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11-76 ORDINANCE NO. 11-76 AN ORDINANCE OF ~tE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 14A "GARBAGE AND TRASH" OF ~E CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY REPEALING SUB- SECTION (2) OF SECTION 14A-8(a) AND SUBSTITUTING IN ITS PLACE A NEW SUBSECTION (2) AND ADDING A SUBSECTION (3); PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. ?UHEREAS, the Public Works Department of the City of Delray Beach, Florida has recommended that certain amendments be made; and, WHEREAS, the city Council of the City of Delray Beach, Florida, concurs in said recommendations; and, WHEREAS, the city Administration is in agreement with the recommendations proposed, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRA¥ BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Subsection (2) of Section 14A-8 (a) of the Code of Ordinances of the city of Delray Beach is hereby repealed. SECTION 2. That Section 14A-8 (a) of the Code of Ordinances of the City of Delray Beach is hereby amended by adding a subsection (2) and (3) as follows: (2) Offices: For the purpose of this paragraph 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 treatment of animals on the premises. The service charge shall be $1.50 per cubic yard and will be calculated by multiplying $1.50 times the number of cubic yards of capacity of the container being used. The charge shall acc'rue 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 charges are as follows: (a) for a single office serviced by one container, the minimum monthly charge is $7.00; (b) for groups of offices serviced by one container, despite the fact that some offices in the group may be vacant, the mon'thly minimum charge per · office is $2.00. If any group has less than four offices, the monthly minimum charge fo~ the group is $7.00. (3) Commercial and users other than those specified in (1) and (2) above: The service charge shall be $1.50 per cubic yard and will be calculated by multiplying $1.50 times the number of cubic yards of capacity of the container being used. 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 $7.00 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 $7.00 per user so serviced then the minimum monthly charge of $7.00 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 paragraph (3) then the minimum for each user shall be calculated on the basis of the group use rates applicable to each category. SECTION 3. That should any section or provision of this ordinance 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 4. That this ordinance shall become effective upon second and final reading. PASSED AATD ADOPTED in regular session on second and final reading on this the 12th day of ~pr$1 , 1976. ATTEST: ity Clerk First Reading March 22, 1976 Second Reading ..April 12~ ~1976 -2- Ord. No. 11-76