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Item 7AAGENDA ITEM # 7A FEBRUARY 9, 2009 ORDINANCE NO 55-09 35 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA INCREASING THE MONTHLY SANITATION RATES FOR EXTRA PICK UPS BY AMENDING CHAPTER 16, SOLID WASTE AND RECYCLING, ARTICLE I, SOLID WASTE DEFIIVITIONS AND PROCEDURES, SECTION 16-10 FEES FOR COLLECTION; PROVIDING FOR INTENT; PROVIDING FOR THE AMENDD~IENT TO EXISTING RATES; PROVIDING FOR SEVERABH.ITY; AND PROVIDING FOR AN EFFIECfIVE DATE. WHEREAS, the City bases its sanitation rates on recovering the cost of providing the services and, WHEREAS, the City implemented new rates as of October 1, 2008 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 increases 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 A7T.ANTIC BEACH, FLORIDA, that; SECTION I. Intent It is the intent of the City of Atlantic Beach, Florida to add to the code the rates 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 SS-08-34 passed on September of 2008. SECTION 2. Sec.16-10. Fees far collection. All residents, occupants and owners of premises in the city shall have accwnulations 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 for garbage, recycling, and yard waste. (a.} Any person requesting an additional garbage pick-up each week shall be charged an additional fee of ~~A 17.78 per month. The day of fire additional pick-up AGENDA ITEM # 7A FEBRUARY 9, 2009 shad be set by the franchisee, and a s~~scription agreement shall be signed with the City which shall require a minimum of one (1 }year of the a~iitional fee. ~•) ~Y person mQg an additional garbage toter (or required to have an additional garbage toter due to volume of excess trash produced) for their houselmld shall be charged an additional fee of ~8:3A 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 26~' day of January, 2009. Passed by the City Commission on first reading this day of February, 2009. John S. Meserve Mayor /Presiding Officer Approved as to form a~ correctness: Alan C. Jensen, Esquire City Attorney ATTEST: Danny L. Bartle, CMC City Clerk Ordinance Mo. 55-09-35 Page 2 of 2