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41-90 ORDINANCE NO. 41-90 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 DECREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES FOR RESIDENTIAL SERVICE; AND TO PROVIDE FOR INCREASED GARBAGE AND TRASH SERVICE CHARGES AND FEES FOR COMMERCIAL SERVICE; AND TO PROVIDE FOR FEES FOR BOTH RESIDENTIAL AND COMMERCIAL 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 ~9/~7 $12.01 per month for garbage and trash pickup. However, ~ levy for "Tropic Palms and Palms of Delray" (known as Type F) shall be $I7~7 $9.44 per month for garbage and trash pickup. (2) For those customers receiving Type B, rear-door/side- door service, the service charge shall be ~ $10.13 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 $i2.71 per month {or ~arba~e and trash pickup. (3) For those customers receiving Type C, curbside, garbage and household trash in disposable containers service, the service charge shall be $~Z~ $4.19 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 ~ $8.08 per month for garbage and trash pickup. And th-~y 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 Ty~e H) shall be $10.65 per month for ~arba~e and trash pickup. NOTE: Residential customers shall be assessed a $~ $1.88 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 $ 28 $///~Z $ 66 3 1 39 7~ 95 4 1 48 94 123 6 1 66 ~;7 180 8 1 8'-~ ~77 253 2 2 56 ~ 132 3 2 77 I4~ 191 4 2 95 Ig~ 247 6 2 132 ZT~ 360 8 2 163 ~ 466 2 3 84 ~ 1~8 3 3 11--~ ~ 2~ 4 3 143 Z~ 370 6 3 1-~ ~Z 540 8 3 245 ~ 700 2 4 112 ~ 2~4 3 4 15~ Z~ ~ 4 4 ~-~ ~ ~-~ 6 4 264 ~49 719 8 4 3-~ 7~7 933 2 5 14b Z~ 329 3 5 19'3 ~7~ 477 4 5 23~ ~7~ 618 6 5 33i ~7 899 8 5 ~ ~ 1~6-~ 2 6 16'8 ~; ~ 3 6 23'1 ~6~ 573 4 6 ~-~ ~7~ ~ 6 6 ~ ~ 1079 8 6 48~ ~ 1399 (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, -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 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/~/¢~¢~ $28 for residential dum~s~er service and $66 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: HAULING C~ARGES 2-CU YD 3-CU YD 4-CU YD 6-CU YD 8-CU YD 1X PER WEEK SVC ~ ~ ;9~ ~ ~ 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 commercial recycling customers and containers. Waste Management will provide 2-cubic yards of container space for each thirty (30) dwelling units located in condominium or apartment complexes. Waste Management will determine appropriate container sizes in cooperation with the owners/operators of the condominiums and apartments. 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 immediately 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 BOCA RATON NEWS DELItAY BEACH NEWS BOYNTON BEACH NEWS Published Daily Monday thru Sunday Boca Raton, Palm Beach County, Florida Delray Beach, Palm Beach County, Florida STATE OF FLORIDA ~.a414~ AN ORDINANCE OF TH; CITY ¢0~- COUNTY OF PALM BEACH amsm~ OF ~E c~ ~ ~LaAY TLE V, ~UBLIC ~KS', CHAPTE~ is the Classified Advertising Manager of the Boca A~m~n~,e~ ~.m~se~.~A~s,.~, 'RE~ 'CrinGE5 LEVIE~ T0 Raton News and the Delray Beach News, daily ~ ~. ~c.~ GA~ ~ T~H newspapers published at Boca Raton in Palm ~ ..~ ~m ~. ~,. ~L' ~YICE~ AND TO Beach County, Florida; that the attached copy of v~= ~ INCR~D GARBAGE advertisement was published in said newspapers 'AND F~ES FOR C~ERCI~ SER* VICi'AND TO PROVIDE FOR in the issues of: ,~ KTH ~EI~NT AL AND ~R~IDIN~ A ~VING PR~IDIN~ AN EFFECTIVE ~TE, ~ ~ ~ ~lct ~ ~ C~ C~ · ~ C~ ~ll~ ~ N,W. lff A~, will ~ ~ ~ ~ ~ Affiant further says that the said Boca Raton News and Delray Beach News are newspapers pub- ~ ~ ~ ~}, ~ ~ lished at Boca Raton, in said Palm Beach County, ~ ~. Florida, Monday through Sunday, and have been "~ "= ~' ~ entered as second class mater at the post office in ~ ~ ~ "~ ~ ~ Boca Raton, Palm Beach County, Florida, fo~ a pc- ~y m~ ~ m m~m ~ ~iod of one yea~ ne~t preceding the f~t p~blloa- m~m~d ~~ my ~ tion of the attached copy of advertisement; and ~ ~. v~m ~ e promised any person, fMm or corporation any dis- Tm ~w ~ ~ p~ count, rebate, commission or refund for the pUt- CITY OF ~Y IBACH pose of securing this advertisement for publication ' A~~ in said newspapers. I/! 8~o~ ~ ~ub~c~ibed be~o~e me (Seal, Notary Public, ~lorida at large) [.(NO~,,~Y'~ CHARLENE RICH My Commission exp~.~~,~,$~,~