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2006-20 Commercial Waste DisposalORDINANCE 2006-20 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 14-30 OF THE VILLAGE CODE OF ORDINANCES, "COMMERCIAL USE PROPERTY WASTE DISPOSAL FEES AND COLLECTION PROCEDURES," TO INCREASE THE ANNUAL DISPOSAL FEES COLLECTED BY THE VILLAGE AND CORRECTLY REFERENCE THE PALM BEACH COUNTY PROPERTY APPRAISER; 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, while the disposal rates established by the SWA have remained consistent since 2002, the SWA increased such fees in its recently adopted annual budget; and WHEREAS, the Village seeks to increase its commercial use property waste disposal fee to reflect the increases established by SWA; and WHEREAS, the current version of Section 14-30 incorrectly refers to the Palm Beach County Tax Appraiser in lieu of the Property Appraiser and the Village wishes to correct this error; and WHEREAS, the Village Council has determined that adoption of this Ordinance is in the best interests of the general welfare of the Village of North Palm Beach. 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 are incorporated herein. Section 2. The Village Council hereby amends Chapter 14, "Health and Sanitation," Article II, "Garbage, Trash and Refuse," Division 2, "Garbage 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 st-~l °^~): Section 14-30.Commercial use property waste disposal fees and collection procedures. (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. (2) Annual disposal fees for garbage and trash and all other refuse collected by the Village of North Palm Beach shall be charged as herein provided, except as otherwise stated: Occupancy Category Fee per Square Foot Low $9:03 0.046 Medium 8:9gS 0.123 High 9~1 0.656 Occupancy category is as determined by the Palm Beach County Solid Waste Authority. Total square feet is as determined by the Palm Beach County T-a-x Propertx Appraiser. Section 3. 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 4. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This Ordinance shall take effect October 1, 2006. PLACED ON FIRST READING THIS 14th DAY OF SEPTEMBER, 2006. PLACED ON SECOND, FINAL READING AND PASSED THIS 28th DA 2006. n ,-~ /1 (Village Seal) F SEPTEMBER, ATTEST: ~%~~~ L~~,2//,I,/~~. /~~~C " ~~~~ VILLAGE CLERK ~