HomeMy WebLinkAboutResolution 2004-39 i
RESOLUTION NO. 2004-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
ADOPTING A FRANCHISE AGREEMENT WITH WASTE
REVISING THE
MANAGEMENT OF FLORIDA, INC.;
ADOPTED SCHEDULE OF FEES FOR THE COLLECTION
AND DISPOSAL OF SOLID WASTE, IN ACCORDANCE
WITH THE SOLID WASTE FRANCHISE AGREEMENT;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, the City is has negotiated a franchise agreement for the immediate and
continuing need for collection and disposal of bulk trash, refuse, vegetative waste, and recyclable
materials from the City of Cape Canaveral; and
WHEREAS, in accordance with the franchise agreement, the City Council desires to amend
Appendix B of the City Code to reflect 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 DULY 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. Adoption of Franchise Agreement. The Solid Waste Franchise Agreement
between the City of Cape Canaveral and Waste Management of Florida, Inc. shall be adopted upon
execution by both parties. A copy of the same is attached hereto as Exhibit "A" for informational
purposes and shall be set forth in Appendix A to the City Code.
Section 3. Schedule of Fees Adopted. The schedule of fees contained within sections
5.1 and 5.2 of the solid waste agreement is hereby adopted and approved. A copy of such sections
is attached hereto as Exhibit `B" and is hereby fully incorporated herein by this reference.
Section 4. 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 deemed a separate,
City of Cape Canaveral
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distinct, and independent provision, and such holding shall not affect the validity of the remaining
} "' portions of this Resolution.
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Section 5. 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 6. Effective Date. This Resolution shall become effective immediately upon
its adoption by the City Council of the City of Cape Canaveral, Florida.
Resolved by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled on this OM day of 600be , 2004.
G ■49C.14 , ‘‘ C.O.,■/&41&
ROCKY RANDS S, Mayor
ATTEST: For Against
Bob Hoog X
Jim Morgan Motion
Rocky Randels X I
SUS STILLS, City Clerk Richard Treverton X
Steve Miller Second
Approve to legal form and sufficiency for
the Ci of C pe Canaveral only:
ANTHONY A. GARGANESE, City Attorney
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City of Cape Canaveral
Resolution No. 2004 -39
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