Loading...
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 2 Temp. Reso. #7355 Revised 3/5/96 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 3 Temp. Reso. #7355 Revised 3/5/96 Revised 3/15/96 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 4 Temp. Reso. #7355 Revised 3/5/96 Revised 3/15/96 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