ORDINANCE NO. 04-09

 

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA EXTENDING AN EXCLUSIVE SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION FRANCHISE TO HARRIS SANITATION, INC.; PROVIDING A SEVERABILITY CLAUSE, REPEAL OF INCONSISTENT ORDINANCES AND RESOLUTIONS, AND AN EFFECTIVE DATE;

 

WHEREAS, the Town of Indialantic, Florida has entered into an exclusive solid waste and recyclable material collection franchise with Harris Sanitation, Inc. effective September 17, 1996; and

 

WHEREAS, the franchise agreement provides for the Town to have the option to  extend the agreement for an additional five (5) year period from September 17, 2004 until September 16, 2009; and

 

WHEREAS, the Town Council hereby determines that this Ordinance will promote the public health, safety, aesthetics, economic order, and welfare of the Town of Indialantic, Florida.

 

NOW THEREFORE BE IT ENACTED BY THE TOWN OF INDIALANTIC, FLORIDA, that:

 

SECTION 1.            Adoption of Solid Waste Agreement Extension.  That the Agreement by and between the Town of Indialantic, Florida a Florida Municipal Corporation, and Harris Sanitation, Inc., a Florida Corporation, as set forth in exhibit “A” on file in the Clerk’s Office is hereby adopted.

 

SECTION 2.            Severability Clause.  In the event that any term, provision, clause, sentence or section of this ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences or sections of this ordinance, and this ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence or section did not exist.

 

SECTION 3.            Ordinances and Resolutions in Conflict.  All ordinances or resolutions or parts thereof that may be determined to be in conflict   herewith are hereby repealed.

 

SECTION 4.           Effective Date.  This Ordinance shall be effective upon adoption.

 

Passed on first reading this 20th day of April, 2004 and on final reading this 18th day of May, 2004.

 

TOWN OF INDIALANTIC

 

 

_____________________

Daniel S. Trott

Attest:            __________________________                          Mayor

Laura Eaton, CMC

Town Clerk