§ 106-93. Findings.

The board of county commissioners hereby makes the following findings:

(1)

The declaration of policy set forth in section 106-52 has been examined and determined to be a correct statement of policy of the county on August 23, 1988.

(2)

The county, the most densely populated Florida county, whose population generates in excess of 1,100,000 tons of solid waste per year, finding its only available landfill for solid waste disposal being rapidly depleted, and because additional landfill is not available in the county, with the consequent threat to the health and welfare of its residents and environment, pursuant to division 2 of this article, has acquired and constructed and now operates and maintains a solid waste disposal and resource recovery system (the "system").

(3)

Construction of the system has been financed by the issuance by the county of its solid waste and electric revenue bonds, series 1980 (resource recovery system) and its solid waste and electric revenue bonds, series 1983 (resource recovery system) (the 1980 and 1983 bonds are collectively referred to in this section as the "bonds"). Pledged revenues as described in the official statements for the bonds have been pledged as security for the payment of the principal of, and interest on, amortization installments referenced in the official statements relating to and redemption premiums, if any, with respect to the bonds. The pledged revenues include net operating revenues as described in the official statements.

(4)

The county has agreed in connection with the issuance of the bonds to establish and collect fees, rates and other charges for services provided by the system to assure that sufficient net operating revenues are generated to meet the requirements described in the official statements.

(5)

To assure that sufficient net operating revenues are generated as stated in this section, it is necessary that solid waste generated within the county is disposed of in the system, that no other solid waste disposal system or facility is operated or maintained within the county except pursuant to agreement with or license or permit from the county, and that all persons located within the county use the system for solid waste disposal.

(6)

To assure that the system receives an adequate quantity of solid waste generated within the county, it is necessary to require all persons within the county to use exclusively the system or a solid waste disposal system or facility operated or maintained by agreement with the county or by license or permit with the county for the disposal of all waste generated within the county, and to provide for a surcharge for use of the system's facilities and services to dispose of solid waste generated outside the county.

(7)

In addition to empowering the county to acquire, construct, maintain and operate the system, division 2 of this article grants to the county, among others, the following powers:

a.

To compel persons located within the territorial boundaries of the county to use the system for solid waste disposal.

b.

To prohibit the operation or maintenance of solid waste disposal systems or facilities by any person within the territorial boundaries of the county, except as operated or maintained by the county or by agreement with the county or by license or permit from the county.

c.

To establish and collect fees, rates or other charges for use of the facilities and services of the system.

d.

To provide for the issuance of licenses or permits for the collection of solid waste in the unincorporated area of the county.

(8)

The provisions of Charter section 2.04(b) grant to the board of county commissioners the power to develop and operate solid waste disposal facilities and to furnish services of such facilities within municipalities located in the county. Section 2.04 of the Charter also provides that, when directly concerned with the furnishing of the services described in such section, county ordinances shall prevail over municipal ordinances when they are in conflict.

(9)

The provisions of F.S. § 403.713 authorize any local government that undertakes resource recovery of solid waste pursuant to general law or special act, to control the collection and disposal of solid waste which is generated within its boundaries and to institute a flow control ordinance for the purpose of ensuring that its resource recovery facility receives an adequate quantity of solid waste generated within its jurisdiction.

(10)

The county is currently capable of disposing of all solid waste generated and/or collected within the county.

(11)

This division is adopted pursuant to the authority and power granted to the board of county commissioners by division 2 of this article, by Charter section 2.04, by F.S. § 403.713, and by other applicable law.

(Ord. No. 88-26, § 1, 8-23-88)