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05-055 II 1 ORDINANCE NO. 05 - oS::;: 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 10, "GARBAGE, 5 TRASH AND OFFENSIVE CONDITIONS," OF THE 6 CITY OF BOYNTON BEACH CODE OF ORDINANCES, 7 BY AMENDING SECTION 10-30 (C), "RESIDENTIAL 8 RATES (NONCONTAINERIZED)", TO PROVIDE FOR 9 RATE MODIFICATION FOR NON-AUTOMATED 10 SERVICE; PROVIDING FOR CONFLICTS, 11 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 12 DATE. 13 14 WHEREAS, on September 7, 2004 the Boynton Beach City Commission ("City") 15 adopted Ordinance No. 04-072 ("Ordinance") that provided for various revisions to the solid 16 waste provisions of the City's Code of Ordinances; and 17 WHEREAS, during the time since the Ordinance was adopted, City staff has observed 18 that a significant number of new residential developments are designed in such a manner that 19 automated garbage collection is either very difficult or altogether impossible because of 20 constrained road widths or turning radii; and 21 WHEREAS, the City Commission concurs with City staffs recommendation, and has 22 determined that it is in the best interest, safety and welfare of the residents and citizens of 23 Boynton Beach, that Chapter 10 'Garbage, Trash and Offensive Conditions be amended to 24 remove the different charge for residential, non-automated service, as set forth below. 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1, Each Whereas clause set forth above IS true and correct and 28 incorporated herein by this reference. 29 Section 2. That Chapter 10, "Garbage, Trash and Offensive Conditions," Sec. 10- S:\CA\Ordinances\Chapter 10 Garbage Code Revision.doc 1 II 30, "Rates and charges for City service," sub-section 1O-30(c), "Residential rates 2 (noncontainerized)" of the Code of Ordinances of the City of Boynton Beach, be, and the 3 same is hereby amended by adding the words and figures in underlined type, and by deleting 4 the words and figures in struck-through type, as follows: 5 Sec. 10-30. Rates and charges for City service. 6 The rates and charges for refuse collection service provided by the city shall be as 7 follows: 8 9 (c )Residential rates (non containerized) : 10 (1) Ten dollars and fifty cents ($10.50) per month for single-family dwellings. 11 (2) Ten dollars and fifty cents ($10.50) per month for each family unit duplex 12 or triplex. 13 (3) Ten dollars and fifty cents ($10.50) per month for each family unit for 14 apartments and condominiums. 15 (4) Trailer parks, ten dollars and fifty cents ($10.50) per month per trailer. 16 (5) Thirteen dollars and fifteen cents fur non automated service 17 Secj;ion 3. Each and every other provision of Chapter 10, not herein specifically 18 amended shall remain in full force and effect as previously enacted. 19 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 20 same are hereby repealed. 21 Section 5. Should any section or provision of this ordinance or portion hereof, any 22 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 23 such decision shall not affect the remainder of this ordinance. S:\cA \Ordmances\chapter 10 Garbage Code Revision.doc 2 II Section 6. Authority is hereby granted to codify said ordinance. 2 Section 7. This ordinance shall become effective during the first full billing cycle 3 after the adoption of the Ordinance on Second Reading. 4 FIRST READING this Wh _ day of September, 2005. 5 SECOND, FINAL READING AND PASSAGE this ~_ day of 6 ~_,2005. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ATTEST: 21 22 23 24 25 CITY OF BOYNTON BEACH, FLORIDA .~ J:::-i7 Commissioner "', ~._-- -S... ) "------ ~1~ S:\CA\Ordinances\chapter 10 Garbage Code Revision.doc 3