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HomeMy WebLinkAboutR-92-05 RESOLUTION NO. R-92-05 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, PERTAINING TO CURBSIDE RECYCLING; PROVIDING AUTHORITY TO ENTER INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO JOINTLY DEVELOP AND IMPLEMENT A CURBSIDE RECYCLING PROGRAM PURSUANT TO THE SOLID WASTE MANAGEMENT ACT OF 1988; PROVIDING FOR REPEAL OR RESOLUTIONS OR PARTS OR RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the 1988 Session of the Florida Legislature has enacted Solid Waste Management Act (the "Act") pertaining to solid waste resource recovery and management; and WHEREAS, the Act has promulgated a statewide goal to reduce the amount of solid waste being disposed of at solid waste management facilities by at least thirty percent (30%) by 1994; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, has the responsibility and power to provide for the operation of solid waste disposal facilities to meet the needs of all incorporated and unincorporated areas of the County; and WHEREAS, the City of Sebastian may not operate a solid waste disposal facility unless it can demonstrate by a preponderance of the evidence that the use of a County designated facility, when compared to alternatives proposed by the City of Sebastian, places a significantly higher and disproportionate financial burden on the citizens of the City when compared to the financial burden placed on persons residing within the County but outside of the City; and WHEREAS, Indian River County has established a curbside recycling program for Indian River County, including properties within the City of Sebastian; and WHEREAS, the City Council finds it in the best interest of the City of Sebastian to participate in the Indian River County curbside recycling program; and WHEREAS, the citizens of the City of Sebastian as well as those residing in unincorporated Indian River County would jointly benefit from the participation and cooperation of the City and the County in a single program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA as follows: SECTION 1. AGREEMENT. The City of Sebastian, Indian River County, Florida, does hereby agree to enter into an Agreement with the Board of County Commissioners of Indian River County, identified as Exhibit "A" to this Resolution, and incorporated herein. SECTION 2. EXECUTION. The Mayor and City Clerk of the City of Sebastian is hereby directed to execute the Agreement described herein as agent for the Town. SECTION 3. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage. 2 The foregoing Resolution was moved for adoption by Councilman ___~~~' _. The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor W.E. Conyers Vice Mayor Frank Oberbeck Councilman Peter Holyk Councilman Lonnie Powell Councilman George Reid The Mayor thereupon declared this Resolution duly passed and . / / by: ATTEST: Kathr~h ~. O'Halloran, CMC/AAE City Clerk CITY OF SEBASTIAN, FLORIDA ~E, Coffy~ Mayor Approved as to Form and Content: ~~ At~ney 3 INTERLOCAL AGREEMENT This Agreement, entered into this ~ day of~~ , 199~, by and between the City of Sebastian (hereinafter refWrred to as the CITY) and Indian River County - Solid Waste Disposal District- (hereinafter referred to as the SWDD). WHEREAS, the Statewide goal of the Solid Waste Management Act of 1988 (hereinafter referred to as the "Act") is to reduce the amount of municipal solid waste being disposed of at solid waste management facilities by at least 30 percent by 1994; and WHEREAS, in an effort to reach this goal the Act requires coun- ties to develop and implement recycling programs within their ju- risdictions to return valuable materials to productive use, to conserve energy and natural resources, and to preserve capacity at solid waste management facilities; and WHEREAS, the SWDD, in its annual budget for fiscal year 1991-92, has budgeted for contractual services for implementation of a curbside recycling program for all single family residences lo- cated within the SWDD; and WHEREAS, the SWDD is currently negotiating a contract with the two county franchised waste transporters to implement the curb- side recycling program by April 1, 1991; and WHEREAS, the CITY, by approval of its governing body, has joined and is a part of the SWDD; and WHEREAS, it 'is intended that the curbside recycling program that is to be contracted and implemented by the SWDD, service those residences within the municipalities that have joined and are a part of the SWDD; and WHEREAS, the CITY currently does not operate and maintain its own recycling program for single family residences; and WHEREAS, the single family residences within the CITY are as- sessed for the curbside recycling program that the SWDD intends to implement; and WHEREAS, it is the desire of the CITY to participate in the SWDD's curbside recycling program. Now therefore, the SWDD and the CITY hereto mutually agree as follows: This Agreement shall be effective from the date it is filed with the Clerk of the Circuit Court of Indian River County and shall remain in effect until modified by subsequent Agreement. The Agreement may be terminated in writing by either party prior to the beginning of each fiscal year (Oc- tober 1) with sixty (60) days written notice. The SWDD shall include in its contractual services for sin- gle family residential curbside recycling, service to those single family residences located within the CITY. The CITY agrees to the service to be provided by the SWDD and shall reasonably cooperate with the SWDD in the imple- mentation and operation of the service. The CITY shall reasonably cooperate with the SWDD in (a) providing information necessary for completion of the SWDD's annual report to FDER on recycling activities as required by Section 403.706(7) Florida Statutes and (b) developing a re- cycling program for the SWDD and the CITY. Page 2. The SWDD's and CITY's recycling programs shall also include a public education program to promote recycling. ~,-~ .... ~' Any notice that may be extended, by one party?~0 the other pursuant to, or as a result of, this Agreement"shall be ex- tended by regular, first class, United States~'mailf.~po~.gge prepaid or by hand delivery as follows: To the CITY: Robert McClary city Manager Ci%y of Sebastian 1225 Main Street Sebastian, FL 32958 To the SWDD: Ronald R. Brooks Solid Waste Disposal District 1840 25th Street Vero Beach, FL 32960 Any party to this Agreement may unilaterally redesignate the ad- dress Of or person to whom notice is to be directed by giving no- tice to all other parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers the day and year first above written. ATTEST CITY OF SEBASTIAN ATTEST ~~ayj - BOARD OF COMMISSIONERS SOLID WASTE DISPOSAL DISTRICT INDIAN RIVER COUNTY, FLORIDA