8106-09
ORDINANCE NO. 8106-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RESCINDING SECTIONS 32.272(4) and 32.288 OF ORDINANCE
NO. 8025-09; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater previously adopted Ordinance No. 8025-09,
effective June 18th, 2009, amending Article VII, Solid Waste Management, sections 32.271
through 32.322, Appendix A, Schedule of Fees, Rates and Charges, Article XXV, Public
Works-Fees, Rates and Charges, Section (3)(c) Solid Waste Collection Rates through Solid
Waste Roll-Off Container or Waste Receptacle Service (5)(b)(ii)(7), Clearwater Code of
Ordinances; and,
WHEREAS, section 32.272(1) generally provided that all refuse accumulated in the
City shall be collected, conveyed and disposed of by the City government
WHEREAS, section 32.272(4) was amended by ordinance no. 8025-09 to allow
private collectors who currently hold a city-issued permit for placing and servicing roll-off
containers, compactors, or waste receptacles for commercial and industrial waste to
continue providing such service during the duration of all such existing customer contracts
for that service, so long as all contracts for the provision of such service were entered into
on or before June 4,2009.
WHEREAS, section 32.288 was amended by ordinance no. 8025-09 to make it
unlawful, pursuant to section 32.272(1), for any party, other than the City to engage in the
business of collecting, removing, or disposing of construction or demolition debris and
commercial or industrial waste, except under the following circumstances: a party currently
held a city-issued permit for such service, and such party continued to adhere to the yearly
renewal requirements for such permit until all pending contracts entered into on or before
June 4, 2009 expired; a party obtained a permit after the City first determined that it was
unable or unwilling to collect, remove, or dispose of a particular type or volume of refuse; or
a party obtained a permit because it is in the business of servicing only individual trailers or
other similar rubber tire vehicles that are no larger than fifteen (15) cubic yards.
WHEREAS, in amending the above sections, the City's intent was to eventually
become the exclusive collector of all refuse accumulated within the City by gradually
phasing out a permitting program that has become inefficient and too costly to administrate.
WHEREAS, according to section 402.70605, Florida Statutes, the City's gradual
phasing out of the current permitting program constitutes "displacement" of private
collectors who currently hold or could hold a city-issued permit for the placing and
servicing of refuse collected; therefore, the aforementioned statute precludes the City from
phasing out the permitting program until it has afforded such affected parties notice of a
public hearing seeking comment on the advisability of the City providing such service and
then providing three years' further notice after the public hearing is held before the City
actually engages in the actual provision of service that displaces all affected parties.
Ordinance No. 8106-09
WHEREAS, prior to the adoption of ordinance no. 8025-09 on June 18th, 2009, the
requisite statutory requirement was not met; thus, it is necessary to rescind sections
32.272(4) and 32.288 of ordinance no. 8025-09 in order to satisfy such statutory notice
requirement before taking future action to phase out the permitting program; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Sections 32.272(4) and 32.288 of ordinance no. 8025-09 are hereby
rescinded, and the pre-amendment language shall be take full force and effect.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
September 17, 2009
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 22, 2009
J~Y~
Frank V. Hibbard
Mayor
Attest:
Camilo A. Soto
Assistant City Attorney
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Ordinance No. 8106-09