26-82 ORDINANCE NO. 26-82
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY O1~
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12, "GARBAGE~
AND TRASH~, OF THE CODE OF ORDINANCES OF THE CITY OF ~
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 12-3, "GAR-
BAGE AND TRASH COLLECTION RESERVED EXCLUSIVELY IN
THE CITY; EXCEPTION IN CERTAIN AREAS", TO EXTEND THE
EXEMPTION FROM CITY GARBAGE AND TRASH COLLECTION
GRANTED TO HIGH POINT CONDOMINIUMS SECTIONS 1
THROUGH 7, INCLUSIVE, AND COUNTRY MANORS CONDO-
MINIUM SECTIONS 1 THROUGH 8, UNTIL DECEMBER 31, 1983;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Delray Beach, Florida, wishes to extend the
exemption from city garbage and trash collection granted to High Point, Sections 1 through 7,
inclusive, and Country Manors, Sections 1 through 8, inclusive, from the current expiration dates of
June 30, 1982 to December 31, 1983, for both complexes; and,
WHEREAS, the City Council of the City of Delray Beach, Florida, also wishes to make it
clear that such an extension should not be construed as permission for these respective condominium
associations to enter into any contracts for the collection of garbage and trash which would extend
beyond this date of December 31, 1983; nor shall this extension constitute a waiver of the City's right
to again have exclusive jurisdiction to provide such garbage and trash services (except garden trash)
for these areas beginning January 1, 1984.
NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
o
Section 1. That Chapter 12, "Garbage and Trash", Section 12-3, "Garbage and trash
collection reserved exclusively in the city~ exception in certain areas", of the Code of Ordinances of
the City of Delray Beach, Florida, be amended as follows:
See. 12-3. Garbage and trash collection reserved exclusively in the city; exception in certain areas.
The governmental function of collection, removal and disposition of all garbage and
trash (except garden trash) within the municipal limits of the city is hereby exclusively
vested in the municipal government of said city, ~nd all other individuals, persons, firms,
or corporations are hereby specifically and expressly prohibited from engaging in such
practice or business within the corporate limits of the city and from utilizing the
publicly dedicated streets, alleys, and other thoroughfares for said purposes, except that
within Sections 1 through 7, inclusive, of High Point Condominiums and Sections I through
8, inclusive, of Country Manors Condominium, the respective condominium associations
shall contract with the person, firm, or corporation of the association's choice to provide
garbage and trash collection services. Sections 1 through 7, inclusive, of High Point
Condominiums and Sections 1 through 8, inclusive, of Country Manors Condominium shall
be exempt from the charges contained in this Chapter 14A.
The exemption granted for High Point [Condominiums,] Sections 1 through 7,
inclusive, and Country Manors [Condominium,] Sections 1 through 8, inclusive, shall'
expire on~....' ....~,~n ,non.~., December 31~ 1983~ and as of~.~'"'" ~, ,no,~.~w, January 1t 1984~ the
city shall again have exclusive jurisdiction to provide garbage and trash services (except
garden trash) for this area.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section-3. That this ordinance shall become effective ten (10) days after its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the 27th
day of April ,1982.
ATTEST:
Ci~]~Clerk
First Reading April 13, 1982
Second Reading April 27, 1982
2 ORD. NO. 26-82