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Home My WebLink About2007 10 08 Regular 606 Resolution Number 2007-47 amending Resolution Number 2004-41 CITY OF WINTER SPRINGS September 24, 2007 Regular Meeting 100807 _COMM_Regular_606_Resolution_2007 -47 _Recycling_Bins I 00807 _COMM_Regular_606_Resolution_2007- 47 _Recycling_Bins COMMISSION AGENDA ITEM 606 Consent Informational Public Hearin Re ular X October 8, 2007 Regular Meetmg Mgr. ..;~ / Dept. Authorization REQUEST: The City Manager requesting the City Commission to consider adoption of Resolution Number 2007-47 amending Resolution Number 2004-41 PURPOSE: This agenda item is needed for the Commission to adopt amendments to the City's Recycling Bin Policy as directed by the Commission. CONSIDERATIONS: On August 20, 2007 the City Commission directed that the Recycling Bin Policy be amended to provide for the City replacing damaged recycling bins under certain circumstances. The attached Resolution attempts to carry out the Commission's intent. In reviewing this matter it is important to note that recycling bins are part of the Solid Waste Fund, and as such revenue driven for a special purpose. It is not a part of the General Fund which is established for the general health, safety, and welfare of the community. FUNDING: N/A RECOMMENDATIONS: It is recommended that the Commission review the attached Resolution and make any changes it deems appropriate. ATTACHMENTS: Resolution Number 2007-47 COMMISSION ACTION: RESOLUTION NUMBER 2007-47 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REVISING THE CITY'S RECYCLE BIN POLICY FOR THE RESIDENTS OF WINTER SPRINGS; REPEALING RESOLUTION 2004-41; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Winter Springs encourages all residents to recycle material to reduce the amount of solid waste entering our landfills, as well as to conserve natural resources; and WHEREAS, the City desires not to impose an economic hardship on the City for the provision of recycle bins, which are distributed to each resident upon initiation of a utility account with the City; and WHEREAS, from time to time replacement recycle bins are requested by residents for lost or worn out bins; and WHEREAS, in recognition of the above issues, the City desires to adopt a uniform policy for the sale and distribution of recycle bins to our residents; and WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution is in the best interest of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, THAT RESOLUTION 2004-41 IS AMENDED AS FOLLOWS: SECTION 1. Incorporation of Recitals. The following recitals are deemed true and correct and are hereby fully incorporated by this reference. SECTION 2. Recycling Bin Policy. The following policy is adopted regarding the distribution and sale of recycling bins for utility customers. 2.1 Recycling is encouraged by all residents of the City of Winter Springs. A recycle bin, pick-up schedule, and recycle guidelines will be provided to each customer at the initiation of utility service. All single family residential dwellings shall have a least one recycle bin for recycling authorized material. This bin shall be placed at curbside on the specified pick-up day. 2.2 Fees for recycle bins shall be $4.00 for the first recycle bin and $6.00 for each additional recycle bin, and may be amended from time to time. All revenues received for recycle bin sales, and all expenses for recycle bin purchases shall be booked and accounted for in the Solid Waste Fund. 2.3 The maintenance and care of recycling bins shall be the responsibility of the owner of the single-family dwelling. Lost, stolen, broken, worn and otherwise unusable recycle bins shall be replaced by the City in accordance with the fee schedule provided in Section 2.2 of this Resolution. In the event that a bin(s) is damaged by the City or an agent of the City, and the bin(s) is no longer usable, the City shall replace said bin(s) at no cost to the owner of the bin(s), provided that the owner of the bin(s) returns the damaged bin(s) to the City. Section 3. Repeal of Resolution 2004-41 And All Other Prior Inconsistent Resolutions. Resolution 2004-41 is hereby repealed in its entirety. All prior resolutions or parts of resolutions adopted by the City Commission in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, 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. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2007. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for The City of Winter Springs, Florida only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs, Florida Resolution Number 2007-47 Page 2 of2 RESOLUTION NUMBER 2007-47 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REVISING THE CITY'S RECYCLE BIN POLICY FOR THE RESIDENTS OF WINTER SPRINGS; REPEALING RESOLUTION 2004-41; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Winter Springs encourages all residents to recycle material to reduce the amount of solid waste entering our landfills, as well as to conserve natural resources; and WHEREAS, the City desires not to impose an economic hardship on the City for the provision of recycle bins, which are distributed to each resident upon initiation of a utility account with the City; and WHEREAS, from time to time replacement recycle bins are requested by residents for lost or worn out bins; and WHEREAS, in recognition of the above issues, the City desires to adopt a uniform policy for the sale and distribution of recycle bins to our residents; and WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution is in the best interest of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, THAT RESOLUTION 2004-41 IS AMENDED AS FOLLOWS: SECTION 1. Incorporation of Recitals. The following recitals are deemed true and correct and are hereby fully incorporated by this reference. SECTION 2. Recycling Bin Policy. The following policy is adopted regarding the distribution and sale of recycling bins for utility customers. 2.1 Recycling is encouraged by all residents of the City of Winter Springs. A recycle bin, pick-up schedule, and recycle guidelines will be provided to each customer at the initiation of utility service. All single family residential dwellings shall have a least one recycle bin for recycling authorized material. This bin shall be placed at curbside on the specified pick-up day. 2.2 Fees for recycle bins shall be $4.00 for the first recycle bin and $6.00 for each additional recycle bin, and may be amended from time to time. All revenues received for recycle bin sales, and all expenses for recycle bin purchases shall be booked and accounted for in the Solid Waste Fund. 2.3 The maintenance and care of recycling bins shall be the responsibility of the owner of the single-family dwelling. Lost, stolen, broken, worn and otherwise unusable recycle bins shall be replaced by the City in accordance with the fee schedule provided in Section 2.2 of this Resolution. In the event that a bin(s) is damaged by the City or an agent of the City, and the bin(s) is no longer usable, the City shall replace said bin(s) at no cost to the owner of the bin(s), provided that the owner of the bin(s) returns the damaged bin(s) to the City. Section 3. Repeal of Resolution 2004-41 And All Other Prior Inconsistent Resolutions. Resolution 2004-41 is hereby repealed in its entirety. All prior resolutions or parts of resolutions adopted by the City Commission in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, 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. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. RESOL VED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on theBth'day ofo ,2007. )~ A TT~ST: EA LORENZO-LUACES, City Clerk to legal form and sufficiency for inter Springs, Florida only: . GARGANESE, City Attorney City of Winter Springs, Florida Resolution Number 2007-47 Page 2 of2