§ 90-92. Findings.

For this article, it is found and declared by the board of county commissioners:

(1)

The findings of fact set out in Laws of Fla. ch. 87-441 (the "act") have been examined and determined to be true on the date of adoption of the ordinance from which this article derives.

(2)

There is an excessive accumulation of solid waste on private property and an inordinate amount of littering on and near public rights-of-way within the county resulting in the necessity for more stringent regulation of solid waste disposal practices within the county to protect the health, safety and welfare of the citizens of the county.

(3)

It is necessary for the promotion of the common interest of the people of the county to provide for the effectuation and financing of a solid waste disposal and resource recovery system, and it is necessary to the health, safety and welfare of the citizens and residents of the county to provide an adequate solid waste disposal and resource recovery system for all residents and commercial, industrial and agricultural operators within the county.

(4)

Because of matters stated in subsections (1) through (3) of this section, the county anticipates the issuance of solid waste and resource recovery revenue bonds to finance the acquisition and construction of the solid waste disposal and resource recovery system, which bonds among other things will obligate the county to impose by law disposal service charges against improved properties or classes thereof located within the county for use of the solid waste disposal and resource recovery system.

(5)

The act and F.S. ch. 403 authorize the board of county commissioners to construct, operate and maintain or contract with persons for the construction, operation and maintenance of the solid waste disposal and resource recovery system for the use and benefit of the inhabitants of the county and grants to the county the power to:

a.

Compel the inhabitants of the county to use the solid waste disposal and resource recovery system established by the county exclusive of any other facilities being operated or maintained by any other governmental authorities or private parties; and

b.

Prescribe, fix, establish and collect rates, fees, assessments, rentals or other charges for the use of the solid waste disposal and resource recovery system and to pledge such revenues as security for the payment of bonds issued under the legal authority for the construction of the solid waste disposal and resource recovery system.

(6)

The inefficient and improper methods of managing solid waste create hazards to public health, cause pollution of the air and water resources, constitute a waste of natural resources, have an adverse effect on land values and create public nuisances.

(7)

The operation of numerous independent and separate solid waste disposal facilities by the county and private entities with varying standards of operation and control creates a serious and critical health and safety problem to all of the citizens of the county and the use of one solid waste disposal and resource recovery system operating uniformly and with minimum ecological impact in the county is vital and imperative to the health, safety and welfare of the people of the county and other living things.

(8)

F.S. §§ 125.01 and 403.706 grant the board of county commissioners the power to provide for and regulate solid waste collection and disposal.

(9)

The county is capable of disposing of all solid waste generated in the county.

(10)

It is the purpose of this article to implement the act, F.S. ch. 403, and the covenants contained in any ordinance, resolution or indenture securing the issuance of the bonds.

(11)

This article is adopted under the authority and power granted the board of county commissioners under the act, F.S. § 125.01 and F.S. chs. 197 and 403 and other applicable law.

(12)

The construction, operation and maintenance of solid waste disposal and resource recovery system is a benefit and improvement to all improved real property in the county, regardless of use and occupancy of such property.

(13)

The construction, operation and maintenance of the solid waste disposal and resource recovery system directly improves and benefits all improved real property by ensuring a source for the disposal of solid waste being generated or potentially to be generated on such improved real property that is practical and compatible with the health and safety of all citizens in the county.

(Code 1970, § 23-71; Ord. No. 89-07, § 1, 3-7-89)