HomeMy WebLinkAboutR-89-04 RESOLUTION R-89-04
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO GARBAGE SERVICE
FRANCHISE; PROVIDING FOR A CHANGE IN THE SHORT TITLE OF
THE FRANCHISE; PROVIDING FOR A CHANGE IN THE RATES
CHARGED TO RESIDENTIAL CUSTOMERS; PROVIDING FOR A
CHANGE IN THE NAME OF THE FRANCHISE GRANTEE; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE
APPENDIX TO THE CODE OF ORDINANCES OF THE CITY; AND
PROVIDING FOR AN EFFECTIVE DATES.
WHEREAS, the City of Sebastian has granted a non-exclusive
franchise to Rural Sanitation Service, Inc., a Florida
corporation, to operate garbage service with the City; and
WHEREAS, the rates charged by the grantee for its service
pursuant to the franchise shall be fair and reasonable and
designed to meet all necessary costs of the service, including a
fair rate of return on the grantee's net valuation of its
properties devoted thereto under efficient and economical
management; and
WHEREAS, the grantee may request a rate increase for its
services; and
WHEREAS, a public hearing shall be held by the City Council
to receive input on a request for a rate increase; and
WHEREAS, a public hearing was held on October 26, 1988 at
which time the City Council received input from the general
public concerning the subject of a rate increase; and
WHEREAS, the City Council has directed its staff to consider
the grantee's request for a rate increase; and
WHEREAS, the staff has recommended approval of a change in
the rates charged to residential customers; and
WHEREAS, the maximum permissible residential rates reflect
landfill fees which were collected by the grantee from the
customer and paid directly to Indian River County; and
WHEREAS, Indian River County now directly charges County
residents for the costs associated with
and
WHEREAS, the company which is the
maintaining a landfill;
grantee of rights under
the franchise has changed its name from Rural Sanitation Service,
Inc. to Treasure Coast Refuse, Inc. in order to more properly
reflect its service area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. SHORT TITLE. Section 1 of the Rural
Sanitation Service, Inc. Franchise is hereby repealed in its
entirety and a new Section 1 of the Franchise is hereby created
to read as follows: "This Resolution shall be known and may be
cited as the 'Treasure Coast Refuse, Inc. Franchise'."
SECTION 2. RATES AND CHARGES. Section 9 of the
Franchise shall be amended to provide for a new monthly garbage
rate for residential customers of Five Dollars and Sixty-Five
Cents ($5.65) per dwelling, per month.
SECTION 3. DEFINITIONS. The company, which is the
grantee of rights under the Franchise, shall henceforth be known
as Treasure Coast Refuse, Inc.
SECTION 4. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
SECTION 5. CODIFICATION. It is the intention of the
City Council of the City of Sebastian, Indian River County,
Florida, and it is hereby provided that the provisions of this
Resolution shall become and be made a part of the Appendix to the
Code of Ordinances of the City of Sebastian, Florida; that the
sections of this Resolution may be renumbered or relettered to
accomplish such intention. The City Clerk is hereby directed to
provide the Municipal Code Corporation with a certified copy of
this Resolution.
SECTION 6. EFFECTIVE DATE. This Resolution shall take
effect immediately upon final passage.
The foregoing Resolution was moved for adoption by
Councilman . The motion was seconded by
Councilman and, upon being put to a vote,
the vote was as follows:
Mayor Richard B. Votapka
Vice-Mayor Kenneth Roth
Councilman Peter Vallone
Councilman Robert McCarthy
Councilman George Metcalf
The Mayor thereupon declared this Resolution duly passed and
adopted this ~ day of -~L~ ........ , 1989.
CITY OF SEBASTIAN, FLORIDA
Richard B. Votapka, Mayor
Attest:
._Kathry~ M. O'Malloran, CMC/AAE
city .~lerk
_(SRAL)
A~proved as to Form and Legal Sufficiency:
Charles Ian Nash, Esquire
City Attorney