Item 7AAGENDA ITEM # 7A
JANUARY 26, 2009
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: ORDINANCE NUMBER 55-09-35
DATE: January 7, 2009
SUBMITTED BY: Nelson Van Liere, Finance Director
BACKGROUND: During the development of the Annual Operating Budget for the fiscal
year ended September 30, 2009, the staff determined that an increase of
4% to all sanitation rates was necessary to fund ongoing operations,
maintain a reasonable reserve balance, and fund a transfer to the General
Fund.
In February of 2008, the City added two new sanitation services to the
Code of Ordinances. They were for an additional day of pick-up and an
additional toter. Both of these services were to be included in our code,
per the adoption of Ordinance 55-08-32.
The Municipal Code Corporation failed to add these items to our code,
This error will be corrected by the City Clerk. Unfortunately, since they
were omitted, they were not included in the ordinance amending the rates
passed in September during the budget process. Ordinance 55-08-34 was
intended to adjust all sanitation rates by 4%.
The effect of this ordinance will be to have those rates added to the code
in the amount that was intended with the passage of the last rate increase.
At this time, we have 26 customers signed up for these services. They are
being billed the intended amount.
BUDGET: The budgeted revenue will not be adjusted for this ordinance.
RECOMMENDATION: Approve Ordinance 55-09-35
ATTACHMENT: Ordinance 55-09-35
REVIEWED BY CITY MAN~I+'
~-
AGENDA ITEM # 7A
JANUARY 26, 2009
ORDINANCE NO 55-09-35
AN ORDINANCE OF THE CITY OF ATLAN'T'IC BEACH,
FLORIDA INCREASING THE MONTHLY SANITATION
RATES FOR EXTRA PICK UPS BY AMENDING
CHAM'ER 16, SOLID WASTE AND RECYCLING,
ARTICLE I, SOLID WASTE DEFINITIONS AND
PROCEDURES, SECTION 16-10 FEES FOR COLLECTION;
PROVIDING FOR INTENT; PROVIDING FOR THE
AMENDMENT TO EXISTING RATES; FROVIDING FOR
SEVERABILTI'Y; AND FROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City bases its sanitation rates on recovering the cost of providing the services
WHEREAS, the City implemented new rates as of October 1, 20(}8 in order to generate
revenues sufficient to cover the 4% costs increase from the City's contracted waste hauler, and
WHEREAS, the City adopted rates for two new services in February 2008. The new services
were not included in the City's code by The Municipal Code Corporation and therefore, the
subsequent rate incmases adopted on September 22, 2008 did not include them. The two
services are the additional day of service and the extra toter service.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that;
SECTION I. Intent
It is the intent of the City of Atlantic Beach, Florida to add to the code the notes adopted by
Ordinance 55-08-32 in February 2008 and adjust them by the across the board increase of 4%
that was the intent of Ordinance 55-08-34 passed on September of 2008.
SECTION 2. Sec.16-10. Fees for collection.
All residents, occupants and owners of premises in the city shall have accumulations of solid
waste removed and disposed of by the franchisee, and for the service of solid waste removal
shall pay the city the sums as promulgated by ordinance shown below for each type of service:
(1) Residential Monthly payments shall be computed by multiplying the initial number of
residential units in the service area times seventeen dollars and seventy eight cents ($17.78) per
household far garage, recycling, and yard waste.
(a.) Any person requesting an additional garbage pick-up each week shall be charged
an additional fee of X49 17.78 per month. The day of the additional pick-up
AGENDA ITEM # 7A
JANUARY 26, 2009
shall be set by the franchisee, anti a subscription agreement. shall be signed with
the City which shall require a minimum of one (1) year of the additional fee.
ro-) ~Y Person requesting an additional garbage toter (or required to have an
a~itional garbage toter dce to volume of excess trash pmoduced) for their
household shall be charged an a~itioml fee of X8-58 8.84 per month and a
subscription agreement shall be signed with the City which shall require a
minimum of one (1) year of the additional fee.
SECTION 3. Severability
If any section, sentence, clause, or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
SECTION 4. Effective Date
This Ordinance shall take effect upon its final passage and adoption.
Passed by the City Commission on first reading this Day of January, 2009.
Passed by the City Commission on first reading this Day of FelbruarY, 2009.
John S. Meserve
Mayor J Presiding Officer
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
ATTEST:
Donna L. Bartle, CMC
City Clerk
Ordinarroe No. 55-09-35 Page 2 of 2