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