1994-027 Interlocal Agreement w/Solid Waste Authorityt RESOLUTION NO. 27-94
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE SOLID WASTE
AUTHORITY OF PALM BEACH COUNTY FOR THE PURPOSE OF ESTABLISHING
A DESIGNATED SOLID WASTE DISPOSAL FACILITY FOR THE DISPOSAL OF ALL
MUNICIPAL SOLID WASTE COLLECTED BY OR ON BEHALF OF THE VILLAGE,
WHICH INTERLOCAL AGREEMENT IS ATTACHED AS EXHIBIT "A"; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village of North Palm Beach is desirous of entering into an
Interlocal Agreement with the Solid Waste Authority of Palm Beach County for
the purpose of establishing a designated solid waste disposal facility for the
disposal of all municipal solid waste collected by or on behalf of the Village of
North Palm Beach.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH,
FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach does
hereby approve the Interlocal Agreement with the Solid Waste Authority of Palm
' Beach County relative to a designated solid waste disposal facility. A copy of
the Interlocal Agreement is attached ae Exhibit "A".
Section 2. The Mayor and Village Clerk are hereby authorized and
directed to execute the Interlocal Agreement with the Solid Waste Authority of
Palm Beach County set forth in Exhibit "A" for and on behalf of the Village of
North Palm Beach.
Section 3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 14TH DAY OF JULY , 1994.
(Village Seal)
ATTEST:
~~
Village Clerk
v ~J,52y Q~
Mayor
INTERLOCAL AGREEMENT FOR THE DELIVERY OF
' MUNICIPAL SOLID WASTE TO A DESIGNATED FACILITY
/7~ ~uju3~'
THIS AGREEMENT, made and entered into this day of~, 1994 by and
between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependent
special district created pursuant to Chapter 75-473, Laws of Florida, as amended,
hereinafter called "Authority", and the VILLAGE OF NORTH PALM BEACH, a municipal
corporation, chartered and organized in accordance with the laws of the State of Florida,
hereinafter called "Village", to establish a designated solid waste disposal facility for the
disposal of ail municipal solid waste collected by or on behalf of the Village.
WITNESSETH:
WHEREAS, the Village provides for the collection of solid waste from the residents and
businesses within its boundaries; and
WHEREAS, the Village recognizes the need for safe and sanitary processing and
disposal of solid waste; and
WHEREAS, the Village wishes to participate in a coordinated County-wide program for
the management of hazardous waste and control of solid waste processing and disposal
in cooperation with federal, state, and local agencies responsible for the prevention,
control, or abatement of air, water, and land pollution; and
WHEREAS, the Village together with Palm Beach County recognizes the need to plan
and develop an adequate solid waste system for the benefit of all the residents of Palm
Beach County; and
WHEREAS, the Village recognizes the importance of the availability of environmentally
responsible solid waste disposal facilities; and
WHEREAS, the Village recognizes that the Authority's disposal system and infrastructure
was established ,and said infrastructure is available, for the use and betterment of all
municipalities within Palm Beach County and the County; and
WHEREAS, the Village recognizes the cost of existing disposal infrastructure has been
paid for with revenue bonds, and residents and businesses are presently paying tipping
fees and assessments to retire these bonds.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter
contained to be kept and pertormed by the parties hereto, and for the mutual benefit of
the Village, its constituents and the Authority, It is agreed as follows:
' 1. The Village agrees that all solid waste collected within the Village's boundaries
shall be disposed a't an Authority operated fatality or Authority permitted facility, in
accordance with this Agreement. ~:
2. Village agrees to cooperate with the Authority to provide all necessary and
required information to the Authority so that the Village and the Authority can
determine if the Village's solid waste is being delivered to the designated facility,
when such information is available.
3. The Authority agrees to maintain Its disposal fatality to ensure adequate capacity
for the Village's waste and to operate within all applicable local, state and federal
environmental guidelines.
4. The Authority agrees to defend any legal challenge to this interlocal agreement.
5. Compliance with Zoninc Ordinances
Any transfer and/or disposal of solid waste shall be undertaken in a location
suitable and adequate for such activity and shall comply with all local zoning
ordinances and any other applicable local and state statutes, ordinances and
regulations.
' 6. Waste Disposal Reouirements
All solid waste collected by or on behalf of the Village shall be disposed of at an
Authority operated or permitted facility in accordance with the criteria established
for acceptance of loads deemed suitable for processing at the designated facilities,
as set forth in Attachment A.
7. Term
This Agreement shall begin the date herein above and continue through
September 30, 2010. Notwithstanding termination, any rights or duties imposed
by law shall remain in effect.
8. This Agreement may be modified or terminated only by the mutual written consent
of both parties.
9. In the event any change in law abrogates or modifies any provisions or
applications of this Agreement, the parties hereto agree to enter into good faith
negotiations and use their best efforts to reach a mutually acceptable modification
of this Agreement.
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10. All formal notices affecting the provisions of this Agreement shall be delivered in
' person or be sent by registered or certified mall to the individual designated below,
until such time as either party furnishes the other party written instructions to
contact another Individual:
For the Authority:
Solid Waste Authority of Palm Beach County
7501 N. Jog Road
West Palm Beach, Florida 33412
Attention: Executive Director
For the Village:
Village of North Palm Beach
501 U.S. Highway One
North Palm Beach. Flortda 33408
Attention: Dennis W. Ke y, anager
11. If any clause, section, or provision of this Agreement shall be declared to be
unconstitutional, invalid or unenforceable for any cause or reason, or is abrogated
or negated by a change in law, the same shall be eliminated from this Agreement,
' and the remaining portion of this Agreement shall be in full force and effect and
be valid as if such invalid portions thereof had not been incorporated herein.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement
effective as of the day and year first above written:
As to the Authority:
WITNESSES:
~"-
SOLID WASTE AUTHORITY OF
PALM--B~EAC~HQCOUNT[Y
L~01~~ ~~G~IiwvV
Donald L. Lockhart
Executive Director
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ATTEST:
ATTEST:
SOLID WASTE AUTHORITY OF
PALM~BE~ACH COUNTY
/''~(/ ~ -
Cha1r
As to the Village:
VILLAGE OF NORTH PALM BEACH
illage Clerk Mayo
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Legal Counsel
Solid Waste Authority
of Palm Beach County
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Villag Attor y
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