HomeMy WebLinkAboutO-1990-017 Fl.,
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{ ORDINANCE NO. 17-90
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AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, {
ESTABLISHING SOLID WASTE FLOW CONTROL PURSUANT
j TO FLORIDA STATUTES CHAPTER 403, PART IV, AND {
SECTION 2 . 5 OF THE SOLID WASTE DISPOSAL
AGREEMENT DATED AUGUST 19, 1988, AS AMENDED BY
LETTER AGREEMENT DATED FEBRUARY 15, 1989, AND
THE CONSENT AND AGREEMENT DATED AS OF FEBRUARY
11 1990, BY AND BETWEEN THE CONTRACT
MUNICIPALITIES AND REUTER RECYCLING OF
FLORIDA, INC; DIRECTING THE DELIVERY OF ALL
SOLID WASTE GENERATED WITHIN THE CONTRACT
' MUNICIPALITIES TO THE RESOURCE RECOVERY SYSTEM
DESCRIBED HEREIN; RELINQUISHING TITLE TO SOLID
WASTE COLLECTED OR GENERATED WITHIN THE
CONTRACT MUNICIPALITIES UPON DELIVERY OF SUCH
SOLID WASTE TO SAID RESOURCE RECOVERY;
PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING
FOR AN EFFECTIVE DATE.
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WHEREAS, Reuter Recycling of Florida, Inc. plans to
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construct, own, and operate a resource recovery facility in
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Broward County, Florida in order to reduce the amount of solid
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waste disposed of in area landfills ; and
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WHEREAS, Reuter Recycling of Florida, Inc. seeks the
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commitment of certain Florida municipalities to supply an amount
of solid waste to the proposed facility sufficient to make its
construction and operation economically feasible; and
WHEREAS, consistent with Chapter 403, Part IV, Florida
Statutes , certain municipalities within Broward County, Florida
(the "Contract Municipalities" ) have entered into a Solid Waste
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Disposal Agreement dated August 19 , 1988, as amended by letter
agreement dated February 15, 1989, and the Consent and Agreement
Ordinance No. 17-90
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dated as of February 1 , 1990, and approved by Resolution No. 24-90
Passed and adopted on February 28, 1990 (the "Solid Waste Disposal
Agreement ) with Reuter Recycling of Florida, Inc, which provides
for, among other things, the disposal of solid waste genera
ted
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within the Contract Municipalities; and I
WHEREAS, the Contract Municipalities have contracted with
Reuter Recycling of Florida, Inc. to cause to be delivered all of
the acceptable solid waste collected within their respective
boundaries, subject to the terms and conditions of the Solid Waste
Disposal Agreement , and
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WHEREAS, Section 2. 5 of the Solid Waste Disposal Agreement
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Provides that each Contract Municipality shall enact a flow f
control ordinance as set forth in Section 403 . 713, Florida
Statutes, directing that solid waste generated within each such
Contract Municipality be delivered to the designated resource
recovery system transfer of disposal facility or facilities as I
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provided in the Solid Waste Disposal Agreement ; and
WHEREAS, each Contract Municipality further agrees to include
in any contract with haulers a provision that all municipal solid p!
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waste shall be delivered to the resource recovery system transfer
of disposal facility or facilities designated in the plan of
operations developed P pursuant to the Solid Waste Disposal
Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA:
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Ordinance No. 17-90
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Section 1 . The finding set forth in the foregoing preamble
to this ordinance are hereby approved and confirmed.
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Section 2 . For the purpose of this ordinance, the
definitions contained in the Solid Waste Disposal Agreement shall
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apply unless otherwise specifically stated in this section . When
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not inconsistent with the context , words used in the present tense
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include the future, words in the plural number include the
singular and words in the singular number include the plural . The
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word "shall" is always mandatory and not merely directory.
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(a) Contract Municipalities . The term "Contract
Municipalities" shall refer to the Cities of Dania , Hallandale,
Pompano Beach and Pembroke Pines, each of which is a municipal
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corporation existing under the laws of the State of Florida and
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located within Broward County, State of Florida.
(b) Hauler. The term "hauler" shall refer to those
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responsible (under either oral or written contract , or otherwise)
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for the collection of solid waste within the geographic boundaries
of the Contract Municipalities and transportation to the resource
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recovery system.
(c) Solid Waste Disposal Agreement . The term "Solid Waste
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Disposal Agreement" shall refer to that certain Solid Waste
Disposal Agreement dated August 19, 1988 , by and among the
Contract Municipalities and Reuter Recycling of Florida , Inc. , as
amended by the letter agreement dated February 15, 1989 and the
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Ordinance No. 17-90 j
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Consent and Agreement dated as of February 1 , 1990, and approved z
by Resolution No. 24-90 passed and adopted on February 28, 1990,
and as further amended from time to time pursuant to the
provisions of the Solid Waste Disposal Agreement.
(d) Resource Recovery System. The term "resource recovery
system" shall refer to the resource recovery facility or f
facilities which are constructed, operated and maintained or
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caused to be constructed, operated and maintained pursuant to the
Solid Waste Disposal Agreement . i
(e) Solid Waste. The term "solid waste" shall have the
meaning set forth in Chapter 403, Part IV, Florida Statutes, as
amended from time to time, and as limited or expanded by the terms
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"acceptable waste, non-processable waste and unacceptable waste"
set forth in the Solid Waste Disposal Agreement.
Section 3 . Waste Flow Control .
(a) It is the purpose of this ordinance to require all
inhabitants and persons within the City of Dania, Florida, to use
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i exclusively the resource recovery system identified in the Solid
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Waste Disposal Agreement for the disposal of all solid waste
generated within the City of Dania for the purpose of ensuring
that the resource recovery system receives an adequate quantity of
solid waste from solid waste generated within its boundaries.
(b) The City of Dania, Florida , hereby directs that all
solid waste generated within its geographic boundaries (except the
solid waste generated in the unincorporated area west of
Ravenswood Road which is the subject matter of an annexation bill
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Ordinance No. 17-90
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to be considered for enactment by the Florida Legislature in its
1990 regular session in which area existing franchise agreements
between Broward County and solid waste collectors are in effect
and will remain in effect for the remainder of the franchise terms
after such annexation becomes law) be delivered to the resource
recovery system transfer of disposal facility or facilities
designed in the plan of operation under the Solid Waste Disposal
Agreement and further hereby relinquishes any and all title and
interest in solid waste collected or generated within its
geographical boundaries upon delivery of such solid waste to the
resource recovery system transfer or disposal facility or
facilities designated in said plan of operation. I
(c) The City of Dania, Florida shall conform the terms and
conditions or any agreement that it may have with a hauler of
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solid waste to the terms and conditions of the Solid Waste
Disposal Agreement .
(d) Nothing herein is intended to either discourage or
prohibit either voluntary or locally ordained solid waste I
segregation programs segregating scrap or new or used materials at
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the point of generation and held for purposes of recycling. i
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Section 4 . If any clause, section, or other part of
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application of this ordinance shall be held by any court of
competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part of application shall be
considered as eliminated and so not affecting the validity of the
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Ordinance No. 17-90
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remaining portions or application remaining in full force and
effect.
Section 5. That all ordinances or parts of ordinances and
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all resolutions or parts of resolutions in conflict herewith be f
and the same are hereby repealed to the extent of such conflict .
Section 6 . That this ordinance shall be in force and take
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effect immediately upon its final passage and adoption.
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PASSED and ADOPTED on First Reading on the 13th day of
March , 1990.
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PASSED and ADOPTED on Second and Final Reading on the 27th
day of March 1990.
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'MAYORR COMMISS10NER
ATTEST: i
CITY CLERK - AUDITOR
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APPROVED AS TO FORM AND CORRECTNESS
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By: LGc_-
i FRANK C. ADLER, City Attorney
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Ordinance No. 17-90
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NOTICE OF HEARING
BEFORE CRV
CODANIASI FL OR to,
RE
TNENFOCLOW NGN
THE S UN-TATTLER PROPOSED ORDINANCE
NOTICE IS HEREBY GIV•
EN tnal the City Commis-
sion of Ina C11v Of Denle,
Established as The Hollywood Sun - January 4, 1935 Florida,or e,hO2701 b�
HOLLYWOOD, BROWARD COUNTY, FLORIDA may ae neartl, III conduct e puGli<nearinp In tna C'c'CommhsioIt,n room o/ he
Denfly
le Beacp gjyQ panvi1
FIor10o f0 consider Ine Oro•
STATEI adopilon of me got'OF FLORIDA It orOInsnc en1111ego
COUNTY OF BRO WARD "AN ORDINANCE OF THE
CITY OF DANIA, FLORI-
Before the undersigned authorityDA• ESTABLISHING SOW ID WASTE FLOW TO personally appearedSybil J. Whaled CHAPT DA PURSUANT TO
Who on oath says (he/she) is Classified Telemarketing CND°TER 4M PART IY
Mona r Ael ANDSWASTE�OISDPOSAIL of THE SUN-TATTLER, a dailyAGREEMENT DATED
newspaper published at Hollywood in Broward AMENDED 19 I91111 A County, Florida; that the attached co AGREEMENT DATED
copy of advertisement, being a TIES CONSENTe'AND
Notice Of Hearin AGREEMENT DATED AS
BY AND BETWEEFJ THE
in the matter of City f Dania CONTRACT MUNICIPAL-
I TIES AND REUTER DA
CYCLING OF FLORIDD,
INC.; DIRECTING THE_ DELIVERY OF ALL SOL-
n the Comm. Room WI WASTE GENERATED
WITHIN THE CONTRACT
was published in said newspaper in the issue of RESOURCE TRECIES OVERY
Mar. 15 199=-- HEREIN REL NpU,SHING
COLLTITLECTED ESOLID
OR GENER ATED WITHIN THE CON_
TRACT Affiant further says that thesaid SUN TATTLER isanew a UPON SOLID DELIVERY
TO
V Per published a( Hollywood In UPON DELIVERY of
said Broward County. Florida.and that the said newspaper has heretofore been continuous) SAID RESOURCE RECON
Published in said Broward County, Florida, each week and has been entered as second class ERY; PROVIDING THAT y ALL ORDINDING Ai
matter at the post office in Hollywood in said County. Florida. for a period of one year next AOR
NOTA OF RESOLUTIONS preceding the first publication of the attached co OR PARTS IN OCONPPIC says din he has neither paid nor promised attached
COPY of aciverdsement. and afflant further HEREWITH BE RE-
PEALED person, firm or corporation an dI5c0Un(, TENTEOFTSUCHECON-
rebate,commission or refund for lire purpose of securing this advertisement for publication FOR AN EFFECTIVE
in the sold newspaper. AND PROVIDING
DATE.
A Copy M this Proposed,
ordinance p on file In In
office Of the City Clark.
-- - Hall rar , D isnla l ll andBOu mere. Danish Florida,end mev M In Ill.
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Sworn to and subscribed tH'IDrc me I"• guano daring normal
4•a,J' Working, hours.
this �y _ Interested,parties me,eo-
day Of J/ta�•A D 19� peer at the aforesad meal.
Ing and, Isf heard Wlth l a-
__(�/(/��J �, lop 10 the Proposed.
NO A Y PUBLIC 0 ' sowii inav W"O don m.ro
ey the decision made
III rasp."1.env m�"On
(SEAL) NOTARY PUBLIC.STATE OF FLORIDA, considered at this hearinor
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MT COMMISSION EXPIRES;AUG.20, 1993. ad" need a recma of me '
orrotHs,no' and I.. such
eONO[O TMRU NOTARY PUaLIC UNp[RW RItER9. pVrpON may need to Ia.
oere�M1 a vvaslim record
I the proceedings N made,
Im41allh t"wan Include. me
-gain emkh thedaMe 0a1,10 ..::.t11 mesa. F ..
/If Wands Mullikin
City Clark '
HS•March is, iMg T•rl i