HomeMy WebLinkAboutCity of Tamarac Ordinance O-1999-016Temp. Ord. #1865
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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
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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.
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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