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81-DDRESOLUTION NO. 81-~D A RESOLUTION OF THE CITY OF BOYNTON BEACH AUTHORIZING THE ~,~YOR AND CITY CLERK TO EXECUTE A LETTER OF INTENT WITH THE PALM BEACH COUNTY SOLID WASTE AUTHORITY REGARDING THE ESTABLIS~4ENT OF A REGIONAL SOLID WASTE RESOURCE RECOVERY FACILITY; PROVIDING FOR A FEASIBILITY STUDY IN COORDI- NATION WITH CERTAIN OTHER MUNICIPALITIES. ~TTEST: WHEREAS, the Ciny of Boynton Beach has found it desirable to enter into a Letter of Intent with the Palm Beach County Solid Waste Authority regarding the establishment of a regional solid waste resource recovery facility, and to authorize a feasibility study for such a project in coordination with the cities of West Palm Beach, Boca Raton, and Delray Beach; and WHEREAS, such Letter of Intent has been prepared and a copy thereof is attached hereto; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: That the Mayor and City Clerk be authorized to execute the Letter of Intent with the Palm Beach County Solid Waste Authority, a copy of which is attached hereto. PASSED AND ADOPTED by the City Council of the City of Boyntom Beach, Florida, this /~ day of '~/~ 1981. Mayor 'City Clerk (Corp. Seal) LETTER OF INTENT This Agreement made and entered into this /~L~day of ~//K2~[/ , 1981, by and between the Palm Beach County Solid Waste Authority, hereinafter referred to as the "Authority", and the City of Boca Raton, the City of West Palm Beach, the City of Boynton Beach, and the City of Delray Beach, hereinafter referred to jointly as the "Cities". WI TNE S S ET ~ : i. The Cities agree to contribute, subject to paragraph 7, the solid waste which they collect to a regional resource recovery facility, which facility may be created and financed by the Authority or by inter-local agreement among the Cities. 2. The Cities agree to participate, if necessary, in the cosns of a feasibility study as the flrst step in the creation of a regional resource recovery facility, the ~mount of the participation ~o be in proportion to each City's estimated contribution of solid waste to the facility. (a) The feasibility study shall be performed by the Authority. The costs of the feasibility study shall not exceed S!50,000.00. (b) The proportionate share of each City's participation shall be as fol!ows:'i Estimated Annual Solid City Waste Contribution (Tons) Percenma~e Boca Raton 41,740 26.9% West PaLm Beach 51,125 32.9~ Boynton Beach 31,792 20.5% Delray Beach 30,507 19.7% Total: 155,164 100.0% (c) The proportionate share shall be decreased for each City in the event that other which event paragraph shares. cities join in this agreemenn, in 2(b) shall be amended to reflect the adjusted 3. Each City declares its present intent, subject to paragraph 7, that upon the completion of a feasibility study report showing the regional resource recovery facility to be economically viable and a practical solution to the problem of solid waste disposal, the City will join as a party to a suitable contract between and among the Authority and the Cities for the purpose of providing for the construction and operation of a regional resource recovery facility, the term of which contract to be of sufficient length to enable the financing of construction of the facility. 4. The Cities will have no obligation to continue with this projec~ should the Authority be abolished or should its govern- lng body be changed to reduce the level of municipal membership, which currently is four municipal representatives out of seven members, tn that event, the Cities may proceed by inter-local agreement among themselves to continue with the project. 5. The Cities agree that the best location for this resource re~overy project is the site of the Regional Waste Water Treat~r~ent Center at West Palm Beach. The Cities' acceptance of 5n~s s!te is based on the Authorify's representation that transfer s~a~lons will be located at mutually agreeable locations~ and that ~ipping fees will be charged at the transfer stations so that users will pay the s~e fees regardless of location. 6. The Cities agree, subject to paragraph 7, to participate in a budget and poii~y advisory committee to be composed of repre- sentatives of each of the Cities, with each City having a weighted vote based sai~ committee to oversea other powers and duties as for in paragraph 7. on its solid waste contribution the operation of may be specified for the preceeding year, the facility and to have in the contract provided 7. The Cities and the Authority agree that this Letter of IntenE is intended solely to confirm each City's present willing- ness 5o participate in this resource recovery facility project and tha~ a subsequent detailed contract, acceptable to all parties, will -2- be necessary to replace this Letter of Intent. Each City's only obliqation hereunder is to pay a pro rata share of the costs of a feasibility study, as provided in paragraph 2 above, which payment will be refunded to each contributor as a part of the permanent financing of ti~±s project. Accordingly, this Letter of Intent may be cancelled by any party following the co~pietio~ of said feasi- bility study. 8. The Authority agrees to coordinate with other citias and other interested parties to devetoD this resource recovery faci!i~y and to keep the Cities informed through regular status re- ports and ~hrouqh the policy committee which shall be implemented upon execution or-this Letter of Intent by all of the Cities. 9. This Letter of Inten~ may be modified in w~iting upon the consent of all tO. This executed bya~_~ of of the parties hereto. Let%er of Intent shall take effect when fully the parties, as of the date of complete execution. CItY OF BOCA ~ATON ~!!ilam A. Kon~ad; Mayor Loumse C. Owens, City Clerk CITY OF WEST PALM B~ACH~ ~ PAI24 BEACH COUNTY SOLID WASTE AUTHORITY Date: CITY OF BOYNTON BEACH ATTEST: Mayor Date Mayor ATTEST: City Clerk City Clerk -3- CITY OF DELRAY BEACH Date: Mayor ATTEST: City ] ~ C_erA -4-