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2007-21 Commercial Waste Disposal Fees• ORDINANCE 2007-21 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 2, "GARBAGE COLLECTION AND DISPOSAL," ARTICLE II, "GARBAGE, TRASH AND REFUSE," OF CHAPTER 14, "HEALTH AND SANITATION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 14-30, "COMMERCIAL USE PROPERTY WASTE DISPOSAL FEES AND COLLECTION PROCEDURES" TO INCREASE THE ANNUAL DISPOSAL FEE AS ADOPTED BY THE SOLID WASTE AUTHORITY; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with Section 14-30 of the Village Code of Ordinances, the Village collects an annual disposal fee for garbage, trash and refuse from commercial properties within the Village; and WHEREAS, the disposal fee collected by the Village is based on the occupancy category and square footage ofthe building and reflects the rates established by the Palm Beach County Solid Waste Authority ("SWA"); and • WHEREAS, while the disposal rates established by the SWA have remained consistent since 2002, the SWA increased such fees in its recently adopted annual budget effective October 1, 2007; and WHEREAS, the Village seeks to increase its commercial use property waste disposal fee to reflect the increases established by SWA retroactive to the commencement ofthe current fiscal year; and WHEREAS, the Village Council has determined that adoption of this Ordinance is in the best interests ofthe health, safety and welfaze ofthe Village and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and correct and aze incorporated herein. Section 2. The Village Council hereby amends Chapter 14, "Health and Sanitation," Article II, "Garbage, Trash and Refuse," Division 2, "Gazbage Collection and Disposal," of the Village Code of Ordinances by amending section 14-30 to read as follows (additional language is underlined and deleted language is stricken-threugk): Sec.14-30. Commercial use property waste disposal fees and collection procedwes. (1) For purposes of this section, commercial use property shall include all property parcels in the village upon which a building exists with the exception of residential use property, village-owned property and other property used for governmental purposes. Page 1 oft • (2) Annual disposal fees for gazbage by the Village of North Palm Beach shall b otherwise stated: and trash and all other refuse collected e charged as herein provided, except as Occu ancy Category Fee er S uaze Foot Low 904H 0.049 Medium n~ 0.132 Hi h A~56 0.702 * • r • • Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the Village ofNorth Palm Beach, Florida. Section 4. If any section, pazagraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall take effect retroactive to October 1.2007. PLACED ON FIRST READING THIS 7th DAY OF NOVEMBER 2007. PLACED ON SECOND, FINAL READING AND PASSED THIS 13th DAY OF DECEMBER 2007. (~/illage Seal) ~~/ MAYOR ATTEST: VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 2 oft