HomeMy WebLinkAboutcocc_ordinance_no_02-2023_202302211 ORDINANCE NO. 02-2023
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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, AMENDING THE SOLID WASTE AGREEMENT
5 BETWEEN THE CITY AND WASTE PRO OF FLORIDA, INC., PURSUANT
6 TO SECTION 2.12 OF THE CITY CHARTER, TO ADOPT A NEW
7 RESIDENTIAL AND COMMERCIAL RATE AND EXTEND THE TERM OF
8 THE FRANCHISE UNTIL SEPTEMBER 30, 2027; PROVIDING FOR THE
9 REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
10 RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY
11 AND AN EFFECTIVE DATE.
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13 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
14 Constitution, to exercise any power for municipal purposes, except when expressly prohibited
15 by law; and
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17 WHEREAS, Sections 2.12(3) and 2.12(8) of the City Charter respectively require that the
18 City Council approve all franchise agreements and amendments thereto by Ordinance; and
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20 WHEREAS, Waste Pro of Florida, Inc. ("Waste Pro") has the necessary equipment,
21 personnel, and experience to continue to properly collect and dispose of solid waste within the
22 City of Cape Canaveral; and
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24 WHEREAS, Resolution 2009-24, adopted on August 4, 2009 awarded a franchise to
25 Waste Pro of Florida, Inc. and included two five (5) year renewal options; and
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27 WHEREAS, on July 19, 2011, the City and Waste Pro mutually agreed to amend the
28 Franchise Agreement to streamline/simplify billing for Commercial customers to include the
29 billing for the wheels and lock bars services provided by Waste Pro; and
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31 WHEREAS, on October 21, 2014, the City Council adopted Ordinance No. 13-2014, which
32 adopted a revised Solid Waste Agreement with Waste Pro; and
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34 WHEREAS, on February 17, 2015, the City Council adopted Ordinance No. 03-2015, to
35 accept certain payments from Waste Pro in lieu of requiring a performance bond or irrevocable
36 letter of credit pursuant to all of the terms and conditions set forth herein; and
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38 WHEREAS, on March 19, 2019, the City Council approved by mutual agreement with
39 Waste Pro a new five year term extension of the Solid Waste Agreement per Ordinance 13-2014;
40 and
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42 WHEREAS, the City Council of the City Council of Cape Canaveral, Florida hereby
43 finds this Ordinance to be in the best interests of the public health, safety, and welfare of
44 the citizens of the City of Cape Canaveral and its resident businesses and other entities.
City of Cape Canaveral
Ordinance No. 02-2023
Page 1 of 4
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2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
3 ORDAINS, AS FOLLOWS:
4 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
5 this reference as legislative findings and the intent and purpose of the City Council of the City of
6 Cape Canaveral.
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8 Section 2. Amending Term of Solid Waste Franchise Agreement. The City Council
9 of Cape Canaveral, Florida hereby approves an amendment to paragraph 23.2 of the Solid Waste
10 Agreement between the City of Cape Canaveral, Florida and Waste Pro of Florida, Inc. as follows:
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12 The term of the Agreement shall extend until September 30, 2027 subject to an annual
13 evaluation by the City under paragraph 9.0 and termination as provided for in paragraph 14 of
14 the Agreement. The term may be extended pursuant to paragraph 23.3 of the Agreement.
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16 Section 3. Adoption of Revised Solid Waste Rates. The City Council of the City of
17 Cape Canaveral, Florida hereby approves and adopts the solid waste rates set forth as follows:
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19 Residential = $15.92
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21 Commercial (per cubic yard) = $5.95
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23 The Solid Waste Rates, as may be amended or annually adjusted by the consumer price index
24 pursuant to paragraph 5.0 of the Solid Waste Agreement, shall continue to be incorporated. into
25 the Code in accordance with Section 5 of Ordinance 13-2014.
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28 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
29 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
30 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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32 Section 5. Incorporation Into Code. The new rates and term of the Franchise
33 Agreement adopted by this Ordinance shall be incorporated into the Cape Canaveral City Code
34 and any section or paragraph, number or letter, and any heading may be changed or modified as
35 necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be
36 corrected and additions, alterations, and omissions, not affecting the construction or meaning of
37 this ordinance and the City Code may be freely made.
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39 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
40 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
41 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
42 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
43 the validity of the remaining portions of this Ordinance.
City of Cape Canaveral
Ordinance No. 02-2023
Page 2 of 4
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2 Section 7. Effective Date of Ordinance and New Rates. Pursuant to City Charter,
3 this Ordinance shall become effective immediately upon adoption by the City Council of the City
4 of Cape Canaveral, Florida, and execution of this Ordinance by Waste Pro of Florida, Florida. The
5 new rates adopted in Section 3 shall first be applied during the first regular billing cycle following
6 the effective date of this Ordinance. If Waste Pro of Florida, Inc. does not execute this Ordinance
7 within thirty (30) days of adoption by the City Council, this Ordinance shall be deemed null and
8 void.
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13 =w
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16:,.
17 ATTEST:
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20 ;',. ; ` For Against
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22 Kim Davis M. i nn
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24 Mickie Kellum __x_
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26 Wes Morrison x
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28 Angela Raymond x
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30 Don Willis SPennd
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21 st
day of February, 2023.
Mia Goforth, CMC
City Clerk
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32 First Reading: January 17, 2023
33 Advertisement: February 9, 2023
34 Second Reading: February 21, 2023
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37 Approved as to legal form and sufficiency
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for the City6f gape Canaveral only by:
Anthony A. Garganese, City Attorney
Wes Morrison, Mayor
City of Cape Canaveral
Ordinance No. 02-2023
Page 3 of 4
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3 The new rates and term of the Franchise Agreement adopted by this Ordinance are hereby
4 accepted and agreed to by Waste Pro of Florida, Inc.
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8 WASTE PRO OF FLORIDA, INC.
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12 Print Name/Title: Erik Sankey / Regional Vice President
13 2-22-23
14 Date:
City of Cape Canaveral
Ordinance No. 02-2023
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