HomeMy WebLinkAboutResolution No. 2014-28 RESOLUTION NO. 2014-28 was pulled from the Regular City
Council Meeting Agenda of 09-16-2014. The item was brought
forward as an Ordinance, as required in the City Charter, at the
same meeting.
RESOLUTION NO 2014-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
ADOPTING A REVISED SOLID WASTE FRANCHISE
AGREEMENT WITH WASTE PRO OF FLORIDA, INC.;
ADOPTING THE SOLID WASTE RATES SET FORTH IN
THE SOLID WASTE FRANCHISE AGREEMENT;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City 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, there is an immediate and continuing need for the collection and disposal of
bulk trash, refuse, vegetative waste, recyclable materials, white goods, and construction and
demolition debris from residents, businesses, and other entities within the municipal boundaries
of the City of Cape Canaveral; and
WHEREAS, Waste Pro of Florida, Inc. ("Waste Pro") has the necessary equipment,
personnel and experience to properly collect and dispose of solid waste; and
WHEREAS, Resolution 2009-24, adopted on August 4, 2009 awarded a franchise to
Waste Pro of Florida, Inc and included two five (5) year renewals; and
WHEREAS, on July 19, 2011 the City and Waste Pro mutually agreed to amend the
Franchise Agreement to streamline/simplify billing for Commercial customers to include the
billing for the wheels and lock bars services provided by Waste Pro; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Resolution to be in the best interests of the public health, safety, and welfare of the citizens of the
City of Cape Canaveral, its businesses and other entities to grant the franchise to Waste Pro of
Florida, Inc. to provide for the collection and disposal of bulk trash, refuse, vegetative waste,
recyclable materials, and construction & demolition debris as agreed upon in the attached Solid
Waste Franchise Agreement effective October 1, 2014; and
NOW THEREFORE, be it resolved by the City Council of the City of Cape Canaveral,
Brevard County, Florida as follows:
City of Cape Canaveral
Resolution No. 2014-28
Page 1 of 3
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference and are deemed a material part of this Resolution.
Section 2. Adoption of a Solid Waste Franchise Agreement. The City Council of the City
of Cape Canaveral, Florida hereby approves and adopts the Solid Waste Franchise Agreement
between the City of Cape Canaveral, Florida, and Waste Pro of Florida, Inc. A copy of said
agreement is attached hereto as "Attachment A," and is fully incorporated herein by this
reference and shall become effective on October 1, 2014.
Section 3. Adoption of Solid Waste Rates. The City Council of the City of Cape
Canaveral, Florida hereby approves and adopts the solid waste rates set forth in "Exhibit A" to
the Solid Waste Franchise Agreement attached hereto as "Attachment A" and authorizes the
amendment of the rate schedule per the terms and conditions set forth in the Agreement attached
hereto as "Attachment A".
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. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction such portion shall be deemed a separate distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 6. Effective Date. This Resolution shall become effective immediately upon
adoption by the City Council.
RESOLVED by the City Council of the City of Cape Canaveral Florida in a regular
meeting assembled on 16th day of September, 2014.
Rocky Randels,Mayor
ATTEST: Name FOR AGAINST
John Bond
Angela Apperson, Bob Hoog
City Clerk
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
City of Cape Canaveral
Resolution No. 2014-28
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Anthony A. Garganese,City Attorney
City of Cape Canaveral
Resolution No. 2014-28
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