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ORDINANCE NO. 2009-4185
An ordinance of the City Commission of the City of Sanford, Florida relating
to solid waste collection rates; providing for legislative findings and intent;
providing for a short title; providing for amendment of Section 86-122 of the
City Code of the City of Sanford to provide for regular rate adjustments to
rates based upon the Consumer Price Index approved by the City, but not
exceeding three per cent (3%) per year subject to various conditions and
data; providing for implementing administrative actions and rules; providing
for conflicts; providing for a savings provision; providing for codification;
providing for severability and providing for an effective date.
Be it enacted by the People of the City of Sanford, Florida:
Section 1. Legislative findings and intent. A new section ofthe City Code of the City
of Sanford is created to read as follows:
(a). This Ordinance is enacted pursuant to the home rule powers of the City of Sanford
as set forth at Article VIII, Section 2, of the Constitution of the State of Florida; Chapter 166,
Florida Statutes; and other applicable controlling law.
(b). The City Commission of the City of Sanford hereby adopts and incorporates into
this Ordinance the findings of this Section the City staff report and City Commission agenda
memorandum relating this Ordinance.
(c). The City of Sanford has complied with all requirements and procedures of Florida
law in processing and advertising this Ordinance.
(d). Although not a land development regulation, this Ordinance is consistent with the
goals, objectives and policies of the Comprehensive Plan of the City of Sanford.
Section 2. Amendment to Section 86-122.
Sec. 86-122. Service rates. Section 86-122 of the City Code of the City of Sanford is
amended to read as follows:
CODING: Underlined text is added language to City Code and strikothrough text is
deleted language to City Code. When all new text is presented, no underlining is shown.
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Rates for all services, shall be as set forth in the solid waste collection agreement: provided.
however. that commencina on Julv 1. 2010. and on Julv 1 of each vear thereafter the rates shall
be adiusted bv an increase of not to exceed three per cent (3%), if the solid waste
franchisee/contractor does not obiect: provided. further. however. that such rate increases shall
be based upon the Citv's analvsis of the appropriate most recent Consumer Price Index data.
The annual rate adiustment shall be supplemental to anv adiustment made for unusual and
extraordinarv cost chanaes as mav be set forth in a franchise aareement.
Section 3. Implementing administrative actions. A new section of the City Code of
the City of Sanford is created to read as follows:
The City Manager, or designee, is hereby authorized and directed to implement the
provisions of this Ordinance and to take any and all necessary administrative actions to include,
but not be limited to, the adoption of administrative rules.
Section 4.
Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed;
provided, however, that this Ordinance shall not affect any code or ordinance of the City which
provides for a mechanism for enforcement of the City's codes and ordinances by the City.
Section 5.
Savings.
The prior actions of the City of Sanford in implementation of its solid waste programs and
activities are hereby ratified and affirmed including those relating to the establishment of rates.
Section 6. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined to be
invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair
the validity, force or effect of any other section, sentence, phrase, word, or portion of this
Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional.
Section 7. Codification.
This Ordinance shall be codified in the City Code of the City of Sanford; provided,
however, that Sections 1, 3, 4, 5, 6, 7 and 8 shall not be codified. The Code Codifier is granted
broad and liberal authority to change section numbers in the current City Code and take other
appropriate actions as set forth in Section 1-10 of the City Code.
CODING: Underlined text is added language to City Code and strikothr-ough text is
deleted language to City Code. When all new text is presented, no underlining is shown.