HomeMy WebLinkAboutDocumentation_Regular_Tab 10C_9/19/1991 f,
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,s;r VILLAGE OF TEQUESTA
s e.s. 11; Post Office Box 3273 • 357 Tequesta Drive
' Tequesta, Florida 33469-0273 • (407) 575-6200
4P9 FAX: (407) 575-6203
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MEMORANDUM :
TO: Village Council
FROM: Thomas G. Bradford, Village Manager ",2
DATE: August 27, 1991 ' .
SUBJECT: Proposed Ordinance Setting Refuse and Recycling
Charges for FY 1991/1992 and Amending Water Regulations;
Agenda Item
Pursuant to Florida Statutes, the attached Ordinance sets the refuse
($8. 99 ) and recycling ( $1 . 92 ) rates commencing on October 1, pursuant
to the terms and conditions of the Village Franchise Agreement with
Nichols Sanitation which allows for provision of the Consumer Price
Index increase each year. This year the CPI is 4. 5%.
Additionally, this Ordinance addresses that issue that we brought
before. the Village Council during the Budget Workshops having to do
with finding a way to minimize the uncollectibles that are
experienced in the refuse and recycling area. The proposed Ordinance
makes it the responsibility of the property owner as opposed to the
tenant for water, refuse and recycling charges.
It is recommended that the Village Council approve this Ordinance on
first reading.
TGB/mk
Attachment
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Recycled Paper
ORDINANCE NO. 428
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER
1 18 OF THE CODE OF ORDINANCES OF THE VILLAGE OF
TEQUESTA BY CREATING SECTION 18-27 TO PROVIDE
THE VILLAGE THE AUTHORITY TO LIEN ALL PROPERTY
SERVED BY THE VILLAGE WATER WORKS SYSTEM FOR
ALL UNPAID SERVICE CHARGES; CREATING SECTION
18-28 TO PROVIDE FOR USER CHARGES AND FEES FOR
RESIDENTIAL CURBSIDE SOLID WASTE AND RECYCLING
COLLECTION SERVICES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES AND CONFLICTS; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Village has executed a Franchise Agreement wit
Nichols Sanitation, Inc. of Jupiter, Florida, for curbside soli.
waste and recycling collection services for a five (5) year perio•
commencing October, 1989, granting the franchisee the exclusiv.
rights to collect solid waste within the municipality's servic:
area; and
WHEREAS, the Village desires to provide a method of paying fo.
residential solid Waste collection and recycling services b
removing the millage required to fund such payment from the A.
Valorem Millage Rate for fiscal year 90/91 and thereafter an.
charge residential customers directly for this service by placin•
the monthly solid waste and recycling service charges on Villag_
water bills; and
WHEREAS, the Village is required to establish user charges an•
fees for residential curbside solid Waste and recycling colleotio
services; and
WHEREAS, the Village desires to provide a lien on propert
served by the Village water works system for unpaid charge
appearing on the water bills.
NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THD
VILLAGE OF TEQUESTA, FLORIDA:
Seption 1. That the Code of Ordinances of the Village of
Tequesta is hereby amended by creating Section 18-27 which section
shall read as follows:
"Sec. 18-27. hien of Service Charges. The Village of
Tequesta shall have a lien on all lands or premises served by the
water works systems of the Village for all charges for water
service or any other charges appearing on the water bill until said
charges are paid to the Village together will all costs and
expenses incurred by the Village in connection with said delinquent
account. Said liens shall be prior to all other liens on such
lands or premises except a lien for state, county and municipal
taxes. Said liens, when delinquent for more than thirty (30) days,
may be foreclosed by the Village in the manner provided by the laws
of Florida for the foreolosure of mortgages and real property."
Seotion 2. That the Code of Ordinances of the Village of
Tequesta is hereby amended by creating, Section 18-28 which section
shall read as follows:
"Sea. 18-28 Solid idaste and Recycling Cplleotion Service Charges
(a) Effective October 1, 1990, 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 ourbside collection service at
the rate specified in the Franchise Agreement with Nichols
• sanitation, Inc. until fiscal year 1991/92 and thereafter at a rate
established by the Village.
J.-/• •
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(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) The billing for residential curbside solid waste andl
recyclin§ collection service for the fiscal year 1991/92 shall bei
as follows:
RQ M Serv_ice Collections
Homes $8.99 per month
Condominiums $7.64 per unit per month
Recycling:
Homes $1.92 per month
Condominiums $1.78 per unit per month" (optional)
BectiRn 3. 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.
,potion 4. 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 5 Codification. This Ordinance shall be codified
and made a part of the official Code of Ordinances of the Village
of Tequesta.
5eotion 6. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided by
law.
THE FOREGOING ORDINANCE was offered by Counoilmember
, who moved its adoption. The Ordinance
was seconded by Councilmember and upon
being put to a vote, the vote was as follows:
FOB ADOPTION AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and
adopted this _ day of , 1991.
MAYOR Op' TEQUESTA
• Joseph N. Capretta
• ATTEST:
Village Clerk