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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. ~J 2 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 3 1 ATTEST: ATTEST: SOLID WASTE AUTHORITY OF PALM~BE~ACH COUNTY /''~(/ ~ - Cha1r As to the Village: VILLAGE OF NORTH PALM BEACH illage Clerk Mayo 1 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 4