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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 All ordinances or parts of ordinance in conflict herewith are hereby repealed.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