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71-80 ORDINANCE NO. 71-80 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 12 "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 12-15 TO INCREASE THE MONTH- LY CHARGES FOR GARBAGE PICKUP FOR ALL CLASSIFICATIONS OF CUSTOMERS INCLUDING RESIDENTIAL, OFFICES AND COMMERCIAL CUSTOMERS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC- TIVE DATE. WHEREAS, during the 1980-81 budget deliberations of the City Council, the Council was advised by the Administration that a large deficit would result from garbage and trash collection services of the City un~ess the rates were increased; and, WHEREAS, the Administration recommended the rates set forth in this ordinance to fund, at least in part, the anticipated deficit; and, ~EREAS, the City Council concurred in the recommendation of the Administration, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 12 "Garbage and Trash" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by amending Sections 12-15(a)(1) and (2), 12-15(b) and 12-15(c) to read as follows: Sec. 12-15 (a) (1) Each residential dwelling unit receiving "hand pickup" type service, utilizing containers as described in Section 12-1 for "garbage can" shall be charged ~e~e~s-em~-m~me~y-(~ve-eem~s-+~v9~% seven dollars and thirty cents ($7.30) per month for garbage pickup. (2) Each residential dwelling unit receiving "front-end container" type service, utilizing mechanically dumped containers provided by the City shall be charged ~e~s-e~-~we~y-~e-ee~s-~4~+ five dollars and twenty cents ($5.20) per month for garbage pickup. Sec. 12-15 (b) (b) Offices: For the purpose of this subsection, an office is defined as a location where a commercial or profes- sional activity is conducted which does not involve the sale of commodities, or goods on the premises. The term "offices" does not include offices for the treat- ment of animals on the premises. The monthly service charge shall be e~e-~e~a~-a~-~y-ee~es-+~E~+ one dollar and eighty-five cents ($1.85) per cubic yard and will be calculated by multiplying ~e-~½~e~-~-~%~ ee~s-+~~ one dollar and eighty-five cents ($1.85) times the number of cubic yards of capacity of the con- tainer being used times the number of pickups per month. The charge shall accrue and be payable on the total capacity of the container whether or not it is full. Containers of the type and size designated by the director of public works shall be used. The mini- mum monthly charges are as follows: (1) For a single office serviced by one container, the minimum monthly charge is eight dollars and fifty-five cents ($8.55). (2) For groups of offices serviced by one container, despite the fact that some offices in the group may be vacant, the monthly minimum charge per office is ~we-~e~½e~s-~$~v~ two dollars and forty-five cents ($2.45). If any group has less than four (4) offices, the monthly minimum charge for the group is ~eve~-~e~s-+~=~9+ eight dollars and fifty-five cents ($8.55). (c) Commercial and users other than those specified in (a) and (b) above: The monthly service charge shall be ~e~½~-em~-~y-eem~s-~~+ one dollar and eighty- five cents ($1.85) per cubic yard and will be calcu- lated by one dollar and eighty-five cents ($1.85) times the num- ber of cubic yards of capacity of the container being used times the number of pickups per month. The charge shall accrue and be payable on the total capacity of the container whether or not it is full. Containers of the type and size designated by the director of public works shall be used. The minimum monthly charge for the availability of this service is eight dollars and fifty-five cents ($8.55) per month per user. Where more than one user is serviced by one container, and the cubic yard charge is less than the total of se~e~-~e}~a~s-%6g=99+ e~ght dollars and fifty- five cents ($8.55) per user so serviced then the minimum monthly charge of-sewea-~e~e~s-+~99~ eight dollars..and fifty-five cents ($8.55) shall be levied as to each user serviced by the one container. The term "user" as employed herein is any person using the service or to whom the service is available. Even if the user is different from the person who is billed for or pays for the service, the minimum monthly charge, referred to above, shall be calculated as to each user. If a container is being used by one or more offices in conjunction with the type of user specified in this subsection, then the minimum for each user shall be calculated on the basis of the group use rates appli- cable to each category. Section 2. That should any section or provision of this ordi- nance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That this ordinance shall become effective January 1, PASSED AND ADOPTED in regular session on second and final reading on this the 16th day of December , 1980. MAYO~ ATTEST: LEON M. WEEKES . '-/---/ C~tY Clerk First Reading November 25, 1980 Second Reading December 16, 1980 - 2 - Ord. No. 71-80