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HomeMy WebLinkAboutResolution 2008-38RESOLUTION 2008 -38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING THE ADOPTED SCHEDULE OF FEES FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE, IN ACCORDANCE WITH THE SOLID WASTE FRANCHISE AGREEMENT BETWEEN THE CITY OF CAPE CANAVERAL AND WASTE MANAGEMENT, INC. OF FLORIDA; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, on . , October 13, 2004 „ the City Council of the City of Cape Canaveral, Florida, adopted Resolution No. 2004 -38 granting a five -year franchise extension for the collection and disposal of solid of solid waste to Waste Management, Inc. of Florida; and WHEREAS, in accordance with the adopted franchise agreement the City Council desires to amend Appendix B of the City Code to reflect a 4% Consumer Price Index Adjustment to the current schedule of fees for solid waste collection and disposal; and WHEREAS, the City Council deems that this Resolution is in the best interests of the public health, safety and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT DUTY RESOLVED by the City council of the City of Cape Canaveral, Brevard County, Florida, that: SECTION 1 . Incorporation of Recitals The foregoing recitals are deemed true and correct and hereby fully incorporated herein by reference. SECTION 2 . Schedule of Fees Adopted. The schedule of fees contained within the solid waste agreement is hereby adopted and approved. A copy of such CADocuments and Settingsljfarris\Local Settings\Temporary Internet Files\OLK612608- 38_Solid Waste—Schedule of Fees.doc City of Cape Canaveral, Florida Resolution No. 2008 -38 Page 2 sections is attached hereto as Exhibit "A" and is hereby fully incorporated herein by this reference. SECTION 3 . Severability If any section, subsection, sentence, clause, phrase, word or portion of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deems a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Resolution. SECTION 4 Repeal of Prior Inconsistent Resolutions All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. SECTION 5 . Effective Date This Resolution shall become effective on the 1 8th day of December 2008 upon its adoption by the City Council of the city of cape Canaveral, Florida. ADOPTED BY the City council of the City of cape Canaveral, Florida this 16 day of December 2008. Rocky Rand s, Mayor ATTEST: Ss y city lerk .2 Name Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh For Against X Motion X Second X Appro d as to Form: Anthony A. Carganese, city Attorney