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Ord 18-99 ORDINANCE NO. 18-99 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, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR A RATE CHANGE FOR ALL OF THOSE CUSTOMERS RECEIVING COMMERCIAL CART SERVICE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, a residential rollout cart customer is charged $7.74 per month for bi-weekly collection plus disposal charges that results in a total cost of $16.91; and, WHEREAS, a commercial rollout cart customer is charged $29.58 per month for a one time a week collection; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, in order to provide a more reasonable rate to the commercial cart customers has decided to change the rates as set forth below. 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", Section 51.70, "Regular Charges Levied", Section C(4), Subheading, "95-Gallon Cart Service, of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: 95-Gallon Cart Service Pickups Per Week Monthly Charge* Franchise Fee Total Monthly Fee 1 $ g6dggl 22.68 $ 2.69 2.27 $ ~ 24.95 2 $ 52.37 40.41 $ 5.2~ 4.04 $ 57.6! 44.45 3 $ ~ 58.14 $ ~ 5.81 $ 87-nq51 63.95 4 $!05.~0 75.86 $ !0.56 7.59 $!!~.!~ 83.45 5 $!3!.~2 93.59 $ !3.1~ 9.36 $!45.00 102.95 6 $!57.32 111.32 $ !5.73 11.13 $!73.05 122.45 *These rates include collection and container maintenance fees. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 15th day of June 1999. ATTEST: City Clerk First Reading June 1, 1999 Second Reading June 15, 1999 2 ORD. NO. 18-99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITF~M #/~9~- REGULAR MEETING OF JUNE 15~ 1999 ORDINANCE NO. 18-99 (RATE REDUCTION FOR COMMERCIAL ROLLOUT CART SERVICE) DATE: JUNE 10, 1999 This is second reading and a public hearing for Ordinance No. 18-99 which reduces the rates for garbage and trash collection services for customers using commercial carts. Specifically, it amends Chapter 51, "Garbage and Trash", of the City Code by amending Section 51.70, "Regular Charges Levie~', to provide for a rate change for all of those customers receiving commercial cart service. Pursuant to the attached memorandum from the Finance Director, it came to the City's attention that commercial rollout cart customers were being charged a much greater amount than their residential counterparts. This was brought to BFI's attention and BFI has offered to lower the commercial rollout cart rates from $29.58 per month to $24.95 per month. BFI has also agreed to reduce the cost for additional pickups from $25.48 per month to $19.50 per month. This change in rates requires a change to the code as proposed via Ordinance No. 18-99. As an ancillary item, an amendment to the contract with BFI has also been prepared and is presented for consideration in conjunction with second reading of the ordinance. At first reading on June 1, 1999, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 18-99 on second and final reading, as well as Amendment No. 7 to the Solid Waste and Recycling Collection Franchise Agreement with BFI. Ref :Agmemol5. BFI. RateReduction MEMORANDUM To: David T. Harden, City Manager Susan R. Ruby, City Attorney Lula Butle~y Improvement Director From: Joseph M. Saff~ce Director Date: May 14, 1999 Subject: Reduction in BFI Rates for Commercial Cart Service We are requesting that Ordinance No. 33-98 be amended to reduce the rates for garbage and trash collection services for customers using commercial carts. The original ordinance with a revised rate sheet is attached for your review. On February 9, 1999 we received a call from a citizen regarding the rates for commercial carts. This citizen had been recently converted from a residential customer to a commercial customer. As a residential customer his monthly rate was $7.74 per month for two times per week garbage, trash, and recycling service. If you add disposal charges, that are charged by the Solid Waste Authority and paid for on a residential tax bill, the total residential cost would be $16.91. As a commercial customer, his rate became $29.58 per month for one time per week services. On March 11, 1999 we sent correspondence to BFI and asked them to review this rate structure and consider reducing the commercial cart service fees. On April 5, 1999 BFI provided correspondence recommending that the commercial cart service be reduced from $29.58 per month to $24.95 per month. In addition, they recommended that the customer rate be increased $19.50 for each additional weekly pickup requirement instead of $25.48 minimum increase. This overall reduction means that a one time per week service would have rates reduced approximately 15% and a minimum of 20% for additional pickups. By copy of this memorandum, we are asking the City Clerk to provide the appropriate ordinance advertising and present this item to the City Commission for first reading once this requirement is met. Encl: Ordinance No. 33-98 with amended rate table Cc: City Clerk rlTY OF DELRI:IY BEI:I[H CITY ATTORNEY'S OFFICE ~oo ~... ~ ^~. ~.^~ ~^~.. ~.~o.~^ ~.~.~:~ TELEPHONE 561/'243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 Ali.America City 1993 TO: City Commission FROM: Brian Shutt, Assistant City Attorney SUBJECT: BFI Rate Change for Commercial Rollout Cart Service Pursuant to the attached memo from Joe Safford, it came to the City's attention that commercial rollout cart customers were being charged a much greater amount than their residential counterparts. City staff brought this to BFI's attention and BFI has offered to lower the commercial rollout cart rates from $29.58 per month to $24.95 per month. BFI has also agreed to reduce the cost for additional pickups from $25.48 per month to $19.50 per month. This change in rates requires the City to change the rate in Section 51.70(C) of the Code of Ordinances. If this Ordinance is approved on first reading a contract amendment shall be prepared and presented to the Commission on second reading providing for the change in rates. By copy of this memo to David Harden, City Manager, our office requests that this item be placed on the June 1, 1999 City Commission agenda. Please call if you have any questions. Attachment cc: David Harden, City Manager Alison Harty, City Clerk Joe Safford, Finance Director [lTV aF aELRK¥ ItEl:TeK CITY ATTORKEY'S OFFICE ~oo ~,¥ ,~, ^v~.~. ~.^~ ~^~., ~o.~^.~ TELEPHONE 561/243-7090 · FACSIMILE 561 '278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 Ali.America City 1993 TO: City Commission FROM: Brian Shutt, Assistant City Attorney SUBJECT: BFI Rate Change for Commercial Rollout Cart Service Pursuant to the attached memo from Joe Safford, it came to the City's attention that commercial rollout cart customers were being charged a much greater amount than their residential counterparts. City staff brought this to BFI's attention and BFI has offered to lower the commercial rollout cart rates from $29.58 per month to $24.95 per month. BFI has also agreed to reduce the cost for additional pickups from $25.48 per month to $19.50 per month. This change in rates requires the City to change the rate in Section 51.70(C) of the Code of Ordinances. If this Ordinance is approved on first reading a contract amendment shall be prepared and presented to the Commission on second reading providing for the change in rates. By copy of this memo to David Harden, City Manager, our office requests that this item be placed on the June 1, 1999 City Commission agenda. Please call if you have any questions. Attachment cc: David Harden, City Manager Alison Harty, City Clerk Joe Safford, Finance Director MEMORANDUM To: David T. Harden, City Manager Susan R. Ruby, City Attorney Lula Butle~y Improvement Director From: Joseph M. S~ce Director Date: May 14, 1999 Subject: Reduction in BFI Rates for Commercial Cart Service We are requesting that Ordinance No. 33-98 be amended to reduce the rates for garbage and trash collection services for customers using commercial cans. The original ordinance with a revised rate sheet is attached for your review. On February 9, 1999 we received a call from a citizen regarding the rates for commercial carts. This citizen had been recently converted from a residential customer to a commercial customer. As a residential customer his monthly rate was $7.74 per month for two times per week garbage, trash, and recycling service. If you add disposal charges, that are charged by the Solid Waste Authority and paid for on a residential tax bill, the total residential cost would be $16.91. As a commercial customer, his rate became $29.58 per month for one time per week services. On March 11, 1999 we sent correspondence to BFI and asked them to review this rate structure and consider reducing the commercial cart service fees. On April 5, 1999 BFI provided correspondence recommending that the commercial cart service be reduced from $29.58 per month to $24.95 per month. In addition, they recommended that the customer rate be increased $19.50 for each additional weekly pickup requirement instead of $25.48 minimum increase. This overall reduction means that a one time per week service would have rates reduced approximately 15% and a minimum of 20% for additional pickups. By copy of this memorandum, we are asking the City Clerk to provide the appropriate ordinance advertising and present this item to the City Commission for first reading once this requirement is met. Encl: Ordinance No. 33-98 with amended rate table Cc: City Clerk ORDINANCE NO. 18-99 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, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR A RATE CHANGE FOR ALL OF THOSE CUSTOMERS RECEIVING COMMERCIAL CART SERVICE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, a residential rollout cart customer is charged $7.74 per month for bi-weekly collection plus disposal charges that results in a total cost of $16.91; and, WHEREAS, a commercial rollout cart customer is charged $29.58 per month for a one time a week collection; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, in order to provide a more reasonable rate to the commercial cart customers has decided to change the rates as set forth below. 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", Section 51.70, "Regular Charges Levied", Section C(4), Subheading, "95-Gallon Cart Service, of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: 95-Gallon Cart Service Pickups Per Week Monthly Charge* Franchise Fee Total Monthly Fee 1 $ g6,ggl 22.68 $ ~ 2.27 $ ~ 24.95 2 $ ~ 40.41 $ ~ 4.04 $ 57.5! 44.45 3 $ ~ 58.14 $ ~ 5.81 $ ~ 63.95 4 $!05.50 75.86 $ !0.56 7.59 $!!5.!6 83.45 5 $!3!.~2 93.59 $ !9.!8 9.36 $?.5.00 102.95 6 ~ 111.32 $ !5.73 11.13 $!72.05 122.45 *These rates include collection and container maintenance fees. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of 1999. MAYOR ATTEST: City Clerk First Reading Second Reading 2 ORD. 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