21-80 ORDINANCE NO. 21-80
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 12 "GARBAGE AND TRASH"
OF THE CODE OF ORDINANCES, BY AMENDING SECTION 12-3 BY
PROVIDING THAT IN SECTIONS 1 THROUGH ~, INCLUSIVE OF
COUNTRY MANORS CONDOMINIUM, THE CONDOMINIUM ASSOCIATION
SHALL PROVIDE FOR GARBAGE AND TRASH COLLECTION BY CON-
TRACTING WITH THE PERSON, FIRM OR CORPORATION OF THEIR
CHOICE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Country Manors Sections 1 through 8, inclusive, are currently
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 8, inclusive
of Country Manors, expires July 1, 1980; and,
WHEREAS, the Condominium Association for Sections lthrough 8, inclusive
of Country Manors, has requested the City to refrain from instituting
garbage and trash collection services in their area upon the expiration of
the Palm Beach County Franchise; and,
WHEREAS, the Condominium Association has requested permissioh from
the City to permit them to contract with the person, firm or corporation '
of their choice for the provision of garbage and trash collection services
to Sections lthrough 8, inclusive of Country Manors; and,
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 Sections
1 through 8, inclusive of Country Manars, 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 8, inclusive of Country Manors,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 12 "Garbage and Trash" is hereby amended by
amending Section 12-3 to read as follows:
Section 12-3. 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, inclusive
of High Point Condominiums, and Sections 1 through 8, in-
clusive of Country Manors Condominium, the respective
Condominium Associations shall contract with the person,
firm, or corporation of the Associations choice to provide
garbage and trash collection services. Sections 1 through
7, inclusive of High Point Condominiums and Sections 1
~hrou~h 8, inclusive of. Country Manors Condominium , shall
be exempt from the charges contained in this Chapter 12.
The exemption granted for High Point Sections 1 through 7,
inclusive and Country. Manors Sections 1 through 8, 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 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 days
after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 13th day of ..May , 1980.
MAYOR
LEON M. WEEKES
ATTEST:
City Clerk
First Reading April 14, 1980
Second Reading May 13, 1980 ...
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