HomeMy WebLinkAboutO-23-06 Waste Management Franchise AgreementORDINANCE NO.O-23-06
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE AGREEMENT FOR
RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION TO WASTE
MANAGEMENT, INC.; PROVIDING PENALTIES FOR VIOLATION; PROVIDING
FOR SUNSET OF EXISTING COMMERCIAL PROVIDERS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND EFFECTIVE DATE.
WHEREAS, the existing residential solid waste collection as approved under Ordinance No. 0-
13-03 expires on June 30, 2023; and
WHEREAS, the Council has determined that it is in the best interest of the public that a single
provider have an exclusive franchise for both residential and commercial solid waste collection; and
WHEREAS, pursuant to a competitive proposal process it has been determined that the public
will be best served by granting said franchise agreement to Waste Management, Inc. of Florida;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, as follows:
Section 1. In accordance with Article V of the City of Sebastian City Code, Waste Management,
Inc. of Florida, is hereby granted by ordinance, an exclusive seven (7) year franchise agreement, to take
effect on July 1, 2023, in order to provide residential and commercial solid waste within the City of
Sebastian pursuant to the provisions of the FRANCHISE AGREEMENT BETWEEN THE CITY OF
SEBASTIAN AND WASTE MANAGEMENT, INC. OF FLORIDA attached hereto and incorporated by
this reference as if fully set forth herein. The franchise agreement expires on August 31, 2030.
Section 2. It shall be a violation of the City Code, punishable as provided in City Code Section I -
10, for any person or entity to provide solid waste collection within the City except in accordance with the
terms and conditions of the Franchise Agreement granted hereunder.
Section 3. CONFLICT. All ordinances or parts of ordinance in conflict herewith are hereby
repealed.
Section 4. SCRIVENER'S ERRORS. Sections of this ordinance may be renumbered or re -
lettered and corrections of typographical errors which do not affect the intent may be authorized by the
City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -
codified copy of same with the City Clerk.
Section 5. EFFECTIVE DATE. This ordinance shall take effect upon adoption.
The foregoing Ordinance was moved for adoption by Council Member Nunn . The
motion was seconded by Council Member Dixon and, upon being put to a vote, the vote
was as follows:
Mayor Fred Jones
aye
Vice Mayor Chris Nunn
aye
Council Member Kelly Dixon
aye
Council Member Ed Dodd
aye
Council Member Bob McPartlan nay
The Mayor thereupon declared this Ordinance duly passed and adopted this 26' day of April, 2023.
ATTEST: `/
14
�anette Williams, ty Clerk
CITY OF SEBASTIAN
Mayor Fred Jones -
Approved as to form and legality for - - _-
reliance by the City of Sebastian only:.��
Andfe Mai, City Attorney