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1989-16 . - 8 8 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 ----, " u --.. ---- - - ' -- -- -------- -, ,-- .. '__'_h______-----------+ 8 8 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. -.- -'7' 8 8 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 ...-, -7 ,/.,// /'" --- ---/ .ç~-/::'--/'I/ < ~ // ~/'-, (- ( ¿ L'Y?' Robert A. Pool, Mayo.-, , ,-- --------------"';'- ~ ., , . Attest: Jh ~ ~~ ~ ¡ruu.vt. ~ ~ ~ 8-ê'3-8Q 8 Clerk ~ ~ Leonard H. Baird City Attorney 'Â -'--'------'---- ---------.. '-'---- ,..-.. ---,--,-------,-..---------- -'-'--'--,~.,--,----_.._-,-- -