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					                                   RESOLUTION 2008 -____

       A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
       COAST,   FLAGLER    COUNTY    FLORIDA,  RELATING  TO
       COMMERCIAL SOLID WASTE COLLECTION, TRANSPORT AND
       DISPOSAL; PROVIDING FOR THE ASSESSMENT OF COMMERCIAL
       SOLID WASTE COLLECTION, TRANSPORT AND DISPOSAL
       FRANCHISE AND APPLICATION FEES;        PROVIDING FOR
       SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR
       IMPLEMENTING ACTIONS AND PROVIDING FOR AN EFFECTIVE
       DATE.

       WHEREAS, the City Council of the City of Palm Coast finds it in the public interest to
ensure that all areas within its City Limits are provided with high quality collection, transport
and disposal of commercial solid waste and commercial recyclable materials; and
       WHEREAS, the City Council of the City of Palm Coast finds it in the public interest to
ensure compliance with State laws pertaining to solid waste management, to the extent
applicable to the City, in order to protect the environment by prudent use of limited resources;
and
       WHEREAS, the Solid Waste Management of 1989, as codified at Part IV, Chapter 403,
Florida Statues, mandates participation in recycling for counties and municipalities and places
certain restrictions on the types of solid waste that may be disposed of in landfills; and
       WHEREAS, the City Council of the City Palm Coast finds it in the public interest to
establish a comprehensive commercial solid waste collection, transport and disposal system to
engage in a commercial recycling program and to take all necessary actions to provide for the
success of such system and program; and
       WHEREAS, in order for the collection, transport and disposal of commercial solid waste
and commercial recyclable materials to be accomplished in an economical and safe manner, the
City Council of the City of Palm Coast determined that it was in the public interest for such
commercial collection, transport and disposal to be made non-exclusively through an annual
franchise agreement process; and
       WHEREAS, the City Council of the City of Palm Coast has been very prudent in
ensuring that the citizens and business owners of Palm Coast are well served under the
provisions of the Franchise Agreement and the implementation and management of the Franchise

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Agreement by the City and has, in fact, been able to reduce costs to the citizens and business
owners of the City of Palm Coast at appropriate times; and
       WHEREAS, the City is authorized by all applicable State law and the constitutional and
statutory home rule powers of the City to enter into a non-exclusive franchise for the collection
of commercial solid waste and commercial recyclables, to institute a mandatory commercial
solid waste collection program and to take the actions set forth in this Resolution; and
       WHEREAS, pursuant to provisions of applicable law including, but not limited to,
growth management and environmental protection laws, it is incumbent upon, and fiscally
responsible for, the City Council of the City of Palm Coast to set rates, fees and charges for
commercial solid waste services furnished under and pursuant to the franchise agreement.
       NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PALM COAST, FLORIDA AS FOLLOWS:
       SECTION 1. PURPOSE AND INTENT.                    The above recitals (whereas clauses) are
hereby adopted as the purpose and intent of the City Council of the City of Palm Coast as to the
adoption of this Resolution.
       SECTION 2. FEES. The following fees are hereby established:
       1.              Commercial Solid Waste Collection Application Fee - $2,500.00 fee shall
                       be charged annually to applicants for commercial solid waste collection
                       franchises.
       2.              Franchise Fee - 10% of gross revenues billed monthly shall be paid to the
                       City for commercial solid waste collection.
       3.              Yard Waste Exemption Administrative Fees - $50.00 shall be charged for
                       each yard waste exemption application submitted for gated residential
                       communities, multi-family/mobile home complexes as described in
                       Section 12c of Ordinance Number 2008-xx.
       4.              Franchise Transfer Fee – Upon obtaining a formal written approval from
                       the City, a negotiated fee of not less than $10,000.00 shall be charged for
                       transferring a franchise to a successor franchisee.
       SECTION 3. CONFLICTS. All resolutions or parts of resolutions in conflict with any
of the provisions of this Resolution are hereby repealed.

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       SECTION 4. IMPLEMENTING ACTIONS.                       The City Manager, or designee, is
hereby authorized to take any actions necessary to implement the action taken in this Resolution.
       SECTION 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon
adoption by the City Council.
       PASSED and ADOPTED at the meeting of the City Council of the City of Palm Coast,
Florida, on this 19th day of February 2008.

                                                   CITY OF PALM COAST, FLORIDA



                                                   JON NETTS, MAYOR

   ATTEST:


   CLARE M. HOENI, CITY CLERK

Subject Title: Commercial Solid Waste Ordinance




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