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66-91 ORDINANCE NO. 66-91 AN ORDINANCE. OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS" CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE O~ ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "RATES AND CHARGES", SECTION 51.70, ~'REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES FOR RESIDENTIAL SERVICE; TO PROVIDE FOR DECREASED GARBAGE AND TRASH' SERVICE CHARGES AND FEES FOR COMMERCIAL SERVICE; TO PROVIDE FOR AN INCREASE IN THE FEE FOR RESIDENTIAL CUSTOMERS FOR RECYCLING SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING 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", "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: Sec. 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 Section 51-72: (1) For those customers receiving Type A, roll-out cart service, the service charge shall be $~ $12.73 per month for garbage and trash pickup. However, the levy for "Tropic Palms. and Palms of Delray" (known as Type F) shall be $9~ $10.01 per month for garbage and trash pickup. (2) For those customers receiving Type B, rear-door/side- door service, the service charge shall be $I~I3 $10.74 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 $~7~ $13.47 per month for garbage and trash pickup. (3') For those customers receiving Type C, curbside, garbage and household trash in disposable containers service, the service charge shall be ~I9 $4.45 per month for garbage and household trash pickup. (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 $~ $8.57 per month for garbage and trash pickup. And the levy for the area bordered by S.W. 10th Street on the north, Federal Highway on the east, Linton Boulevard on the south and 1-95 on the west (known as Type H) shall be $I~69 $11.30 per month for garbage and trash pickup. NOTE: Residential customers shall be assessed a $1.88 $1.99 per unit charge for recycling service (included in rates set forth above). The effective date for Type G and Type H rates will be January 1, 1991. (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 Residential Commercial Size Monthly Monthly (Square Pickups Container Container Yard) Pe~ Week Charge Charge (Collection (Collection Charge Only and Disposal Charge 2 1 $ Z~ 30 $ 66 46 3 1 29 41 99 66 4 1 ~ 50 lZ2 84 6 1 66 70 I8~ 120 8 1 82 86 222 153 3 2 77 81 I9~ 132 4 2 99 100 2~7 168 6 2 I22 139 ~6~ 240 8 2 ~62 171 &66 306 2 3 ~ 88 I9~ 139 3 3 II~ 122 2~6 198 4 3 I~2 151 27~ 251 6 3 Igg 209 9~ 360 8 3 Z~ 257' ?~ 459 2 4 IIZ 118 26~ 185 3 4 I9~ 163 ~82 263 4 4 I9~ 201 ~9~ 335 6 4 ]6~ 278 719 480 8 4 2Z6 343 92~ 612 2 5 I~ 147 2Z9 231 3 5 I92 203 ~77 329 4 5 22~ 251 6I~ 419 6 5 22I 348 ~99 600 8 5 ~7 429 II66 765 2 6 I68 177 299 278 3 6 Z2I 244 972 395 4 6 2~6 301 7~I 503 6 6 297 418. I~79 720 8 6 &~9 515 I399 918 (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. · -2- Ord. No. 66-91 (3) Cormmercial 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. (6) Commercial customers needing less than six refuse containers, and those 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. (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 container, 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 $~ $30 for residential dumpster service and $~ $46 for com~.ercial 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. -3- Ord. No. 66-91 (D) Commercial Rates for Recycling Container Size Pick ups per Recycling Monthly (square yard) week Billing Rates 96 gal 1 $ 17 2 1 41 3 1 54 4 1 74 6 1 98 8 1 123 96 gal 2- 26 2 2 62 3 2 81 4 2 115 6 2 161 8 2 206 96 gal 3 34 2 3 82 3 3 107 4 3 157 6 3 233 8 3 290 96 gal 4 43 2 4 103 3 4 134 4 4 198 6 4 286 8 4 373 96 gal 5 52 2 5 124 3 5 160 4 5 240 6 5 348 8 5 456 96 gal 6 61 2 6 145 3 6 186 4 6 282 6 6 410 8 6 539 (E) Multi-Family Rates for Recycling: Multi-family units which do not receive curbside recycling service shall be assessed a monthly charge of $1.60 per unit which shall be billed by the contractor. Section 2. That all ordinances or parts of ordinances which are in conflict herewith 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. 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 October 1, 1991. -4- Ord. No. 66-91 PASSED AND ADOPTED in regular session on second and final reading on this the 24th day of September , 1991. ATTEST: - City Cler~ First Reading September 10, 1991 Second Reading September 24, 1991 · -5- Ord. No. 66-91 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~t SUBJECT: AGENDA ITEM % IO ~ - MEETING OF SEPTEMBER 24, 1991 ORDINANCE NO. 66-91 DATE: September 20, 1991 This is a second reading of an ordinance amending Chapter 51 of the Code of Ordinances to provide for an increase in the fees and charges for residential garbage and trash services; to provide for a decrease in the fees and charges for commercial garbage and trash services; and, to provide for an increase in the fees for residential recycling services. The fees for multi-family and commercial recycling remain unchanged (i.e. enacted pursuant to Ordinance No. 48-91). These increases and decreases in fees and charges are pursuant to the agreements between the City and Solid Waste Authority and Waste Management. As such, these changes in fees represent the annual adjustment authorized in those agreements. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 66-91 on second and final reading. MEMORANDUM ~U~20 TO: Robert Barci~~/k ~ssistant City Manager/Comm. Serv. FROM: Joseph Saff~d,~ector~ ~ of Finance DATE 8-19-91 SUBJECT: PROPOSED COMMERCIAL AND RESIDENTIAL GARBAGE RATES I am recommending that the city Commission approve increasing (decreasing) the City's service fees for garbage and trash collection pursuant to the following. 1. Effective October 1, 1991, the Solid Waste Authority will begin assessing commercial parcels for a portion of the total disposal fee. The balance will be paid at the landfill or transfer station at the rate of $3? per ton. The actual cost of disposal is "$90.85/ton. Residential customers will continue to pay the Solid Waste Authority for ALL of the disposal portion at an annual rate of $149. 2. The contract with Waste Management provides for an increase in the collection portion of the bill based on the change in the Consumer Price Index for the previous year; 6.1%. 3. Funding for the continuous bulk-trash pick-up program has been proportionally adjusted to incorporate the above. 4. The residential, curb-side recycling charge will be $1.99 per unit. This is an increase of 6.1% from the previous year. This rate is a component of the residential garbage rate. Effective October 1, 1991, Waste Management will begin billing commercial and multi-family customers for recycling. The rates have been set forth in Ordinance 48-91. A copy of the previous ordinance with the new rates indicated is attached and should be forwarded to the City Clerks Office for drafting and placing on the Agenda. cc: Jan Williams, Utility Billing Manager ORDINANCE NO. 66-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS", CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "RATES AND CHARGES", SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES FOR RESIDENTIAL SERVICE; TO PROVIDE FOR DECREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES FOR COMMERCIAL SERVICE; TO PROVIDE FOR AN INCREASE IN THE FEE FOR RESIDENTIAL CUSTOMERS FOR RECYCLING SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING 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", "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: Sec. 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 Section 51-72: (1) For those customers receiving Type A, roll-out cart service, the service charge shall be $IZ~I $12.73 per month for garbage and trash pickup. However, the levy for "Tropic Palms and Palms of Delray" (known as Type F) shall be $9~ $10.01 per month for garbage and trash pickup. (2) For those customers receiving Type B, rear-door/side- door service, the service charge shall be $10.74 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 $~7~ $13.47 per month for garbage and trash pickup. (3) For those customers receiving Type C, curbside, garbage and household trash in disposable containers service, the service charge shall be ~9 $4.45 per month for garbage and household trash pickup. (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 ~ $8.57 per month for garbage and trash pickup. And the levy for the area bordered by S.W. 10th Street on the north, Federal Highway on the east, Linton Boulevard on the south and 1-95 on the west (known as Type H) shall be $I0~6~ $11.30 per month for garbage and trash pickup. NOTE: Residential customers shall be assessed a ~ $1.99 ' per unit charge for recycling service (included in rates set forth above). The effective date for Type G and Type H rates will be January 1, 1991. (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 Residential Commercial Size Monthly Monthly (Square Pickups Container Container Yard) Per Week Charge Charge (Collection (Collection Charge Only and Disposal Charge 2 1 $ Z~ 30 $ ~ 46 3 1 29 41 9~ 66 4 1 ~ 50 ~ 84 6 1 ~ 70 I~ 120 8 1 ~Z 86 Z~ 153 2 2 ~ 59 132 92 3 2 77 81 ~gX 132 4 2 9~ 100 Z~7 168 6 2 I~ 139 3~ 240 8 2 I~ 171 &6~ 306 2 3 ~ 88 I9~ lJ'9 3 3 II6 122 Z~ 198 4 3 I~ 151 37~ 251 6 3 I9~ 209 ~ 360 8 3 Z~ 257 7~0 459 2 4 ~] 118 ~ 185 3 4 I~d 163 3~l 263 4 4 ~9~ 201 ~9~ 335 6 4 Z~ 278 ~]9 480 8 4 ~]~ 343 9~ 612 2 5 I~ 147 ~Z9 231 3 5 I9~ 203 ~77 329 4 5 Z~ 251 ~I~ 419 6 5 ~I 348 ~99 600 8 5 ~ 429 ~ 765 2 6 I~ 177 39~ 278 3 6 Z~I 244 ~7~ 395 4 6 2~ 301 ~ 503 6 6 297 418 I~9 720 8 6 ~ 515 ~99 918 (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. -2- Ord. No. 66-91 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. (6) Commercial customers needing less than six refuse containers, and those 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. (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 container, 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 ~Z~ $30 for residential dumpster service and ~ $46 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. · -3- Ord. No. 66-91 (D) Commercial Rates for.Recycling Container Size Pick ups per Recycling Monthly (square yard) week Billing Rates 96 gal 1 $ 17 2 1 41 3 1 54 4 1 74 6 1 98 8 1 123 96 gal 2 26 2 2 62 3 2 81 4 2 115 6 2 161 8 2 206 96 gal 3 34 2 3 82 3 3 107 4 3 157 6 3 233 8 3 290 96 gal 4 43 2 4 103 3 4 134 4 4 198 6 4 286 8 4 373 96 gal 5 52 2 5 124 3 5 160 4 5 240 6 5 348 8 5 456 96 gal 6 61 2 6 145 3 6 186 4 6 282 6 6 410 8 6 539 (E) Multi-Family Rates for Recycling: Multi-family units which do not receive curbside recycling service shall be assessed a monthly charge of $1.60 per unit which shall be billed by the contractor. Section 2. That all ordinances or parts of ordinances which are in conflict herewith 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. 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 October 1, 1991. · -4- Ord. No. 66-91 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1991. MAYOR ATTEST: City Clerk First Reading Second Reading · -5- Ord. No. 66-91 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM ~ /~ - MEETING OF SEPTEMBER 10, 1991 ORDINANCE NO. 66-91 DATE: September 6, 1991 This is a first reading of an ordinance amending Chapter 51 of the Code of Ordinances to provide for an increase in the fees and charges for residential garbage and trash services; to provide for a decrease in the fees and charges for commercial garbage and trash services; and, to provide for an increase in the fees for residential recycling services. The fees for multi-family and commercial recycling remain unchanged (i.e. enacted pursuant to Ordinance No. 48-91). These increases and decreases in fees and charges are pursuant to the agreements between the City and Solid Waste Authority and Waste Management. As such, these changes in fees represent the annual adjustment authorized in those agreements. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 66-91 on first reading. l° ss o Is'r M E M 0 R A N D U M ~ 2 0 ,~fi~l TO: Robert Bar~ck~sistant City Manager/Comm. Serv. FROM: Joseph Saffor~ector of Finance DATE 8-19-91 SUBJECT: PROPOSED COMMERCIAL AND RESIDENTIAL GARBAGE RATES I am recommending that the City Commission approve increasing (decreasing) the City's service fees for garbage and trash collection pursuant to the following. 1. Effective October 1, 1991, the Solid Waste Authority will begin assessing commercial parcels for a portion of the total disposal fee. The balance will be paid at the landfill or transfer station at the rate of $37 per ton. The actual cost of disposal is ~$90.85/ton. Residential customers will continue to pay the Solid Waste Authority for ALL of the disposal portion at an annual rate of $149. 2. The contract with Waste Management provides for an increase in the collection portion of the bill based on the change in the Consumer Price Index for the previous year; 6.1%. 3. Funding for the continuous bulk-trash pick-up program has been proportionally adjusted to incorporate the above. 4. The residential, curb-side recycling charge will be $1.99 per unit. This is an increase of 6.1% from the previous year. This rate is a component of the residential garbage rate. Effective October 1, 1991, Waste Management will .begin billing commercial and multi-family customers for recycling. The rates have been set forth in Ordinance 48-91. A copy of the previous ordinance with the new rates indicated is attached and should be forwarded to the City Clerks Office for drafting and placing on the Agenda. cc: Jan Williams, Utility Billing Manager ORDINANCE NO. 66-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE V, "PUBLIC WORKS" CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE O~ ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "RATES AND CHARGES", SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES FOR RESIDENTIAL SERVICE; TO PROVIDE FOR DECREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES FOR COMMERCIAL SERVICE; TO PROVIDE FOR AN INCREASE IN THE FEE FOR RESIDENTIAL CUSTOMERS FOR RECYCLING SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING 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", "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: Sec. 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 Section 51-72: (1) For those customers receiving Type A, roll-out cart service, the service charge shall be $~ $12.73 per month for garbage and trash pickup. However, the levy for "Tropic Palms and Palms of Delray" (known as Type F) shall be $9~ $10.01 per month for garbage and trash pickup. (2) For those customers receiving Type B, rear-door/side- door service, the service charge shall be $I~I3 $10.74 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 $~Z $13.47 per month for garbage and trash pickup. (3) For those customers receiving Type C, curbside, garbage and household trash in disposable containers service, the service charge shall be $~I9 $4.45 per month for garbage and household trash pickup. (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 ~ $8.57 per month for garbage and trash pickup. And the levy for the area bordered by S.W. 10th Street on the north, Federal Highway on the east, Linton Boulevard on the south and 1-95 on the west (known as Type H) shall be $I~ $11.30 per month for garbage and trash pickup. NOTE: Residential customers shall be assessed a ~ $1.99 per unit charge for recycling service (included in rates set forth above). The effective date for Type G and Type H rates will be January 1, (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 Residential Commercial Size Monthly Monthly (Square Pickups Container Container Yard) Per Week Charge Charge (Collection (Collection Charge Only and Disposal Charge 2 1 $ Z~ 30 $ ~ 46 3 1 39 41 9~ 66 4 1 ~ 50 IZ3 84 8 1 ~ 86 ~33 153 2 2 ~ 59 I3~ 92 3 2 77 81 IgI 132 4 2 9~ 100 Z~7 168 6 2 I32 139 36~ 240 8 2 I~3 171 ~6 306 2 3 ~ 88 I9~ 139 3 3 II~ 122 2~6 198 4 3 I~3 151 37~ 251 6 3 I9~ 209 ~ 360 8 3 Z~ 257 7~ 459 3 4 I~ 163 3~ 263 4 4 I90 201 ~9~ 335 6 4 ~ 278 719 480 8 4 3~ 343 933 612 2 5 I~ 147 329 231 3 5 Z93 203 ~77 329 4 5 23~ 251 6I~ 419 6 5 33I 348 ~99 600 8 5 ~7 429 II~6 765 2 6 I6~ 177 39~ 278 3 6 23I 244 ~73 395 4 6 Z~ 301 7~I 503 6 6 39? 418 Z~?9 720 8 6 ~9 515 I399 918 (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. -2- Ord. No. 66-91 (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. (6) Commercial customers needing less than six refuse containers, and those 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. (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 container, 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 $~ $30 for residential dumpster service and ~ $46 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. · -3- Ord. No. 66-91 (D) Commercial Rates for Recycling Container Size Pick ups per Recycling Monthly (square yard) week Billing Rates 96 gal 1 $ 17 2 1 41 3 1 54 4 1 74 6 1 98 8 1 123 96 gal 2 26 2 2 62 3 2 81 4 2 115 6 2 161 8 2 206 96 gal 3 34 2 3 82 3 3 107 4 3 157 6 3 233 8 3 290 96 gal 4 43 2 4 103 3 4 134 4 4 198 6 4 286 8 4 373 96 gal 5 52 2 5 124 3 5 160 4 5 240 6 5 348 8 5 456 96 gal 6 61 2 6 145 3 6 186 4 6 282 6 6 410 8 6 539 (E) Multi-Family Rates for Recycling: Multi-family units which do not receive curbside recycling service shall be assessed a monthly charge of $1.60 per unit which shall be billed by the contractor. Section 2. That all ordinances or parts of ordinances which are in conflict herewith 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. 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 October 1, 1991. · -4- Ord. No. 66-91 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1991. MAYOR ATTEST: City Clerk First Reading Second Reading · -5- Ord. No. 66-91 CHARGES LEVIED", TO PROVIDE FOR~ GARBAGE AND TRASH SERVICE CHARGES AND FEES FOR RESIDENTIAL SERVICE; AND TO PROVIDE FOR ~ GARBAGE AND TRASH SERVICE CHARGES ~D. ~ ~D~QM~CIAL SERVICE; ~ CUSTOMERS FOR RECYCLINGISERVICE; PROVIDING PROVIDING 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 ~ "Rates and Charges", Section 51.70, "Regular Charges Le~'~d", of ~e Code of Ordinances of the City of Delray Beach, Florida, b~,~~s~e is hereby amended to read as follows: ~-~e 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 Section 51-72: (1) For those customers receiving Type A, roll-outc~jl2,7~ service, the service charge shall be $~9~71~..0_~ per month for garbage and trash pickup. However, the levy for "Tropic Palms and Palms of Delray" (known as Type F) shall be $I~~per month for garbage and trash pickup. (2~ For those customers receiving Type B, rear-door/side- door service, the service charge shall be  month for garbage and trash pickup. P~,e~ .leVy for the area bordered by N.W. 22nd o ev r~ Street on the north, Old Dixie Hi~hwa~ on the east, Lake Ida Road on the south and N.E. 2nd Avenue on the west (known as Type G)~shall be ~l-~'.'~er month for ~arba~e and trash ~ickup. ~,~ (3) For those customers receiving Type C, curbside, garbage and household trash in disposable containers service, the service charge shall be $~ ~per month for garbage and household trash pickup.---~,~ (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-do~service), the servica.~,~ charge shall be $I6~6 . 8..~er month for garbage and trash pickup. And t~e levy for the area bordered by S.W. 10th Street on the north, Federal Highwa~ on the east, Linton Boulevard on the south and 1-95 on the west, (known as Type H) shall be ~l~.6~5~per month for garbage and trash pickup. , NOTE:~ ~dential customers shall be assessed a SZ~ 1.~_~per unit charge for recycling service (include-d-in rates set forth above) (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 Residential Commercial Size Monthly Monthly (Square Pickups Container Container Yard) Per Week Charge Charge (Collection (Collection Charge Only) and Disposal Charge) 2 1 $ 28 ~9 8 I 8~ 3 2 4 2 1~0 ~ ~ I~ 6 2 i 1~9 ~7~ 2 3 ~ ~ ~ I~ . 2 6 /77 (2) Multiple-family dwelling units containing five units or more shall use containers emptied by mechanical means, except as othe~ise approved by the city because of lack of suitable space for a mechanical container or other good reason. (3) Co~ercial customers shall use mechanical containers and co~ercial refuse container service (~pe E). Co~ercial customers shall include, but not be limited to, all office buildings, stores, filling station~, service establishments, light industry, -2- Ord. No. 41-90 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 me~ns 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. (6) Commercial customers needing less than six refuse containers, and those 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. (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 container, the monthly charges shall be levied to each customer by dividing the total monthly cost ~.~ by the number of customers using that container; however, ~---.i~rk~no e~ent shall the monthly service charge be less than ~-~~ i~_~.)for residential dumpster service and ~$66~for commercial dumpster service. The term "CUSTOMER" a~-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: HAULING CHARGES 2-CU YD 3-CU YD 4-CU YD 6-CU YD 8-CU YD~ 1X PER WEEK SVC 44.97 64.85 82.63 119.24 152.71/ -3- Ord. No. 41-90 NOTE: Rates are stated in terms of monthly service charges,~ and Waste Management will invoice the City for services as well~ as provide the City with a detailed list of co~ercial-~-7 recycling customers and containers. Waste Management will~/ provide 2-cubic yards of container space for each thirty (30)~1 dwelling units located in condomini~ or apartment complexes ~ cooperation with the o~ers/operators of the condomini~s and~[/ apar~ents. Recycled mixed paper will be collected once each~ week. Section 2. That all ordinances or parts of ordinances which are in conflict herewith 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. Section 4. That this ordinance shall become effective i~ediately upon its passage on second and final reading, and the changes set forth herein shall be applicable to all bills rendered on or after October 1, 1990. PASSED AND ADOPTED in regular session on second and final reading on this the 9th day of October , 1990. ATTEST: City ~lerk' / First Reading September 25, 1990 Second Reading October 9, 1990 -4- Ord. No. 41-90 ~ ~LL~,~srs ORDINANCE NO. 48-91 AN ORDINANCE OF THE CITY COM~ISSION OF THE CITY OF ' DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 41- 90 '- WHICH AMENDED TITLE V, "PUBLIC WORKS", CHAPTER 51, GARBAGE AND TRASH", OF' THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING "RATES AND CHARGES", SECTION 51.70, "REGULAR CHARGES LEVIED", BY REPEALING SUBSECTION (D) "COMMERCIAL RATES FOR RECYCLING" AND ENACTING A NEW SUBSECTION (D) , "COMMERCIAL RATES FOR RECYCLING", TO PROVIDE FOR INCREASED FEES FOR VOLUNTARY COMMERCIAL. RECYCLING SERVICE; AND BY ENACTING A NEW SUBSECTION (E), "MULTI-FAMILY RATES FOR RECYCLING", TO PROVIDE FOR FEES FOR MULTI-FAMILY RECYCLING SERVICE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIV~ 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", "Rates and Charges", Section 51.70, "Regular Charges Levied" of the Code of Ordinances of the City of Delray Beach, Florida and Ordinance 41-90, be, and the same are hereby amended by repealing subsection {D), "Commercial Rates for Recycling" "and enacting a new subsection (D), ,'Commercial Rates for Recycling" and by enacting a new subsection (E), "Multi-family Rates for Recycling", to read as follows: Section 51-70. Regular Charges Levied (D) Commercial Rates for Recycling Container Size Pick ups per Recycling Monthly (square yard) week Billing Rates 96 gal I $ 17 2 1 41 4 i 74 8 1 123 96 gal 2 26 2 2 62 4 2 115 2 3 · 82 3 3 107 4 3 157 6 3 233 8 3 290 96 gal 4 43 2 4 103 3 4 134 4 4 198 6 4 286 8 4 373 96 gal 5 52 2 5 124 3 5 160 4 ,5 240 6 5 348 8 5 456 96 gal 6. 61 2 6 145 3 6 186 4 6 282 6 6 410 8 6 539 (E) Multi-Family Rates for Recycling: Multi-family units which do not receive curbside recycling service shall be assessed a monthly charge of $1.60 per unit which shall be billed by the Contractor. Section 2. That all ordinances or parts of ordinances which are in conflict herewith 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 par% thereof other than the part declared to be invalid~ Section 4. That this ordinance shall become effective immedi- ately upon passage on second and final reading, and the changes set forth herein shall be applicable to all bills rendered on or after October 1, 1990. PASSED AND ADOPTED in regular session ~n second and final reading on this the 9th day of Jul 1991.. ATTEST: City Cl~rk ~ ' First Reading June 25, 1991 Second Reading July 9, 1991 '~ 2 ORD NO. 48-91 BOCA RATON NEWS DELItAY BEACH NEWS BOYNTON BEACH NEWS RO'f~I~,~NE~I~ L. AND ~ ~TED WIT~I~ THE A PUBLIC HEARING ~11 ~ ~ m ~L AI~ ~ CLU~ ~BDIV~ Published Daily ,:, P.M,, t~ II ~ ~imt~ ~ DISTRI~ MP. ~LRAY 5~h ~ ~ is ~ by ~ ~ FeORI~ 1~; PROVI~ A BOC~ R~O~, P~[m B~ch ~o~ty, F~o~id~ N.W. 1~ *~, ~iy ~, ~ PROVIDIH~EFFE~IVE~TE. Delray Beach, Palm Beach County, Florida ~w ~ ~ ~ ~w~ ~ ~ ~ ~ ~ M ~ Ci~ C~ ~ ~ AN ORDI~KE ~ THE CITY C~ Ci~ Hall, ~ N.W. 1~ A~, ~ MI~I~ ~ THE CITY OF ~LRAY ~h, FWd, ~ I:M ~. ~ S:M BETH, FLOR~ ENACTING P.M. ~ ~ Fr~, ~ SECT&ON ~LT(FHe), 'RELIEF vi~ ~ ~ W ~ ~ ~ r~ OF THE ~ND DEVELOPMENT Before the undersigned authority personally ~m~ DE~R~Yp~ov,~ ~RB~CH'Pq~E~REsFeO~I~ F~TO ~N ORD~N~KE OF THE C1~ ~ 08T~INIK RELIEF F~ ~pp~d ~AN~ WA~ who o~ o~h ~y~ ~h~ ~h~ M)~ON OF ~E CITY ~ ~eR~Y ~ORS WITHIN THE ~ND ~E~- BEACH, FLORID~ ~RR~T~ OP~NT REGU~TI~S ~1~ is the Classified Advertising Manager of the Boca T~E Z0NIK C~SIFi~TI~ F~ ADVERTENTLY CR~TE ~ND LYING A~ 8E1~ IN SEG ~RD~IP; ~IDIK A GENER- R~to~ N~w~ ~d th~ D~[~y B~h N~w~t d~i~y T~ON)~IHPART, ANDSE~ AL REK~R C~USE; PROVI~ ~H PA~T, T~IP i ~T~, I~ A ~VI~ C~USE; PROV~ newspapers published at Boca Raton in Palm ~NGG G E~ P~ B~H IKON EFFECTIVE ~TE. COUNTY, FLOR~. FR~ R-~. Beach County, Florida; that the attached copy of (s~E FM[~Y ~ES~OE.T,*U DISTRICT TO ~-IA (SIDLE F~I- advertisement was published in said newspapers ~, RESf~ENTIAL~ D(STRfCT; ~O AN 0RDt~E OF THE CITY C~ ~ND IS ~TEO ON THE ~UTH M~I~ ~ T~E C~W ~ in the issues of: s~E 0G wEs~ ~T~NT~C ~VENUE, BE~C,, ~Oa,~ WEN~K T~- BE~EK MILITARY TRAIL ANO TLE Xk ~INE~ REGU~TION~, THE E 3 ~ ~KE ~TH ORAI~ CHAPTER117, ~NOL~D PER- RECTI~~lgG ~P ~ OEL. ~A~ES ~ THE CI~ ~ D~LRAY ~ ~ - ~ RAY 8~CH, FLORI~ 1~; PR~ BE~, F~ORI~ BY ~ENDING ~ V)DING A GENE~ REPEALER SE~I~ 117.~ ~IT FEE~, TO C~E; PROVIDING A ~VING ~R~ THE PER UNIT C~T C~USE; PROVtDING AN EFFEC- F~ ~ ~ ~T FEE; T~VE CATE. PR~M A ~VIN .C~USE; P~t~ A GENE~ AN ORDINANCE OF THE CiTY C~ MINION OF THE C~TY OF DELRAY ~ :~ BE~H, F~ORI~, CORRECTI~ Affiant further says that the said Boca Raton T~E ZONING C~IFI~TI~ F~ LOTS ~ T~RU ?~ AT THE ~RTH~ST ~NER ~ TLE V, ~lC ~RK~, .~PTER' ~i~h~d ~t BOO~ ~to~, i~ ~id ~m B~oh ~o~y, SE. ~TH STREET A~ S.E. ~NA~ R, ~E A~ Y~, ENUE (~UTHGND FE~K THE ~ ~ ~OI~K~ OF ___ _~Mondav through Sunday, and have been ~,G~w~, F,M ~ (G~ me OW'~ ~AY Florida, entered as second class matter at the post office in ~Au,0~t.~ KG~ C~ A~ ~, ~C~O. ~.~ Boca Baton, Palm Beach County, Florida, for ~ pe- ~K,,,~ ?o,,.~ ~ o~ ~. ~,~ ~ ~ ~' RAY BEACH, FLORidA, 1~; PRE ~GE ~ . T~ riod of one year next preceding the f~st publica- V,D,K A GENERAk RE~R C~ A~ ~EES ~R C~USE; PROVIDING A ~VING ~RTI~ ~Y~; TO tion of the attached copy of advertisement; and c~e, PR~DmG AN EFFEC- I F~ DEC~D W~ A~ TIVE~TE. I TR~ ~ CH~ES AND ~FE~ ~ C~RC!AL affiant furthe: says that she has neithe~ paid nor ~~ i v~ ~ ~ ~. / ~ IN THE ~E ~ RES~ p~omi~d ~ ~o~, f~ o~ ~O~po~o~ ~y d~- AN ORDIHAKE OF THE ~TY C~ / ~'~E~ ~ RECY- count, rebate, commission or refund for the p~- ~,~m~ 7.E c,~ m~.A, I cuN ~s~l~ pm~ pose of securing this advertisement for publication · P~L OF ~ND L~TED ON 1 ST~EEL ~F EXTENOEO ~. WARD, lEbEN INTERSTATE , , AND S.W. 1fill TER~ ~ ~E '~ ~ PARTICU~RLY ' DISTRI~ TO R4A (SI~ F~ DEL~Y BEACH, FLORI~ ~: ~ :~ ~ ~ ~ ~ ' ' ' - - ' ER C~USE; PR~IDI~ A ~Vl~ ~ ~ ~ ~ ~ ~ ~ TIVE~TE. ~ ~ ~ ~ F,S. Sworn to and subscribed before me this ~ISSION ~ THE CIW ~ ~Y ~ d~y of A.D., [9 BEACH, F~ORJ~ RE~I~ AND P~C~NG ~ND PRESENTLY ZONED R-t~ (SIDLE RESIOENTIA~) DISTRICT IN ~ ~ (OPEN SPACE) D~STRI~; (Seal, Notary ~b!ic, S~rida at large) M Comm~smon ex ~IM~/~_