1989-16
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INTERLOCAL AGREEMENT FOR SOLID WASTE DISPOSAL
89-01(P
This Interlocal Agreement (the "Agreement"), by and between
Lake County, Florida (the "County"), and the City of Clermont (the
"City"), is dated as of June 13, 1989.
RECITALS
The County by its board of County Commissioners (the "Board")
has entered into an agreement (the "Service Agreement") with
NRG/Recovery Group, Inc. ("NRG") for the construction and opera tion
in Lake County, Florida, of a solid waste disposal resource
recovery facility (the "Facility"). The Service Agreement provides
that the County will deliver a guaranteed amount of waste to the
Facility each year and will pay a service fee for disposal of such
waste whether or not the County delivers it.
In order to provide for the delivery by the County of its
guaranteed tonnage of waste to the Facility, the County has enacted
an ordinance (the "Waste Flow Ordinance") requiring the delivery
of solid waste in the County to such solid waste disposal
facilities as the County designates. In addition, in order to
provide for the payment by the County of amounts due under the
Service Agreement and other solid waste disposal costs of the
County, the County has enacted an ordinance (the "Special
Assessments Ordinance") permitting the County to impose special
assessments on improved real property in the County.
The City has determined to enter into this Agreement with the
County in order to provide for the disposal of solid waste
generated within the boundaries of the City and for the payment of
the costs of disposal of such waste.
The Service Agreement and this Agreement are in the best
interests of the residents of the city and promote the health,
safety, and welfare of the residents of the City.
This Agreement is an interlocal agreement
pursuant to Section 163.01, Florida Statutes,
Interlocal Corporation Act of 1969, as amended.
entered into
the Florida
NOW, THEREFORE, for good and valuable
County and the City agree as follows:
consideration,
the
1. The purpose of this Agreement is to implement the
provisions of the Service Agreement, the Waste Flow Ordinance apd
the Special Assessments Ordinance for the benefit of the City and
the County. It is the intent of the County in entering into the
Service Agreement to provide for the disposal at the/facility of
all solid waste in the County, including solid waste in the City,
which can be processed at the Facility. Accordingly, it is the
intent of the City and the County that sufficient solid waste of
the type which can be processed at the Facility be delivered
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to the Facility so that the Facility is operating at its capacity.
2. The City agrees to the implementation and enforcement by
the County of the Waste Flow Ordinance wi thin the boundaries of the
City, without any further action required to be taken by the City.
Accordingly, the City shall deliver, or cause to be delivered, all
solid waste (as defined in the Waste Flow Ordinance, "solid waste")
generated within the boundaries of the City to the solid waste
disposal facilities designated by the County pursuant to the Waste
Flow Ordinance. The terms and provision of the Waste Flow
Ordinance are hereby incorporated by reference and made a part
hereof.
Actions which the City may be required to take in order to
implement this Agreement include, without limitation, the enactment
of non-exclusive franchise laws regulating persons who haul solid
waste generated within the boundaries of the City and providing
that such haulers, as a condition to maintaining their franchise,
deliver solid waste collected by them to solid waste disposal
facilities designated by the County.
3. The Ci ty acknowledges and agrees that in order to provide
for the payment of the County's solid waste disposal costs,
including the County's costs of the Facility and its other solid
waste disposal facilities, the County may impose a tipping fee or
other charge at the Facility or at other solid waste disposal
facilities of the County. Tipping fees and other charges
established by the County for the Facility and the other solid
waste disposal facilities of the County shall be determined by the
County in its discretion, taking into consideration, among other
matters, the solid waste disposal costs of the County and the
different types of waste delivered for disposal: provided, however,
that solid waste generated within the boundaries of the City shall
not be charged a tipping fee higher than the tipping fee charged
for any other solid waste of the same type.
4. The County shall use its best efforts to provide a solid
waste landfill for the disposal of (i) residue derived from solid
waste delivered to the Facility, including City waste, and (ii)
solid waste generated wi thin the boundaries of the City which
cannot be processed at the Facility, other than Hazardous Waste (as
defined in the Service Agreement).
5. The City acknowledges that solid waste may be delivered
to the Facility only in accordance with the terms and provisions
of the Service Agreement, which are incorporated herein and made
a part hereof. This Agreement shall be in force and effect for the
term of the Service Agreement, including any extensions of the
Service Agreement as provided therein.
6. The County will indemnify the City of all liabilities
associated with the Facility.
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7. The County agrees that all ash leaving the Facility shall
be tested for toxicity.
8. The County agrees that the citizens of Clermont shall not
be penalized in any way for recycling efforts.
9. The County agrees that all garbage imported from outside
of the County shall be processed at the same rate as all County
garbage.
10. The County agrees that all ash from imported garbage
shall be returned to the producer of the garbage.
DATED THIS
1-3 'Ht
DAY OF
gunw
, 1989.
LAKE COUNTY, FLORIDA
BY:
Chairman, Board of County
Commissioners
Attest:
James C. Watkins, Clerk
County Attorney
CITY OF CLERMONT
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Robert A. Pool, Mayo.-,
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Attest:
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Clerk
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Leonard H. Baird
City Attorney
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