O64-23ORDINANCE NO. 6 4- 2 3
AN EIgE. R~GENCY ORDINANCE OF THE CITY OF BOYNTON
BEACH~ FLORIDA, PROVIDING FOR THE EXCLUSIVE
REMOVAL OF GARBAGE AND TRASH WITHIN THE MUNI--
CIPAL LIMITS OF SAID CITY BY THE MUNICIPAL FORCES
OF THE CITY OF BOYNTON BEACH, FLORIDA, OR ITS
DULY DESIGNATED CONTRACTOR; FURTHER PROVIDING
FOR THE EXCLUSIVE USE OF THE PUBLICLY DEDICATED
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 13-10 , SECTION 13-15 and SECTION 13-16 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 Findings
WHEREAS, the collection and disposal of garbage, trash and
waste products are not only a lawful but an affirmative duty imposed upon the
City o!f Boynton Beach, Florida, and within the police power,~ o£~ said
municipality; and
WHEREAS, the CITY OF BOYNTON 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 detrimental to the public
health and that the municipal gover~ent~ acting for the common good of all,
must insure that the collection, transport ation through the streets and final
disposition of such items be continued in an efficient and economical manner
for the general benefit of all citizenSof said municipality; and
WHEREAS, the City presently has a substantial investment 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 imposition and collection of its garbage service
charges, all of which could be seriously impaired o:r~j ~e~par~d. iize~d~ if unlimited
authority or authorization were granted to individuals or competing private
concerns to engage in or conduct a garbage and trash collection business
within the City; and
WHEREAS, it is deemed in the best interest of the inhabitants
of the City that in order to insure a continuity of sound, effective, and eco-
n omic garbage collection service, that the municipal govern~aaent of the City
o£ Boynton Beach, Florida. be vested with the sole and exclusive authority
and duty of performing this function within the municipal limits of the City of
Boynton Beach, Florida~ provided, however, that.if it should appear that such.
service can be performed more effectively and economically by private enter-
prise that said function may be contracted for by the City o~. an exclusive
franchise basis after competitive bids have been obtained therefQr; and
WHEREAS, this action is deemed to be an emergency measure
enacted for the immediate preservation of the public peace, prol~erty, health
and safety of the inhabitants of the City of Boynton Beach. Florida, and for
the efficient daily operation of the Municipal Sanitation Department of said
City,
NOW, THEREFORE, be it ordained by the City Council of lhe
CITY OF BOYNTON BEACH, FLORIDA:
SECTION 1: That Section 13-10. Section 13-15 and Section 13-16
of the codified ordinances of the CITY OF BOYNTON BEACH, FLORIDA. are
hereby repealed in their respective entir~e~t~i~es'.
SECTION 2: Thai the governmental function of collection.
removal and disposition of all garbage, trash and refuse within the municipal
limits of the CITY OF BOYNTON BEACH, FLORIDA, is hereby exclusively
vested in the municipal government of said City and all other individuals.
persons, firms or corporations are hereby specifically prohibited from en-
corporate
gaging in such practice or business within the/limits of said municipality, and
fr om utilizing the publicly de dicate d sire et s. alleys or thoroughfare s for s aid l~r po
provided, however, thai in the event lhe City Council should determine 'that
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said functions can be performed by private enterprise on a more economical
and efficient basis, said Council may, after receiving competitive bids
therefor, award an exclusive franchise to a private concern for the perfor-
mance 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 municipality.
SECTION 3: Repealing Provisions. All ordinances or parts of
ordinances in ~onflict herewith are hereby repealed.
SECTION 4: Authority 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 o£ this ordinance shall upon conviction thereof be fined
in an amount not exceeding $;500. 00, or by imprisonment in the City Jail for
a period not exceeding 90 days, or by both such fine and imprisonment.
SECTION 6: Separability. Each o£ the provisions of this
ordinance are separable including~ worck, 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 7: Effective Date. This ordinance is deemed to be an
emergency ordinance and shall become effective immediately.
First reading and final passage this ~day of ~b k/~a4 6~,
A~ D. 1964.
~,Corporate Seal)
City Cl~r~ '
BEACH, FLORIDA
Councilman
//
Councilm an
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