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HomeMy WebLinkAboutDocumentation_Regular_Tab 10E_9/4/1991 • i, .:—..„ , Alt-, .;ii) VILLAGE OF TEQUESTA ;.• ts' Hi Post Office Box 3273 • 357 Tequesta Drive T �\ ,..•4 e. Tequesta, Florida 33469-0273 • (407) 575-6200 a�yt `T_< ` 9 FAX: (407) 575-6203 CN COUHS lvi lIQ1 1-DtJM TO: Village Council FROM: Thomas G. Bradford, Village Manager "70 - 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 Recycled Paper ,33i3e/91 13:40 JONES FUSTLN JUhNWun •7IVDDJ 116,. ORDINANCE NO, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 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 with Nichols Sanitation, Inc. of Jupiter, Florida, for curbside solid waste and recycling collection services for a five (5) year period commencing October, 1989, granting the franchisee the exclusive rights to collect solid waste within the municipality's service area; and WHEREAS, the Village desires to provide a method of paying for residential solid waste collection and recycling services by removing the millage required to fund such payment from the Ad Valorem Millage Rate for fiscal year 90/91 and thereafter and charge residential customers directly for this service by placing the monthly solid waste and recycling service charges on Village water bills; and WHEREAS, the Village is required to establish user charges and fees for residential curbside solid waste and recycling collection services; and WHEREAS, the Village desires to provide a lien on property served by the Village water works system for unpaid charges appearing on the water bills. NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA: $ectJpn 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 . Bien_ pg 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 in1'the manner provided by the laws of Florida for the foreclosure ofirkortgages and real property." &action 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: "Sec. 18-28 Solid Waste and Recycling_Collection 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 curbside 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. ' I 0B/10/91 15:34 JONES FOSTER JOHNSTON & STUBBS NO. 427 PO02/002 (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 and recycling collection service for the fiscal ' year 1991/92 shall be as follows: Refuse Service Collection: 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" ror+,u ,a-() Section 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. . Section 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. SeQt-ion 6. Effective Date. This .Ordinance shall take ' effect immediately- upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOX _ADOPTION SINS __ADQPTYON The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1991. MAYOR Off' TEQUESTA . � es p' N. Capretta ATTEST: Village Clerk • • PAM\13153-011Uon.Ord