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VI(C) Resolution 2004-05, Modifying Resolution 92-04, Increasing the Solid Waste Rates from $16.00 to $18.25 Agenda 04-06-2004 e Center of Good ry Item VI C Mayor .Sb - ise Commissioners S. Scott Vandergrift ,,00"1"7-- Danny Howell,District 1 Scott Anderson, District 2 City Manager '. Rusty Johnson, District 3 Jim Gleason Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Robert B. Zaitooni, P.E., Deputy Public Works Director/City Engineer DATE: March 16, 2004 RE: Resolution No. 2004-05—Increase in Residential Solid Waste Rate ISSUE: Should the Honorable Mayor and City Commissioners approve Resolution 2004-05, increasing the rate for the collection and disposal of residential solid waste to$18.25 beginning with the billing cycle in April 2004? BACKGROUND AND DISCUSSION: On February 17, 2004, the City Commission approved Option C, continuance of the in-house services for the collection and disposal of residential solid wastes within the City limits. Resolution#2004-05 amends Resolution#92-04 adopted in on April 7, 1992, by increasing the rate per customer per month from the current rate of$16.00 to new rate of$18.25 per customer per month. RECOMMENDATION: Staff respectfully recommends the Honorable Mayor and City Commissioners approve and adopt Resolution 2004-05, increasing the rate for collection and disposal of residential solid waste to$18.25. Attachment: Resolution 2004-05 City of Ocoee Public Works•301 Maguire Road•Ocoee,Florida 34761 phone: (407)905-3170•fax:(407)905-3176•www.ci.ocoee.fl.us RESOLUTION NO. 2004-05 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA AMENDING RESOLUTION NO. 92-04 BY INCREASING RATES FOR RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL SERVICE TO $18.25 PER MONTH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Section 143-8 of the Code of Ordinances of the City of Ocoee, Florida, Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes; and WHEREAS, on September 12, 1991, the City Commission of the City of Ocoee adopted Resolution No. 91-17 establishing the base rate for residential garbage collection services; and WHEREAS, on April 7, 1992 the City Commission adopted Resolution No. 92-04 repealing Resolution No. 91-17 in its entirety and establishing new rates for residential garbage collection service; and WHEREAS, the City Commission desires to amend Resolution No. 92-04 in order to increase the base rate for residential garbage collection services from$16.00 per month to $18.25 per month; provided, however, that the rates established in Resolution No. 92-04 shall remain in effect for bills issued through March 31, 2004. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,AS FOLLOWS: Section 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Section 143-8 of the Code of Ordinances of the City of Ocoee, Florida, Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. Section 2. New Base Rate for Residential Garbage Collection Service. The base rate for residential garbage collection service listed in Section 2 of Resolution No. 92-04 is hereby amended to read $18.25 per month for two (2) pick-ups per week for solid waste, one (1) pick-up per week for yard waste, and one(1)pick-up per week for recycling materials; provided, however, that the rates established in Resolution No. 92-04 shall remain in effect for bills issued through March 31, 2004. Section 3. Resolution No. 92-04 Otherwise Unchanged. Except as set forth in this resolution, Resolution 92-04 shall remain unchanged and in full force and effect. Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. This Resolution has been adopted after a public hearing preceded by at least seven days notice thereof and of the proposed action by publication in a newspaper of general circulation in the City. Section 5. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of March, 2004. ATTEST: APPROVED: CITY OF OCOEE,FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift,Mayor (SEAL) APPROVED BY THE OCOEE CITY COMIVIISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA APPROVED AS TO FORM AND LEGALITY this day of March, 2004. FOLEY& LARDNER LLP By: City Attorney 2