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2008-16 Commercial Waste Disposal FeesORDINANCE 2008-16 • AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 2, "GARBAGE COLLECTION AND DISPOSAL," OF 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 of the building and reflects the rates established by the Palm Beach County Solid Waste Authority ("SWA"); and WHEREAS, the SWA increased such fees in its recently adopted annual budget effective • October 1, 2008, and the Village seeks to increase its commercial use property waste disposal fee to reflect the increases established by SWA retroactive to the commencement of the current fiscal yeaz; 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, "Gazbage, 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-threegh): Sec. 14-30. Commercial use property waste disposal fees and co-ection procedures. (1) For purposes ofthis section, commercial use property shall include all property pazcels 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. (2) Annual disposal fees for gazbage and trash and all other refuse • collected by the Village ofNorth Palm Beach shall be chazged as herein provided, except as otherwise stated: Occu ancy Category Fee er S uaze Foot Low &049 0.068 Medium n~ 0.181 Hi h n~ 0.967 *** 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, paragraph, 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, 2008. • PLACED ON FIRST READING THIS 9th DAY OF OCTOBER. 2008. PLACED ON SECOND, FINAL READING AND PASSED THIS 23rd DAY OF OCTOBER 2008. (Village Seal)', //l/.s%~%~f~a' p~.~'~x~~Q ! MAY R ,. , ATT,FST~,,,.r~ VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY