13-80 ORDINANCE NO. 13-80
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 14A "GARBAGE AND TRASH"
BY REPEALING SECTION 14A-10 AND ENACTING A NEW SECTION
14A-10 PROVIDING THAT GARBAGE AND TRASH COLLECTION WITHIN
THE MUNICIPAL LIMITS OF DELRAY BEACH BE EXCLUSIVELY
RESERVED TO THE CITY EXCEPT IN SECTIONS 1 THROUGH 7,
INCLUSIVE OF HIGH POINT CONDOMINIUMS, ¥'~EREIN THE RESPEC-
TIVE CONDOMINIUM ASSOCIATIONS SHALL PROVIDE FOR GARBAGE
AND TRASH COLLECTION SERVICES BY CONTRACTING WITH THE
PERSON, FI~4 OR CORPORATION OF THEIR CHOICE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, High Point Sections 1 through 7, inclusive, are current-
ly being provided garbage and trash collection services, pursuant to a
franchise issued by Palm Beach County, Florida; and,
WHEREAS, this franchise in regard to Sections 1 through 7, inclu-
sive of High Point, expires July 1, 1980; and,
WHEREAS, The Condominium Associations for Sections 1 through 7,
inclusive of High Point, have requested the City to refrain from insti-
tuting garbage and trash collection services in their area upon the
expiration of the Palm Beach County Franchise; and,
WHEREAS, the Condominium Associations have · requested permission
from the City to permit them to contract with the person, firm or corpora-
tion of their choice for the provision of garbage and trash collection
services to Sections 1 through 7, inclusive of High Point.
WHEREAS, in granting permission for this private contracting out,
the City Administration and City Council have explained that the City of
Delray Beach will not be purchasing the garbage and trash collection
equipment that would otherwise be necessary to furnish services to Sec-
tions 1 through 7, inclusive of High Point, nor hiring any additional
personnel as would otherwise be necessary to provide services to the area;
and,
WHEREAS, upon the understanding reflected in the above paragraph,
the City Administration and City Council concur in the request of Sections
1 through 7, inclusive of High Point,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 14A "Garbage and Trash" is hereby
amended by repealing existing Section 14A-10 and enacting a new Section
14A-10 to read as follows:
Section 14A-10. Garbage and trash collection reserved in
the City except in certain areas.
The governmental function of collection, removal and dis-
position of all garbage and trash (except garden trash)
within the municipal limits of the City is hereby exclu-
sively vested in the municipal government of said City, and
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 of Delray Beach and from utilizing the publicly
dedicated streets, alleys, and other thoroughfares for said
purposes, except that within Sections 1 through 7, inclu-
sive of High Point Condominiums, the respective Condominium
Associations shall contract with the person, fi~, or cor-
poration of the Associations choice to provide garbage and
trash collection services. Sections 1 through 7, inclusive
of High Point Condominiums, shall be exempt from the charges
contained in this Chapter 14A.
The exemption granted for High Point Sections 1 through 7,
inclusive, shall expire on June 30, 1982, and as of July 1,
1982, 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 ordi-
nance or any portion thereof, any paragraph, sentence, or word be declared
by a Court of competent jurisdiction ~o be inva~.i~, such dccision 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 days
after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 24th day of March , 1980.
M A Y O~-R~
LEON M. WEEKES
ATTEST:
City Clerk
First Reading February 25, 1980
Second Reading March 24, 1980
- 2 - Ord. No. 13-80
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