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O-645-04 ORDINANCE NO. 645-04 AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING SECTIONS 9-42 (1), (1)(a), (2), AND (3), OF THE VILLAGE CODE OF ORDINANCES, RELATING TO THE FEES CHARGED FOR GARBAGE &TRASH COLLECTION, TO PROVIDE FOR AN INCREASE IN SAID FEES, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, for decades Miami Shores Village has operated a chipping operation at its Public Works facility which greatly assisted the Village in the handling of yard trash such as tree trimmings and the like; and WHEREAS, recently issues have been raised by Miami-Dade County and the Department of Environmental Resource Management regarding this chipping operation which has lead the Village administration, upon the advice of special legal counsel, to recommend the discontinuance of such operations going forward; and WHEREAS, for reasons of public safety, health, welfare and to preserve, maintain and enhance the general appearance of the Village including its public ways and alleyways, the Village desires to continue to provide to its residents a relatively high level of yard trash collection services which, after discontinuance of the Village's chipping operation, will necessitate the transportation of such yard trash to a county landfill for disposal; and WHEREAS, the fees and costs to be incurred by the Village in connection with disposal of such yard trash at the County landfill (in terms of tipping or dumping fees, fuel consumption, manpower, equipment and other expenses) are such as to necessitate certain waste collection rate increases in order to allow the Village to continue to provide bulk trash pick up service for the Village residents and service levels at least equal to those being currently provided; and WHEREFORE, it is therefore in the best interest of the Village to now raise the residential garbage rate fee as set forth hereinafter. NOW, THEREFORE, BE IT ORDAINED by the Miami Shores Village Council that: Section 1. Section 9-42 (1), (1)(a), (2) and (3) of the Miami Shores Village Code of Ordinances is hereby amended to read as follows: Effective October 1, 2004, each person, firm, corporation, partnership or other legal entity who is the owner of each lot, tract, or parcel of land in any area in the Village where waste collection service is provided by the Village, shall pay for residential and commercial refuse collection the following fees: (1) Residence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $661.53 a. Auxiliary living unit (one 30-gallon can) . . $331.00 (2) Duplexes, per unit . . . . . . . . . . . . . . . . . . . . . . . . . $661.53 (3) Apartment rentals, condominiums and co-ops (per unit, one 30-gallon can each) . . . . . . . $331.00 Section 2. All ordinances or parts of ordinances in conflict herewith or inconsistent herewith are hereby repealed, but only insofar as such ordinances may be inconsistent or in conflict with this Ordinance. Section 3. This Ordinance shall become effective immediately, and the fee increases setforth herein shall commence with the October 1, 2004 billing. PASSED ON FIRST READING ON THIS 6th DAY OF July , 2004. PASSED AND ADOPTED ON SECOND AND FINAL READING THIS 20TH of July 2004. /YWV Jim M Coy, Ma r ATTEST: , _ a'��_. Barbara A. Estep, CMC Village Clerk APPROVED AS TO FORM: ILZ Richard Sarafan Village Attorney