operations of the resource
recovery system at the cost of the party seeking such
information.
12.4 Notices. All notices, consents and other communications
required, permitted or otherwise delivered under this
Agreement shall be in writing and be delivered either by
hand with proof of delivery or mailed by first class
registered or certified mail, return receipt requested,
postage prepaid, and in any case shall be addressed as
provided in Exhibit 5, attached hereto and made a part
hereof.
Changes in the respective addresses of CONTRACT COMMUNITIES
provided in Exhibit B and of COUNTY provided on the
signature page may be made from time to time by either party
by notice to the other party. Notices and consents given by
mail in accordance with this section shall be deemed to have
been given five f5) business days after the day of dispatch:
notices and consents given by any other means shall be
deemed to have been given when received.
-45-
0
0
12.5 Grant Information. The CONTRACT COMMUNITIES agree to
provide the COUNTY and the Resource Recovery Board with all
relevant information that any federal, state or local
agencies may require in the application for financial
assistance in the acquisition or construction of the
resource recovery facilities and in the provisions of solid
waste disposal services to them. The parties agree to adopt
such regulations, execute such agreements and do such work
as may be required by federal, state or local agencies as
part of any such application for financial assistance to the
resource recovery facilities.
. 12.6 Incorporation of Agreements. This document supersedes all
prior negotiations, correspondence.' conversations,
agreements, or understandings, applicable to the matters
contained therein. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any
prior representations or agreements, whether oral or
written. it is further agreed that no modification,
amendment or alteration in the terms or conditions contained
herein shall be effective unless contained in a written_
document executed by the governing bodies of CONTRACT
COMMUNITIES and County Commission containing at least 51
percent of the population of all CONTRACT COMMUNITIES and
unincorporated County. No modification or alteration shall
0 be adopted which reduces the term of this Agreement as
provided in Article 16 hereof.
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CONTRACT COMMUNITIES. After March 31, 1987 and
iZ.7 Additional CONT
throughout the term of this Agreement, any municipal
corporation existing under the laws of the State and located
in COUNTY which is not already a CONTRACT COMMUNITY may
become a CONTRACT COMMUNITY only under the following terms
and conditions:
(a) Any municipal corporation wishing to become a CONTRACT
COMMUNITY, hereinafter referred to as "Nominee". shall
give written notice to the COUNTY and Resource Recovery
Board on or before March 31 of the Nominee's desire to
become a CONTRACT COMMUNITY as of the following October
1, the beginning of the next fiscal year.
(b) In its written notice, Nominee shall certify that it
has approved this Agreement, as it may have been
modified or amended as of that date, and adopted the
ordinances required of CONTRACT COMMUNITIES attached to
this Agreement as Exhibits C and E, as such have been
modified or amended as of that date. The effective
data of this Agreement and ordinances shall be the
following October 1.
(c) The written notice shall further acknowledge Nominee's
agreement to waive provisions of Section 4.1 of this
Agreement regarding the minimising of transportation of
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solid waste and cost of such transportation by the
Resource Recovery Board in the plan of operations if
existing CONTRACT COMMUNITIES would be required to
either modify their then existing operations or incur
additional costs unless such existing CONTRACT
COMMUNITIES waive this provision in writing to the
Resource Recovery Board.
(d) The Nominee shall also agree to pay a proportionate
share of past costs associated with development of the
resource recovery system, the provision of contingency
landfill capacity and other similar costs. The
Resource Recovery Board shall, upon written request of
any municipal corporation eligible to become a Nomineet
provide a quotation of potential Nominee's share of
such past costs which shall be based upon the estimated
quantity and quality of the potential Nominee's solid
waste which the COUNTY would be required to dispose of
over the remaining life of this Agreement. Payment of
such past costs to the COUNTY may be made as a lump sum
by a Nominee upon becoming a CONTRACT COIrOi[UNITY or may
be made by it in equal annual installments over the
remaining term of this Agreement. There shall be no
prepayment penalty. Interest on any unpaid balance
shall be computed based upon the maximum rate paid on
any Broward County Resource Recovery Revenue Bonds
Series 1884 designated for construction of any portion
of the resource recovery system.
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0
(e) When a Nominee has agreed to all of the above terms and
met all of the above conditions, the COUNTY shall give
written notice to the Nominee, existing CONTRACT
COkMNITIES and Resource Recovery Board that the
Nominee will become a CONTRACT COMMNITY for all
purposes of this Agreement and Exhibits A and B of this
Agreement will be modified as appropriate on the
following October 1.
12.8 Confidentiality. Each CONTRACT COMMMITY acknowledges that
information COUNTY obtains from a full service contractor
may be subject to confidentiality restrictions under the
construction contracts and service agreements to the extent .
consistent with applicable law.
12.9 Severability. In the event that any provision of this
Agreement shall, for any reason. be determined to be
invalid, illegal or unenforceable in any respect, the
parties hereto shall negotiate in good faith and agree as to
such amendments, modifications or supplements of or to this
Agreement or such other appropriate actions as shall, to the
maximum extent practicable in light of such determination,
Implement and give effect to the intentions of the parties
as reflected herein, and the other provisions of this
Agreement shall, as so amended, modified or supplemented, or
otherwise affected by such action, remain in full force and
effect.
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12.10 Representations and Warranties: Legal Opinions. Each of
the CONTRACT COIKUNITIES and COUNTY hereby represents and
warrants as to itself as follows and each CONTRACT
COMMUNITY hereby agrees to provide to the COUNTY's bond
counsel and to the COUNTY's General Counsel a favorable
opinion of its Counsel dated as of such date that they may
request and on which they may rely in furnishing opinions
to the full service contractors to the following effect:
(a) It is duly organized and validly existing under the
constitution and laws of the State of Florida. with full
legal right, power and authority to enter into and
0 perform its obligations hereunder,
(b) This Agreement has been duly authorised, executed and
delivered by it and constitutes its legal, valid and
binding obligation, enforceable against it in accordance
with its terms (except as such enforceability may be
limited by Article X. Section 13 of the Florida
Constitution or bankruptcy, moratorium, reorganization
or similar laws affecting the right of creditors
generally)i
(c) Neither the execution or delivery by it of this
Agreement, nor the performance of its obligations
0 hereunder or the fulfillment of the terms and conditions
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hereof: (i) conflicts with, violates or results in a 0
breach of the Constitution, any law or government
regulation of the State of Florida, or any other local
law or ordinance or (ii) conflicts with, violates or
results in any breach of any term or condition of any
judgment or decree. or any agreement or instrument to
which it is a party or by which it or any of its
properties or assets are bound, or constitutes a default
thereunder;
(d) Except for the procedures provided under Section
135.01(5). Chapter 163 and Chapter 75 of the Florida
Statutes. and such action as has already been taken, no
approval, authorisation, or order of, or any consent or .
declaration, registration of filing with, any
governmental authority of the State of Florida or any
referendum or other action of voters (-by election,
action by town or city council or otherwise) is required
for the valid execution, delivery and performance of
this Agreement by its
(e) Except as disclosed in writing to the other parties
prior to Its execution and delivery of this Agreement,
to its best knowledge, there is no action, suit or
proceeding, at law or in equity, or any official
investigation before any court or governmental authority
nor any referendum or other voters' initiative pending 0
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or, to its best knowledge, threatened against it which
might materially adversely affect the taking or exercise
by the Special District or the Resource Recovery Board
of the actions to be taken by either of them or the
powers to be exercised by either of them under this
Agreement, or the performance by either of them or i-t of
their and its obligations under this Agreement or which
challenges, or if adversely determined might materially
adversely affect, the validity, legality or
enforceability of this Agreement.
ARTICLE 13
INDEMNIFICATION
13.1 To the maximum extent permitted by law, the COUNTY and each
CONTRACT COMMUNITY shall indemnify. defend and hold harmless
the other, their officers, employees and agents from and
against any liability, claims, demands, actions, costs,
expenses. losses or damages whatsoever, including reasonable
attorney's fees, that may in any way result from any
negligent acts arising out of the performance of its
obligations under this Agreement_
MYIC
ARTICLE 14
CONTRACTS WITH HAULERS
14.1 Each party to this Agreement agrees to cause the terms and
conditions of any agreement that it may have with a hauler
of solid waste to conform with the terms and conditions of
this Agreement within 84 months of its execution hereof.
ARTICLE 15
CESSATION
15.1 If any CONTRACT COMMUNITY, unincorporated County or COUNTY
7
shall fail to perform or observe any of the material terms .
and conditions of this Agreement for a period of sixty (80)
days after receipt of notice of such default from another
party or Resource Recovery Hoard, the party giving the
notice of default may be entitled, but not required, to seek
specific performance of this Agreement. The parties
acknowledge that money damages may be an inadequate remedy
for the failure to perform and that the party giving notice
is entitled to obtain an order requiring specific
performance by the other party. Failure of any party to
exercise its rights in the event of any breach by another
party shall not constitute a waiver of such rights. no
party shall be deemed to have waived any failure to perform
by another party unless such waiver is in writing and signed
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by the waiving party. Such waiver shall be limited to the
terms specifically contained therein. This paragraph shall
be without prejudice to the right,of any party to seek such
just legal remedy for any breach of the other as may be
available to it.
15.2 Resource Recovery Board shall provide for the equitable
distribution of the Broward Solid Waste Disposal District's
assets and liabilities to the CONTRACT COMMUNITIES,
unincorporated County and COUNTY at the and of the term of
this Agreement. The Resource Recovery Board shall consider
any perpetual maintenance responsibilities of the COUNTY in
making such distributions.
ARTICLE 16
DURATION
16.1 This Agreement shall be effective for each CONTRACT
COMMUNITY and unincorporated County from the date of
execution for a period ending twenty (20) years from the
date the initial northern or southern resource recovery
facility or contingency landfill servicing the applicable
CONTRACT COMMUNITY or unincorporated County as provided for
In the plan of operations becomes operational in accordance
with the terms of the service agreements or otherwise, but
in no event earlier than the later of the final maturity of
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any indebtedness of the COUNTY issued with respect to the .`
resource recovery system or expiration of the initial term
of the northern and southern resource recovery facility
service agreements.
IN WITNESS WHEREOF, the parties hereto have 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 Chairman. authorized to
execute same by Hoard action on the day of
188_. and each CONTRACT COMMUNITY, signing by and through
officers duly authorized to execute same.
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C�
ATTEST:
C O U N T Y
---------------------------
County Administrator and Ex-
Officio Clerk of the Board of
County Commissioners of
Broward County, Florida
0
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BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
Chairman
day of , 18
Approved as to form and legality by
Office of General Counsel
for Broward County, Florida
SUSAN F. DELEGAL, General Counsel
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
Assistant General Counsel
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L.J
C O N T R A C T C O M M U N I T Y
WITNESS:
ATTEST:
City Clerk
(CORPORATE SEAL)
STATE OF FLORIDA )
SS:
COUNTY OF BROWARE )
City of Tamarac
Name of Contract Community
By
Vice MSydney D1. Stein
a`yc
25th day of March I9 87
By /
City Manager - P. Kelly
2 5 th- day of , IS $Z_ .
APPROVED AS TO FORM:
I HEREBY/ CERTIFY that on this day, before me, an Officer duly authorized
in the State aforesaid and inthe County aforesaid to take acknowledgments,
personally appeared Sydney M. Stein, Vice Mayor and John P. Kelly, City
Manager to me known to be the personsdescribed in and who executed the
foregoing instrument and they acknowledged before me that they executed
the same.
WITNESS my hand and official seal in the County and State last aforesaid
this 25th day of March, A.D., 1957.
*MY COMMISSION EXPIRES:
_57t NOTARY PUBLIC
NOTARY PUBLIC STATE OF FLORIDA
NY CORNISSIUM EXP SEP1 17.1990
BONDED INK GENERAL IRS. UND.
EXHIBIT A
NAMES OF THE CONTRACT COMMUNITIES
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_so_
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EXHIBIT B
NAMES TO WHOM NOTICES ARE TO BE DIRECTED
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EXHIBIT A
NAMES OF THE CONTRACT COMMUNITIES
I. Fort Lauderdale
2. Coral Springs
3. Plantation
4. Sunrise
5. Deerfield Beach
6. Margate
7. Miramar
8. Davie
9. Tamarac
10. Lauderdale Lakes
11. North Lauderdale
12. Coconut Creek
13. Cooper City
14. Wilton Manors
15. Lighthouse Point
16. Pembroke Park
17. Lauderdale -By -The -Sea
18. Hillsboro Beach
i
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0 EXHIBIT B
NAMES TO WHOM NOTICES ARE TO BE DIRECTED
1. Mayor
City of Fort Lauderdale
P. 0. Drawer 14250
Ft. Lauderdale, Florida 33302
2. Mayor
City of Coral Springs
9551 West Sample Road
Coral Springs, Florida 33065
3. Mayor
City of Plantation
400 N. W. 73 Avenue
Plantation, Florida 33317
4. Mayor
City of Sunrise
10770 West Oakland Park Boulevard
Sunrise, Florida 33321
5. Mayor
City of Deerfield Beach
150 N. E. Second Avenue
Deerfield Beach, Florida 33441
6. Mayor
City of Margate
5790 Margate Boulevard
Margate, Florida 33063
7. Mayor
City of Miramar
6700 Miramar Parkway
Miramar, Florida 33023
8. Mayor
Town of Davie
6591 S. W. 45 Street
Davie, Florida 33314
9. Mayor
City of Tamarac
5811 N. W. 88 Avenue
Tamarac, Florida 33321
WPIC
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10. Mayor
City of Lauderdale Lakes
4300 N. W. 36 Street
Lauderdale Lakes, Florida 33319
11. Mayor
City of North Lauderdale
701 S. W. 71 Avenue
North Lauderdale, Florida 33068
12. Mayor
City of Coconut Creek
1071 N. W. 45 Avenue
Coconut Creek, Florida 33066
13. Mayor
City of Cooper City
9090 Southwest 50 Place
Cooper City, Florida 33328
14. Mayor
City of Wilton Manors
524 N. E. 21 Court
Wilton Manors, Florida 33305
15. Mayor
City of Lighthouse Point
P. 0. Box 5100
Lighthouse Point, Florida 33064
16. Mayor
Town of Pembroke Park
3150 S. W. 52 Avenue
Pembroke Park, Florida 33023
17. Mayor
Town of Lauderdale -By -The --Sea
4501 Ocean Drive
Lauderdale -By -The -Sea, Florida 33308
18. Mayor
Town of Hillsboro Beach
1210 Hillsboro Beach
Pompano Beach, Florida 33062
19. Chairman, Board of County Commissioners
Broward County Governmental Center - Rm. 421
115 South Andrews Avenue
Ft. Lauderdale, Florida 33301
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EXHIBIT C
10h IOT-49KOM
AN ORDINANCE ESTABLISHING SOLID WASTE FLOW
CONTROL PURSUANT TO SECTION 403.713, FLORIDA
STATUTES AND SECTION 3.3 OF THE INTERLOCAL
AGREEMENT DATED NOVEMBER 25, 1986 BY AND
BETWEEN THE CONTRACT COMMUNITIES AND BROWARD
COUNTY, FLORIDA; DIRECTING THE DELIVERY OF ALL
SOLID WASTE GENERATED WITHIN [THE
UNINCORPORATED AREA OF THE COUNTY OR ITS
GEOGRAPHICAL BOUNDARIES] TO THE RESOURCE
RECOVERY SYSTEM DESCRIBED HEREIN;
RELINQUISHING TITLE TO SOLID WASTE COLLECTED
OR GENERATED WITHIN (THE UNINCORPORATED AREA
OF THE COUNTY OR ITS GEOGRAPHICAL BOUNDARIES]
UPON DELIVERY OF SUCH SOLID WASTE TO SAID
RESOURCE RECOVERY SYSTEM; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, because of the contour, elevation and high ground
water level of Broward County, Florida (the "County"), disposal
of solid waste through means other than landfills has been
encouraged; and
WHEREAS, the Legislature of the State of Florida has
discouraged the dumping or burying of solid waste matter and
the use of sanitary landfills as the sole method of disposal of
solid waste; and
WHEREAS, because of environmental concerns with utilizing
of landfilling as the sole method of disposal of solid waste
generated by the residents and visitors of the County, certain
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municipalities within the county and the County have sought a
joint solution to such concerns; and
WHEREAS, Section 403.713, Florida Statutes, provides that
(1) "any local government that undertakes resource recovery of
solid waste pursuant to general law or special act may control
the collection and disposal of solid waste, as defined by
general law or such special act, which is generated within the
territorial boundaries of such local government and other local
governments which enter into interlocal agreements for the
disposal of solid waste with the local government sponsoring
the resource recovery facility", (2) "any local government
which undertakes resource recovery of solid waste pursuant to
general law or special act may institute a flow control
,ordinance for the purpose of ensuring that the resource
recovery facility receives an adequate quantity of solid waste
from solid waste generated within its jurisdiction", and (3)
"such solid waste will not include scrap, or new or used
material, separated at the point of generation and held for
purposes of recycling, which shall be subject to state and
local public health and safety laws"; and
WHEREAS, consistent with Chapter 403, Part IV, Florida
Statutes and in furtherance of addressing the problems created
by the disposal of solid waste, certain municipalities within
the County (the "Contract Communities") have entered into an
Interlocal Agreement, dated November 25, 1986, (the "Interlocal
IWIC
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Agreement"), with the County which provides for, among other
things, the disposal of solid waste generated within the
Contract Communities and the unincorporated area of the County;
and
WHEREAS, Section 3.3 of the Interlocal Agreement provides
that each Contract Community and the County agree to enact a
waste flow control ordinance as set forth in Section 403.713,
Florida Statutes, directing that solid waste generated within
each such Contract Community and the unincorporated area of the
County be delivered to the designated resource recovery system
transfer or disposal facility or facilities as provided in the
Interlocal Agreement; and
WHEREAS, each Contract Community and the County further
agree.to include in any contract with haulers a provision that
all municipal solid waste shall be delivered to the resource
recovery system transfer or disposal facility or facilities
designated in the plan of operations developed pursuant to the
Interlocal Agreement; and
NOW, THEREFORE, be it ordained by the (governing body of
Contract Community or Board of Commissioners of Broward
County], Florida, that:
Section 1. Findings.
The findings set forth in the foregoing preamble to this
Ordinance are hereby approved and confirmed.
Section 2. Definitions.
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For the purpose of this Ordinance, the definitions
contained in the Interlocal Agreement shall apply unless
otherwise specifically stated in this Section. When not
inconsistent with the context, words used in the present tense
include the future, words in the plural number include the
singular and words in the singular number include the plural.
The word "shall" is always mandatory and not merely directory.
(a) Contract_ Communities. The term "Contract
Communities" shall refer to the municipal corporation or
corporations existing under the laws of the State of Florida
located within the county that from time to time enter into the
Interlocal Agreement.
(b) Ccmnty. The term "County" shall refer to
Broward County, Florida, a political subdivision of the State
of Florida.
(c) Hauler. The term "hauler" shall refer to those
persons, firms or corporations or governmental agencies
responsible (under either oral or written contract, or
otherwise) for the collection of solid waste within the
geographic boundaries of the Contract Communites and
transportation to the resource recovery system.
(d) Interlocal Agreement. The term "Interlocal
Agreement" shall refer to that certain Interlocal Agreement,
dated November 25, 1986, by and among the County and the
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Contract Communites, as amended or supplemented from time to
time pursuant to the provisions of the Interlocal Agreement.
(e) R source Recovery System. The term "resource
recovery system" shall refer to the resource recovery
facilities which are constructed, operated and maintained or
caused to be constructed, operated and maintained pursuant to
the Interlocal Agreement.
(f) Solid Waste. The term "solid waste" shall have
the meaning set forth in Chapter 403, Part IV, Florida
Statutes, as amended from time to time, as limited or expanded
by the terms "processable waste, unprocessable waste and
unacceptable waste" set forth in the Interlocal Agreement.
(g) District. The term. "District" shall refer to
the Hroward Solid Waste Disposal District created by the County
and approved by the governing bodies of the Contract
Communities pursuant to the Interlocal Agreement.
Section 3. Waste Flow Control.
(a) It is the purpose of this Ordinance to require
all inhabitants and persons within the [City of or
the unincorporated area of the County], Florida to use
exclusively the resource recovery system identified in the
Interlocal Agreement for. the disposal of all solid waste
generated within the (City of or the unincorporated
area of the County] for the purpose of ensuring that the
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resource recovery system receives an adequate quantity of solid
waste from solid waste generated within its boundaries.
(b) The (City of or the County on behalf
of the unincorporated area of Broward County,] Florida hereby
directs that all solid waste generated within (its geographic
boundaries or the unincorporated area of the County] be
delivered to the resource recovery system transfer or disposal
facility or facilities designated in the plan of operation
under the Interlocal Agreement and further hereby relinquishes
any and all title and interest in solid waste collected or
generated within its geographical boundaries upon delivery of
such solid waste to the resource recovery system transfer or
disposal facility or facilities designated in said plan of
operations.
(c) The (City of or the Board of
Commissioners of Broward County,] Florida will conform the
terms and conditions of any agreement that it may have with a
hauler of solid waste to the terms and conditions of the
Interlocal Agreement.
(d) Nothing herein is intended to either discourage
or prohibit either voluntary or locally ordained solid waste
segregation programs segregating scrap or new or used materials
at the point of generation and held for purposes of recycling.
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Section 4. Effective Date. This Ordinance shall
become effective immediately upon compliance with any statutory
requirements relating to notice and publication hereof.
DONE AND ADOPTED in regular session this day of
, 19
L�
By:
[GOVERNING BODY]
Title:
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EXHIBIT D
GF.EINANCE NO. 87-3
AN ORDINANCE CREATING T:-!E BRO1%AF.G SGLIC AS7 E
DISPOSAL DISTPICT; PROVIDING; FOR ITS CGVERNAN'CE
BY THE RESOURCE RECOVERY BOARD AND THE TERMS,
COMPOSITION AND DUTIES OF SAID BOARD; PROVIDING
FOR THE IMPOSITION BY SAID BOARD OF SERVICE
CHARGES FOR SOLID WASTE DISPOSAL SERVICES TO BE
PROVIDED WITHIN THE DISTRICT ON THE OWNERS OF
IMPROVED REAL PROPERTY WITHIN THE DISTRICT;
PROVIDING FOR SUCH SERVICE CHARGES TO BE IMPOSED
BY RATE RESOLUTION OF SAID BOARD FOLLCWING
PUBLIC HEARING; PROVIDING FOR THE PROCEDURES FOR
ESTABLISHING SERVICE CHARGE ROLLS BY THE
PROPERTY APPRAISER OF BROWARD COUNTY AND THE
COLLECTION OF SERVICE CHARGES BY THE COUNTY TAX
COLLECTOR; PROVIDING FOR DISCOUNTS FOR EARLY
PAYMENT OF SERVICE CHARGES; PROVIDING THAT
DELINQUENT SERVICE CHARGES SHALL CONSTITUTE
LIENS ON THE IMPROVED REAL PROPERTY ON WHICH
SUCH SERVICE CHARGES WERE IMPOSED; PROVIDING
PROCEDURES FOR APPEALS TO THE RESOURCE
RECOVERY BOARD; PROVIDING PROCEDURES IF SERVICE
CHARGES ARE OMITTED; PROVIDING FOR SERVICE
CHARGES APPLICABLE TO GOVERNMENTAL AGENCIES,
LEASEHOLD INTERESTS AND TAX-EXEMPT PROPERTY;
PROVIDING RELIEF FROM SERVICE CHARGES UNDER
CERTAIN CIRCUMSTANCES; PROVIDING FOR SEVER -
ABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING AN EFFECTIVE DATE.
(Sponsored by the Board of County Commissioners)
WHEREAS, Broward County, Florida ( the "County") , is authorized
pursuant to Section 125.01 (1) (k) and (p) , respectively, Florida Statutes, to
provide and regulate waste collection and disposal and to enter into
agreements with other governmental agencies within the boundaries of the
County for joint performance by one unit in behalf of the other, of any of
either agency's authorized functions; and
40
WHEREAS, the Ccunty has heretofore incurred System Indebtedness
(hereinafter defined) pursuant to Chapter 159, Part II, Florida Statutes,
and Chapter 166, Florida Statutes, for the purpose of acquiring and con-
structing the Resource Recovery System (hereinafter defined) and entered
into contractual arrangements with the Full Service Contractors (hereinafter
defined) for the purpose of providing for the disposal of solid waste
collected within the unincorporated area of the County and the municipali-
ties within the County which have or will become party to the Interlocai
Agreement, as hereinafter defined ( the "Contract Communities") ; and
WHEREAS, Section 403.713, Florida Statutes, provides that any local
government that undertakes resource recovery of solid waste may control the
collection and disposal of solid waste which is generated within the
territorial boundaries of such local government and other local governments
which enter into interlocal agreements for the disposal of solid waste with
the local government sponsoring the resource recovery facility and that any
such local government which undertakes resource recovery of solid waste
may institute a flow control ordinance for the purpose of ensuring that the
resource recovery facility receives an adequate quantity of solid waste from
solid waste generated within its jurisdiction; and
WHEREAS, the County and Contract Communities each have or will
have entered into an Interlocal Agreement (hereinafter defined) pursuant to
which the parties have or will have agreed to cause the solid waste
collected within their respective boundaries to be delivered to the Resource
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Recovery System and to pay for such services as provided in the Interlocal
Agreement; and
WHEREAS, the County and Contract Communities each have or will
have adopted waste flow control ordinances directing that solid waste
generated within their respective geographical boundaries be delivered to
the Resource Recovery System; and
WHEREAS Section 125.01(5), Florida Statutes, provides that the
governing body
of a
county shall
have
the power to
establish special
dis-
tricts to include
both
incorporated
and
unincorporated
areas, subject to
the
approval of the governing body of the incorporated area affected, within
which may be provided municipal services and facilities from funds derived
from service charges within such district only and that the governing body
of such special district shall be composed of county commissioners and may
include elected officials of the governing body of an incorporated area
included in the boundaries of the special district with the basis of appor-
tionment beina set forth in the ordinance creating the special district;
and
WHEREAS, the County and Contract Communities have or will have
agreed in the Interlocal Agreement that there shall be created a special
district pursuant to Section 125.01(5), Florida Statutes, for the purpose of
establishing tipping fees, user charges and service charges, advising the
County concerning Construction Contracts and Service Agreements and
providing oversight of the operations of the Resource Recovery System for
the Contract Communities and the County; such creation to be effected by
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County ordinance and to be approved by ordinance of each Contract
Community; and
WHEREAS, the County and Contract Communities have further agreed
or will further agree in the Interlocal Agreement pursuant to the express
authority contained in Section 125.01(5), Florida Statutes, to the imposi-
tion and collection by the Resource Recovery Board (hereinafter defined) ,
the governing body of the special district hereinafter created, of service
charges for the purpose of making up Disposal Gbligation Revenue Shortfalls
(hereinafter defined) projected or incurred by the County in any Fiscal Year
(hereinafter defined) ; NOW, THEREFORE,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
BROWARD COUNTY, FLORIDA:
Section 1. FINDINGS.
1.01 The findings set forth in the foregoing preambles to this
Ordinance are hereby approved and confirmed.
Section 2. DEFINITIONS.
2.01 For the purpose of this Ordinance, the definitions contained
in the Interlocal Agreement shall apply unless otherwise specifically stated
in this section. When not inconsistent with the context, words used in the
present tense include the future, words in the plural number include the
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singular, and words in the singular number include the plural. The v:,crd
"Shall" is always mandatory and riot merely directory.
(a) Addendum means the list
prepared by the Property
Appraiser and
confirmed by the
Resource Recovery Board for
each Fiscal Year in which the Service Charge is imposed con-
taining the same information as
the Service Charge Roll as to
any parcels of
Improved Real Property not incorporated in the
corresponding
Service Charge
Roll and incorporating any
changes as to
the information
specified for any parcel of
Improved Real
Property on the
corresponding Service Charge
Roll.
(b) Chairman means the Chairman of the Resource Recovery
Board and any successor to his functions.
(c) Commercial Improved Real Property means all Improved Real
roperty primarily used for commercial activities and enter-
prises and excludes all Improved Real Property primarily used
for residential purposes, including but not limited to, such
residential uses as single family residences, condominiums,
multiple family residences or apartments, motels and commer-
cial trailer parks.
(d) Construction Contracts' means the contracts to be entered
into by the County and SES Broward Company, Limited Partner-
ship pursuant to Resolution No. 86-3007 dated August 19,
1986, and Broward Solid Waste Energy Company, Limited Partner-
ship pursuant to Resolution No. 86--3750 dated September 30,
1986, and any successors thereto to design, construct, test,
maintain, repair and have accepted the southern facility and
northern facility, respectively, or any other Full Service
Contractors to design, construct, test, maintain and repair a
part of the Resource Recovery System.
(e) Contract Communities means the municipal corporations
located within the County which are both parties to the
Interlocal Agreement and included within the District.
(f) County means Broward County, Florida, a political sub-
division of the State of Florida.
(g) County Commission means the Board of County Commissioners
of the County and any successor thereto as the governing
body of the County.
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(h) District means the Broward Solid Waste Disposal District, a
special district created by the Ordinance purzuant to the
authority grantee: by Secticn 125.01 (5) , Florida Statutes, and
any successor thereto.
(i) Disposal ObliSlation Revenue Shortfall means the difference,
if any, projected or realized by the County in any Fiscal Year
by subtracting from the total tipping fees and other revenues
projected to be or actually received by the County in such
Fiscal Year the projected or actual cost to the County (as
such cost is determined by reference to the I nterlocal Agree-
ment and the Service Agreements) of meeting its obligation
under the Interlocal Agreement to provide for the disposal of
all solid waste generated in each Contract Community and in
the unincorporated area of the County.
(j) Fiscal Year means the period commencing on the first day of
October of any year and ending on the last day of September
of the following year.
(k) Full Service Contractors means a person, firm or corporation
w ich has entered or will enter into an agreement with the
County to design, construct, test, maintain, repair and
operate resource recovery facilities, landfills or transfer
stations for the purpose of disposal of solid waste through
the Resource Recovery System and shall mean as to the
southern facility, SES Broward County, Limited Partnership
and as to the northern facility, Broward Waste Energy
Company, Limited Partnership and any respective successors
thereto.
(1) Governmental Agencies means all federal, state of Florida or
local agencies or units of government located within the Dis-
trict, including but not limited to the School Board of the
County, Contract Communities, all special districts and
municipal service taxing units with all or part of their bound-
aries within the District and any municipality or special
district or other unit of government not located within the
District but which is the Owner of Improved Real Property
within the District.
(m) Improved Real Property means all real property located
within the District that generates or is capable of generating
solid waste and that contains buildings, structures or other
improvements designed or constructed for and suitable for use
or used for human habitation or human activity or commercial
enterprise.
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n Interlocal Ag ree ment means the Interlocal Agreement, datect
November 25, 1986, between the County anci the Cont. rct Ccm-
murlities purSUarit to which the parties have or wili have
agreed to cause the solid waste ccllected within their
boundaries to be delivered to the Resource Recovery System
and to pay for such services as provided therein.
(o) Notice of Lien means a Notice of Lien filed pursuant to
Section 9 o this Ordinance.
(p) Ordinance means this Ordinance adopted by the County Com-
mission on March 10, 1987, and any amendments or supple-
ments thereto.
(q) Owner means a person or persons owning an interest in
Improved Real Property located in whole or in pert within the
District.
(r) Person means an individual, firm, partnership, corporation,
association, executor, administrator, trustee or other legal
entity, whether singular or plural, masculine or feminine, as
the context may require.
(s) Property Appraiser means the Property Appraiser of the
bounty or the officer succeeding to his functions.
(t) Rate Resolution means a resolution adopted by the Resource
Recovery Board pursuant to Section 7 of this Ordinance in-
corporating a schedule of Service Charges to be imposed upon
the Owners of all Improved Real Property within the District
on account of a Fiscal Year.
(u) Resource Recovery Board means the Resource Recovery
Board created by Section 4 of this Ordinance as the governing
board of the District and any successor thereto.
(v) Resource Recovery _System means the resource recovery facili-
ties which are or are caused to be constructed, operated,
maintained and repaired pursuant to the Interlocal Agreement,
the Construction Contracts and the Service Agreements for the
purpose of disposal of solid waste generated in the District
and the recovery and sale of materials and energy therefrom
including all landfills, transfer stations, disposal facili-
ties and electric generating facilities, but excluding the
County -owned landfill located in the Town of Davie, Florida,
which is in existence as of the date of this Ordinance.
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(w) Secretary means the Secretary of the Resource Fecovery
Boaru and any successor to his functions.
(X) Service Ag..reements means the contracts to be entered into
botween the County and SES Broward County, Limited Partner-
ship pursuant to Resolution No. 86--3007 dated August 19,
1986, and Broward Waste Energy Company, Limited Partnership
pursuant to Resolution No. 86-3750 dated September 30, 1986,
respectively for the purpose of operating, maintaining and
repairing the southern facility and northern facility, re-
spectively, or any other Full Service Contractors for the
purpose of operating, maintaining and repairing all or any
part of the Resource Recovery System.
(y) Service Charge means the Service Charges to be imposed
upon the Owners of all Improved Real Property within the
District during any Fiscal Year pursuant to a Rate Resolution
as authorized by Section 125.01(5), Florida Statutes, and
pursuant to Section 7 of this Ordinance.
(z) Service Charge Roll means the list prepared by and based
upon the certified -roll of the Property Appraiser and con-
firmed by the Resource Recovery Board for each Fiscal Year
in which the Service Charge is imposed containing a summary
description of each parcel of Improved Real Property within
the District as indicated on the- records maintained by the
Property Appraiser, the name and address of the Owner(s) of
each such parcel as indicated on the records maintained by the
Property Appraiser, the rate classification applicable to each
parcel of Improved Real Property as specified in the Rate
Resolution and the amount of the Service Charges applicable to
each parcel of Improved Real Property for each Fiscal Year in
which the Service Charge is imposed.
(aa) S stem Indebtedness means all indebtedness incurred by the
County to pay the cost of acquiring, constructing and
equipping the Resource Recovery System at any time outstand-
ing.
(bb) Tax Collector means the Director of the County Department
of Finance and Administrative Services and any successor
thereto who provides tax collection services pursuant to
Section 4.03 of the Broward County Charter.
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Section 3. CREATION OF DISTRICT.
a.01 Pursuant to authority granted by Secticn 125,01 (5) , Florida
Statutes, there is hereby established and created a special district to be
known as the "Broward Solid Waste Disposal District" (the "District") to
include both the incorporated municipalities who have as of this date
elected to join the District and any incorporated municipalities which may
elect to join the District as hereinafter provided for and the unincorpo-
rated area of the County, subject to the approval of the governing body of
each incorporated municipality becoming a member of the District. The
approval of each incorporated municipality becominga member of the District
shall be evidenced by an ordinance duly adopted by the governing body of
such municipality approving the terms and provisions of this Ordinance, a
certified copy of which shall be filed with this Ordinance in the office of
the Department of State of the State of Florida. The approval of the
unincorporated area of the County shall be evidenced by the adoption of this
Ordinance by the Board of County Commissioners as the governing body of
such unincorporated area. Incorporated municipalities which elect to become
members of the District by adopting an ordinance approving the terms and
provisions of this Ordinance after March 31, 1987, shall be entitled to join
but shall be subject to provisions contained in Section 12.7 of the
Interlocal Agreement. Each incorporated municipality in the County as a
condition precedent to becoming a member of the District shall be required
to become a Contract Community.
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Section 4. RESOURCE RECOVERY BOARD;
CON.POSITICN; TERMS.
4.01 The governing board of the District shall be known as the
Resource Recovery Board and shall consist of nine (9) members. Four (4)
members shall be members of the County Commission appointed by the
County Commission for a term of two (2) years. Four (4) members shall be
appointed by the Contract Communities as follows:
(a) One (1) member each shall be appointed by the governing
bodies of the two Contract Communities with the largest
population for a term of two (2) years.
(b) One (1) member shall be appointed by the Contract Community
nearest to the median in size based upon population for a term
of two (2) years.
(c) One (1) member shall be appointed by the president of the
Broward County League of Cities or its successor organization
from its member cities that are Contract Communities and are
not otherwise represented on the Resource Recovery Board for
a term of two (2) years.
The remaining member shall either be a member of the County Com-
mission appointed by the County Commission for a term of one (1) year in
each even -numbered year or shall be an elected official appointed as pro-
vided in 4.01(c) above from a Contract Community not otherwise represented
on the Resource Recovery Board for a term of one (1) year in each odd -num-
bered year.
4.02 Each member of the Resource Recovery Board shall be an
elected official, either a member of the County Commission or a member of
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the governing body of the Contract Community represented on the Resource
recovery Board.
4.03 Any member of the Resource Recovery Board who ceases to be
an elected official during his term of membership on the Resource Recovery
Board shall be succeeded by an elected official appointed by the same ap-
pointing authority and chosen from the same governing body as his
predecessor to serve out the balance of the term.
4.04 In making the population determinations required by 4.01(a)
and (b) above, the population figures contained in the latest statement
provided by the University of Florida Bureau of Economic and Business
Research shall be used.
Section 5. OFFICERS; QUORUM.
5.01 The Resource Recovery Board shall appoint one of its members
as Chairman and one as Vice-chairman, each for one-year terms. The
Chairman shall be a County Commission representative in odd -numbered
years and a Contract Community representative in even -numbered years.
The County Administrator shall act as Secretary to the Resource Recovery
Eoard.
5.02 A majority of the members of the Resource Recovery Board
shall constitute a quorum.
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Section 6. POWERS AND DUTIES.
6.01 The Resource Recovery Board shall perform all cluties Lnd dis-
charge all obligations imposed upon it by the Interlocal Agreement, as the
same may be amended and supplemented, in the manner provided for therein.
Section 7. IMPOSITION OF SERVICE CHARGE;
RATE ESOLU 1 N; PUBLIC HEARING.
7.01 The fact that any residential or commercial improved real
property located within the District is designed for occupation or use, is
occupied or in use, or is capable of being occupied or used shall be prima
facie evidence that solid waste is being generated by or accumulated upon
such real property and it is hereby determined that the provision of the
Resource Recovery System is a benefit and improvement to all improved real
property within the District by insuring a source for the disposal of solid
waste being generated by or potentially to be generated by the occupation
or use of such real property.
7.02 On or before the fifteenth (15th) day of July in each Fiscal
Year commencing with the Fiscal Year succeeding the Fiscal Year in which
the Resource Recovery System is placed in commercial operation, the
Resource Recovery Boara shall, based on consultation with the County, the
Contract Communities and the Full Service Contractors and such other
sources of information as it deems useful in reaching such determination,
determine if a Disposal Obligation Revenue Shortfall is projected to occur
on account of such Fiscal Year or the next ensuing Fiscal Year and the
amount of such projected Disposal Obligation Revenue Shortfall. In the
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event no such Disposal Obligation Fevenue Shortfall is projected to occur,
no further action need be taken. If a Cisposal Cbligaticn Revenue Shortfall
is projected to occur, the Resource Recovery Board shall adopt a Rate
Resolution, substantially in the form attached hereto as Exhibit A (except
additional categories of Billing Units or Specific Service Charges may be
created by the Resource Recovery Board from time to time in the event the
Board determines that it is necessary to create such additional categories
to accommodate uses, buildings, structures or other improvements that were
not known or contemplated at the time of the adoption of this Ordinance) , in-
corporating a schedule of Service Charges to be imposed upon the Owners of
all Improved Real Property in the District to provide the revenues to meet
the Disposal Obligation Revenue Shortfall having occurred or projected to
occur on account of such Fiscal Year or the next ensuing Fiscal Year. The
Rate Resolution shall also provide that the Service Charges to be imposed
pursuant thereto shall not be imposed and collected until a public hearing
provided for therein has been noticed and held.
7.03 Notice of such public hearing shall be published by the
Resource Recovery Board in a newspaper of general circulation in the
County at least twice, with the first publication being at least twenty (20)
days prior to the date of public hearing. Such notice shall contain the
date, time and place of the public hearing, together with a brief descrip-
tion of the purpose of the public hearing and a statement of where copies of
the Rate Resolution will be available for examination by interested parties
prior to the public hearing. Such public hearing may be continued to a
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date certain without the necessity of further newspaper advertisemert or
public notice. The Rate Resolution shall be adopted by the Resource
Recovery Board at the conclusion of the public hearing and shall be effec-
tive as of such date.
7.04 In addition, the Resource Recovery Board shall adopt a Rate
Resolution pursuant to the procedures described in the foregoing paragraph
upon receiving notification from the County as provided in Section 6.4(b) of
the Interlocal Agreement.
Section 8. SCOPE OF SERVICE CHARGE; TIMING;
DISCOUNTS; DELINQUENCY.
8.01 The Service Charge shall be imposed against the Owners of all
real property in the District if such real property is Improved Real
Property on the first day of January prior to the Fiscal Year in which the
Service Charge is imposed irrespective of whether such Improved Real
Property is occupied or otherwise in use on such date.
8.02 The Owner and description of each parcel of Improved Real
Property shall be that designated on the real property assessment roll
maintained by the Property Appraiser.
8.03 The Service Charge imposed under a Rate Resolution shall be
due and payable on November 1 of the Fiscal Year next succeeding the
Fiscal Year in which the Rate Resolution is adopted. Discounts for early
payment of Service Charges shall be at the rate of four percent (4%) in the
month of November; three percent (3%) in the month of December; two
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percent (20) in the rr:onth of January; and one percent (101 in the merth of
FebrL►ary. The Service Charges paid in March shall be without discount.
The Service Charge shall become delinquent if not fully paid by the first
(1st) day of April of the Fiscal Year for which the Service Charge is
imposed. All delinquent Service Charges shall bear an initial penalty of
three percent (3%) of the full amount of the Service Charge if not paid by
the first (1st) day of April of the Fiscal Year for which the Service Charge
is imposed and an additional penalty of one and one-half percent (1 1/24)
per month on the delinquent principal amount on the first (1st) day of June
and on the first (1st) day of each month thereafter until said Service
Charge is paid in full.
Section 9. SERVICE CHARGE AS A LIEN ON PROPERTY.
9.01 All Service Charges imposed against the Cwners of Improved
Real Property within the District under the provisions of this Ordinance
shall constitute, and are hereby imposed as, liens against such Improved
Real Property as of the first (1st) day of October of the Fiscal Year for
which the Service Charge is imposed. Until fully paid and discharged or
barred by law, said Service Charges shall remain liens equal in rank and
dignity with the lien of County ad valorem taxes and superior in rank and
dignity to all other liens, encumbrances, titles and claims in, to or
against the Improved Real Property involved.
9.02 Unpaid Service Charges shall remain and constitute liens
against such parcels of Improved Real Property within the District from the
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first (1st) day cf October of the Fiscal Year for which the Service Charge
is imposed until paid.
9.03 If any Service Charge becomes delinquent by not being fully
paid by the first (1st) day of April of the Fiscal Year for which the
Service Charge is imposed and remains delinquent, the Resource Recovery
Board upon receipt of the list of outstanding and uncollected Service
Charges for such Fiscal Year from the Tax Collector under the provisions of
Section 10 of this Ordinance shall cause to be prepared a Notice of Lien
containing the amount of the delinquent Service Charge including the amount
of the initial penalty as provided in Section 8 of this Ordinance, a legal
description of the Improved Real Property against which the lien is imposed
and the name of the Owner of such Improved Real Property as indicated on
the real property assessment roll maintained by the Property Appraiser of
the County. Said Notice of Lien shall be recorded in the public records of
Broward County, Florida.
Section 10. COLLECTION OF SERVICE CHARGES;
10.01 The Tax Collector is hereby vested with the power, and it
shall be his duty, to collect payments of all current Service Charges from
November 1 of the Fiscal year for which the Service Charge is imposed
through the first (1st) day of June of such Fiscal Year. The Tax Collector
shall distribute the Service Charges collected during such period at least
monthly as received by depositing the same with a bank depositary or deposi-
taries for the account of the District as directed in the Rate Resolution.
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10.02 The Tax Collector shall mail a second notice to all Owners of
Improvea Real Property who lizve not paid the applicatiM Service Cl-large
prior to June 1 of each Fiscal Year. Such notice shall specify the amount
of the Service Charge imposed on such Improved Real Property, shall advise
the Owners of the initial penalty as provided in Section 8 of this Ordinance
and shall advise such Owners when the Service Charge is delinquent and is
subject to the additional penalties provided in Section 8 of this Ordinance.
10.03 On or before the thirtieth (30th) day of June of each Fiscal
Year, the Tax Collector shall prepare a list of outstanding and uncollected
Service Charges for such Fiscal Year and shall deliver such list to the
Resource Recovery Board. Such list shall contain the amount of the outstand-
ing Service Charge, a legal description of the Improved Real Property
against which the Service Charge is imposed and the name of the Owner of
such Improved Real Property as indicated on the real property assessment
roll maintained by the Property Appraiser.
10.04 Upon the delivery of such list of outstanding and uncollected
Service Charges, the duty of the Tax Collector to collect such Service
Charges shall cease and, thereafter, all such outstanding Service Charges or
liens may be discharged and satisfied by payment to the Resource Recovery
Board of the aggregate amount due for such outstanding Service Charge
plus, when delinquent, the initial penalty plus the additional penalties
provided in Section 8 of this Ordinance, together with an additional sum to
cover the cost of recording and the total amount due, plus penalties, for
any prior Service Charge or lien for such Improved Real Property that
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remains outstanding and unpaid. When any such lien or liens has been fully
pain and discharged, the County Administrator shall properly cause evider;ce
of the satisfaction
and discharge
of such
lien to
be provided. Said lien or
liens shall not be
assigned by the
County
to any
person.
Section 11. ENFORCEMENT OF DELINQUENT SERVICE CHARGES.
11.01 Delinquent Service Charges subsequent to the date of the
recording of the Notice of Lien provided for in Section 9 of this Ordinance
shall constitute,
until
paid
and discharged, a lien upon such Improved Real
Property which
must
be
satisfied by payment, together with all accrued
penalties plus costs and reasonable attorney's fees, at the time such
Improved Real Property is sold by the Owner thereof or the title thereto is
otherwise conveyed or transferred to another person in accordance with law.
Section 12. CERTIFICATION TO TAX COLLECTOR OF
RATE RESOLUTION; CALCULATION OF
SERVICE CHAR E.
12.01 Upon adoption of the Rate Resolution as provided in Section 7
of this Ordinance, the Resource Recovery Board shall forthwith deliver a
certified copy thereof to the Property Appraiser. Based upon the Rate
Resolution, the Property Appraiser shall prepare a Service Charge Roll for
the District. Such Service Charge Roll shall contain a summary description
of each parcel of Improved
Real
Property within
the District on the first
(1st) day of January prior
to the
Fiscal Year for
which the Service Charge
is to be imposed, the name and address of the Owner(s) of each such
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parcel, the rate classification applicable to each parcel of Improved Real
Property as specified in the Rate Resolution and the amcunL ui 'he Service
Charge applicable to each parcel of Improved Real Property. The summary
description of each parcel of Improved Real Property shall be in such detail
as to permit ready identification of each parcel on the real Property
assessment roll. The information specified above to be included in the
Service Charge Roll shall conform to that maintained by the Property
Appraiser on the real property assessment roll.
12.02 In the event any classification of Improved Real Property
designated in the Rate Resolution requires an individual calculation of a
Service Charge, the Property Appraiser shall calculate and determine such
Service Charge.
12.03 Upon the completion of the preparation of the Service Charge
Roll, the Resource Recovery Board shall at any regular or special meeting,
review the Service Charge Roll prepared by the Property Appraiser for
preparation in conformity with the Rate Resolution. The Resource Recovery
Board shall make such changes or additions as necessary to conform such
Service Charge Roll with the Rate Resolution. If upon the completion of
such review, the Resource Recovery Board shall be satisfied that the
Service Charge Roll has been prepared in conformity with the Rate
Resolution, it shall ratify and confirm such Service Charge Roll and certify
the Service Charge Roll to the Tax Collector for collection.
12.04 On or before October 1 of the Fiscal Year for which the
Service Charge Roll is imposed, the Resource Recovery Board shall cause to
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be prepared an Addendum to the Service Charge Roll containing any parcels
of Improved Real Property not incorporated into she Service Charge Fcl! but
constituting Improved Real Property on the first (1st) day cf January prior
to the Fiscal Year for which the Service Charge is to be imposed. Included
in such Addendum shall be any change in the information specified for each
parcel of property on the Service Charge Roll. Such Addendum to the
Service Charge Roll shall contain such information as required in this
Ordinance for the Service Charge Roll and shall be certified in the manner
provided in this Ordinance for the Service Charge Roll.
12.05 The County Administrator in cooperation with the Tax
Collector and the Property Appraiser shall cause the information contained
in the Service Charge Roll and the Addendum thereto, if any, to be
incorporated into the data processing file maintained by the County so that
the applicable Service Charge can be identified for each individual parcel
of Improved Real Property specified on the real property assessment roll
maintained by the Property Appraiser.
Section 13. BILLING BY TAX COLLECTOR; DELIVERY OF
REPORT- -ON DELINQUENT SERVICE CHARGE.
13.01 The Tax Collector shall mail, to each Owner of Improved Real
Property included on the Service Charge Roll and Addendum, if any, a
notice of the amount of the Service Charge imposed on such Improved Real
Property and advising the Owner of the discounts for early payment.
13.02 Nothing contained in this Ordinance shall be construed or
interpreted to preclude the Resource Recovery Board from submitting, within
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its discretion, 'a separately prepared notice of the Service Charge imposed
or, certain Impreveci Real Property to tKe Cwr.er of such Improved Feal
Property, if in the opinion of the Resource Recovery Board, such procedure
will facilitate the billing and collection of such Service Charges.
Section 14. CORRECTION OF ERRORS AND OMISSIONS;
52Tt Ttr%ri -- - .-. ...
14.01 No act of omission or commission on the part of the Property
Appraiser, Tax Collector, Resource Recovery Board, County Administrator,
or their deputies or employees, shall operate to defeat the payment of the
Service Charge imposed by the Resource Recovery Board under the provi-
sions of this Ordinance, provided, however, that any acts of omission or
commission may be corrected at any time by the officers or party responsible
for them in like manner as provided under this Ordinance for performing
such acts in the first place, and when so corrected they shall be construed
as valid ab initio and shall in no way affect any process by law for the
enforcement of the Service Charge imposed under the provisions of this
Ordinance.
14.02 The Resource Recovery Board shall have the authority, at any
time, upon its own initiative or in response to a petition from any affected
Owner of Improved Real Property , to correct any error of omission or com-
mission in the adoption of any Service Charge Roll or Addendum thereto, if
any, or in the implementation of this Ordinance, including but not limited
to, an error in including any real property on such Service Charge Roll
when such real property is not Improved Real Property within the scope of
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this Ordinance, any error in the calculation of the Service Charge imposed
against any parcel of Improved Real Property and an; error in the classi-
fication of any Improved Real Property based upon the classifications
established in the Rate Resolution and certify such corrections to the Tax
Collector for collection.
14.03 Any Owner of real property may petition the Resource
Recovery Board to correct any asserted error of omission or commission in
relation to his property in the adoption of the Service Charge Roll or any
Addendum thereto or in the implementation of this Ordinance by filing with
the Resource Recovery Board a written petition containing the name of the
Owner, a legal description of the real property affected, a summary
description of the asserted error and the relief requested of the Resource
Recovery Board. The Resource Recovery Board may establish a reasonable
fee for filing such a petition. Such petition shall be considered by the
Resource Recovery Board at any regular or special meeting and certify such
changes and corrections to the Tax Collector for collection. The Resource
Recovery Board may appoint special masters to consider and make
recommendations to it concerning the merits of such petitions.
Section 15. FAILURE TO INCLUDE IMPROVED REAL. PROPERTY
ON SERVICE CHARGE ROLL.
15.01 When it shall appear that any Service Charge might have been
imposed under the provisions of this Ordinance against any parcel of
Improved Real Property, but such parcel of Improved Real Property was
omitted from the appropriate Service Charge Roll, or any Addendum thereto,
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the Resource Recovery Board may, by resolution, impose the applicable
Service Charge for the Fiscal Year in which such error is discovered
p!us
the applicable Service Charge for the prior two (2) Fiscal Years if
such
Improved Property was subject to a Service Charge for each such prior
two
(2) Fiscal Years and certify such changes and corrections to the
Tax
Collector for collection. Changes under this section shall be certified by
the Resource Recovery Board to the Tax Collector for collection. Such
total
Service Charges shall become delinquent if not fully paid upon
the
expiration of sixty (60) days from the date of the adoption of
said
resolution and upon becoming delinquent shall be subject to the penalties
and interest for delinquent Service Charges as provided in Section 8 of
this
Ordinance. Such total Service Charges shall be subject to a discount
for
early payment of four percent (40) if paid within thirty (30) days from
the
date of the adoption of said resolution. The discount provided in
this
section shall be the total discount applicable to such Service Charges
and
the discounts for early payment provided in Section 8 of this Ordinance
shall not be applicable to such Service Charges.
15.02 The total amount of such Service Charges shall constitute,
and
are hereby imposed, as a lien against such Improved Real Property as of
the
first (1st) day of October of the Fiscal Year in which such resolution is
adopted by the Resource Recovery Board.
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Section 16. SERVICE CHARGE TO COVERNMEN T AL AGENCIES.
16.01 All governmental agencies owning Improved Real Froperty
within the District shall pay the Service Charge imposer under the
provisions of this Ordinance under the applicable classification specified
in the Rate Resolution adopted under the provisions of Section 7 of this
Ordinance.
16.02 The discounts for early payment provided for in Section 8
shall be applicable to the Service Charge imposed against Governmental
Agencies owning Improved Real Property.
16.03 The Resource Recovery Board shall have the authority to
enforce the collection of any delinquent Service Charge by the institution
of an appropriate action against the Governmental Agency in a court of
competent jurisdiction for a judgment for the amount due under such Service
Charge, including all penalties, plus costs and a reasonable attorney's fee.
16.04 The provisions of Sections 9 through 11 of this Ordinance
shall not be applicable to the Service Charge imposed against Improved Real
Property owned by any Governmental Agency.
Section 17. APPLICABILITY OF SERVICE CHARGE TO LEASEHOLD
INTERESTS IN IMPROVED REAL PROPERTY OWNED
BY G VER MENTAL AGENCIES; AND TO IMPROVED
REAL PROPERTY LEASED BY A GOVERNMENTAL
AGENCY.
17.01 The provisions of this Ordinance and the Service Charge
imposed by the Resource Recovery Board shall be fully applicable to the
lessee of any leasehold interest in Improved Real Property owned by a
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Governmental Agency, As to such leasehold interests, the provisions cf
Sections 9 through 11 of this Ordinance shall be ccnstrued to create a lien
for such Service Charge on such leasehold only and such lien shall not
attach to the Improved Real Property.
17.02 The provisions of this Ordinance, including, but not limited
to the provisions of Sections 8 through 11, and the Service Charge imposed
by the Resource Recovery Board shall be fully applicable to the private
Owner of any Improved Real Property leased to a Governmental Agency.
Section 18. DISCRETION OF RESOURCE RECOVERY BOARD TO
EXCLUDE CERTAIN AREAS.
18.01 The Resource Recovery Board shall have the power each year
to exclude all Improved Real Property in certain areas of the District from
the Service Charge Roll and any Addendum, if any, and the imposition of
the Service Charge imposed by the provisions of this Ordinance. Such
power shall be exercised within the discretion of the Resource Recovery
Board by the adoption of a resolution specifically describing those areas to
be excluded based upon a consideration of the following factors:
(a) The remoteness of the excluded area renders it impractical for
Improved Real Property located within the excluded area to
dispose of solid waste at the Resource Recovery System;
(b) The existing land use of the excluded area is agricultural or
low density development;
(c) The applicable land use plan of the County designates the
existing and projected land use of the excluded area as
agricultural or low density development;
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(d) The excluded area is not in close proximity to areas
designated on the applicable land use plan as residential and
commercial uses; and
(e) The existing use of the excludea area cannot be anticipated to
change within the near future.
Section 19. APPLICABILITY OF SERVICE CHARGE TO
TAX-EXEMPT IMP OVED EAL P OPERTY.
19.01 The exemption of property from taxation under Chapter 196,
Florida Statutes, or any other law or constitutional provision shall not
relieve the Owner of any Improved Real Property in the District from the
provisions of this Ordinance or from the imposition by the Resource
Recovery Board of the Service Charge applicable to such Improved Real
Property as specified in the Rate Resolution adopted under the provisions of
Section 7 of this Ordinance. The provisions of this Ordinance, including,
but not limited to the provisions of Sections 8 through 11, and the Service
Charge imposed by the Resource Recovery Board shall be fully applicable to
such Improved Real Property.
Section 20. VACANCY ADJUSTMENT FOR COMMERCIAL
IMPROVED REAL P PE
20.01 An Owner of Commercial Improved Real Property shall be
entitled to an adjustment for the Service Charge to be assessed against such
Commercial Improved Real Property if the same is vacant on the first (1st)
day of September prior to the Fiscal Year in which the Service Charge is
assessed and if the same was vacant continuously and uninterruptedly for
the entire six (6) calendar months preceding the first (1st) day of
September of such year.
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ZC.02 In order to be entitled to such adjustment, the Cwner of such
Commercial Improvec! Real Property small file with the k.escurce Recovery
board a petition for an adjustment based upon such vacancy on or before
the fifteenth (15th) day of September prior to the Fiscal Year in which the
Service Charge is imposed. Such petition shall contain the name of the
Owner, a legal description of the Commercial Improved Real Property
affected, the street address of said property, the date said property last
became vacant and the last use of said property prior to becoming vacant.
The Resource Recovery Board may establish a reasonable fee for filing such
a petition. Such petition shall be considered by the Resource Recovery
Board at any regular or special meeting. The Resource Recovery Board may
appoint special masters to consider and make recommendations to it con-
cerning the merits of such petitions. The Owner of the Commercial
Improved Real Property shall have the burden of proving that the Commer-
cial Improved Real Property that is the subject of the petition was vacant
on the first (1st) day of September prior to the Fiscal Year in which the
Service Charge is imposed and was vacant continuously and uninterruptedly
for the entire six (6) calendar months preceding the first (1st) day of
September of such year and shall submit with his petition evidence to
Establish such vacancy.
20.03 If the Resource Recovery Board shall determine that the
Owner of such Commercial Improved Real Property is entitled to a vacancy
adjustment as provided for in this Ordinance, such Commercial Improved
Real Property shall be assessed for the next Fiscal Year the minimum Service
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Charge for Commercial Improved Real Property as adcpted in the Rate
f:esolu tion .
20.04 Such vacancy adjustment shall be effective for only one (1)
Fiscal Year and the Owner of Commercial Improved Real Property shall have
the burden of filing a new written petition with supporting evidence each
year prior to the fifteenth (15th) day of September prior to the Fiscal Year
in which the Service Charge is to be imposed. Failure of any Owner of
Commercial Improved Real Property to file a written petition prior to the
fifteenth (15th) day of September of each year shall result in the loss of
such Owner of the privileges of this section and such Commercial Improved
Real Property shall be assessed the applicable Service Charge against said
Property without any adjustment for vacancy. Any vacancy adjustment
corrections shall be certified by the Resource Recovery Board to the Tax
Collector for ' collection .
Section 21. SEVERABILITY.
21.01 If any section, sentence, clause or phrase of this Ordinance
is held to be invalid or unconstitutional by any court of competent juris-
diction, then said holding shall in no way affect the validity of the re-
maining portions of this Ordinance.
Section 22. INCLUSION IN CODE.
22.01 It is
the
intention of the
Board
of County Commissioners
that
the provisions of
this
Ordinance shall
become
and be made a part of
the
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I3roward County Code; and that the sections of this Ordinance may be renum-
bered or relettered and the word "ordinance" may be changed to "section,"
"article," or such other appropriate word or phrase in order to accomplish
such intentions.
VFM:ed
2/11/87
#87--403
Section 23. EFFECTIVE DATE.
23.01 This Ordinance shall become effective as provided by law.
ENACTED March 10, 1987
FILED WITH DEPARTMENT OF STATE March 16, 1987
EFFECTIVE March 19, 1987
CC.U,NTY OF CRO',:'ARD
C.
r:
Cy; �iG r/�L1 l ,•=.G L�C.C.
-29--
E"KN 16 I T "A"
RESOLUTION NO.
A RESOLUTION ADOPTING A SCHEDULE OF SERVICE
CHARGES TO BE IMPOSED UPON THE OWNERS OF ALL RES-
IDENTIAL AND COMMERCIAL IMPROVED REAL PROPERTY
IN THE BROWARD SOLID WASTE DISPOSAL DISTRICT TO
PROVIDE THE REVENUES TO MEET THE DISPOSAL OBLIGA-
TION REVENUE SHORTFALL ON ACCOUNT OF THE FISCAL
YEAR BEGINNING OCTOBER 1, 19 , AND ENDING
SEPTEMBER 30, 19 ; PROVIDING FOR THE HOLDING OF
A PUBLIC HEARING' AND THE NOTICING THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to authority granted by the Constitution and
laws of the State of Florida, and particularly Chapter 125, Florida
Statutes, Broward County, Florida ( the "County") , and the cities of ( list
Contract Communities] ( the "Contract Communities") have created the
Broward Solid Waste Disposal District (the "District") pursuant to Ordinance
No. adopted by the Board of County Commissioners of the County
on , 1987 ( the "Enabling Ordinance") , and approved by
ordinances adopted by the governing bodies of the respective Contract
Communities; and
WHEREAS, the County and the Contract Communities pursuant to
authority granted by Chapter 163, Florida Statutes, have entered into an
Interlocal Agreement dated November 25, 1986, providing for the disposal of
the solid waste generated within the geographical boundaries of the Contract
Communities and the unincorporated County at the resource recovery system
transfer and disposal facility and facilities referred to in said Interlocal
Agreement; and
is
•
WHEREAS, the County and the Contract Communities have agreed in
the Interlocal Agreement purSUant to authority contained it Sect-Gr,
125.01(5), Florida Statutes, and consistent with the Enabling Ordinance that
the Resource Recovery Board as the governing body of the District shall
impose and collect service charges for the purpose of making up any
disposal obligation revenue shortfall (as such term is defined in the
Interlocal Agreement) projected or incurred by the County in any fiscal
year; and
WHEREAS, pursuant to Section 6.4 of the Interlocal Agreement and
Section 7 of the Enabling Ordinance, the Resource Recovery Board has
determined that a disposal obligation revenue shortfall is projected to
occur in the fiscal year beginning October 1, 19_ and ending
September 30, 19—, and proposes that the schedule of service charges set
forth in Appendix A to this Resolution be imposed as therein provided to
meet such disposal obligation revenue shortfall; NOW, THEREFORE,
BE IT RESOLVED BY THE RESOURCE RECOVERY BOARD OF THE
BRCWARD SOLID WASTE DISPOSAL DISTRICT:
Section
1. The findings contained in the
preambles to this
Resolution are
hereby approved
and adopted.
Section
2. The service
charges set forth in
and to be imposed as
provided by Appendix
A to this
Resolution are hereby
approved and adopted
to be imposed
and collected as
provided herein and
in the Enabling Ordi-
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nance; provided, however, that such service charges may not he imposed
and collected until the public hearing provided for in Section 3 1-ereuf has
been noticed ana held.
Section 3. Notice of public hearing of the adoption of this
Resolution shall be published in P a
newspaper of general circulation in the County at least twice with the first
publication being at least twenty (20) days prior to the date of public
hearing. The notice shall be in substantially the following form:
NOTICE OF PUBLIC HEARING
A public hearing will be held in ,
in the City of Florida, on
19 at the hour of
.m.
The purpose of the public hearing will be for
interested parties particularly persons to be affected by
the imposition of service charges for solid waste disposal
services within the Broward Solid Waste Disposal District
consisting of the cities of [list Contract Communities] and
unincorporated Broward County to make comment to the
Resource Recovery Board of said District as to such service
charges. Such service charges are to be imposed and
collected within the District for the fiscal year beginning
October 1, 19_, and ending September 30, 19 , for the
purpose of making up incurred or projected disposal
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oblication revenue shortfalls associated with the resource
recovery system which serves to provide soli6 waste dis-
posal services to the District.
Copies of the rate resolution containing a schedule of
service charges which will be adopted by the Resource
Recovery Board at the conclusion of the public hearing will
be available for examination by interested parties at
in the City of
Florida, between the hours of
a.m. and p.m. on Monday through
Friday to and including
19
BROWARD SOLID WASTE DISPOSAL
DISTRICT
CHAIRMAN OF THE RESOURCE
RECOVERY BOARD
Section 4. Section 3 of this Resolution shall become effective
immediately. The balance of this Resolution, including Appendix A hereto,
shall become effective immediately upon adoption following the public
hearing provided for in said Section 3.
ADOPTED the day of , 19
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APPENDIX A
Schedule of Service Charges to be Imposed
in the Broward Solid Waste Disposal District
for the Fiscal Year
October 1, 19_ to September 30, 19_, inclusive.
Section 1. Definitions. The definitions contained in Section 2
of the Enabling Ordinance are incorporated herein by reference. The
following terms used herein shall have the following meanings:
"Base Rate" means $
"Billing Unit" means the number of units established for each
classification of Nonresidential Improved Real Property which, when
multiplied by the Base Rate produces the annual Service Charge.
"Nonresidential Improved Real Pro ert " means all commercial
(except for hotels -motels) , industrial, institutional, agricultural,
government -owned and miscellaneous improved real property as so classified
on the records maintained by the Property Appraiser.
1I.Residential Improved Real Property" means all single family,
mobile homes, multifamily -less than 10 units, multifamily-10 units or more,
condominium, cooperatives, and retirement homes plus commercial improved
real property classified as hotels -motels as so classified on the records
maintained by the Property Appraiser.
"Square Feet" means the size of the buildings, structures or other
improvements . located on each parcel of Nonresidential Improved Real
Property as shown on the records maintained by the Property Appraiser.
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Section 2. Determination, of Billing Units
fcr Nonresidential.
A. Billing Units of Stores, 1 story up to Square
Feet; Stores and Office, or residential combination up to Square Feet;
Office Buildings, 1 story up to Square Feet; Office Buildings, Multi-
story up to Square Feet; Professional Buildings, Airports, Private,
Commercial up to Square Feet; Restaurants and Cafeterias up to
Square Feet; Drive-in Restaurants up to Square Feet; Financial
Institutions (Banks, Savings and Loan Companies, Mortgage Companies) up
to Square Feet; Insurance Company National Regional Offices up to
Square Feet; Service Shops, Radio and T.V. Repair, Refrigeration Service,
Paint Shops, Electric Repair, Laundries up to Square Feet; Service
Stations up to Square Feet; Auto Sales, Repair and Storage, Auto
Service Shops, Body and Fender Shops, Garages (Commercial), Farm
Machinery Sales & Services up to Square Feet; Florist, Greenhouses up
to Square Feet; Theaters (Drive-in), Stadiums (Not enclosed) up to
Square Feet; Theaters (Enclosed), Auditoriums ( Enclosed) up to
Square Feet; Night Clubs, Cocktail Lounges, Bars up to Square Feet;
Bowling Alleys, Skating Rinks, Pool Halls, Arenas (Enclosed) up to
Square Feet; Camps up to Square Feet; Light Manufacturing, Small
Equipment Manufacturing Plants, Small Machine Shops, Instrument
Manufacturing, Printing Plants up to Square Feet; Lumber Yards,
Sawmills, Planning Mills up to Square Feet; Packing Plants, Fruit and
Vegetable Packing Plants, Meat Packing Plants up to Square Feet;
Canneries, Fruit and Vegetable, Bottlers and Brewers Distilleries, Wineries
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up to Square Feet; Other Food Processing, Candy Factories, Bakeries,
Potato Chip Factories up to Square Feet; ,%tineral Processing, Phut ;hate
Processing, Cement Plants, Refineries, Clay Plants, Rock and Gravel Plants
up to Square Feet; Warehousing, Distribution Terminals, Trucking
Terminals, Van and Storage Warehousing up to Square Feet; Open
Storage, New and Used Building Supplies, Junk Yards, Auto Wrecking, Fuel
Storage, Equipment and Material Storage up to Square Feet; Poultry,
Bees, Tropical Fish up to Square Feet; Dairies, Feed Lots up to
Square Feet; Churches up to Square Feet; Schools, Colleges Private up
to Square Feet; Homes for the Aged up to Square Feet;
Orphanages up to Square Feet; Mortuaries, Cemeteries, Crematoriums
up to Square Feet; Clubs, Lodges, Union Halls up to Square Feet;
Utility, Gas and Electricity, Telephone and Telegraph, Railroads, Water and
Sewer Service, Pipelines, Canals up to Square Feet; and Petroleum and
Gas up to Square Feet.
B. Billing Units of Stores, I story from to
Square Feet; Stores and Office, or residential combination from to
Square Feet; Office Buildings, 1 story from to Square Feet; Office
Buildings, multi -story from to Square Feet; Professional
Buildings, Airports, private, commercial from to Square Feet;
Restaurants and Cafeterias from to Square Feet; Drive-in
Restaurants from to Square Feet; Financial Institutions (Banks,
Savings and Loan Companies, Mortgage Companies) from to Square
Feet; Insurance Company National Regional Offices from to Square
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Feet; Service Shops, Radio and T.V. Repair, Refrigeration Service, Paint
Shops, Electric Repair, Laundries from to Square Feet; Servic4
Stations from to Square Feet; Auto Sales, Repair anti Storage,
Auto Service Shops, Body and Fender Shops, Garages (Commercial), Farm
Machinery Sales S Services from to Square Feet; Florist,
Greenhouses from to Square Feet; Theaters (Drive-in), Stadiums
(Not enclosed) from to Square Feet; Theaters (Enclosed),
Auditoriums (Enclosed) from to Square Feet; Nicht Clubs, Cocktail
Lounges, Bars from to Square Feet; Bowling Alleys, Skating
Rinks, Pool Halls, Arenas (Enclosed) from to Square Feet; Camps
from to Square Feet; Light Manufacturing, Small Equipment
Manufacturing Plants, Small Machine Shops, Instrument Manufacturing,
Printing Plants from to Square Feet; Lumber Yards, Sawmills,
Planning Mills from to Square Feet; Packing Plants, Fruit and
Vegetable Packing Plants, Meat Packing Plants from to Square
Feet; Canneries, Fruit and Vegetable, Bottlers and Brewers Distilleries,
Wineries from to Square Feet; Other Food Processing, Candy
Factories, Bakeries, Potato Chip Factories from to Square Feet;
Mineral Processing, Phosphate Processing, Cement Plants, Refineries, Clay
Plants, Rock and Gravel Plants from to Square Feet; Warehousing,
Distribution Terminals, Trucking Terminals, Van and Storage Warehousing
from to Square Feet; Open Storage, New and Used Building
Supplies, Junk Yards, Auto Wrecking, Fuel Storage, Equipment and Material
Storage from to Square Feet; Poultry, Bees, Tropical Fish from
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to Square Feet; Dairies, Feed Lots from to _—_ Square Feet;
Churches from to ---_ Square Feet; Schouls, Collec:es Private from
to Square Feet; Homes for the Aged from to __ Square Feet;
Orphanages from to Square Feet; Mortuaries, Cemeteries,
Crematoriums from to Square Feet; Clubs, Lodges, Union Halls
from to Square Feet; Utility, Gas and Electricity, Telephone and
Telegraph, Railroads, Water and Sewer Service, Pipelines, Canals from
to Square Feet; and Petroleum and Gas from to `'quare Feet.
C. Billing Units of Stores, 1 story in excess of
Square Feet; Stores and Office, or residential combination in excess of
Square Feet; Office Buildings, 1 story in excess of Square Feet; Office
Buildings, multi -story in excess of Square Feet; Professional
Buildings, Airports, private, commercial in excess of Square Feet;
Restaurants and Cafeterias in excess of Square Feet; Drive-in
Restaurants in excess of Square Feet; Financial Institutions (Banks,
Savings and Loan Companies, Mortgage Companies) in excess of Square
Feet; Insurance Company National Regional Offices in excess of Square
Feet; Service Shops, Radio and T.V. Repair, Refrigeration Service, Paint
Shops, Electric Repair, Laundries in excess of Square Feet; Service
Stations in excess of Square Feet; Auto Sales, Repair and Storage,
Auto Service Shops, Body and Fender Shops, Garages (Commercial), Farm
Mach -very Sales & Services in excess of Square Feet; Florist,
Greenhouses in excess of Square Feet; Theaters (Drive-in), Stadiums
(Not enclosed) in excess of Square Feet; Theaters (Enclosed),
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Auditoriums (Enclosed) in excess of Square Feet; Night Clubs, Cocktail
Lounges, Bars in excess of Square Feet; Eowlir.c; Alleys, `_l,;Air.g
Rinks, Pool Halls, Arenas (Enclosed) in excess of Square Feet; Camps
in excess of Square Feet; Light Manufacturing, Small Equipment
Manufacturing Plants, Small Machine Shops, Instrument Manufacturing,
Printing Plants in excess of Square Feet; Lumber Yards, Sawmills,
Planning IVills in excess of Square Feet; Packing Plants, Fruit and
Vegetable Packing Plants, Meat Packing Plants in excess of Square
Feet; Canneries, Fruit and Vegetable, Bottlers and Brewers Distilleries,
Wineries in excess of Square Feet; Other Food Processing, Candy
Factories, Bakeries, Potato Chip Factories in excess of Square Feet;
Mineral Processing, Phosphate Processing, Cement Plants, Refineries, Clay
Plants, Rock and Gravel Plants in excess of Square Feet; Warehousing,
Distribution Terminals, Trucking Terminals, Van and Storage Warehousing in
excess of Square Feet; Open Storage, New and Used Building Supplies,
Junk Yards, Auto Wrecking, Fuel Storage, Equipment and Material Storage
in excess of Square Feet; Poultry, Bees, Tropical Fish in excess of
Square Feet; Dairies, Feed Lots in excess of Square Feet;
Churches in excess of Square Feet; Schools, Colleges Private in excess
of Square Feet; Homes for the Aged in excess of Square Feet;
Orphanages in excess of Square Feet; Mortuaries, Cemeteries,
Crematoriums in excess of Square Feet; Clubs, Lodges, Union Halls in
excess of Square Feet; Utility, Gas and Electricity, Telephone and
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Telegraph, Railroads,
6,ater and Sewer
Service,
Pipelines,
Canals in
excess
of Square Feet;
and Petroleum and
Cas in excess
cf
Square
Feet.
Section 3. Certain Improved Real Property
ub'ect to Individual alculation.
The following Nonresidential Improved Real Property shall pay an
annual Service Charge equivalent to the appropriate category of
Nonresidential Improved Real Property based upon an individual
determination of the annual volume of solid waste generated by the
particular parcel of Nonresidential Improved Real Property. The individual
determination of annual volume of solid waste generated by the particular
parcel of Nonresidential Improved Real Property shall be calculated based
upon the size of the container and collection frequency used, or
recommended for use, by the particular parcel of Nonresidential Improved
Real Property.
INDIVIDUAL CATEGORY: Department Stores; Supermarkets; Shop-
ping Centers (Regional); Shopping Centers (Community) ; Marinas; Wholesale
Outlets, Produce Houses, Manufacturing Outlets; Tourist Attractions, Per-
manent Exhibits; Race Tracks, Horse, Auto or Dog; Jai Alai Frontons; Golf
Courses, Driving Ranges; Heavy Industrial, Heavy Equipment Manufactur-
ing, Large Machine Shops, Foundries, Steel Fabricating Plants, Auto or
Aircraft Plants; Hospitals Privately Owned; Military; Schools --Public County
include all property of Board of Public Instruction; Government -owned
Colleges; Government -owned Hospitals; Counties other than Public Schools,
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Colleces, Hospitals; State other than Wilitary Forests, Parks, Recreaticnal
Areas, Colleges, Hospitals; Federal other than Nlilit&ry, Forests, Parks,
Recreational Areas, Hospitals, Colleges; Municipal other than Parks,
Recreational Areas, Colleges, Hospitals; and Leasehold Interests.
Section 4. Specific Service Charges.
A. Im roved Real Property.
1. Single Family Residence
$
per
unit
per year
2. Mobile Homes
$
per
unit
per year
3. Multi -Family --less than
10 Units
$
per
unit
per year
4. Multi-Family---10 units
or more
$
per
unit
per year
5. Condominium Residence
$
per
unit
per year
6. Cooperative Residence
$
per
unit
per year
7. Retirement Home
$
per
unit
per year
8. Hotels-h-lotels
$
per
unit
per year.
B. Nonresidential ITproved Real Pro
ert .
Base Rate per Billing Unit per year.
C. Certain Im roved Real Property —
individual Calculation.
Base Rate per Billing Unit
per year
with the
number of
Billing Units for each such parcel of
Improved
Real Property
in this category being calculated
by
multiplying the
individual determination of the annual
volume
generated based
upon cubic yards per week by
VFM:eb
2/12/87
#87-403
Ewa
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EXHIBIT E
ORDINANCE NO.
AN ORDINANCE APPROVING THE TERMS AND
CONDITIONS OF ORDINANCE NO. , ADOPTED
BY THE BOARD OF COUNTY COMMISSIONERS OF
BROWARD COUNTY, FLORIDA, ON , 1986
AND THEREBY EVIDENCING THE ELECTION OF THE
CITY OF , FLORIDA, TO BECOME A
MEMBER OF THE BROWARD SOLID WASTE DISPOSAL
DISTRICT AND PROVIDING AN EFFECTIVE DATE.
WHMZE.aS, because of the contour, elevation and high ground
water level of Broward County, Florida (the "County"), disposal
of solid waste through means other than landfills has been
encouraged; and
WHEREAS, the Legislature of the State of Florida has
discouraged the dumping or burying of solid waste matter and
the use of sanitary landfills as the sole method of disposal of
solid waste; and
WHEREAS, because of environmental concerns with utilizing
of landfilling as the sole method of disposal of solid waste
generated by the residents and visitors of the County, certain
municipalities within the County and the County have sought a
joint solution to such concerns; and
WHEREAS, in furtherance of addressing the problems created
by the disposal of solid waste, certain municipalities within
the County (the "Contract Communities") have entered into an
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Interlocal Agreement, dated :November 25, 1986 (the "Interlocal
Agreement"), with the County which provides for, among other
things, the disposal of solid waste within the Contract
Communities and the unincorporated areas of the County; and
WHEREAS, Section 5.1 of the Interlocal Agreement provides
that there shall be created a special district pursuant to
Section 125.01(5), Florida Statutes, which special district
will be created by ordinance of the Hoard of County
Commissioners of Broward County, Florida (the "Board") and
approved by ordinance of each Contract Community; and
WHEREAS, Section 125.01(5), Florida Statutes, further
provides that within each special district there may be
provided municipal services and facilities from funds derived
from service charges, special assessments or taxes within the
special district only.
NOW, THEREFORE, be it ordained by the [governing body
of Contract Community], Florida, that:
Section 1. Findings.
The findings set forth in the foregoing preamble to this
Ordinance are hereby approved and confirmed.
Section 2. Definitions.
For the purpose of this Ordinance, the definitions
contained in the Interlocal Agreement shall apply unless
otherwise specifically stated in this Section. When not
inconsistent with the context, words used in the present tense
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include the future, words in the plural number include the
singular and words in the singular number include the plural.
The word "shall" is always mandatory and not merely directory.
(a) Contract _ Communities. The term "Contract
Communities" shall refer to the municipal corporation or
corporations existing under the laws of the State of Florida
located within the County that from time to time enter into the
Interlocal Agreement.
(b) County. The word "County" shall refer to
Broward County, Florida, a political subdivision of the State
of Florida.
(c) In rl cal Agreement. The term "Interlocal
Agreement" shall refer to that certain Interlocal Agreement,
dated November 25, 1986, by and among the County and the
Contract Communities, as amended or supplemented from time to
time pursuant to the provisions of the Interlocal Agreement.
(d) Resource Recovery Board. The term "Resource
Recovery Board" shall refer to the governing board of the
Special District.
(e) District. The word "District" shall refer to
the Broward Solid Waste Disposal District created by the County
pursuant to Ordinance No.
Section 3. ADoroval of Creation of District.
(a) The creation of the District and the
establishment of the Resource Recovery Board as the governing
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board of the District and the terms and conditions of Ordinance
No. approved by the Board of County Commissioners on
198_ are hereby approved thereby evidencing the
election of the City of , Florida to become a member
of the District.
(b) The Resource Recovery Board shall have such
powers and rights as are granted to it pursuant to the
Interlocal Agreement and Ordinance No. adopted by the
Board of County Commissioners on , 198.
Section 4. Effective Date. This Ordinance shall
become effective immediately upon compliance with any statutory
requirements relating to notice and publication hereof.
DONE AND ADOPTED in regular session this day of
198_.
CJ
By:
( GOVERNING BODY]
Title:
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EXHIBIT F
County's Costs of Meeting its Disposal
Obligation Under the Interlocal A reement
1. The Service Fees and other costs and Passthroughs
(all as defined in the service agreements) to be paid by the
County to the full service contractors under the service
agreements.
Z. Costs and expenses, including debt service,
associated with the County providing contingency landfill
facilities.
3. Reserves to be maintained by the County for
contingencies and working capital shortfalls.
4. County administrative expenses, including, but not
limited to, expenses associated with the Resource Recovery
Board, the retaining of special consultants, County staff and
engineering support services and maintaining lands acquired by
the County for environmental mitigation purposes.
0
Page 2 of 2
10 S. The tipping fee for processable waste specified in
Section 6.2(a) of the Agreement was based in part on the
following assumptions being accurate as of the date that the
initial northern and southern facilities begin operations:
a. Both the initial northern and southern facilities
will be constructed with electrostatic
precipitators meeting an outlet particulate
loading of 0.02 gr/dscf at 12% COZ_ No acid gas
controls are assumed;
b. The rate paid the northern and southern facilities
full service contractors by the purchaser of
electrical energy will be $0.0365 and $0.0551 per
Kilowatt hour respectively; and
C. The average annual interest rate on the Broward
County Resource Recovery Revenue Bonds, Series
1984, is eight percent.
6. Differences in the assumptions listed in paragraph S of
this Exhibit F which increase the COUNTY's costs of meeting its
disposal obligation pursuant to provisions of construction
contracts and service agreements shall be considered in making
the one time adjustment to the tipping fee for processable waste
as specified in Section 6.2(b) of the Agreement.
[-I
STATE OF FLORIDA )
SS
COUNTY OF BROWARD )
I, L. A. HESTER, County Administrator,
in and for Broward County, Florida, and Ex-Officio Clerk
of the Board of County Commissioners of said County,
DO HEREBY CERTIFY that the above and foregoing is a"true
and correct copy of an Interloral Agreement for Solid Waste Disp sal
Service between Broward County and City of Tamarac
as the same appears of record in the Minutes of a meeting
of said Board of County Commissioners held on 31st day of
March 19 87
IN WITNESS WHEREOF, I have hereunto set
my hand and official seal this / day of June ,1987
L. A. HESTER
COUNTY ADMINISTRATOR
B y ' "4"
D uty Clerk
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