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49-95 ORDINANCE NO. 49-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR AN INCREASE IN THE RATES CHARGED FOR GARBAGE, RECYCLING AND TRASH SERVICES PROVIDED TO RESIDENTIAL AND COMMERCIAL CUSTOMERS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash", Subheading "Rates and Charges", Section 51.70, "Regular Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for garbage and trash service: (A) Charges for the below-described garbage and trash pickup service shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Sec. 51.72: (1) For those customers receiving Type A, roll-out cart service, the service charge shall be $!5.43 $15.82 per month for garbage and trash pickup. However the levy for "Tropic Palms and Palms of Delray" (known as Type F) shall be $!2.47 $12.78 per month for garbage and trash pickup. (2) For those customers receiving Type B, rear-door/side-door service, the service charge shall be $13.2~ $13.64 per month for garbage and trash pickup. However, the levy for the area bordered by N.W. 22nd Street on the north, Old Dixie Highway on the east, Lake Ida Road on the south and N.E. 2nd Avenue on the west (known as Type G) shall be ~,.,,.~¢~t: ,~a $16.64 per month for garbage and trash pickup. (3) For those customer receiving Type C, curbside, garbage and household trash in disposable containers service, the service charge shall be $6~,0 $6.55 per month for garbage and household trash pickup. I Ord. No. 49-95 (4) For those customers receiving Type D, curbside in owner's container (or for those customers who, by reason of disability, as certified by a doctor and previously approved by the city, are unable to place refuse containers on the street, and whose collection by the city or its contractor is thus pursuant to the Type B, rear-door/side-door service), the service charge shall be $!9.g~ $11.16 month for and trash pickup. And the levy for the area bordered by S.W..10th Street the per garbage on north, Federal Highway on the east, Linton Boulevard on the south, and 1-95 on the west (known as Type H) shall be e~ Q~ $14.21 per month for garbage and trash pickup with the exceotion of the Silver Terrace Subdivision which shall be Type D at $11.16 per month. Notes: (a) Residential customers shall be assessed a $2.16 $2.22 per unit charge for recycling service (included in rates set forth above). (b) Residential customers shall be assessed a Sa.9-g $.93 per unit charge for separate vegetation collection services for all curbside residential dwelling units (included in rates set forth above). The effective date for this service is October 1, 1992. (B) Mechanical containers and commercial refuse container service. (1) For customers receiving Type E, mechanical containers and commercial refuse container service, the service charge shall be based upon the following for such garbage and trash services: Container Size Pickups Residential Monthly Container Commercial Monthly Container (Square Yard) Per Week Charge (Collection Charge Only) Charge (Collection and Disposal Charge) 2 1 $3~.26 $39.05 ~ $58.57 3 1 53,27 54.34 ~ 83.63 4 1 66A9 67.80 !0!.76 106.85 6 1 ~ 95.62 !~6.72 154.19 8 1 ~ 119.79 ! ~7.26 197.88 2 2 7~.05 77.65 11 ! .35 116.70 3 2 !06.5d 108.69 4 2 ~ 137.24 205.12 215.34 308 .3 7 8 2 23 ~..72 239.12 275. ~ ! 395.31 3 3 ~ 163.02 g-3¢:-1-6 250.88 4 3 409a.¢7 203.91 305-.79 321.05 6 3 25 ! .~. ~, 286.85 ~, ~. 0. ! 7 462,57 '2. 8 3 252.28 358.88 562.92 593.17 2 4 152.59 155.73 222. ! 2 233.83 3 4 2 ! 3.06 217.36 3 ! 8.88 334.49 4 4 ,~,:,: ~a 271.75 407-39 427.94 5t75.26 6 4 382.47 $8643t0 616.76 8 4 46~8-7 478.67 752.05 791.06 2 S 4-90~ 194.33 278.57 291.94 3 5 266.34 271.71 39&6g 418.14 4 5 222.45 340.02 609~ 535.26 6 5 469:06 478.07 732.62 770.94 8 5 587.00 597.99 929.72 988.47 2 6 228.67 233.38 334.49 350.52 3 6 434¢:60 326.04 48n~.53 50! .75 4 6 3x)949-3 407.81 6! ! .57 642.11 6 6 562.88 573.70 880.25 925.13 8 6 'mA ~:a 717,79 ~ ~'~'~ Q'~ 1.186.37 (2) Multiple-family dwelling units containing five units or more shall use containers emptied by mechanical means, except as otherwise approved by the city because of lack of suitable space for a mechanical container or other good reason. (3) Commercial customers shall use mechanical containers and commercial refuse container service (Type E). Commercial customers shall include, but not be limited to, all office buildings, stores, filling stations, service establishments, light industry, schools, churches, clubs, lodges, motels, laundries, hotels, public buildings, food service, and lodging establishments. Commercial customers may use any of the following containers for accumulation of refuse: (a) Commercial refuse containers. The city shall require any commercial customer needing more than six refuse containers to use mechanical containers, if feasible. (b) Mechanical containers. (4) The owners/operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the city or its contractors, and which are convenient for collection by the city or its contractors. (5) Containers emptied by mechanical means shall be provided by the city or its contractors. These containers shall be emptied on a schedule mutually agreed upon by the customer and the city or its contractors, but not less than one day a week nor more than six days a week. Maintenance of that container shall be as set forth in this chapter; however, the city's contractors shall not impose any separate or additional charges to customers or to the city for the rental or routine/regular maintenance of such containers that may be performed by the city's contractors. 3 Ord. No. 49-95 approved for this type of service by the city in advance because they lack a suitable location for a mechanical container shall also be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the city or its contractors and the customer. The charge shall be based upon the following for such garbage and trash services: 90-Gallon Cart Service Pick-ups per Week Monthly Charge 1 e~ ~ ~ $39.03 2 72.9a. 75.94 3 -N44:.94 114.96 4 44g~ 152.94 5 !85.89 190.91 6 22!.82 227.82 (C) The charges set forth above for mechanical containers and commercial refuse container service (Type E) 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 city or provided by the city's contractors shall be used. Where more than one user is serviced by one contractor, the monthly charges shall be levied to each customer by dividing the total monthly cost by the number of customers using that container; however, in no event shall the monthly service charge be less than $38.26 $39.05 for residential dumpster service and ~ $57.36 for commercial dumpster service. The term "CUSTOMER" as employed herein is any person using the service or to whom the service is available. Even if the customer is different from the person who is actually billed for or pays for the service, the minimum monthly charge referred to above shall be calculated as to each customer. (D) Commercial rates for recycling: Container Size Pick-ups Per Week Recycling Monthly Billing Rates (Square Yard) 96 gal 1 $ ! 8.47 $18.96 2 1 44-34 45.74 3 1 58.66 60.25 4 1 80.38 82.55 6 1 106.~.6 109.33 8 1 133.62 137.23 96 gal 2 '~ ,~c 29.02 4 Ord. No. 49-95 2 2 67.35 69.17 3 2 ~ 90.37 4 2 ~ 128.31 6 2 4-74 0 79.62 8 2 223.79 229.84 96 gal 3 34x.9-3 37.93 2 3 8~08 91.49 3 3 ! !6.24 119.37 6 3 253.!2 259.96 8 3 3!5.05 323.5_fi 96 gal 4 ~.&72 47.98 2 4 ~ 114.92 3 4 !45.57 149.50 4 4 ~ 220.90 6 4 3!0.7! 319.10 8 4 405.22 416.16 96 gal 5 5~.50 58.02 2 5 !3~.70 138.34 3 5 ! 72.~2 178.51 6 5 27~.~0 388.27 8 5 49-5-38 508.76 96 gal 6 ~6.26 68.05 2 6 !57.52 161.77 3 6 'm'~ a~ 207.52 4 6 306.35 314.63 6 6 445.42 457.45 8 6 5~5.55 601.36 (E) Multi-Family Rates for Recycling: Multi-family units which do not receive curbside recycling service shall be assessed a monthly charge of $ ! .74 $1.79 per unit which shall be billed by the Contractor. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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. 5 Ord. No. 49-95 Section 4. That this ordinance shall become effective immediately upon passage on second and final reading, and the changes set forth herein shall be applicable to all bills rendered on or after November 1, 1995. PASSED AND ADOPTED in regular session on second and final reading on this the 10th dayof October ., 1995. ATTEST: City C[e;l~ First Reading September 5, 1995 Second Reading October l0t 1995 Ord. No. 49-95 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: A~ENDA ITEM # /0 '~'- MEETING OF OCTOBER 10. 1995 ORDINANCE NO, 49-95 (GARBAGE RATES) DATE: OCTOBER 6, 1995 Ordinance No. 49-95 reflects the proposed increases in the rates charged for garbage, recycling and trash services for residential and commercial customers, based on a 2.7% increase to reflect the Consumer Price Index. At the September 5th regular meeting, Commission passed this ordinance on first reading (4 to 0 vote) and it was scheduled for public hearing on September 19th. At the September 12th workshop, however, Mr. Cherry from Waste Management presented three proposals for garbage collection. The consensus of the Commission was that while they might be receptive to some change in service and rates, they wanted the opportunity to hear from the public and scheduled a public hearing on October 10, 1995, for this purpose. Waste Management agreed to keep the current rates in effect until November 1, 1995. Therefore, final consideration for Ordinance No. 49-95 was continued on September 19th to the date certain of October 10, 1995, for appropriate disposition after hearing from our citizens. Recommend Commission discretion based upon input received from the public hearing. ref:agmemol8 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM # /0 D- - MEETING OF SEPTEMBER 19. 1995 QRDINANCE NO. 49-95 (GARBAGE RATES) DATE: SEPTEMBER 15, 1995 Ordinance No. 49-95 reflects the proposed increases in the rates charged for garbage, recycling and trash services for residential and commercial customers, based on a 2.7% increase to reflect the Consumer Price Index. At the September 5th regular meeting, I recommended that you pass the ordinance on first reading, with the understanding that Waste Management wished to make a presentation on various alternatives at the September 12th workshop. The ordinance was passed 4 to 0 and was subsequently advertised for public hearing on September 19th. Hence, it appears on the agenda. At the workshop, however, Mr. Cherry from Waste Management presented three proposals for garbage collection. The consensus of the Commission was that while they might be receptive to some change in service and rates, they wanted the opportunity to hear from the public and scheduled a public hearing on October 10, 1995, for this purpose. Waste Management has agreed to keep the current rates in effect until November 1, 1995. Therefore, staff recommends that Ordinance No. 49-95 be continued to the date certain of October 10, 1995, for appropriate disposition after hearing from our citizens. ref:agmemol8 MEMORANDUM TO: David T. Harden City Manager FROM: Joseph M(~~ Director of Fina~;k SUBJECT: Proposed Commercial and Residential Garbage Rates DATE: August 30, 1995 Residential Garbage Service: 1. The contract with Waste Management provides for an increase in the collection portion of billings based on the change in the Consumer Price Index (CPI) for the previous year. This year's index is 2,7%. Residential customers will continue to be fully assessed for disposal costs by the Solid Waste Authority at an annual rate of $53 to $158 per unit. 2, The portion of the rate attributable to the continuous trash pick-up program has been adjusted by the CPI adjustment. 3. The residential curbside recycling rate will increase from $2.16 to $2.22 due to the CPI adjustment. 4. The vegetative collection rate will increase from $.91 to $.93. Commercial Garbage Service: 1. The Solid Waste Authority will continue to assess commercial parcels on a split basis. The tipping fee is currently $40 per ton for commercial customers. 2. Waste Management bills and collects for commercial and multi-family garbage and recycling services. These rates have been adjusted by the Consumer Price Index (2.7%). Attached is Ordinance Number 49-95 to be included for first reading on the September 5, 1995 Commission Agenda. Attachment Agenda Item No.: AGENDA REQUEST Date: 08-29-95 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda let reading: 09-05-95 When. 2nd reading: 09-19-95 Description of agenda item (who, what, where, how much): Revision of residential and commercial garbage~ trash~ recycling and vegetative rates per contract requirements with Waste Management. ~ (Draft of Ordinance #49-95 attached) O~D '" ~Y:Es~.N© Draft Attached: ~Y~/NO INANC_~E/ RESOLUTION REQUIIAED: Recommendation: Director of Finance recommends approval. DeterminationN/A of Consistency with~/o~rehensive Plan~~.'' ' ~ City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. -& Description: Account Balance: City Manager Review: ApprovedHold Until: for agenda: ~ NO ~ Agenda Coordinator Review: Received: Action: Approved/Disapproved