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Home My WebLink About11-030JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3662882 01/06/2012 at 04:21 PM OR BOOK 3353 PAGE 744 - 746 Doc Type: ORDN RECORDING: $27.00 ORDINANCE NO. 11-030 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS; AMENDING SECTIONS 1-9-53 AND 1-9-91 OF THE ST. LUCIE COUNTY CODE; CREATING FINDINGS CONCERNING EXCLUSIVE AND NON-EXCLUSIVE SERVICE AGREEMENTS; AUTHORIZING EXCLUSIVE AND NON-EXCLUSIVE SERVICE AGREEMENTS FOR THE COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS GENERATED ON COMMERCIAL PROPERTY LOCATED WITHIN THE UNINCORPORATED AREA OF THE COUNTY OR GENERATED ON RESIDENTIAL PROPERTY LOCATED OUTSIDE OF THE URBAN INCORPORATED AREA, BUT PROHIBITING EXCLUSIVE SERVICE AGREEMENTS FOR THE COLLECTION OF CONSTRUCTION AND DEMOLITION DEBRIS, YARD TRASH, OR RECOVERED MATERIALS GENERATED ON SUCH PROPERTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Sections 125.01, Florida Statutes, the Board of County Commissioners of St. Lucie County, Florida, has the general responsibility and authority to provide for the collection of solid waste and recyclable materials in the unincorporated area of St. Lucie County; and WHEREAS, the Board has adopted ordinances providing for the collection and disposal of solid waste and recyclable materials that are generated in the unincorporated areas of the County, and such ordinances are codified in Chapter 1-9 of the St. Lucie County Code; and WHEREAS, the Code currently provides that the Board may enter into service agreements giving one person or entity the exclusive right to collect solid waste and recyclable materials from residential property within specified areas of the County; and WHEREAS, Section 1-9-91(b) of the Code currently provides that the Board may enter into service agreements for the non-exclusive right to collect solid waste and recyclable materials from commercial property within the unincorporated area of the County, but Chapter 1-9 of the Code does not explicitly authorize the Board to enter into service agreements that give one person or entity the exclusive right to collect solid waste and recyclable materials from commercial property throughout the unincorporated area of the County; and WHEREAS, the Board has determined that, in general, the County should have the flexibility to enter into exclusive or non-exclusive service agreements, as the Board deems appropriate, for the collection of solid waste and recyclable materials from commercial property within the unincorporated area of the County; provided, however, the Board does not intend to enter into exclusive service agreements for the collection of construction and demolition debris, yard trash, or recovered materials from such commercial property; and Underlined passages are added. 1 Sisaek-tkseugb passages are deleted. WHEREAS, the Board has determined that the use of an exclusive service agreement for the collection of solid waste and recyclable materials from commercial property, subject to the limitations set forth herein, will enable the County to improve the County's solid waste management and recycling programs; and WHEREAS, the Board has determined that it is in the best interests of the public, and it is protective of the public health, safety, and welfare, for the Board to have the flexibility to enter into exclusive or non-exclusive service agreements, as the Board deems appropriate, for the collection of solid waste and recyclable materials generated on commercial property, subject to the limitations set forth herein; and WHEREAS, the Board wishes to amend Sections 1-9-53(h) and 1-9-91(b) of the St. Lucie County Code to implement the determinations set forth above. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA THAT: PART A. Section 1-9-53(h) ("Findines") of the St. Lucie County Code shall be and is hereby amended to read as follows: It is hereby ascertained, determined and declared that: (h) The regulation and authorization of regulated contractors to provide exclusive collection in specific residential service areas and exclusive or non-exclusive collection to commercial properties throughout the unincorporated area promotes efficient and proper management of solid waste and fosters economical opportunities to recover recyclable materials from the waste stream. PART B.Section 1-9-91(b) ("General Authority") of the St. Lucie County Code shall be and is hereby amended to read as follows: (b) The board is hereby authorized to enter into service agreements with any qualified person or entity to provide for the exclusive or nonexclusive collection of solid waste (other than sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility) and recyclable materials, from commercial property throughout the unincorporated area of the county and from residential property located outside of the urban unincorporated area; provided, however, the board shall not enter into exclusive service agreements for the collection of construction and demolition debris, yard trash, or recovered materials from commercial property . Underlined passages are added. 2 StsaEktkre~+gq passages are deleted. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect remaining portions of this ordinance. If this ordinance or any provision hereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstances. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed to send a certified copy of this ordinance promptly to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. After motion and second, the vote on this ordinance was as follows: Chairman Chris Dzadovsky AYE Vice-Chairman Tod Mowery AYE Commissioner Chris Craft AYE Commissioner Paula A. Lewis AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY 20th day of December 2011. S. ~ ~ BOARD OF COUNTY COMMISSIONERS ~-,`~, ~ ~;.`~-~ ST. LUCIE COUNTY FLORID ~'~ ti~ - _ `~ r i ~ ~o ~,' ~ .. s `''' ~ BY: .. y...~ r f :t Ch man - ti t"~~. 1 _ ,l?:s , ,, s 7 r 7- r~'~,` .- ~~, ~ " ~ ~ - - ~, APPROVED AS TO FORM AND .: . ` . C~RREGTNESS ~l " County Attorney Underlined passages are added. 3 StwEk~AreugA passages are deleted. FLORIDA DEPARTMENT O~STATE RICK SCOTT Governor January 10, 2012 DIVISION OF LIBRARY AND INFORMATION SERVICES KURT S. BROWNING Secretary of State Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated January 5, 2012 and certified copy of St. Lucie County Ordinance No. 11-030, which was filed in this office on January 10, 2012. Sincerely, Liz Cloud Program Administrator LC/srd f R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399- 0250 Telephone: 850.245.6600 Facsimile: 850.245.6282 http://info.florida.gov VIVA FLORIDA SOO~ Commemorating 500 years of Florida history www.fla500.com VIVA FIORI~AS00.