HomeMy WebLinkAboutcocc_resolution_no_2023-09_20230516RESOLUTION NO. 2023-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, AMENDING APPENDIX B, SCHEDULE OF FEES OF
THE CITY CODE TO INCLUDE FEES RELATED TO APPLICATION FEES RELATED TO
SMALL HAULER CONSTRUCTION & DEMOLITION DEBRIS COLLECTION UNDER
SECTION 62 OF THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b), Article VIII,
of the State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, home rule enables the City to provide a schedule of fees for carrying out the City's
responsibility to administer and enforce the City Code; and
WHEREAS, Section 166.201, Florida Statutes specifically authorizes a municipality to impose
user charges or fees which are necessary for the conduct of municipal government; and
WHEREAS, the City Council desires to update its schedule of fees to more efficiently recover the
costs associated with recent City regulations adopted by the City Council related to small hauler
construction and demolition debris service providers; and
WHEREAS, the City Council believes updating the City's fee schedule will more accurately reflect
the cost of providing these services and recovering the financial burden placed upon the General Fund
for providing services to the public related to the regulation of small hauler construction and demolition
debris service providers; and
WHEREAS, the City Council finds this Resolution to be in the best interest of the public health,
safety and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are deemed true and correct and are incorporated
herein by this reference as part of this Resolution.
Section 2. Amendment to Appendix B, Schedule of Fees. Appendix B, Schedule of Fees, to the
Cape Canaveral Code of Ordinances, is hereby amended to include the following fees related to Section
62 of the City Code regulating the operation of Small Hauler Construction and Debris service providers
as follows (underlined type indicates additions and tr-i ut type indicates deletions, while Chapters
City of Cape Canaveral
Resolution No. 2023-09
Page 1 of 3
not stated below, and type not underlined or struckout shall remain the same as the language existing
prior to adoption of this Resolution):
Appendix B - SCHEDULE OF FEES
Printed herein are the fees, rates and charges established by resolution of the city council.
Subpart A. General Ordinances
****
Chapter 62 — Solid Waste
Amount Code Section
(e) Application/Renewal Fee — Small Hauler Franchise .... 1,000.00 62-7
***
Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by
the City Council are hereby expressly repealed to the extent of the conflict.
Section 4. Incorporation Into Appendix B, Schedule of Fees. This Resolution shall be
incorporated into Appendix B, Schedule of Fees, to the City of Cape Canaveral City Code and any
section or paragraph, number or letter and any heading may be changed or modified as necessary to
effectuate the foregoing. Grammatical, typographical and like errors may be corrected and additions,
alterations and omissions, not affecting the construction or meaning of this Resolution and the City
Code may be freely made.
Section 5. Severability. If any section, clause, phrase, word or provision is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural
reasons, such portion shall be deemed a separate, distinct and independent provision, and such
holding shall not affect the validity of the remaining portions of this Resolution.
Section 6. Effective Date. This Resolution shall become effective immediately.
ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this 16th
day of May, 2023.
[Signature Page Follows]
City of Cape Canaveral
Resolution No. 2023-09
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ATTEST:
(Signature)
Mia Goforth, CMC, City Clerk
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
(Signature)
Anthony A. Garganese, City Attorney
(Signature)
Wes Morrison, Mayor
Name FOR AGAINST
Kim Davis Absent
Mickie Kellum x
Wes Morrison x
Angela Raymond Second
Don Willis Motion
City of Cape Canaveral
Resolution No. 2023-09
Page 3 of 3
SEAL OF CAPE CANAVERAL, FLORIDA