Ord 06-98ORDINANCE NO. 6-98
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
51.23, "BULK TRASH", TO PROVIDE BULK TRASH MAY BE
COLLECTED ON EITHER THE FIRST OR SECOND REFUSE
COLLECTION DAY; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to allow the
Contractor the ability to collect bulk trash on either the first or
second refuse collection day of the week in order to provide better
service to the residents of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 51, "Garbage and Trash", Section
51.23, "Bulk Trash", of the Code of Ordinances of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as
follows:
Section 51.23 BULK TRASH.
(A) Bulk trash shall be collected from residences within
the City no more than once per week. The bulk trash pickup day shall
coincide with the first or second refuse collection day, which shall
be a Monday/Thursday, Tuesday/Friday or Wednesday/Saturday of each
week.
(B) At the request of the City or at the request of a
resident, the Contractor shall collect bulk trash on a day other than
the regular scheduled collection day at a cost to the resident equal
to $22.00 per cubic yard. The Contractor shall collect the entire
cost of this additional special collection from the resident in
advance of this additional collection service. However, if the City
requests the pickup and the Contractor is unable to collect payment
from the resident, then the Contractor shall collect the bulk trash
and the resident shall be billed by the City for the extra charge.
When payment is made to the City for the extra charge then that
amount shall be forwarded to the Contractor. Upon receipt of payment
by the resident, the Contractor shall cause the additional collection
to occur within forty-eight (48) hours. ;%ny dispute between the
Contractor and the resident regarding the amount of trash collected,
the charge or liability of the resident for the additional collection
services shall be submitted to the City Manager for resolution. The
decision of the City Manager as to the amount of the charge shall be
binding upon the Contractor and the resident.
(C) Furniture and appliances shall not be placed at
curbside except as herein stated. Upon request, the City may collect
normal household discarded furniture or appliances, including, but
not limited to, sofas, chairs, beds, refrigerators, washers, dryers,
hot water heaters and similar items. Residents, including tenants or
lessees, requesting this service of the City will be given a date
when collection will occur. Items for collection shall be placed at
curbside no earlier than 5:00 p.m. on the day preceding the scheduled
collection.
(D) It shall be unlawful for any person to leave outside
any building in a place accessible to children any appliance,
refrigerator or container with a locking device unless the door
has been removed. This prohibition shall not apply to any
appliance, refrigerator or container at a commercial
establishment which has been placed on or adjacent to the rear of
the building and is crated, strapped or locked to an extent that
it is impossible for a child to obtain access to any airtight
compartment thereof.
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
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 20th day of January , 1998.
ATTEST:
..... ~- ~it~ Clerk !
First Reading January 6, 1998
Second Reading January 20, 1998
- 2 - Ord. No. 6-98
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY lVlJ~AGER~
AGENDA ITEM #/Dh - REGULAR MEETING OF JANUARY 20, 1998
ORDINANCE NO. 6-98 (AMENDMENT TO GARBAGE AND TRASH
ORDINANCE)
JANUARY 15, 1998
This is second reading and a public hearing for Ordinance No. 6-98
which amends Chapter 51, "Garbage and Trash", of the City Code to
provide that bulk trash may be collected on either the first or
second refuse collection day.
BFI has requested an amendment to the franchise agreement to allow
them to collect bulk trash on either of the two collection days
and not solely on the first refuse collection day. In order to
approve this amendment to the franchise agreement, Section 51.23
of the garbage and trash ordinance must also be amended to reflect
this change.
On January 6, 1998, the Commission postponed consideration of the
amendment to the franchise agreement to coincide with second
reading of the amending ordinance. In addition to being the
technically correct procedure, this was done at the urging of a
representative from the Seacrest Homeowners Association who
advised that residents of the Seacrest neighborhood wished to
address the Commission at the public hearing concerning BFI's
collection practices. Ordinance No. 6-98 was passed on first
reading by unanimous vote.
Recommend approval of Ordinance No. 6-98 on second and final
reading. Amendment #4 to the Solid Waste and Recycling Collection
Franchise Agreement is presented as an ancillary item to Ordinance
No. 6-98. Approval is recommended inasmuch as the change will
allow BFI to better utilize its resources and provide better
service to the City's residents.
ref:agmemol9
[ITY OF DELIII:IY BEI:I£H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
Ali. America City
1993
DATE:
TO:
FROM:
2t;b :',;',,V l~.t ,\', }'~NUE ' DELRAY BEACH, FLO~>,IDA 33444
FA <2 S I ?.I ~ ~ E 4u 7' 27 ?-4 ? 35 Wrilcr's l)irect l ,inc: (561 ) 243-7091
MEMORANDUM
December 30, 1997
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Amendment to "Garbage and Trash" Ordinance
BFI has requested an amendment to the Franchise Agreement in order to allow them to
collect bulk trash on either the first or second refuse collection day and not solely on the
first refuse collection day. In order to approve this amendment to the Franchise Agreement
the Garbage and Trash Ordinance, Section 51.23, must also be amended to reflect this
change.
By copy of this memorandum to David Harden, City Manager, our office requests that this
Amendment to Chapter 51 of the Code of Ordinances be placed on the January 6, 1998 City
Commission agenda for first reading.
Please call if you have any questions.
Attachment
CC:
David Harden, City Manager
Alison MacGregor Harty, City Clerk
Joe Safford, Finance Director
Lula Butler, Director of Community Improvement
Pr/nted on f?ecyc/ed Paper
trash is now going to be sitting there until Thursday and the
rest of the residents are the ones who have to look at it for the
better part of a week. Mr. Butera stated this is a serious issue
among the members of Seacrest Homeowners Association.
There being no one else who wished to address the
Commission, the public hearing was closed.
A lengthy discussion ensued, after which Mr. Egan
commented that what he was hearing was that there is a lot of
frustration and confusion about the garbage collection service.
The City has had the contract with BFI for nearly a year and a
half and it seems that everyone is still confused about their
schedules and on what days different items are picked up in their
neighborhoods. BFI has represented this evening that the pro-
posed change will enable them to provide better service to the
City's residents. Mr. Egan stated he would be willing to go
along with the change, but he wanted a review in a defined period
of time. Then have everybody come back, and if the residents are
not happy or service has not improved, he felt the Commission
should consider revoking the contract or revisiting the whole
system.
On suggestion from Mr. Schmidt, the City Attorney
stated that the amendment to the franchise agreement should
probably be changed to provide that the City Manager can rethink
it and rescind the approval if it is not working within a given
period of time, say 60 to 90 days. She proposed that paragraph
2. of the Amendment #4 to the franchise agreement be modified to
include language that says if, within 90 days from the effective
date of the amended agreement, the City decides to disapprove the
change, then the parties agree that this Amendment #4 shall be
null and void and that both parties agree that the ordinance will
be changed back to its original form.
Mr. Randolph moved to approve Ordinance No. 6-98 on
Second and Final Reading, seconded by Mr. Egano Upon roll call
the Commission voted as follows: Mayor Alperin - Yes; Mr.
Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth - Yes; Mr.
Randolph - Yes. Said motion passed with a 5 to 0 vote.
Mr. Randolph moved to approve Amendment #4 to Solid
Waste and Recycling Collection Franchise Agreement Dated August
8, 1996, as amended by the City Attorney. The motion was second-
ed by Mr. Ellingsworth. Upon roll call the Commission voted as
follows: Mr. Schmidt - Yes; Mr. Egan - Yes; Mr. Ellingsworth -
Yes; Mr. Randolph - Yes; Mayor Alperin - Yes.
~0.B. ORDINANCE NO. 1-98: An ordinance restating and amend-
ing Ordinance No. 64-92 and Ordinance 11-96 which comprise the
SAD (Special Activities District) zoning ordinance for the
Waterford Place/Delint Development of Regional Impact (DRI), by
incorporating any existing conditions of the Waterford
Place/Delint DRI into the SAD zoning district and establishing
-16- 01/20/98
CITY ATTORNEY'S OFFICE
DELRAY BEACH
Ali,America City
1993
DATE:
TO:
FROM:
2Ci~ N\V Ist AVENUE · DELRAY BEACH, FLORIDA 33444
FACSIMILE 407,275-4755 Writer's l)ircd Linc: (561) 243-7091
MEMORANDUM
December 29, 1997
City Co~nmission,_,~ ~
Brian Shutt, Assistant City Attorney
SUBJECT:
Amendment No. 4 to tire Solid Waste and Recycling Collection Franchise
Agreement
BFI has requested that the contract provision requiring them to collect bulk trash on the
first refuse collection day be amended BF1 has requested this amendment to allow them to
change the bulk trash collection day from tire first refuse collection day of the week to the
second refuse collection day of the week in certain areas of the City. BFI is still required to
pick up bulk trash once per week, however, this change will allow them to better utilize
their resources and provide better service to the City and its residents. This contract
amendment will only affect residential service and any changes in the bulk trash refuse
collection days are subject to approval by the City Manager.
This change does not affect vegetative collection service as bulk trash is defined as any non-
vegetative item that cannot be containerized, bagged or bundled.
By copy of this memorandum to David Harden, City Manager, our office requests that this
amendment to the Solid Waste and Recycling Collection Franchise Agreement be placed on
the January. 6, 1998 City Commission agenda. Please call if you have any questions.
CC:
David T. Harden, City Manager
Alison MacGregor Harry, City Clerk
Joe Safford, Finance Director
Lula Butler, Director of Community Improvement
bJ~coll4.¢Olll
AMENDMENT NO. 4 TO SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT DATED AUGUST 8. 1996
THIS AMENDMENT NO. 4 to the Solid Waste and Recycling Collection Franchise
Agreement dated August 8, 1996 is made this ~ day of , 199_ by and
between the CITY OF DELRAY BEACH (the "City") and BFI WASTE SYSTEMS OF
NORTH AMERICA, INC. ("BFI").
WITNESSETH:
WHEREAS, the panics entered into a Franchise Agreement ("Agreement") dated August
8, 1996, to provide for the collection of solid waste and recycling materials within the City; and,
WHEREAS, the parties desire to amend the Agreement to provide that BFI may collect
bulk trash on either one of the two refuse collection days per week, and not solely on the first
refuse collection day of the week.
NOW, THEREFORE, the panics agree as follows:
I. The recitations set forth above are incorporated herein.
2. The Agreement dated August 8, 1996, is hereby amended, by amending Section
6.1.4, to provide that BFI is not required to collect bulk trash solely on the first refuse collection
day for residential collection service. BFI is still required to collect bulk trash once per week.
However, the day selected by BFI, and approved by the City Manager, for residential bulk trash
collection may be on either the residents first or second refuse collection day and not solely the
first refuse collection day. Prior to changing the bulk trash collection day, BFI shall notify the
residents affected by the change, and receive approval from the City Manager or his designee for
the change.
3. This Amendment together with the original Agreement and any written
amendments hereto, constitute the entire Agreement between the parties relating to the subject
matter hereof. It is the final expression of agreement between the parties, thus, neither party shall
be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers,
made either prior to or simultaneous with the execution of this Amendment.
4. Except as expressly modified in writing herein or as modified by subsequent
written amendments, ali other terms and conditions of the original Agreement and any
amendments thereto survive this Amendment and are deemed to be incorporated herein and are
binding on the parties.
IN WITNESS WHEREOF, the parties have executed this Amendment to the Solid
Waste and Recycling Collection Franchise Agreement on the day and year first hereinabove
written.
ATTEST:
City Clerk
Approved as to legal form
and sufficiency:
CITY OF DELRAY BEACH, FLORIDA
By:
Jay Alperin, Mayor
City Attorney
WITNESSES:
b/'/ ..~
~//,/~+&~c~ i
(Name pnnted or typed)
(Name printed or typed)
bllcon4.amd
BFI WASTE SYSTEMS OF NORTH
AMERICA, INC.
BY~hn Cas~resident
(Corporate Seal)
A PUBLIC HEARIHG will ~ Mid Qn
Shl ~llowlng ~ mYIIna~ces
7:iCi PJ~. m TMBI~AY~ ~
C~ ~mm~ will ~M ~ir
~.m., ~y ~ Fray, ~
&N ORDINANCE OF THE CI~ C~
~EACH, ~ORIDA, ~ES~ATING
AND MENDING ORDINANCE ~,
AND ORdINaNCE ~ WHfC~ C~
~mSE T~E ~ (SFEClA~ ACTIVI.
T~E$ DISTmCT] ZONING ORD&.
NANCE FOR TKE WATERFORD
P~CE I DEMNT DEVElOPmENT
OF ~EG~ONA~ I~PACT
6ENE~A~Y ~TED ON THE
~UT~ SiDE OF LINTON BOULE.
VARD, ~E~EEN INTERSTATE ·
AND LINDE~L IOULEVARD; BY
IKO~RAT~MG ANY EX~ST~NG
~NDITIONS OF THE WATERFORD
P~CE DEL~NT ONI INTO THE ~D
~NING DISTRICT; ESTABLISHING
~NDITION$ FOR FURTHER
VELOPMENT; PROVIDING A ~V.
lNG C~USE, A GENERAL RE.
P~ER C~USE, AND AN EFFEC-
TWE ~TE.
AN ORDtNANCE OF THE CITY
BEACH, FLORID~ MODIFYTNG
THE ~UNI~ REDEVELOP.
~NT P~N ~OR THE Cl~ OF
DE,RAY BEACH; FINDING THAT
THE MODIFICATtONS C~FO~
TO THE C~UNtTY REDEVELOP*
MENT ACT OF 1~, q MENDED;
FINDING THAT THE MODIFiCA-
TIONS &RE CONSISTENT WITH THE
CITY OF DELRAY ~EACH'S CO~
PREHENSIVE P~N, AND
FURTHER FINDINGS PURSUANT
TO THE APPL~BLE REQUIRE.
MENTS OF FLORIDA STATUTES
SECTION 1~ (1) (1); PROVIDING
A GENERAL REPEALER
A SAVING C~USE AND AN EFFEC-
TIVE DATE.
AN ORDINANCE OF THE CI~ C~.
~ISS~ON OF THE CITY ~ DELRAY
EEACH, FLORIDA, ~ENDING
CHAPTER ~, ~IRE ~FE~ AND
EMERGENCY SERVICES', OF THE
CODE OF ORDINANCES ~ THE
CITY OF DELRAY BE~CH, BY
~ENDJNG SECTION
~ERGENCY MEDICAL T~ND
~RTATION FEES',
~.M (A), TO REVISE THE FEE
KHE~LE FOR ~ERBENCY
MEDICAL TRANS~RTATION IN
ACCOR~NCE WITH THE
TION INDEX CHARGE FOR
PROVIDING A GENERAL REPEAL-
ER C~USE, A ~VING C~USE
AND AN EFFECTIVE DATE.
AN ~DINANCE ~ T~ C1~ C~
MiSSI~ OF THE CITY OF DEL~Y
B~CH, FL~IDA, MENDING SEC-
TION 4~.~, "LIGHT INDUSTRIAL
(LI) DISTRICt, OF THE ~ND DE.
VELOPMENT REGU~TIONSOF
THE OTY OF DELRAY REACH, BY
MENDING SUBSECTION
~PECIAL DISTRICT REGU~-
SUBPARAGRAPH
~(Hi[3), TO REDUCE THE MINI-
MUM FLOR AREA ALL,TED
PER TENANT OR BAY; PROVIDING
A GENERA~ REPEALER C~USE,
A ~VING C~USE, AND AN
FE~IVE
~ ~DINANCE OF THE C1~ C~
MINION ~ THE Cl~ OF DELRAY
B~CH, FLORIDA, MENDING SEC-
TI~ LI~(C), ~IDEWALK
~RU~ION REQUIREMENTD, AND
~CTION ~.1.4(C), ~RIVEWAY C~
STRUCTI~ RETIREMENTS~,
THE ~ND DEVELOP~NT REGD
~TIONS OF THE CITY ~ DELRAY
I~CH, TO PROVIDE ~ THE
USE OF ALTER~T~VE SURFACE
~PES FOR DRIVEWAYS AND
~I~WALKS ~EN ~PPROVED BY
THE CI~ ENGINEER; PROVIDING
A GENERA~ REPEALER C~USE,
· A ~VING C~USE, ~D AN
FE~WE DATE,
~ ORDINANCE ~ THE Cl~ C~
MI~I~ OF THE CITY OF DELRAY
i~CH, F~OR~D~ MENDING
C~ER ~, ~ARBAGE AND
T~, OF THE CODE OF ORDI*
~CES OF THE CITY OF ~RAY
I~CH, BY ~ENDING SECTION
~, ~ULK TR~H", TO PROVIDE
Boca Raton News, Friday, January 9, 1998 7'B
CG~rTINUED
GULK TRASH MAY EE COLLECTED
ON EITHER THE F~RST OR SEC-
OND REFUSE COLLECTION DAY;
PROVIDING A ~AVING CLAUSE, A
GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE C(~ ~
MINION OF THE C{TY OF DELRAY
BEACH, FLORIDA, ~ENDING
CHA~ER ~, ~T~LITIES GENER.
ALLY; ~BLIC SERVICE T~*, ~
THE CODE OF OND~NANCES OF
THE C~TY OF DELRAY BEACH, ~Y
~ENDING ~CTIO~ ~.1~, ~LEVY
~ ~ TAX~, AND SECTION ~.11,
· ECORDS REGVIRED; RIGHT TO
INSPECt, TO C~PLY WITH
~NGES ~DE IN THE STATE
~W REGARDING T~TION OF
TELEC~UNI~T~O~ SERVICES;
PROVIDING A ~VING C~USE, A
~ ~ I ~im ~ ~1~
C~ C~
ORDINANCE NO.,,~
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 51.23, "BULK TRASH", TO PROVIDE BULK
TRASH MAY BE COLLECTED ON EITHER THE FIRST OR
SECOND REFUSE COLLECTION DAY; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to allow the Contractor the ability to
collect bulk trash on either the first or second refuse collection day of the week in order to
provide better service to the residents of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 51, "Garbage and Trash", Section 51.23, "Bulk
Trash", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
Section 51.23 BULK TRASH
(A) Bulk trash shall be collected from residences within the City no more than once per
week. The bulk trash pickup day shall coincide with the first or second refuse collection day,
which shall be a Monday/Thursday, Tuesday/Friday or Wednesday/Saturday of each week.
(B) At the request of the City or at the request of a resident, the Contractor shall
collect Bulk Trash on a day other than the regular scheduled collection day at a cost to the
resident equal to $22.00 per cubic yard. The Contractor shall collect the entire cost of this
additional special collection from the resident in advance of this additional collection service.
However, if the City requests the pickup and the Contractor is unable to collect payment from the
resident, then the Contractor shall collect the bulk trash and the resident shall be billed by the City
for the extra charge. When payment is made to the City for the extra charge then that amount
shall be forwarded to the Contractor_. Upon receipt of payment by the resident, the Contractor
shall cause the additional collection to occur within forty-eight (48) hours. Any dispute between
the Contractor and the resident regarding the amount of trash collected, the charge or liability of
the resident for the additional collection services shall be submitted to the City Manager for
resolution. The decision of the City Manager as to the amount of the charge shall be binding
upon the Contractor and the resident.
(C) Furniture and appliances shall not be placed at curbside except as herein stated.
Upon request, the City may collect normal household discarded furniture or appliances, including
but not limited to sofas, chairs, beds, refrigerators, washers, dryers, hot water heaters, and si~nilar
1 ORD. NO. 1-98
items. Residents, including tenants or lessees requesting this service of the City will be given a
date when collection will occur. Items for collection shall be placed at curbside no earlier than
5:00 p.m. on the day preceding the scheduled collection.
(D) It shall be unlawful for any person to leave outside any building in a place
accessible to children any appliance, refrigerator, or container with a locking device unless the
door has been removed. This prohibition shall not apply to any appliance, refrigerator, or
container at a commercial establishment which has been placed on or adjacent to the rear of the
building and is crated, strapped or locked to an extent that it is impossible for a child to obtain
access to any airtight compartment thereof.
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 immediately upon its
passage at second and final reading.
the
PASSED AND ADOPTED in regular session on second and final reading on this
__ day of _, 1998.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
garbord, rev
2 ORD. NO. 1-98