HomeMy WebLinkAboutCity of Tamarac Resolution R-96-0531
Temp. Reso. #7355
Revised 3/5/96
Revised 3/15/96
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-96- 5-3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA DENYING A COMMERCIAL WASTE
HAULERS FRANCHISE TO COASTAL CARTING LIMITED,
INC.; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to the provisions of the Code of Ordinances of the City of
Tamarac, Florida, Coastal Carting Limited, Inc. has requested a commercial waste haulers
franchise in the City of Tamarac; and
WHEREAS, the City Commission has examined the applicant's letter dated January
25, 1996 and the staff recommendation dated February 28, 1996; and
WHEREAS, Section 19-36 of the City Code states that the standards to be
considered for granting franchises shall be:
(1) Past satisfactory performance within the City;
(2) Past satisfactory performance within the County;
(3) Ability to satisfy all pre -requisites to the issuance of a franchise;
(4) Such other factors affecting performance as determined by the City Council.
WHEREAS, on February 19, 1996 the Broward County Office of Integrated Waste
Management notified Tamarac that they "cannot recommend issuing additional collection
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Revised 3/15/96
licenses to the company at this time" based on Coastal's non-payment to the County for
garbage services and Broward County for garbage services, Broward County's revocation
of Coastal's charge privileges, and five violations of the County's flow control ordinance;
and
WHEREAS, on March 12, 1996 Broward County notified Coastal Carting that they
cannot recommend Coastal Carting to the City of Tamarac based on the firm's repeated
violations of Broward County's flow control ordinance and debarment from the Broward
County system; and
WHEREAS, Broward County has 'debarred' Coastal Carting from utilizing the
Broward County Resource Recovery system; and
WHEREAS, Broward County Office of Integrated Waste Management has revoked
Coastal's charge privileges at the Resource Recovery System; and
WHEREAS, Broward County Office of Integrated Waste Management has notified
the City that Coastal may no longer dispose of waste at the Resource Recovery System
in Broward County; and
WHEREAS, Article 3.2 of Tamarac's Interlocal Agreement with Broward County
provides that "During the duration of this Agreement as defined in Article 16 hereof, the
Contract Communities and the County for the unincorporated area shall cause all of the
solid waste generated within each of their respective boundaries to be collected,
transported, delivered and deposited at the designated receiving facilities of the County
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resource recovery system pursuant to the plan of operations...."; and
WHEREAS, Coastal Carting is not licensed to use or participate in the Broward
County Resource Recovery System; and
WHEREAS, if the City of Tamarac were to grant a franchise to Coastal Carting it
would be in violation of Article 3.2 of the Interlocal Agreement with Broward County which
provides that each city and Broward County agree that all haulers shall deliver all solid
waste to the Broward County Resource Recovery System. Coastal Carting has been
'barred' from delivering all solid waste to the county's resource recovery system; and
WHEREAS, Coastal Carting cannot operate in Tamarac as an unlicensed
commercial waste hauler in Broward County; and
WHEREAS, the City Manager and Assistant City Manager recommend denial of the
franchise request; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it not to be
in the best interests of the citizens and residents of the City of Tamarac to grant a
commercial waste haulers franchise to Coastal Carting Limited, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTIQN 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 Resolution.
_aECTION 2: That the City Commission hereby denies a commercial waste haulers
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franchise to Coastal Carting Limited, Inc. pursuant to Section 19-36 of the City Code.
SF.CIIQN: That the City Clerk is authorized and directed to provide a copy of this
Resolution to the Broward County Resource Recovery Board and the Broward County
Office of Integrated Waste Management.
SECION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
$ACTION 6: This Resolution shall become effective immediately upon its passage
and adoption.
>a
PASSED, ADOPTED AND APPROVED thisa%d y of `rY:�l , 1996.
ORMAN ABRAMOWITZ
Mayor
ATTEST:
CA OL A. EVANS
City Clerk
MAYOR
I HEREBY CERTIFY that I have DIST.1:
r ed this R SOLUTIO form. DIST.2:
DIST. 3:
ND15T. 4:
MITC ELL S. F
City Attorney
RECORD' OF COMMISSION VOTE
COASTAL PENIAUdq