ORDINANCE NO. 06-06

 

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA AMENDING THE SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION FRANCHISE WITH 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 solid waste franchise agreement was extended until September 16, 2009 by Ordinance 04-09, adopted May 18, 2004; and

 

WHEREAS, the Collector desires to provide for the collection of solid waste, industrial waste, construction or demolition debris, special waste and recyclable materials within the Town; and

 

 WHEREAS, 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 Amendment #1 to 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 amended.

 

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  All ordinances or resolutions or parts thereof that may be determined to be in conflict   herewith are hereby repealed.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 _____ day of January, 2006 and on final reading this _______ day of February, 2006.

 

TOWN OF INDIALANTIC

 

 

_____________________

Daniel S. Trott

Attest:            __________________________                          Mayor

Laura Eaton, CMC

Town Clerk