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HomeMy WebLinkAbout2006 02 27 Regular Item 309 Revised Solid Waste Resolution 2006-16 COMMISSION AGENDA ITEM 309 Regular X February 27.2006 Regular Meeting MGR./DEPT. Authorization REQUEST: City Manager requesting the City Commission adopt a revised Solid Waste Rate Resolution (No. 2006-16) to reconcile and correct minor discrepancies in the calculation of commercial franchise fees. PURPOSE: To obtain Commission adoption of a revised Solid Waste Rate Resolution (No. 2006-16) to reconcile and correct minor discrepancies in the calculation of commercial franchise fees. CONSIDERATIONS: On February 13,2006 the City Commission approved the Solid Waste Rate Resolution (No. 2206-08) establishing customer rates for solid waste service in the City of Winter Springs. In accordance with Section 5.5 of the Solid Waste Agreement between the City and Waste Pro of Florida, Inc. (also approved February 13,2006), Waste Pro (Contractor) "agrees to pay a Franchise Fee equal to ten percent (10%) of all Contractor's gross monthly billings related to collection and disposal services directly billed by the Contractor under this agreement..." In reviewing the breakdown and calculation of commercial cart rates in Table II and the calculation of special pickup services in Table V to the previously approved rate resolution, minor calculation errors were noted as follows: TABLE II Commercial Cart: Collection Disposal Franchise Fee Total Customer Rate Previous Calculation 5.42 .74 .68 6.84 Revised Calculation 5.42 .74 .62 6.78 Add'l Commercial Cart: Collection Disposal Franchise Fee Total Customer Rate Previous Calculation 4.97 .74 .63 6.34 TABLE V Minimum Charge: Collection Disposal Franchise Fee Total Customer Rate Previous Calculation 48.60 6.00 5.40 60.00 Each Add'l Cubic Yard: Collection Disposal Franchise Fee Total Customer Rate Previous Calculation 20.25 2.50 2.25 25.00 FUNDING: Revised Calculation 4.97 .74 .57 6.28 Revised Calculation 48.00 6.00 5.40 59.40 Revised Calculation 20.00 2.50 2.25 24.75 Revisions do not affect outlay of City funds as the revisions apply to certain commercial rates only, which are billed and collected directly by Waste Pro. Minor reductions in the amount of Franchise Fee revenue remitted to the City by Waste Pro will occur. However, these revisions to franchise fee calculations are necessary to properly and accurately reflect the Franchise Fee amount to be remitted per the Solid Waste Agreement with Waste Pro. RECOMMENDATION: The City Manager recommends the Commission take the following actions: Adopt Resolution 2006-16 to reconcile and correct minor discrepancies in the calculation of commercial franchise fees. A TT ACHMENTS: 1. Resolution 2006-16: amended Solid Waste Rate Resolution (amending Resolution 2006- 08), including affected customer rate tables II & V. COMMISSION ACTION: RESOLUTION NO. 2006-16 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AMENDING THE SOLID WASTE RATE TABLES ADOPTED PURSUANT TO RESOLUTIONS 2006-06, AS AMENDED BY RESOLUTION 2006-08, TO RECONCILE AND CORRECT MINOR DISCREPANCIES IN THE CALCULATION OF THE COMMERCIAL FRANCHISE FEE ; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article Vill, ofthe State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission adopted solid waste rates pursuant to Resolution 2006-06, as amended by Resolution 2006-08; and WHEREAS, subsequent to the adoption of Resolutions 2006-06 and 2006-08, the City determined that the several minor discrepancies were contained in Rate Table II and Table V which affect the calculation of the commercial franchise fee; and WHEREAS, the City Commission ofthe City of Winter Springs, Florida hereby deems that it is in the best interest of the public health, safety, and welfare of the citizens of Winter Springs to amend the solid waste rate tables II and V as set forth herein. NOW THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY RESOLVES, AS FOLLOWS: Section 1. Amendment to Solid Waste Tables. The solid waste rate tables II and V adopted under Resolution 2006-08 are hereby repealed and substituted with a new table II and V that are attached hereto. The attached solid waste rate tables II and V are hereby fully incorporated herein by this reference. The solid waste rate tables I, ill, and IV adopted under Resolution 2006-06 shall remain in full force and effect. Section 2. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Winter Springs Resolution 2006-16 Page 1 of2 Section 3. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 5. Effective Date. This Resolution shall become effective on March I, 2006. ADOPTED by the City Commission of the City of Winter Springs, Florida, this 27th day of February, 2006. John F. Bush, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution 2006-16 Page 2 of2 TABLE II Solid Waste Collection Rates Commercial Bulk Container Service Front-Land Containers: Contractor Collection Rate County Disposal Rate Franchise Fee Customer Rate Commercial Cart: Contrator Collection Rate County Disposal Rate Franchise Fee Total Customer Rate Additional Cart (Optional): Contractor Collection Rate County Disposal Rate Franchise Fee Total Additional Cart Rate (1) Front-Load Container rates are stated per cubic yard. (x container size x pick-ups per month=total monthly charge). Front-load Additional Charges: Wheels on Cantainers: $15.00 per month; Locks & Locking Bars: $15.00 per month; Gates Opening & Closing: $15:00 per month. (2) Commercial Cart Rates are stated per pick-up, per month. (3) Begining March 1, 2007 an annual CPI adjustment not to exceed 2.5% will be applied to the Contractor Collection Rate upon request at the Contractor. (4) Disposal Rates are 100% pass through and shall be adjusted accordingly upon changes in Landfill Tipping Fees. (5) Customer Rates may be amended from time to time as required. TABLE V Solid Waste Customer Rates Residential Special Pickup Service