Article XLV. SOLID WASTE COLLECTION AND DISPOSAL DELIVERY SUB-AGREEMENT  

This Solid Waste Collection and Disposal Delivery Sub-Agreement is made and entered into this 22 day of September, 2009, by and between the City of Center Hill ("City") and Sumter County ("County").

WHEREAS, the City possesses Municipal Home Rule Powers pursuant to Article VIII, Section 2(b), Florida Constitution and Section 166.021, Florida Statutes; and

WHEREAS, the County possesses powers of self government as provided by general or special law, so long as such acts are in the common interest of the people of the County, said powers being held and exercised pursuant to Article VIII, Section 1(f), Florida Constitution and Section 125.01, Florida Statutes; and

WHEREAS, the County is required by Florida Statutes to provide a point of collection and disposal of solid waste for all of Sumter County; and

WHEREAS, the County provides a point of collection and disposal for solid waste for the City at the County's existing solid waste facility; and

WHEREAS, the City does not provide any solid waste collection or disposal services; and

WHEREAS, the County and City recognize the most efficient approach to provide solid waste collection and disposal services is a coordinated and unified approach between the County and the City; and

WHEREAS, the Florida Interlocal Cooperation Act of 1969, Section 163.01, Florida Statutes, encourages and empowers local government to cooperate with one another on matters of mutual interest and advantage, and provides for interlocal agreements between local governments on matters such as solid waste collection and disposal services; and

WHEREAS, the Municipal Annexation or Contraction Act, Chapter 171, Part I, Florida Statutes, and the Interlocal Service Boundary Agreement Act, Chapter 171, Part II, Florida Statutes, recognizes the use of interlocal service boundary agreements and joint planning agreements as a means to coordinate public services such as solid waste collection and disposal services.

NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the City and the County agree a coordinated and unified approach to solid waste collection and disposal services result in a more efficient and effective method of service and promotes the health and welfare for all of the citizens of Sumter County and agree a need exists to continue said service delivery arrangements in the following manner:

1.

Service Delivery Agreement.

a.

The County shall continue to provide the City the single point of collection and disposal at the County's solid waste facility and at any future facilities developed by the County.

b.

The City shall utilize the County's solid waste facility when economically feasible.

2.

Fees. The County shall continue to fund the solid waste collection and disposal services through fees by private collectors, tipping fees by the County, County recyclable revenues, and state grants. This does not preclude other future funding sources that may be implemented by the County or City.

(Ord. No. 2009-19, § 1(Att.), 9-22-09)