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HomeMy WebLinkAboutResolution_64-99/00_06/08/2000• RESOLUTION NO. 64 -99/00 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, ADOPTING THE REFUSE, RECYCLING AND YARD WASTE COLLECTION RATES FOR FY 2001 AND AUTHORIZING TRANSMITTAL OF THE APPLICABLE NON- AD VALOREM ASSESSMENT RATES FOR ALL RESIDENTIAL PROPERTIES IN THE VILLAGE TO THE PALM BEACH COUNTY PROPERTY APPRAISER AND/OR TAX COLLECTOR FOR NON-AD VALOREM ASSESSMENT PURPOSES. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The following Refuse, Recycling and Yard Waste Rates are hereby adopted effective October 1, 2000 for FY 2001: • Total Single-Family Annual Rate for all .Collection Services (Refuse/Recycling/Yard Waste) _ $93.55 • Total Multi-Family Annual Rate for all Collection Services (Refuse/Recycling/Yard Waste) _ $93.55. Section 2. The Acting Village Manager or her designee is hereby authorized to transmit the above- referenced Single-Family and Multi-Family Rates to the Palm Beach County Property Appraiser and/or Tax Collector as a Non-Ad Valorem Assessment for assessment purposes. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Schauer who moved its adoption. The motion was seconded by Councilmember Genco and upon being put to a vote, the vote was as follows: • r1 LJ FOR ADOPTION AGAINST ADOPTION Basil E. Dalack Elizabeth A. Schauer Sharon D. Walker Joseph N. Capretta The Mayor thereupon declared the Resolution duly passed and adopted this 8th day of June, A.D, 2000. ATTEST: ~-a~.~....ti. oann Mangan llo Village Clerk Resolution\Refuse\Recycling MAYOR OF TEQUESTA~/ ~r=~ ~fw I >wY~ _ l,~i ~~ ,.! d'~ p ram;- for Joseph N. Capretta • Jun-08-00 11:35A Town of Juno Beach 561 775 0812 P.02 t.. , • The Contractor's request must be made within ninety (9p} days of the occurrence ~f such unusual change or cost, and shall contain substantial proof and justification, as determined by the Town Manager, to support the need for the rate adjustment. The town may request from the Contractor, and the Contractor shall provide, such further information as may be reasonably necessary in making its determination. The Town shall approve or deny the request, in whole ar in part, within sixty (60} days of receipt of the request and all other additional information required by the Town. 17.5 Consumer Price Index Adjustment The rates in Exhibit II shall be adjusted commencing October 1, 2000 and each October 1st thereafter, based on the change~in tl~e previous year's Consumer Price Index (CPI). Each nr;w rate shall be computed pursuant to the following calculations: New Price = [(CP12 - CP11) + 1] x Current Price CP11 • "CP1" -the Consumer Price Index (1982-84=100) for the U.S. City Average items -All Urban Consumers -South, published by the United States Department of Labor, Department of Labor Statistics. "CP11" -the published CPI for the month of April of the preceding year. "CP12" -the published CPI for the month of April for the year in which the rate is being adjusted. Adjustments to the prices made in accordance with this subsection are intended to reflect changes in the purchasing power of a given amount of money expressed in dollars. If CP11 and CP12 are not expressed in relation to the same base period or if a material change is made in the method of establishing CPI, the County and the Contractor shall make an appropriate statistical adjustment or conversion. If the CPI is discontinued, the Town and the Contractor shall mutually select another index published by the United States government or by a reputable publisher of financial and economic indices. 17.6 Level and Type of Service for Collection of Other Wastes. Where the Contractor agrees to collect Special Waste or Sludge, a written agreement between the Contractor and the customer shall be entered into regarding the level and type of service to be provided, at a rate to be negotiated between the parties involved. However, upon failure of the parties to reach such an agreement for commercial services only, either • Marty may apply to the Town Manager, rvho shall establish the level and type of services to be provided, including the area of the container and number of pickups per week. All such collection and disposal for those types of waste in this section, when done by the 27. <z-~-e. ~~~~ ~ .. 17.4. ~ ~ Unusual Changes or Cgsts. The CoratrQCtor may petition the_ Village to ~~' adjust the rates 'iri Exhibit II based upon unusual and unanticipated increases in the cost of doing business, including but not limited to a change in law or regulation ("Change in Law"). Any such request ,shall be supported by full documentation establishing the increase in operating costs and the reasons therefor. The Village shall be entitled to audit the Contractor's financial and operational records directly related to the Contractor's request in order to verify the increase in costs and the reasons therefor. "Change in Law" means (I) the adoption, or modification after the date of this Agreement of any law, regulation, order, statute, ordinance, or~rule that was not adopted, promulgated, or modified on or before the date ~ a# this Agreement, or (ii) the imposition of any material conditions in connection with the issuance, renewal, or modification of any permit, license, or approval after the date of this Agreement ,which in the case of either (I) or (ii) establishes requirements affecting the Contractor's operation under this Agreement more .burdensome than'the requirements that are applicable to Contractor and in effect as of the date of this Agreement. A.change in any federal, State, county, . or other tax law or workers compensation law shall not be a Change of Law. However, in the event that a federal, state or local entity imposes a fee, charge or tax after the date of this Agreement that applies to Contractor's operations per se, such fee, charge or tax shall be treated as a Change in Law. The Contractor's request must be made within ninety (90) days of the occurrence of such unusual change or cost, and shall contain substantial proof and justification, as determined by the Village Manager, to support the need for- the rate adjustment. The Village may request from the Contractor, and the Contractor shall provide, such further information as may be reasonably necessary in making its determination. The Village shall approve or deny the request, in whole or in part, within sixty (60) days of receipt of the request and all other additional information required by the Village. -,,:, 17.5 Consumer Price Index Adiustment The rates in Exhibit II shall be adjusted commencing October 1, 2000 and each October 1st thereafter, based on the change in the previous year's Consumer Price Index (CPI). Each new rate shall be computed pursuant to the following calculations: • =;~ CURRENT PRICE X (1+(CP12-CPII))= NEW PRICE 23