HomeMy WebLinkAboutOrdinance No. 03-2015 ORDINANCE NO.03-2015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, AMENDING THE
SOLID WASTE AGREEMENT BETWEEN THE CITY AND
WASTE PRO OF FLORIDA, INC., PURSUANT TO SECTION
2.12 OF THE CITY CHARTER, TO PROVIDE FOR ANNUAL
PAYMENTS TO THE CITY IN LIEU OF A PERFORMANCE
BOND OR LETTER OF CREDIT FOR THE INITIAL FIVE-
YEAR TERM; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE, 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, Sections 2.12(3) and 2.12(8) of the City Charter respectively require that the
City Council approve all franchise agreements and amendments thereto by Ordinance;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 renewal options; 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, on October 21, 2014, the City Council adopted Ordinance No. 13-2014, which
adopted a revised Solid Waste Agreement with Waste Pro;and
WHEREAS, the City Council desires to amend the Solid Waste Agreement to accept certain
payments from Waste Pro in lieu of requiring a performance bond or irrevocable letter of credit pursuant
to all of the terms and conditions set forth herein;and
WHEREAS, the City Council of the City of Cape Canaveral, Florida hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of the City
of Cape Canaveral and its resident businesses and other entities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL,BREVARD COUNTY,FLORIDA,HEREBY ORDAINS AS FOLLOWS:
Section 1, Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference and are deemed a material part of this Ordinance.
City of Cape Canaveral
Ordinance No.03-2015
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Section 2. Amendment of Solid Waste Franchise Agreement. Attachment"A"to Ordinance
13-2014, the Solid Waste Agreement between the City of Cape Canaveral, Florida and Waste Pro of
Florida, Inc.,is hereby amended as follows(underlined type indicates additions and strikeeut type indicates
deletions, while asterisks (***) indicated a deletion from this Ordinance of text existing in the Agreement.
It is intended that the text in the Agreement denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this Ordinance):
Attachment"A"to Ordinance No. 13-2014
Solid Waste Agreement
***
12.3 Waiver or Reduction of Bond/Letter of Credit.
A. Waiver of Bond/Letter of Credit for Initial Five Year Term. The
Contractor shall not be required to obtain a Performance Bond or
Irrevocable Letter of Credit for the initial five-year term of this
Agreement, as otherwise required by Paragraph 12.0 herein, provided
that the Contractor submits annual payments to the City of Two-
Thousand,Five-Hundred and No/00 Dollars ($2,500.00) prior to January
31st of each year of the initial five-year term, beginning in January,
2015. In the event that the Contractor fails to timely submit such
payments to the City, a Performance Bond or Irrevocable Letter of Credit
shall be required as otherwise set forth herein.
B. Additional Waivers or Reductions of Bond/Letter of Credit. Upon
written application by the Contractor, the City may, at its sole option,
permit the amount of the bond or letter of credit to be reduced for the a
renewal term of this Agreement or additional periods of time, when it is
determined by the City's City Council to be in the public interest. Upon
written application by the Contractor, the City may, at its sole option,
permit the terms of the requirements of the performance bond/letter of
credit to be altered for the a renewal term of this Agreement or additional
periods of time, when it is determined by the City Council to be in the
public interest.
***
section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are
hereby repealed to the extent of the conflict.
Section 4. Incorporation of Amendment to Agreement Into Code. The amendment to the
Solid Waste Agreement shall be incorporated into the 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,
City of Cape Canaveral
Ordinance No.03-2015
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alterations, and omissions, not affecting the construction or meaning of this ordinance and the City
Code may be freely made.
,Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this Ordinance 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 Ordinance shall become effective immediately
upon 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 17th day of
February,2015.
Rocky Randels,Mayor
ATTEST:
Name For Against
ktA
Ange a Apperson,M " John Bond X
City Clerk 44,74,
'ir
rr Robert Hoog X
r
Buzz Petsos Mot ion
—
Rocky Randels X
'rtr9 Betty Walsh Second
Approved a telegal form and sufficiency
for the Ci y of Cape Canaveral only by:
ANTHONY A.GARGANESE,City Attorney
First Reading: January 20,2015
Legal Ad Published: January 29,2015
Second Reading: February 17,2015
City of Cape Canaveral
Ordinance No.03-2015
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