G-578(59-64) 0RDINANCE N0.G-578'
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA, PRO-
VIDING FOR THE EXCLUSIVE REMOVAL OF GARBAGE
AND TRASH WITHIN THE MUNICIPAL LIMITS OF
SAID CITY BY THE MUNICIPAL FORCES OF THE
CITY OF DELRAY BEACH, FLORIDA, OR ITS DULY
DESIGNATED CONTRACTOR; FURTHER PROVIDING
FOR THE EXCLUSIVE USE OF THE PUBLICLY DEDI-
CATED STREETS OF SAID MUNICIPALITY BY SAID
MUNICIPAL GOVERNMENT OR ITS DESIGNATED
CONTRACTOR FOR THE PURPOSE OF CONDUCTING
THE GOVERNMENTAL FUNCTION OF GARBAGE AND
TRASH COLLECTION; REPEALING SECTION 14A-9,
SECTION 14A-11 and SECTION 14A-12 OF THE
CODIFIED ORDINANCES OF SAID CITY; PROVIDING
A PENALTY CLAUSE: AUTHORITY TO CODIFY; A
SAVINGS CLAUSE; EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
Preamble setting forth Legislative.Fin. dinKs
WHEREAS, the collection and disposal of garbage, trash
and waste products are not only a lawful but an affirmative duty
imposed upon the City of Delray Beach, Florida, and within the
police powers of said municipality; and
WH~EAS, the CITY OF DELRAY BEACH, FLORIDA, is now
and has for many years last past, performed said service for
the inhabitants of the City in an efficient and economical
manner; and
WHEREAS, it is recognized that garbage, trash or refuse
is a nuisance per se and that an accumulation thereof if not properly
collected is an actual and potential source of disease and detri-
mental to the public health and that the municipal government,
acting for the common good of all, must insure that the collec-
tion, transportation through the streets and final disposition
of such items be continued in an efficient and economical manner
for the general benefit of all citizens of said municipality; and
WHEREAS, the City presently has a substantial invest-
ment in equipment and trained personnel to perform the above
municipal functions and has a substantial portion of its annual
municipal budget geared to the anticipated income from the im-
position and collection of its garbage service charges, all of
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which could be seriously impaired or jeopardized if unlimited
authority or authori~.ation were granted to individuals or com-
paring private concerns to engage in or conduct a garbage and
trash collection business within the City; and
~EREAS, it is deemed in the best interest of the in-
habitants of the City that in order to insure a continuity of
sound, effective, and economic garbage collection service, that
the municipal government of the City of Delray Beach, Florida,
be vested with the sole and exclusive authority and duty of
performing this function within the municipal limits of the City
of Delray Beach, Florida, provided, however, that if it should
appear that such service can be performed more effectively and
economically by private enterprise that said function m~y be
contracted for by the City on an exclusive franchise basis after
co~etitive bids have been obtained therefor; and
WHEREAS, this action is deemed to be an emergency
measure enacted for the immediate preservation of the public
peace, property, health and safety of the inhabitants of the
City of Delray Beach, Florida, and for the efficient daily
operation of the ~4unicipal Sanitation Department of said City.
NOW, THEREFORE, be it ordained by the City Council
of the CITY OF DELRAY BEACH, FLORIDA:
SECTION 1: That Section 14A-9, Section 14A-11 and
Section 14A-12 of the codified ordinances of the CITY OF DELRAY
BEACH, FLORIDA, are hereby repealed in their respective entireties.
SECTION 2~ That the governmental function of collec-
tion, removal and disposition of all garbage, trash and refuse
(except garden trash) within the municipal limits of the CITY
OF DELRAY BEACH, FLORIDA, is hereby exclusively vested in the
municipal government of said City and all other individuals,
persons, firms or corporations are hereby specifically pro-
hibited from engaging in such practice or business within the
corporate limits of said municipality, and from utilizing the
publicly dedicated streets, alleys or thoroughfares for said
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purposes, provided, however, that in the event the City
Council should determine that said functions can be per-
formed by private enterprise on a more economical and
efficient basis, said Council may, after receiving competi-
tive bids therefor, award an exclusive franchise to a private
concern for the performance of said functions upon such terms
and conditions as are determined by the City Council, in their
judgment, to be most beneficial to the citizens of the munici-
pality.
SECTION 3: Repealing Provisions. Ail ordinances or
parts of ordinances in conflict herewith are hereby repealed.
SECTION ~: Au.thority to Codify. This ordinance may
be codified and incorporated into the City's existing code.
SECTION 5: Penalty. Any person, firm or corporation
violating any of the provisions of this ordinance shall upon
conviction thereof be punished in accordance with Section 14A-13
of the Code of Ordinances of this City.
SECTION 6: Separability. Each of the provisions of
this ordinance are separable including word, clause, phrase, or
sentence, and if any portion hereof shall be declared invalid,
the remaining portion shall not be affected but shall remain in
full force and effect.
SECTION .~: Effective Date. This ordinance is deemed
to be an emergency ordinance and shall become effective immediately.
PASSED and ADOPTED on this 23 day of November ., 1964.
MEyor ~1 -
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ATTEST:
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DELRAY BEACH NEWS-JOURNAL
Published Semi.Weekly
Delray Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA ~
COUNTY OF PALM BEACH ~ - /"
w~ho on oath says fl'~at he/she is ../~-/.--'.~~ ...... of The Delray Bea~
Lu the ....~ ............................................................ Court, was published in ,~fid newspaper in
i.~ue~ ~ .............................................. ~ .........................................................................
).ffiant further .says that the said Delray Beach News-Journal is a newspaper published at Delm¥
Beach, ill 8aid l:~alm Boa. eh Cou_nty, ~lorida, ~nct that the said new~paper has heretofore been
continuously pub~ in said Palm Beach County, Florida, each week and has been entered
as ~:mond ~ mail matter at the post office in Delra¥ Beach, in saki Palm Beach County',
~lorida, for a period of one year next preceding the fir-~t publication of th~ attaeh~l cop7 of
vertisement; and affiant further says that he has neither paid ~or promised any person, firm
corporation an7 discount, rebate, commission or refund for the lmrpose of seem~_g
thqement fo~ publication in the ~a.id newspaper.
:/. dc. ...
, ,~EOF AT LAR6E
M~ COMMISSION EXPIRES OCT. 25, 1968