HomeMy WebLinkAboutOrdinance_493_08/10/1995ORDINANCE NO. 493
AN ORDINANCE OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE VILLAGE AT CHAPTER
18, SECTION 18-28, RELATING TO SOLID
WASTE AND RECYCLING COLLECTION SERVICE
CHARGES; PROVIDING AMENDMENTS TO USER
CHARGES AND FEES FOR RESIDENTIAL
CURBSIDE SOLID WASTE AND RECYCLING
COLLECTION SERVICES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Village Council executed a franchise agreement
with Nichols Sanitation, Inc., for curbside solid waste and
recycling collection services for a five (5) year period
commencing October 1, 1989, granting the franchisee the
exclusive right to collect solid waste within the municipal
service area; and
WHEREAS, the Village Council, pursuant to the terms of said
• franchise, established user charges and fees for residential
curbside solid waste and recycling collection services; and
WHEREAS, the Village Council amended the franchise agreement
with Nichols Sanitation, Inc. to extend the franchise agreement
for an additional five (5) years commencing October 1, 1994, so
as to extend until September 30, 1999; and
WHEREAS, the Village. Council has elected to assess applicable
properties for the cost of such services; and
WHEREAS, provisions for billing properties not included within
the assessment role are needed to avoid a loss of revenue; and
WHEREAS, in accordance with the franchise, certain charges and
fees for residential curbside solid waste and recycling
collection services have been amended.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS:
Section 1. The Code of Ordinances of the Village of
Tequesta is hereby amended at Chapter 18, Section 18-28,
solid waste and recycling collection service charges, to
read as follows:
• "Sec. 18-28. Solid waste and recycling collection service
charges.
•
(a) Effective October 1, 1995, the Village Manager or
his appointed designee is hereby directed to
commence billing Village of Tequesta residential
customers, on the monthly water bills, for solid
waste and recycling curbside collection service at
the rate specified in the following schedule
established by the Village for those residential
properties not included within the annual assessment
role imposed for said services included upon the tax
bill issued in November of each year by the Property
Appraiser's Office.
(b) Billing for said services on the monthly water bills
shall cease when applicable residential properties
are assessed for same, at the point in time
applicable to the assessment.
(c) The charges for the services billed shall be
designated separately and distinctly on the monthly
water bills rendered to applicable residential
customers of the Village.
(d) The billing for residential curbside solid waste and
recycling collection services shall be as follows:
Refuse Service Collection:
Single-Family Homes
Multi-Family Homes
Recycling Collection:
Single-Family Homes
Multi-Family Homes
Yard Waste Collection:
$7.15 per month
$6.08 per unit per month
$2.02 per month
$1.86 per unit per month
Single-Family Homes
Multi-Family Homes
$1.03 per month
Not applicable
The above rates shall be effective through September 30,
1996, and shall be adjusted beginning October 1, 1996, and
each October 1 of each year thereafter based on the change
in the consumer price index for the preceding twelve month
period commencing on ,7une 1 and ending on May 31 of each
year. The consumer price index shall be based on the
"consumer price index (1982-84 = 100) - all urban
consumers - "south" published by the Bureau of Labor
Statistics for the United States Department of Labor.
A franchise fee equal to six percent (6~) shall be
assessed against each residential customer.
Section 2. Severability. If any provision of this
Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or
applications of this Ordinance which can be given effect
without the invalid provisions or applications, and to this
end, the provisions of this Ordinance are hereby declared
severable.
Section 3. Repeal of Ordinances in Conflict. All other
ordinances of the Village of Tequesta, Florida, or parts
thereof which conflict with this or any part of this Ordinance
are hereby repealed.
Section 4. Codification. This Ordinance shall be
codified and made a part of the Official Code of Ordinances of
the Village of Tequesta.
Section 5. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided
by law.
THE FOREGOING ORDINANCE WAS OFFERED BY Councilmember
Schauex who moved its adoption. The Ordinance
was seconded by Councilmember Hansen and
upon being put to a vote, the vote was as follows:
• FOR ADOPTION AGAINST ADOPTION
William E. Burckart
Joseph N. Capretta
Carl C. Hansen
Elizabeth A. Schauer
The Mayor thereupon declared the Ordinance duly passed and
adopted this 10th day of August , A.D., 1995.
MAYOR OF TEQUESTA
ATTEST:
~~il~ ~ ~7 d.PJ~A.t~~~ 2-
Ron T. Mackail
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. J nn Mangani llo
Village Clerk