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HomeMy WebLinkAboutOrdinance_463_10/14/1993ORDINANCE NO. 463 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 municipality 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 has 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, in consideration of the extension of the term of the franchise certain charges and fees for residential curbside solid waste and recycling collection services have been reduced and 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, 1993, 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. • (b) The charges for the services billed shall be designated separately and distinctly on the monthly water bills rendered to customers of the village. C • (c) 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: Single-family homes Multi-family homes $6.93 per month $5.90 per unit per month $1.96 per month $1.80 per unit per month $1.00 per month Not applicable The above rates shall be effective through September 30, 1995, and shall be adjusted beginning October 1, 1995, 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 June 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 effective October 1, three percent (3%) of which shall be effective October 1, 1993, the remaining three percent (3%) becoming effective October 1, 1994." 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 S conflict with this or any part of this Ordinance are hereby repealed. 2 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, however the effective dates of the reduced rate schedule shall be retroactive to October 1, 1993. THE FOREGOING ORDINANCE was offered by Councilmember Schauer who moved its adoption. The Ordinance was seconded by Councilmember Collin s and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Ron T. Mackail Joseph N. Capretta • tailliam E. Burckart Earl L. Collings Elizabeth A. Schauer The Mayor thereupon declared the Ordinance duly passed and adopted this 14th day of October 1993. MAYOR OF TEQUESTA ~ow ~. ~'/ ae~b~o Ron T. Mackail ATTEST: illage Clex JCR\131530RD\SUIlID41AS.ORD r: 3