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08-032 I 1 ORDINANCE NO. 08-03;2.... ") AN ORDINANCE OF THE CITY COMMISSION OF THE ... 3 CITY OF BOYNTON BEACH, FLORIDA, AMENDING 4 SECTION 10-30 OF THE CITY'S CODE OF 5 ORDINANCES, GARBAGE, TRASH AND OFFENSIVE 6 CONDITIONS, ARTICLE II, REFUSE, GARBAGE AND 7 TRASH ALLOWING FOR RATE INCREASE; 8 PROVIDING FOR CONFLICTS, SEVERABILITY, 9 CODIFICATION AND AN EFFECTIVE DATE. 10 WHEREAS, as a result of increased labor and fuel costs the operational ~xpenses for 11 the Solid Waste Commercial service is expected to rise for fiscal year 2008/09; and 12 WHEREAS, the City Commission finds the adoption of an ordinance allowing the 13 Public Works Director to annually adjust the container rental fee based upon changing 14 purchase prices of new containers and adjusting the Operating Charge for fiscal year 2008/09 15 from $3.51 per cubic yard to $4.00 per cubic yard is in the best interest of the health, safety, 16 and welfare of the citizens and residents of the City of Boynton Beach. 17 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION 18 OF THE CITY OF BOYNTON BEACH FLORIDA, THAT: 19 Section 1. Each "Whereas" clause set forth above is true and correct and 20 incorporated herein by this reference. 21 Section 2. Section 10-30, Rates and charges for City service of Part II, Chapter 10, 22 Garbage, Trash and Offensive Conditions, Article II, Refuse, Garbage and Trash, is amended 23 s follows: 24 ARTICLE II. REFUSE, GARBAGE AND TRASH 25 .. . 26 ec. 10-30. Rates and charges for City service. 27 The rates and charges for refuse collection service provided by the City shall be as follows: 28 (a) Commercial containerized. excluding mult!family residential units: 29 (1) Monthly commercial charges shall consist of a total of the following three (3) 30 terns: ':\C A\Ordinances\Refuse. Garbage and Trash(rate increase).doc -1- I 1 a. Container rental charge A monthly flat fee to cover the co:;t of the container by 2 size as follows: 3 2003/2004 Rates 4 2 cu. yd. container $20.00 per month 5 3 eu yd. container 25.00 per month 6 'I cu. yd. container 30.00 per month 7 6 cu. yd. container 35.00 per month 8 8 cu. yd. container '10.00 per month 9 a. Rental charge - The charge assessed to account for expenses related to 10 the provision of commercial refuse containers. The Public Works Director shall 11 annually adjust these feesthe container rental fee based upon changing purchasemarket 12 prices of new containers. 13 b. Disposal charge-A fixed disposal charge as set and modified from time to 14 time by the Palm Beach County Solid Waste Authority. This price shall be passed on 15 to the customer directly. 16 c. Operating charge-A fixed charge per cubic yard to cover all other labor 17 and equipment hauling expenses and charges of the Solid Waste Department. The rate 18 in ~2008-09 will be fixed at tf:ireefour dollars ($3.00)($4.00) per cubic yard and 19 wtHshall be increased four percent ( '1%) annually thereafter based upon changes to 20 operating expenses at the discretion of the Public Works Director at the beginning of 21 each fiscal year, or as otherwise provided by the City Commission. 22 (2) Partial monthly service will be charged on a prorated basis, based on the rates in 23 ubsection (la.) above. 24 (3) Mechanical compressed or compactor refuse shall have the disposal rate computed 25 t a three-to-one (3: 1) ratio of the disposal rates set forth in subsection (1 b.) above. Containers 26 ith compactors shall be furnished by the owner, therefore, no rental cost shall be charged. 27 28 Section 3. Each and every other provision of Chapter 10, not herein specifically 29 mended shall remain in full force and effect as previously enacted. 30 Section 4. All ordinances or parts of ordinances in conflict herewith be and the :\CA \Ordinances\Refuse. Garbage and Trash(rate increil.'>e).doc - 2- 1 1 same are hereby repealed. 2 Section 5. Should any section or provision of this ordinance or portion hereof, any 3 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 4 such decision shall not affect the remainder of this ordinance. 5 Section 6. Authority is hereby granted to codify said ordinance. 6 Section 7. This ordinance shall become effective immediately upon its passage 7 and adoption. 8 FIRST READING this 5 day of NO'i'ecn be~2008. 9 10 SECOND, FINAL READING AND PASSAGE this If ;/-L" day of /' 11 fiiC J' (:"/,'( ./1 e,' ~ 2008. 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 'G/ r 31 /; i ,1.1 , " " 32 / ':/~' ? If; 33v 34 35 36 CORPORATE SEAL) 37 :\CA\Ordinances\Refuse, Garbage and Trash(rate increase) doc - 3 -