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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1999-016Temp. Ord. #1865 1 8/11/99 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-99-A AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING THE TAMARAC CODE, CHAPTER 19, "SOLID WASTE", ARTICLE IV, "SOLID WASTE DISPOSAL DISTRICT", SECTION 19-73. "PURPOSE", TO PROVIDE AN EXCEPTION TO THE RESOURCE RECOVERY SYSTEM USE REQUIREMENT FOR WASTE TRANSPORTED AND DISPOSED OF OUTSIDE OF THE STATE OF FLORIDA; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac enacted Ordinance 0-87-9 pursuant to Section 3.3 of the Interlocal Agreement dated November 25, 1986, by and between Broward County and several municipalities, including the City of Tamarac (hereinafter the "Interlocal Agreement"), to provide for the delivery of solid waste generated within the City to the Resource Recovery System described within Ordinance 0-87-9 and the Interlocal Agreement; and WHEREAS, since the adoption of Ordinance 0-87-9, decisions by various courts regarding the delivery of solid waste suggest that Ordinance 0-87-9 should be updated and revised; and WHEREAS, the provisions of Ordinance 0-87-9 have been Codified in the Tamarac Code in Chapter 19, "Solid Waste", Article IV, "Solid Waste Disposal District", Sections 19- 71 through 19-73; and WHEREAS, consistent with the City's obligations pursuant to the Interlocal Agreement, the City is amending the terms of Ordinance 0-87-9, as Codified in Tamarac Code Section 19-73, "Purpose" to exempt solid waste destined for transportation to locations outside of the State of Florida from the provisions of the City's Ordinance; and Temp. Ord. #1855 2 8/11/99 WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interest of the citizens and residents of the City of Tamarac to provide an exception to the Resource Recovery System use requirement for waste transported and disposed of outside the State of Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: Tamarac Code Section 19-73 is hereby amended as follows: Sec. 19-73. Purpose. (e) Waste generated in the City which is shown to be destined for transportation to any destination outside of the State of Florida based upon a sworn affidavit of a hauler delivered to the City reciting facts which evidence the transportation and disposal of waste outside the State of Florida, is excluded from the flow control provisions set forth herein. SECTION 3: It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. CODING: Words in stpuelE threugh type are deletions from existing law; Words in underscored type are additions. 1 1 1 Temp. Ord. #1865 3 8/11/99 SECTION 4: All Ordinances or parts of Ordinances, and all Resolutions and parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 6: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this a�day of , 1999 PASSED, SECOND READING this tf r day of , 1999. ATTEST: 0- I HEREBY CERTIFY that I have approved this ORDINANCE as to form. 1IT-CREL.L S.d CITY ATTOR 61, eWMINE, .rf- RECORD OF COMMISS MAYOR SCHREIBER DIST +1: COMM. PORTNI GIST 2: V/M MISHKIN DIST 3: COMM. SULTAN DIST 4: COMM. R08